01/24/2002
AGENDA
01/24/02
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CITY COMMISSION
MEETING
.01/24/02
.' " .' '. ' . . ~ . '. ~ .' . .
NOTE: 1/22/02
PRELIMINARY (WS)
AGENDA & PAPER
WORK THAT WAS IN
PACKET INITIALLY
. BUT THEN NOT
CONTINUED ONTO
THURSDA Y'S
. COMMISSION
. AGENDA IS AT THE
BACK OF THIS
AGENDA PACK.
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, January 24, 2002 - 6:00 P.M. - Commission Chambers
1 . Invocation - Reverend Oliver Jackson of Bridge of Love Ministries
2. Pledge of Allegiance - Vice-Mayor.
, 3. Approval of Minutes - 01/10/02 - Approved.
4. Citizens to be heard re items not on the Agenda:
Alice Thaler said the Sand Key Cabana Club Restaurant has been deteriorating since
1997, and is polluted with vermin. Staff to bring forward to Commission in 02/02
regarding high demolition bids.
Tom Sehlhorst said the City has cited him unfairly for illegal signs, stating the signs
were perm itted.
PUBLIC HEARINGS
Item #5 - Res #02-03 changing the name of Greenwood Avenue to Martin Luther King, Jr.
Avenue, providing for a two-year transition period. PW
ACTION: Approved. Resolution adopted.
Item #6 - Res. #02-04 changing the name of Martin Luther King Avenue to Douglas
Avenue. PW
ACTION: Approved. Resolution adopted.
Item #7 - Res. #02-05 changing the name of North Gulfview Boulevard to Beach Drive. PW
ACTION: Approved. Resolution adopted.
Item #8 - Res. #02-07 changing the name of Vanderbuilt Drive to Vanderbilt Drive. PW
ACTION: Approved. Resolution adopted.
Item #9 - Public Hearing - Declare as surplus for the purpose of conveying title to the City
of Clearwater Community Redevelopment Agency (CRA) a portion of Block 3, Magnolia
Park Sub. and portions of Blocks A and B, Coachman Heights Sub., with portions of
vacated abutting and intervening right-of-way, all being more particularly described as
Parcel 2 in Exhibit A, together with a portion of Tack and Warren Sub., and a portion of a
vacated alley lying therein, being more particularly described as Parcel 3 in Exhibit A, for
the total purchase price of $575,753.11. PW
ACTION: Approved.
Public Hearing - Second Reading Ordinances
ITEM #10 - Ord #6930-02 - vacating the northerly 3 feet of the 10 foot drainage and
utility easement lying along the south property line of Lot 10, Block "B", Northwood
Estates Tract "C", (AKA 3089 Cascade Drive), as recorded in Plat Book 75, Page 65, of
the Official Records of Pinellas County, Florida (Hook, V2001-26) CA6
ACTION: Ordinance adopted.
Action Agenda
1
01/24/02
CITY MANAGER REPORTS
CONSENT AGENDA (Items #11-19) - Approved as submitted.
ITEM #11 - Approval of Purchases per Purchasing Memo:
1) Purchase to replace two (2) Chevrolet Sierra 1500 pickup trucks from Garber Auto Mall
for $33,202.00. CGS/SW
2) Purchase to replace one 2002 Case 588Gforklift from Briggs Equipment for
$36,692.00. SW
3) Purchase one 2002 Ford F-350 with 10 foot no walk-in rescue box from Fire Fighting
Innovations, Inc. for $78,641.00. FD
ITEM #12 - Approve an agreement with District Board of Trustee of St. Petersburg
College, Florida for AmeriCorps-Pinellas Project for support of membership. PO
ITEM #13 - Increase the amount of the professional services contract with Walker Parking
exceed $97,000 for Condition Appraisals and Restoration Services in accordance with
section 2.564( 1)e (code of ordinances-impractical to bid). PW
ITEM #14 - Approve Change Order No.6 to Harvey - Taddeo, Inc. of Oldsmar, Florida for
the contract amount by $71,504.02, and approve a time extension of 60 days. The new
contract total of $1,623,579.59. PW
Action Agenda
2
01/24/02
ITEM #15 - Accept $3,500,000 grant from and Approve the Conceptual Approval
Agreement with the Florida Communities Trust for acquisition of the Friendlv Village of
Kapok Manufactured Home Community property. PW
ITEM #16 - Approve the Cooperative Funding Agreement with the Southwest Florida
Water Management District and the City of Clearwater accepting funding for Kapok
Wetland and Floodplain Restoration Project in the amount of $3,000,000. PW
ITEM #17 - Approve work order Supplemental Agreement Number 4 to HDR Engineering,
Inc. for post-design services for the Memorial Causeway Bridge in an amount not to exceed
$455,700.00. PW
ITEM #18 - Approve the Interloeal Agreement between Pinellas County and municipalities
within Pinellas County and the City of Clearwater's $5,000 financial contribution to the
American Assembly process. eM
ITEM #19 - Right-of-Way and Utilities Easement ICurtis) CA
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #20 - Approve acceptance of a $1,726,875 grant and corresponding Conceptual
Approval Agreement with Florida Communities Trust (FCT) for the acquisition of 4.34
acres of land, commonly known as the Bayview Park. PR
ACTION: Approved (3:0 - EH abstained)
ITEM #21 - First Reading Ord #6926-02 revising Appendix A, Schedule of Fees, Rates and
Charges, V. Buildings and Building Regulations (E47 .087) I code of ordinances, to add a flat
fee of $40 for tent permits related to approved neighborhood activities. OS
ACTION: Approved. Ordinance passed 1st reading.
ITEM #22 - Adopt Res. #02-02 approving the All Requirements Gas Services Agreement
with Florida Gas Utility (FGU) and necessary documents to accomplish same. eGS
ACTION: Approved. Resolution adopted.
ITEM #23 - Presentation - Newsracks
ACTION: Given.
ITEM #24 - Presentation - State Building Code
ACTION: Given.
ITEM #30 - Other Pending Matters - None.
Action Agenda
3
01/24/02
CITY ATTORNEY ITEMS
ITEM #26 - Other City Attorney Items - None.
ITEM #27 - City Manager Verbal Reports
City Clerk encouraged awareness of new touch screen technology to be used for March
election. Demonstrations to be scheduled in community and in City Clerk Department.
City Manager stated some residents have chronic problems dealing with staff and use
the Citizens to be Heard format to air their grievances. Staff is careful to act
appropriately with each citizen's concerns.
ITEM #28 - Other Commission Action
The Commission said they had participated in the Dr. Martin Luther King Day
festivities and complimented the upper Pinellas NAACP for inviting inspiring speakers
for the event.
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Jonson said the draft of the settlement agreement between the County and billboard
industry is not yet available. Billboards in enclaves throughout the City will be
affected. Public input is not possible until the draft can be reviewed. He requested
that the County provide information on the proposed settlement agreement in time for
the City to respond and make comment.
ACTION: Approved.
Jonson encouraged residents to get to know their neighbors and enhance community
unity.
Hamilton offered condolences to the family of Clearwater High School Senior Ricky
Teal, who was killed in an automobile accident last week. He hoped young people
learn from this tragedy to be more vigilant when they drive.
Hart said he had participated in the 11 th Annual Teachers' Appreciation breakfast at
the Long Center.
Hart said he had attended the Miniature Arts Society brunch. Their 27th Annual
International Art Show will be held 1/20-2/10/02 at the Dunedin Art Center.
Admission is free.
Hart said he had helped with the Florida Huddle Press Conference with the tourism
industry. Hotel owners have reported business is improving.
Hart said firefighters and their spouses arrived today as part of the Clearwater 4R
Program. Local hotels and businesses have contributed to make the stay memorable
for those who contributed to 9/11/01 rescue efforts.
ITEM #29 - Adiournment - 7: 14 p.m.
Action Agenda
4
01/24/02
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AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, January 24, 2002 - 6:00 P.M. - Commission Chambers
Welcome. We are glad to have you join us. If you wish to speak please wait to be
recognized, then state your name and address. Persons speaking before the City
Commission shall be limited to 3 minutes unless otherwise noted under Public Hearings.
No person shall speak more than once on the same subject unless granted permission by
the City Commission. The City of Clearwater strongly supports and fully complies with
the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the
meeting if you require special accommodations at 727-562-4090., Assisted Listening
Devices are available. Kindly refrain from using beepers, cellular telephones and other
distracting devices during the meeting.
1 . Invocation - Reverend Oliver Jackson, Bridge of Love Ministries
2. Pledge of Allegiance
3. Approval of Minutes - Regular Meeting - January 10, 2002
4. Citizens to be heard re items not on the Agenda
PUBLIC HEARINGS
Not Before 6:00 P.M.
Administrative public hearings:
- Presentation of issues by City staff.
Statement of case by applicant or representative (5 minutes).
Commission questions.
Comments in support and in opposition (3 minutes per speaker).
Commission questions.
Final rebuttal by applicant or representative (5 minutes).
Commission disposition
5. Res #02-03 changing the name of Greenwood Avenue to Martin Luther King, Jr. Avenue,
providing for a two-year transition period. PW
6. Res #02-04 changing the name of Martin Luther King Avenue to Douglas Avenue. PW
7. Res #02-05 changing the name of North Gulfview Boulevard to Beach Drive. PW
8. Res #02-07 changing the name of Vanderbuilt Drive to Vanderbilt Drive. PW
9. Public Hearing - Declare as surplus for the purpose of conveying title to the City of
Clearwater Community Redevelopment Agency (CRA) a portion of Block 3, Magnolia
Park Sub. and portions of Blocks A and B, Coachman Heights Sub., with portions of
vacated abutting and intervening right-of-way, all being more particularly described as
Parcel 2 in Exhibit A, together with a portion of Tacit and Warren Sub., and a portion of a
vacated alley lying therein, being more particularly described as Parcel 3 in Exhibit A, for
the total purchase price of $575.753.11. PW
01-24-02 Commission Agenda.doc
1
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. ,
Public Hearing - Second Reading Ordinances
1 O. Ord #6930-02 - vacating the northerly 3 feet of the 10 foot drainage and utility
easement lying along the south property line of Lot 10, Block" B", Northwood
Estates Tract "C", (AKA 3089 Cascade Drive), as recorded in Plat Book 75, Page 65,
of the Official Records of Pinellas County, Florida (Hook, V2001-26) CA
CITY MANAGER REPORTS
CONSENT AGENDA (Items #11- 19)
The following items require no formal public hearing and are subject to being approved in
a single motion. However, any City Commissioner or the City Manager may remove an
item from the Consent Agenda to allow discussion and voting on the item individually.
11. Approval of Purchases per Purchasin~ Memorandum:
1. Purchase to replace two (2) Chevrolet Sierra 1500 pickup trucks from Garber Auto
Mall for $33,202.00. CGS/SW
2. Purchase to replace one 2002 Case 588G forklift from Briggs Equipment for
$36,692.00. SW
3. Purchase one 2002 Ford F-350 with 10 foot no walk-in rescue box from Fire Fighting
Innovations, Inc. for $78,641.00. FD
12. Approve an agreement with District Board of Trustee of St. Petersburg College, Florida for
AmeriCorps-Pinellas Project for support of membership, PO
13. Increase the amount of the professional services contract with Walker Parking exceed
$97,000 for Condition Appraisals and Restoration Services in accordance with section
2.564(1)e (code of ordinances-impractical to bid). PW
14. Approve Change Order No.6 to Harvey - Taddeo, Inc. of Oldsmar, Florida for the contract
amount by $71,504.02, and approve a time extension of 60 days. The new contract total
of $1,623,579.59. PW
15. Accept $3,500,000 grant from and Approve the Conceptual Approval Agreement with the
Florida Communities Trust for acquisition of the Friendly Village of Kapok Manufactured
Home Community property. PW
16. Approve the Cooperative Funding Agreement with the Southwest Florida Water
Management District and the City of Clearwater accepting funding for Kapok Wetland
and Floodplain Restoration Project in the amount of $3,000,000. PW
17. Approve work order Supplemental Agreement Number 4 to HDR Engineering, Inc. for
post-design services for the Memorial Causeway Bridge in an amount not to exceed
$455,700.00. PW
18. Approve the Interlocal A.greement between Pinellas County and municipalities within
Pinellas County and the City of Clearwater's $5,000 financial contribution to the American
Assembly process. CM
19. Right of Way and Utilities Easement (Curtis) CA
01-24-02 Commission Agenda.doc
2
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OTHER ITEMS ON CITY MANAGER REPORT
20. Approve acceptance of a $11726,~75 grant and corresponding Conceptual Approval
Agreement with Florida Communities Trust (FCT) for the acquisition of 4.34 acres of land,
commonly known as the Bayview Park. PR
21. First Reading Ord #6926-02 revising Appendix A, Schedule of Fees, Rates and Charges,
V. Buildings and Building Regulations (E47.087), code of ordinances, to add a flat fee of
$40 for tent permits related to approved neighborhood activities. OS
22. Adopt Res #02-02 approving the All Requirements Gas Services Agreement with
Florida Gas Utility (FGU) and necessary documents to accomplish same. CGS
23. Presentation - Newsracks
24. Presentation - State Building Code
25. Other Pending Matters
CITY ATTORNEY REPORTS
26. Other City Attorney Items
27. City Manager Verbal Reports
28. Other Commission Action
29. Adjournment
01-24-02 Commission Agenda.doc
3
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Final Agenda Item #
Pw#1
5
Clemwater City COlnlnission
Agenda Cover Menlorandulll
Work session Item #:
Meeting Date:
01/24/02
SUBJECT/RECOMMENDA TION: Approve changing the name of Greenwood Avenue to Martin
Luther King, Jr. Avenue, providing for a two-year transition period, and pass Resolution 02-
03,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Clearwater/Upper Pinellas County Branch of the NAACP has requested the City Commission
rename a prominent cross-town street after Martin Luther King Jr. The City Commission has directed
staff to draft a resolution changing the name of Greenwood Avenue along its entire length to Martin
Luther King. Jr. Ave.
. Staff research indicates that there are 284 residences and businesses that will be affected by this street
,name change.
. The name change will be implemented over a two-year period as provided for in the resolution attached.
. The City of Clearwater's addressing system will require that North and South designations be utilized for
the renamed roadway.
. Renaming the existing Martin Luther King Avenue to Douglas Avenue is addressed in a separate
agenda item.
. This item has been advertised twice prior to this meeting in accordance with the advertisement
requirements for a street vacation.
Reviewed by:
Legal
Info Srvc
N/A
Originating Dept:
Public Works ^f'v
Administration . r
Steve Dohert
User Dept.
N/A
Costs N/A
Total
~
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Public Works ~
DCM/ACM ~
Other (' ~
Current FY
Funding Source:
CI
OP
Other
Attachments
Res. 02-03
Exhibit Map
Submitted by:
City Manager "'Bill ~
Appropriation Code:
Printed on recycled paper
RESOLUTION 02-03 Greenwood to MLK
, . ' " . " .' . ':' "... .' ,I _ ~ ~. " . l. ' ,
RESOLUTION NO. 02-03
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, CHANGING THE NAME OF GREENWOOD
AVENUE, LOCATED BETWEEN HARBOR DRIVE AND
BELLEAIR ROAD, TO MARTIN LUTHER KING, JR.
AVENUE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Greenwood Avenue is a City street located between Harbor Drive
and Belleair Road; and
WHEREAS, it has been requested that this street name be changed to Martin
Luther King, Jr. Avenue; and
WHEREAS, the City Commission desires to change the name as requested, in
honor of Martin Luther King, Jr.; now. therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Greenwood Avenue, located between Harbor Drive and Belleair
Road, in the City of Clearwater, as described more particularly in Exhibit "A" attached
hereto, is hereby renamed "Martin Luther King, Jr. Avenue."
Section 2. There shall be a two-year transition period beginning on the date of
adoption of this resolution during which time Greenwood Avenue shall be recognized as
either Greenwood Avenue or Martin Luther King, Jr. Avenue.
Section 3. The City Clerk is hereby directed to record this resolution in the
public records of Pinellas County, Florida.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2002.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
~~-~
Ja C. Hayman - -
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 02-03
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EXHIBIT IIA"
The full width of Greenwood Avenue street right-of-way located between Harbor Drive
on the North and Belleair Road on the South.
Resolution No. 02-03
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PUBLIC WORKS ADMINISTRATION
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Final Agenda Item #
Meeting Date:
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Clearwater City Conlmission
Agenda Cover Memoranduln
Work session Item #:
01/24/02
SUBJECT/RECOMMENDATION: Approve changing the name of Martin Luther King Avenue to
Douglas Avenue and pass Resolution 02-04,
~ and that the appropriate officials be authorized to execute same,
SUMMARY:
.' The City Commission directed staff to draft a resolution renaming Martin Luther King Avenue along its
entire length to Douglas Avenue, the original name of the roadway, in order to permit the renaming of
Greenwood Avenue to Martin Luther King, Jr. Avenue.
. Staff has determined that two residences and two nonresidential uses are addressed on Martin Luther
King Avenue, including the Martin Luther King Recreational Complex.
. The estimated cost to the city to change the street name signs is approximately $250.
. This item has been advertised twice prior to this meeting in accordance with the advertisement
requirements for a street vacation.
Budget
Purchasing
Risk Mgmt
~
N/A
N/A
N/A
Public Works
DCM/ACM '
Other
Originating Dept:
Public Works (/J
Adm inistratioo1ly\./,
Steve Dohe ,/'
User Dept.
N/A
Attachments
Res. 02.04
Exhibit Map
Costs N/A
Total
Reviewed by:
Legal
Info Srvc N/A
Current FY
Funding Source:
CI
OP
Other
Submitted by:
City Manager ~
~~ 4.-
-
Appropriation Code:
Printed on recycled paper
RESOLUTION 02-04 MLK to Douglas
'. , " ." - > ~ ~". . . ! ' . . "
RESOLUTION NO. 02-04
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, CHANGING THE NAME OF MARTIN LUTHER
KING AVENUE, LOCATED BETWEEN RUSSELL AND
PALM BLUFF STREETS, TO DOUGLAS AVENUE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Martin Luther King Avenue is a City street located between Russell
and Palm Bluff Streets; and
WHEREAS, it has been requested that this street name be changed to Douglas
Avenue; and
WHEREAS, Douglas Avenue was the former name of Martin Luther King
Avenue; and
WHEREAS, the City Commission desires to change the name as requested;
now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Martin Luther King Avenue, located between Russell and Palm Bluff
Streets as described more particularly in Exhibit IIA" attached hereto is hereby renamed
"Douglas Avenue."
Section 2. The City Clerk is hereby directed to record this resolution in the public
records of Pinellas County, Florida.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2002.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Resolution No. 02-04
EXHIBIT uA"
The full width of the street right-of-way of Martin Luther King Avenue located between
Russell Street on the North and Palm Sluff Street on the South.
" "
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Resolution No. 02-04
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CITY COMMISSION RESOLUTION
MARTIN LUTHER KING AVE.
TO
DOUGLAS AVENUE
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Clearwater City COlll1l1ission
Agenda Cover Menlorandulll
Work session Item #: PlU -#.1
Final Agenda Item # '1
Meeting Date:
01/24/02
SUBJECT/RECOMMENDATION: Approve changing the name of North Gulfview Boulevard to
Beach Drive and pass Resolution 02-05,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
. The City Commission directed staff to draft a resolution renaming North Gulfview Boulevard to alleviate
confusion tourists may have finding addresses on South Gulfview Boulevard when North Gulfview
Boulevard is only one block in length.
. Staff has drafted a resolution and recommends that North Gulfview Boulevard be renamed as "Beach
Drive."
. Research by staff indicates that three property owners own the property located on either side of the
subject street.
. The estimated cost to the city to change the street name signs for this change is approximately $100.
. This item has been advertised twice prior to this meeting in accordance with the advertisement
requirements for a street vacation.
Reviewed by: Originating Dept: Costs N/A
~
Legal Info Srvc N/A Public Works cr Total
~ Administration 1/1'---
Public Works ~ Steve Doherty
Budget N/A User Dept. Funding Source:
Purchasing N/A DCM/ACM r1i.f N/A Current FY CI
Risk Mgmt N/A Other Attachments OP
Res. 02-05 Other
Submitted by: Exhibit Map
City Manager ~ At.1.-L." ~ Appropriation Code:
o Printed on rec clod a er RESOLUTION 02.05 North Gulfvlew to Beach Dr
y p p
. ,I . ' . ,'.. I' . ~,.; . .' .' , _" .. I. . .'. ~'~.,
RESOLUTION NO. 02-05
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, CHANGING THE NAME OF NORTH GULFVIEW
BOULEVARD, LOCATED BETWEEN BAYMONT AND SAN
MARCO STREETS, TO BEACH DRIVE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, North Gulfview Boulevard is a City street located between Baymont
and San Marco Streets; and
WHEREAS, it has been requested that this street name be changed to Beach
Drive; and
WHEREAS, the City Commission desires to change the name as requested;
now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. North Gulfview Boulevard, located between Baymont and San Marco
Streets, as described more particularly in Exhibit "A" attached hereto, is hereby
renamed "Beach Drive."
Section 2. The City Clerk is hereby directed to record this resolution in the public
records of Pinellas County, Florida.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this
day of
,2002.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Ja~nC ~
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 02-05
EXHIBIT "A"
The full width of the street right-of-way of North Gulfview Boulevard located between
Baymont Street on the North and San Marco Street on the South.
2
Resolution No.
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267A
CITY or CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
CITY COMMISSION RESOLUTION ,Sl~::-03
CHANGE NORTH GULFVIEW BLVLJ~ _I
I
TO lor,
BEACH DRIVE
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.
Clearwater City Commission
Agenda Cover Memoranduln
Work session Item #: Y UJ.Tf I ()
Final Agenda Item # '6
Meeting Date:
01/24/02
SUBJECT/RECOMMENDATION: Approve changing the name of Vanderbuilt Drive to
Vanderbilt Drive and pass Resolution 02-07,
1m and that the appropriate officials be authorized to execute same.
SUMMARY:
. The neighborhood has petitioned the city to change the street name from Vanderbuilt Drive to Vanderbilt
Drive to alleviate any confusion or controversy that may exist regarding the spelling of this streetname.
. Vanderbilt Drive is the platted name of the street on the west side of Old Coachman Road and
Vanderbuilt Drive is the platted name of the street on the east side of Old Coachman Road.
. To alleviate any controversy over the spelling of this street name. staff recommends that the street be
renamed Vanderbilt Drive along its entire length in conformity with the other streets in the neighborhood
named after famous colleges.
. The June 2001 Hill Donnellv Cross Reference Directory for Clearwater and Vicinity lists addresses
spelling the name of the street as "Vanderbilt" exclusively.
. Staff has determined that 24 residences located along the south side of the subject street will be
impacted by this street name change.
. The estimated cost to the city to change the street name signs for this change is approximately $500.
Reviewed by:
Legal
Info Srvc
N/A
Originating Dept:
Public Works f
Administratio~
Steve Dohe
User Dept.
N/A
Attachments
Res. 02-07
Exhibit Map
Costs N/A
Total
Budget
Purchasing
Risl( Mgmt
{);lA-
N/A
N/A
N/A
Public Works .
DCM/ACM
Other
Current FY
Funding Source:
CI
OP
Other
Submitted by:
CltyMsnager ~ ~
Printed on recycled paper
Appropriation Code:
RESOLUTION 02.07 Vanderbuilt Dr to Vanderbilt Or
. ' ..... .. , ,~. '. . ,I " j t . t. . , '.' t" '.. ,,:. ,'. " ': .' f.' , ~ ' '.. ~ . '. t " . .
RESOLUTION NO. 02-07
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, CHANGING THE NAME OF VANDERBUIL T
DRIVE, LOCATED BETWEEN GLENVILLE DRIVE AND
EMORY DRIVE TO VANDERBILT DRIVE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Vanderbuilt Drive is a City street located between Glenville Drive
and Emory Drive; and
WHEREAS, it has been requested that this street name be changed to Vanderbilt
Drive; and
WHEREAS, the City Commission desires to change the name as requested;
now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Vanderbuilt Drive, located between Glenville Drive and Emory Drive,
as described more particularly in Exhibit "A" attached hereto, is hereby renamed
"Vanderbilt Drive."
Section 2. The City Clerk is hereby directed to record this resolution in the public
records of Pine lias County, Florida.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this
day of
, 2002.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Jan . Hayman
Assi tant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 02-07
EXHIBIT lIA"
The full width of the street right-of-way of Vanderbuilt Drive located between Glenville
Drive on the West and Emory Drive on the East.
Resolution No. 02-07
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
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C1 TY COMMISSION RESOLUTION
CHANGE VANDERBUIL T DRIVE
TO
VANDERBIL T DRIVE
IIWlL NIl.
ST _NAME-OS
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OG-29S-16E
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ITEM # 09
r163
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Clearwater City Commission
Agenda Cover Memorandum
WOlk w5<,ion 11('111 II: P (;J if::&-
Fill." AgC'ndd Itt'1l1 1# ___Cj___
MI'l'lillg Dd!t'. 01 /2LI /02
SUBJECT/RECOMMENDA liON: Declare as surplus for the purpose of conveying title to the City of
Clearwater Community Redevelopment Agency ("CRA") a portion of Block 3, MAGNOLIA PARK SUB.,
and portions of Blocks A and B, COACHMAN HEIGHTS SUB., with portions of vacated abutting and
intervening right-of-way, all being more particularly described as "Parcel 2" in EXHIBIT "A", together
with a portion of TACK AND WARREN SUB., and a portion of a vacated alley lying therein, being more
particularly described as "Parcel 3 " in EXHIBIT "A", for the total purchase price of $575,753.11,
[E] and that the appropriate officials be authorized to execute same.
SUMMARY:
· The City purchased the subject properties in 1999 for the Town Pond project utilizing proceeds
from the issuance of the 1999 Storm water Utility Revenue Bonds (Project Number 375-96125).
· Pursuant to a proposed interlocal agreement between the City and the CRA regarding the
Mediterranean Village in the Park, the CRA intends to purchase the property from the City
before February 28, 2002.
. The proposed Development Agreement between the CRA and Balk requires the eRA to sell the
subject property to Balk for the construction of Phase III of the planned Mediterranean Village in
the Park townhouse development.
. The. purchase price wi II reimburse Stormwater Uti lity for its full investment in these parcels.
. The sale proceeds will accrue in and be used toward completion of the Town Pond project in
the '99 Stormwater Bond Construction Fund (375-96125). The sale proceeds will be recorded as
revenue from the issuance of the '99 Stormwater Revenue Bonds (revenue code 000180) in the
project.
Info Srvc NA
Public Works ./I.;!{:j
DCM/ACM ~
Other /. ~V
Originating Dept: 4;1;
Public Works (E. Barrett)
User Dept.
Costs
Total
NA
Reviewed by: lilA
Legal ~
Budget ...:v.:.
Purchasing \..blA
Risk Mgmt NA
Funding Source:
CI
Of>
Other
Current FY
Attachments
A COPY OF E)(ttIBIT "A".IS
AVAILABLE FOR REVIEW IN
THE CITY CI.ERK'S OFFICE
Submitted by: 'D.. 1
City Manager ~ ~
[g] None
Apprupri,'liol\ (ode:
..
~i.1 Printed on recycled paper [CITY.CRA PROP TRANS AGN 0102 ewh.do(;1
Rl'V. 2fl>f1
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PWJ-
Parcel 2
EXHIBIT" A"
(Page 1 of 4)
Begin at the Northwest comer of Lot 5, Block 3, Magnolia Park, as recorded in Plat Book
1, Page 70, of the Public Records of Hills borough County, Florida, of which Pinellas
County was fonnerly a part, also being a point on the South right of way line of Park
Street; thence N89057' 12"E, along said South right of way line of Park Street, 33.58 feet;
thence leaving said South right of way line of Park Street, NOoo02'48"W, 29.37 feet;
thence N89057' 12"E, 46.67 feet; thence SOoo02'48"E, 29.37 feet, to a point of
intersection of the East right of way line of Ewing Avenue and said South right of way
line of Park Street; thence SOOO 17'56"E, along said East right of way line of Ewing
Avenue, 65.30 feet to a point on the centerline of a vacated alley as recorded in O.R.
Book 6228, Page 1131, of said Public Records; thence N89057' 12"E, along said
centerline, 139.40 feet; thence SOOo 16'17"E, 199.70 feet, to the North right of way line of
Pierce Street; thence S89057' 12"W, along the said North right of way line of Pierce
Street, 179.76 feet to the intersection of the West right of way line of Ewing Avenue,
thence NOo020'23"W, along the said East right of way line of Ewing Avenue, 36.45 feet;
thence S840I0'05"W, 57.03 feet, thence N05049'55"W, 126.00 feet; thence
N23029'22"W, 8.83 feet, thence S66030'38"W, 4.40 feet; thence N23029'22"W, 126.00
feet; thence N66030'38"E, 46.6Tfeet; thence S23029'22"E, 34.41 feet to a point on the
said South right of way line of Park Street; thence N89057' 12"W along said South right
of way line of Park Street, 30.12 feet to the point of beginning. (containing 59327.88
S.F., M.O.L.)
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EXHIBIT "A"
(Page 3 of 4)
Begin at the Northwest conlcr of Lot 9, Tack and Warren Subdivision, as recorded in Plat
Book 21, Page 48, of the Public Records of Pinellas County, Florida, also being a point
on the South right of way line of Park Street; thence N89057' 12"E along said South right
of way line, 160.00 feet; to the N0l1heast comer of Lot 11, of said Tack and \Varren
Subdivision, also being a point on the West right of way line of Prospect A venue; thence
SOoo17'56"E, along said West right of way line of Prospect Avenue, 110.00 feet, to the
Southeast comer of said Lot 11; thence S89057' 12"W, 110.00 feet to the Southwest
comer of Lot 10 of said Tack and Warren Subdivision; thence SOool7'56"E, 10.00 feet;
to a point on the centerline of a vacated alley as recorded in O.R. Book 4616, page 1440,
of said Public Records; thence S89057' 12"W, along said centerline, 50.00 feet; thence
NOoo17'56"W, 10.00 feet, to the Southwest comer of said Lot 9; thence continue
NOoo17'56"W along the West line of said Lot 9, 110.00 feet to the point of beginning.
(containing 18100.18 S.F., M.O.L.)
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.Jl;--f' dJ 10
ORDINANCE NO. 6930-02
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE NORTHERLY 3 FEET OF THE
10-FOOT DRAINAGE AND UTILITY EASEMENT LYING
ALONG THE SOUTH PROPERTY LINE OF LOT 10, BLOCK
B, NORTHWOOD ESTATES TRACT C; PROVIDING AN
EFFECTIVE DATE.
WHEREAS. Curtis L. Hook and Betty V. Hook, owner of real property located in
the City of Clearwater, has requested that the City vacate the drainage and utility
easement depicted in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
Northerly 3 feet of the 10-foot drainage and utility easement lying along the
south property line of Lot 10, Block B. Northwood Estates Tract C, as
recorded in Plat Book 75. Page 65, Public Records of Pinellas County, FL
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The. City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately. upon adoption.
PASSED ON FIRST READING
January 10, 2002
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
~j?~.-
ane C. Hayma
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6930-02
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EXHIBIT "A"
~ Vacatio Requ
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CASCADE
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CITY or CLEARWATER, FLORIIJA
PUBLIC WORKS AO.,.INISTRATION
ENGINEERING
VACA TION REOUEST
HOOK ltOlfT
J089 CASCADE DRIVE . 2 OF 5
0<11\ l(cr.llI5I'.-.c;
12/04/2001 NORTHWOOO ESTATES TRT. .C" 29-28S-16[
2228 LOT 10 BLK:S- P.B. 75 Po. 65 5930':12
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Clearwater City Commission
Agenda Cover Memorandum
Work Session Item II: P tJ if: I
Final Agenda Item It , ~~
Meeting Date: 01-24-02
SUBJECTIRECOMMENDA TION:
Approve an agreement between DISTRICT BOARD OF TRUSTEE OF ST. PETERSBURG COLLEGE,
FLORIDA and the CITY OF CLEARWATER, FLORIDA for cash match funding of $40,500 for January 1,
2002 - December 31, 2002 for the AmeriCorps - Pinellas Project for support of membership
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
. AmeriCorps - Pinellas is designed to foster citizen responsibility, build neighborhood unity and
provide educational opportunities.
. AmeriCorps members are assigned to one of the Corp's partnering law enforcement agencies and
each member provides 1,700 hours, annually, working hand-in-hand with community police officers.
In return, the member receives such benefits as an annual living allowance of $9,300, health
insurance, child care and a $4,725 educational award.
. The participating law enforcement agencies benefit from the member's assistance with community
policing efforts, and the opportunity to mentor and mold the police officers of the future. 15 of the
26 full time, and 4 of the 8 part time AmeriCorps members will be assigned to the Clearwater
component of the project.
. Targeted neighborhoods benefit from receiving 20,000 hours annually of direct public-safety related
services.
. The AmeriCorps - Pinellas project began in 1994 and the Police Department is looking forward to an
eighth rewarding year in this program.
. Funding for the AmeriCorps Grant is provided by the Corporation for National Service through the
Florida Commission on Community Service. AmeriCorps - Pinellas is administered by S1. Petersburg
College Southeastern Public Safety Institute, and works in conjunction with the Clearwater Police
Department, the St. Petersburg Police Department and the Pinellas County Sheriff's Office.
. Funding for the cash match is available in Special project 181-99489-582000-521-000, AmeriCorps
Project N UCOPS.
. A copy of the Agreement is available for review in the City Clerk's Department.
Legal
Budget
Purchasing
Risk Mgrnl
~
Info Srvc
Ori~inatingRefltl 1/[1,
Pohce~.~ Il./~
Prepared by: Sherry Hunt
User Dcpt._ /) I'
Police_______{<A-' K (j' ~
Attachments
Costs
Reviewed by:
N/A
N/A
NA
Public Works NA
DCNV^CM~
Other / ~~
Total
$40,500
Current FY
$40,500
Funding Source:
CI
OP
Other Sp. Pro;
Submitted by:
City Man.lger
1!.JJ JJ.~~
[BJ None
Appropriatiun Code:
181-99489-530300-521-000
Printed on recycled paper
Rev. 2/98
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,
PARTICIPATING AGENCY AGREEMENT
This agreement is enacted between the BOARD OF TRUSTEES OF ST. PETERSBURG
COLLEGE, FLORIDA, P. O. Box 13489, St. Petersburg, Florida, 33733, hereinafter
referred to as the "Board," and the CITY OF CLEARWATER, Florida, on behalf of the
CLEARWATER POLICE DEPARTMENT, 645 Pierce Street, Clearwater, Florida
33756, hereinafter referred to as "CPD."
Whereas, the Board's Southeastern Public Safety Institute has received a grant from the
Corporation for National and Community Service through the Florida Commission on
Community Service for the AmeriCorps Pinellas Program, and;
1) CPO has agreed to support the AmeriCorps Program in Pinellas County through
the implementation of program objectives to promote public safety, community
involvement and AmeriCorps member development;
2) The Corporation for National and Community Service requires a cash match from
the grantee on certain budget categories. This includes costs associated with
AmeriCorps members' living allowances, FICA contributions, mandated health
and liability insurance and worker's compensation contributions. (15 of the 26
full time, and 4 of the 8 part time AmeriCorps members will be assigned to the
Clearwater component of the project.) The total cost for these budget categories
is $287,861. CPO has made a commitment to provide $40,500 toward the cash
match requirement for FY 2002 (January 1, 2002 - December 31, 2002). See
attached letter of commitment, attached hereto as Exhibit A. In addition, the City
of Clearwater will provide automobile liability protection to the AmeriCorps
members who are assigned to and participate in the AmeriCorps Program on
behalf of the City of Clearwater while operating motor vehicles as part of their
assigned duties with the City of Clearwater Police Department to the extent
pennitted by 768.28, Florida Statutes.
Under the terms of this agreement, in addition to providing $40,500 in cash match, the
CPD will donate office space, supplies, and furniture for the Project Activities Specialist,
a Board grant-funded employee; the use of departmental vehicles for accomplishing
program tasks, and will allow for a minimwn of three hours per week of mentoring by
police officers per AmeriCorps member for the duration of this project. The CPD will
also designate a liaison, who will act as an administrative link to the program and serve
on the AmeriCorps Pinellas Advisory Board.
The Board will be responsible for the overall administration and fiscal responsibility of
the AmeriCorps project and will provide, through grant funds, one AmeriCorps Project
Activities Specialist to be housed at the CPD to manage the activities of the AmeriCorps
members, and coordinate with CPD personnel and the Board's other AmeriCorps project
staff.
The cash match must be provided to the Board within 30 days of the full execution of this
agreement.
Neither party will discriminate in its employment practices or its admission or treatment
of students on the basis of race, color, religion, age, sex, marital status or national origin
nor will either discriminate against any qualified individual with a disability. CPD and
the Board recognize that sexual harassment constitutes discrimination on the basis of sex.
This agreement is contingent upon federal funding and is subject to the terms and
provisions of the AmeriCorps Florida, Sub-grant contract between the Board and
Tallahassee Community College (fiscal Agent for) Florida Commission on Community
Service, effective January 1, 2002, a copy of which is attached hereto as Exhibit B. The
parties hereto agree to be bound by and comply with the terms and provisions of said
Contract in the perfonnance of their respective duties hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the dates hereinafter stated.
Witnesses as to the Board
BOARD OF TRUSTEES OF
ST. PETERSBURG COLLEGE,
FLORIDA
BY:
Carl M. Kuttler, Jr.
College President & Secretary,
Board of Trustees
Date:
Witnesses as to the City of Clearwater
CITY OF CLEARWATER,
CLEARWATER POLICE
DEPARTMENT
BY: ~":--I /~'
Sid Klein ~
Chief of Police
1'-/.11/ e.7/
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Date:
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Countersigned:
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst
Mayor-Commissioner
William B. Horne II
City Manager
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
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EXHIBIT A
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CLEARWATER
POST OFFICE Box 4748, C1.EAR\t'.-\TER, FLORIDA 33758-4748
CLEARWATER POUCE DEPART~IE~T, 645 PIERCE STREET, CLE.ARWATER, F1.0RlDA 33-;"56
TEl.EPHO~E (721) 562-4336
OFFICE OF THE CHIEF
Of PoueE
February 6, 2001
Mr. James C. Brock
Southeastern Public Saiety Institute
St. Petersburg Junior College
P.O. Box 13489
St. Petersburg,'Florida 33733
Dear Mr, Brock:
This letter is written to express the City of Clearwater's support for and commitment to the
continuation of the ArneriCorps Pinellas Project in Clearwater.
The AmeriCorps program has had a very positive impact in Clearwater, as well as in the lives of
the Clearwater ArneriCorps participants. Through the efforts of the program, several
neighborhood clean-up days have been coordinated. Security surveys by participants also led
to the installation of locks and house numbers on many community homes. AmeriCorps
members also deliver and install many smoke alarms throughout their assigned
neighborhoods, and act as mentors and assistants in an intergenerational program at
Clearwater's community policing substations.
SRK/ ka
BRIAN J. At.:r\GST, ~LWOK.Cml~I1SSI0r\F.R
j.B. JOHNSON, VICE M..WOK.COr.I.\lISSIONER
Eo f-Wrr, COMMISSIONF.R
@
BOil Cl.\RK, Cml~l1s:-;IO~ER
En HOOPEH, Co.\I,\lISSIOI\ER
This program is a win-win for all involved. The targeted neighborhoods receive over 20,000
hours annually of direct public-saiety related services while the program helps to develop a
cadre of educationally and experientially qualified police applicants. The ArneriCorps members,
by virtue of their term of service working with community policing officers, become familiar with
neighborhood residents and their problems and needs. .
To participate in this program, the City of Clearwater Police Department commits to a matching
share of $40,500 for the AmeriCorps project for FY 2002. The department also commits to
assisting in the development of recruitment strategies to employ interested participants and to
give consideration to hiring participants who, at the completion of the AmeriCorps program. are
certifiable as law enforcement officers, as openings occur. The department will also continue
its efforts for AmeriCorps members in training and mentoring.
The Clearwater Police Department is looking forward to another rewarding year in this exciting
AmeriCorps program.
Sincerely,
S;:~/~
SID KLEIN
Chief of Police
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EXHIBIT B
Florida Commission on Community Service
2001-2002 STANDARD CONTRACT
Contract AC02-04
This agreement is made BETWEEN
The Florida Commission on Community Service
444 Appleyard Drive
Tallahassee, Florida 32304
referred to herein as the "Commission-
AND
St. Petersburg College
3200 34th Street South
St. Petersbu rg, Florida 33711
referred to herein as the "Provider"
In consideration of the initial or continued contracted services by the Commission and of the advantages and benefits
received by the Provider by virtue of such relationship, the receipt and adequacy of all of which considerations are hereby
acknowledged, now therefore, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as
follows:
I. PROVIDER AGREEMENTS ' . .
A. Compliance. .. .
1. The Provider is responsible to comply with the compliance requirements applicable to CFDA # 94.006
Federal Programs.
2. The Provider agrees to educate staff, partners and members and adhere to policies regarding
prohibited activities of members in accordance with the AmeriCorps Provisions (Attachment IV).
3. The Provider will rectify all deficiencies identified by the Commission in writing within the time period
set forth or all future reimbursements will be withheld until the deficiencies are corrected.
B. AmeriCorps Provisions. The Provider agrees to conduct all program activities in compliance with the
National and Community SelVice Trust Act of 1993, the Corporation for National Service, AmeriCorps
Provisions (Attachment IV).
C. Services. The Provider agrees to provide services according to the conditions specified in Attachment I.
D. Quality Assurance
1. The Provider agrees to provide progress reports as required by the Florida Commission on Community
Service and the Corporation for National Service.
2. The Provider agrees to permit persons duly authorized by the Commission to inspect any records,
papers, documents, facilities, goods and services of the Provider that are relevant to this contract,
and/or to interview any clients, employees, volunteers, or any oUler parties affiliated with the Provider
to be assured of satisfactory performance of the terms and conditions of this contract.
3. The Provider agrees to implement and participate in technical assistance, external and self-
assessment quality assurance reviews, and other continuous improvement activities related to the
services specified in this contract as required by the Commission. Following any quality
assurance/continuous improvement review, the Commission will deliver in a timely fashion to the
Provider a written report with comments and recommendations regarding the manner in which services
are being provided. The Provider will provide a written report detailing how all noted deficiencies were
. corrected, an acceptable justification for not correcting the deficiencies, or provide an action plan within
the time period set forth.
4. The Provider agrees to facilitate on-site technical assistance and quality assurance visits by
Commission staff or consultants.
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5. The Provider agrees to attend the first available Program Director Orientation for new Program
Directors only, each quarterly Program Director Meeting during the contract period, one (1) Disability
Inclusion training sponsored by the Commission and one (1) Disability Inclusion training during the
quarterly Program Director Meeting.
E. Audits and Records.
1. The Provider agrees to maintain books, records and documents (including electronic storage media) in
accordance with generally accepted accounting principles and practices which sufficiently and properly
reflect all revenues and expenditures of funds related to this grant.
2. The Provider agrees to assure that these records will be subject, at all reasonable times, to inspection.
review or audit by Commission personnel and/or individuals authorized by the Commission.
3. The Provider agrees to maintain and file with the Commission such progress, fiscal and inventory
reports and other reports the Commission may reasonably require within the period of this contract.
4. The Provider agrees to provide the Commission financial and compliance audits of the Provider with
the management letter, within ninety (90) days of the end of the Provider's fiscal year and to ensure
that all related party transactions are disclosed to the auditor.
5. The Provider agrees to include these aforementioned audit and record keeping requirements in all
approved agreements entered into by the Provider for any otl1er subcontracted services ;n the amount
of $25.000 or greater. The Provider further agrees that any and all subcontracts will be approved in
writing by the Commission prior to execution of such subcontract(s).
F. Documentation.
1. The Provider agrees to maintain financial records of fees or other compensation for services or
expenses in sufficient detail for a proper audit. "
2. The Provider agrees to maintain records of deliv~r.abl~s, indtJding reports and program and participant
data. .: ,": --
3. The Provider agrees to comply with the criteria and final date by which such criteria must be met for
completion of this contract.
4. The Provider agrees to allow public access to all documents, papers. letters, or other materials subject
to the provisions of Chapter 119, F.S. and made or received by the Provider in conjunction with this
contract. The Provider's refusal to comply with this provision will constitute a breach of contract.
G. Retention of Records.
1. The Provider agrees to retain all client records, financial records. supporting documents, statistical
records, and any other documents (including electronic storage media) pertinent to this contract for a
period of five (5) years after termination of this contract, or if an audit has been initiated and the audit
findings have not been resolved at the end of five (5) years, the records shall be retained until
resolution of the audit findings.
2. The Provider agrees to provide full access and the right to examine any and all of the records and
documents to Commission staff or persons duly authorized by the Commission during the retention
period or as long as records are retained. whichever is later.
H. Safeguarding Information. The Provider agrees not to use or disclose information concerning a recipient
of services under this contract for any purpose not in conformity with the state regulations and federal
regulations (45 CFR, Part 205.50), except upon written consent of the recipient, or the recipient's
responsible parent or guardian when authorized by law.
I. Budget. Both a budget and budget narrative for the delivery of services described in this contract are
provided in Attachment II.
J. Budget Revisions.
1. The Provider must obtain prior written approval of the Commission before deviating from the approved
budget in any of the following ways.
a) Any revision in excess of ten percent (10%) of the original contract amount.
b) Revisions to Category A,
c) Reduction in "Training and Education- provided to members,
d) Purchases of equipment over $500.
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11/27/01
e) Specific Costs requiring prior approval before incurrence as stated in OMS Circulars A-21, A-
87, or A-122.
2. Any budget revisions not listed above do not require prior written approval. The Commission must be
notified of all changes and the purposes of changes to the budget. The Commission reserves the right
to disallow any revisions.
3. Budgetary changes that exceed ten percent (10%) of the original contract amount require an executed
formal contract amendment prior to the change using Attachment III.
K. Matching Requirements. The Provider agrees to obtain matching funds and "in-kind" matching resources
and assume program costs consistent with the guidelines specified by the Commission and described in
Attachment I.
L. Financial Reports.
1. The Provider agrees to submit to the Commission monthly financial reports. In the event that the
Provider or its auditor discovers an overpayment has been made, the Provider will repay the
overpayment within thirty (30) calendar days without prior notification from the Commission. In the
event the Commission first discovers an overpayment has been made, the Commission will notify the
Provider in writing of such finding and will request repayment of the overpayment within a reasonable
period of time, generally thirty (30) calendar days unless extenuating circumstances are deemed to
exist by the Commission.
2. The Provider agrees to disclose on an individual basis the exact amount of contract funding used to
compensate each employee or other individuals associated with this contract.
M. Final Invoice. The Provider agrees to submit a FINAL REPORT OF EXPENDITURES and a final invoice
for payment within forty-five (45) calendar days after the ending date of this contract or the date of.GQntract
termination, whichever is earlier. The final report will include expenditures for all line items specified in this
contract (Attachment II). If the Provider fails to submit the final invoice and final report of expenditures
within the specified time, all rights to payment are forfeited.
N. Evaluation. The Provider agrees to participate in evaluation or research activities as requested by the
Commission. As a part of ongoing cooperation with the Commission to evaluate and continuously improve
the services to be delivered by the Provider, the Provider will:
1. Make available upon request by the Commission or its consultant any and all records, documents, staff
and participants;
2. Utilize any uniform data collection system developed by the Commission or its consultant;
3. Collect participant and program data, including at a minimum. demographic, service utilization,
outcome and follow-up information as requested by the Commission or its consultant and provide it in a
timely fashion in a format specified by tile Commission or its Consultant;
4. Facilitate contact with community agencies and lor individuals for the Commission or its consultant;
5. Participate in work groups designing the evaluation and research strategy(ies) and instruments; and
participate in training activities related to the evaluation activities.
O. Assignments and Subcontracts. The Provider agrees not to assign responsibility of this contract to
another party or to subcontract any portion of the work contemplated under this contract without prior
written approval of the Commission. No such approval by the Commission will be deemed in any manner
to provide for the incurrence of any obligation of the Commission in addition to the total dollar amount
agreed upon in this contract. All such assignments or subcontracts will be subject to the tenns and
conditions of this contract and to any conditions of approval that the Commission may deem necessary.
P. Indemnification. 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 provision of Section 768.28 Florida Statute.
Q. Insurance. The Provider agrees to provide adequate liability insurance coverage on a comprehensive
basis and to hold such liability insurance at all times during the existence of this contract. The Provider
accepts full responsibility for identifying and determining the type(s) and extent of liability insurance
necessary to provide reasonable financial protection for the Provider and the clients to be served under this
11/27/01
30f6
contract. Upon execution of the contract, the Provider will furnish the Commission with written verification
supporting both the determination and existence of such liability insurance coverage.
R. Property. The Provider agrees to submit a current inventory list of all property (Le. equipment and
furniture) with a purchase price of $500.00 or more bought with funds provided through this contract. This
property listing must include a description of the property, model number, serial number, date of acquisition,
cost, inventory number and information on the location, condition, transfer, replacement or disposition of
the property. The Commission reserves the right to retrieve, upon termination of this contract, any and all
equipment and furniture purchased with funds provided through this contract, or to receive repayment for
funds provided through this contract used in the purchase or any portion of such equipment or furniture.
S. Incident Reporting. In compliance with Chapter 45, F.S. an employee or agent of the Provider who knows,
or has reasonable cause to suspect that a child, elder, or adult with a disability is or has been abused,
neglected or exploited, shall immediately report such knowledge or suspicion to the abuse registry operated
by the Florida Department of Children and Families on the single statewide toll-free telephone number, 1-
800-96-ABUSE (800-962-2873).
T. Civil Rights Requirements. The Provider herewith provides assurances of compliance with all state and
federal statutes, regulations, guidelines, and standards that promote the inclusion of individuals with
disabilities by advancing program accessibility and prohibiting discrimination on the basis of race, color,
creed, national origin, sex, age, disability, political affiliation or religious beliefs. The Provider agrees that
compliance with this assurance constitutes a condition of continued receipt of or benefit from funds
provided through this contract and that it is binding upon the Provider, its successors, transferees, and
assignees for the period during which services are provided. The Provider further assures that all
subcontractors or others with whom it arranges to provide services or benefits to participants or employees
in connection with any of its programs and activities are not discriminated against. ," ".
U. Lobbying.
1. The Provider agrees to comply with the Provisions of s. 216.347, F.S. that prohibit the expenditure of
these contract funds for the purpose of lobbying the Legislature, Congress, judicial branch or a state
agency. .
2. The Provider shall comply with the provisions of the Hatch Act (5 USA 1501-1508 and 7324-7328) that
limits the political activities of employees whose principal employment activities are funded in whole or
in part with Federal funds.
V. Sponsorship
1. The Provider agrees to, in publicizing, advertising, or describing the sponsorship of a program funded
wholly or in part by the Commission, state 'Sponsored by St. Petersburg College and the Florida
Commission on Community Service'. If the sponsorship reference is in written material, the words
'Florida Commission on Community Service' shall appear in the same size letter or type as the name
of the Provider.
2. The Provider agrees to incorporate the Commission logo as appropriate on all letterhead, brochures,
newsletters, business cards, stationery, posters, flyers, and other written and pictorial communication
media for all programs funded wholly or in part by the Commission.
3. The Provider agrees to notify the Communications Director of the Commission as possible when
engaging in contact with the media; and to provide the Commission's tag line to all media contacts for
all programs funded wholly or in part by the Commission.
W. Purchasing, Procurement of Materials with Recycled Content. The Provider agrees that any products
or materials that are the subject or are required to carry out this contract shall be procured in accordance
with the provisions of 5.403.7065 and 287.045, F.S.
X. Conflict of Interest. The Provider shall affirm that neither the Provider nor any of its directors, officers,
members or employees has any interest nor shall acquire any interest, directly or indirectly, which would
conflict in any manner or degree with performance of the service hereunder. The Provider further agrees
that in the performance of the service, no person having such interest shall be employed by the Provider.
Y. Nepotism. No person may hold a job or position with the Provider over which a member of hisfher
immediate family exercises supeNisory authority. A member of an immediate family includes: husband,
40f6
11/27/01
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wife, father, father-in-law, mother, mother-in-law, brother, brother.in-Iaw, sister, sister-in-law, son, son-in-
law, daughter. daughter-in-law and separated spouses.
II. COMMISSION AGREEMENTS
A. Contract Funding Amount. The maximum amount payable under this agreement is $358,881.
B. Type of Contract. This will be a cost reimbursement contract. Payment for the contracted services will be
contingent upon the documented allowable expenditures for the specified contract period. The
Commission's performance and obligation to pay for services rendered under this contract is contingent
upon available funding from the Corporation for National Service and the State of Florida.
C. Reimbursements. Reimbursement requests (FSR. Periodic Expense Report and Income Report) should
be received the following month after expenses are incurred. Reports received after the 20111 of the month
will not be processed until the following month. If circumstances occur delaying the reimbursement request
an explanation should be sent to the Commission before the end of the month the reimbursement request
is due.
D. Technical Assistance. The Commission agrees to provide or assist the Provider in obtaining technical
assistance and training as needed by the Provider for this contract.
III. PROVIDER AND COMMISSION MUTUAL AGREEMENTS
A. Effective and Ending Dates. The contract shall begin January 1,2002 and end December 31, 2002.
B. Contract Amendments. All contract amendments will utilize the format of Attachment III and must be
signed by the Commission, Tallahassee Community College and the Provider.
C. Termination.
1. Termination at Will. This: contract may be terminated by either party upon no less than thirty (30)
calendar days notice in writing, without cause, unless both parties mutually agree upon a lesser time.
Said notice shall be delivered by certified mail. return receipt requested, or in person with proof of
delivery .
2. Tennination Because of Lack of Funds. In the event funds to finance this contract become
unavailable, the Commission may terminate the contract upon no less than twenty-four (24) houiS
notice in writing to the Provider. Said notice shall be delivered by certified mail, return receipt
requested or in person with proof of delivery. The Commission shall be the final authority as to the
. availability of funds.
3. Termination for Breach. This contract may be terminated for non-performance by the Provider upon
no less than twenty-four (24) hours notice. If applicable, the Commission may employ the default
provision in Chapter 60A-1.006(3). FAC. Waiver of breach of any provisions of this contract shall not
be deemed to be a waiver of any other breach and shall not be construed to be a modification of the
terms of this contract. The provisions herein do not limit the Commission's right to remedies at law or
to damages.
D. Notice and Contacl
1. The name. address and telephone number of the program consultant for the Commission for the
contract is:
Vera Jones
444 Appleyard Drive
Tallahassee, FL 32304
(850) 921-5172
2. The name, address, and telephone number of the representative for the Provider responsible for the
administration of the program under this contract is:
Lawrence Moose
3200 34th Street South
51. Petersburg, FL 33711
(727) 341-4493
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11/27/01
3. In the event that different representatives are designated by either party after execution of this contract,
notice of the name, address and telephone number of the new representative will be rendered in writing
to the other party and said notification attached to originals of this contract.
E. Copyrights and Right to Data. Where activities supported by this contract produce original writings,
sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar
nature, the Commission has the right to use, duplicate and disclose such materials in whole or in part, in
any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so.
If the materials so developed are subject to copyright. trademark, or patent, legal title and every right,
interest, claim, or demand of any kind in and to any patent, trademark or copyright or application for the
same. will vest in the Commission for the exclusive use and benefit of the state. No person, firm or
corporation, including the Provider, shall be entitled to use the copyright. patent or trademark without the
written consent of the Commission.
F. All terms and Conditions Included. This contract and its attachments as referenced below contain all the
terms and conditions agreed upon by the parties.
Attachment I - General Contract Provisions
Attachment 1/ - Budget and Budget Narrative
Attachment 111- Contract Amendment Form
Attachment IV - AmeriCorps Provisions
IN WITNESS THEREOF, the parties hereto have caused this contract to be executed by their undersigned officials
as duly authorized.
PROVIDER
Board of Trustees of St. Petersburg College
COMMISSION
Tallahassee Community G911ege
(as fiscal agent for the Commission)
11/27/01
2l~b\\~}.
Signature
Carl M. Kuttler, Jr.
Name
College President & Secretary to
. J,e Board 9i'm;1 ~~
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I
Date
Signed by:
Signed by:
Signature
Signature
Name
Name
Title
Title
Date
Date
APPROVED
AS TO FORJ.?rD CONTENT
COLLEGE ATTrNEY
Approved b'l'--PJ - {
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2001-2002 Attachment I
St. Petersburg College
3200 34th Street South
St. Petersburg, Florida 33711
The Provider, to be commonly referenced as AmeriCorps Pinellas, will utilize AmeriCorps members to
provide an increase in public safety by fostering citizen responsibility and building neighborhood unity while
providing, educational opportunities for members.
I. GENERAL CONTRACT PROVISIONS
A. Staff Recruitment and Responsibilities
1. Prior to direct service involvement, as appropriate or required by law and in
accordance with the AmeriCorps Provisions, all staff that has substantial direct contact
with children, who perform service in the homes of children or individuals considered
vulnerable by the Provider or the Commission, shall conduct criminal record checks as
part of the screening process.
2. Staff positions, duties, responsibilities and the number of staff working in this program'~
may be revised if requested in writing by the provider and approved in writing by the
Commission, provided such revisions do not exceed original budgeted amounts for
staff as described in Attachment II. Revisions that necessitate an increase in the
funds budgeted for staff requires a duly executed contract amendment.
3. The Provider will hire and maintain one (1) Program Coordinator to be responsible for
the supervision of all aspects of the program.
4. The Provider will hire and maintain two (2) Project Activity Specialist, to be responsible
for providing supervision for member activities.
5. The Provider will hire and maintain, one (1) part-time Secretary to be responsible for
providing administrative support to the program coordinator.
6. The Provider will recruit a minimum of two hundred (200) volunteers from the targeted
communities.
B. AmeriCorps Member Recruitment and Responsibilities
1. Prior to direct selVice involvement, as appropriate or required by law and in
accordance with the AmeriCorps Provisions, all members who have substantial direct
contact with children who perfonn service in the homes of children or individuals
considered vulnerable by the Provider or the Commission shall have criminal record
checks as part of the screening process.
2. Recruit a maximum of twenty-six (26) AmeriCorps Members into full-time service
within sixty (60) days of implementation of this contract. Such members may be
recruited locally, statewide, or nationally, as needed and appropriate. The provider will
recruit Members who are representative of the community served. Members will be
provided with a living allowance not to exceed $9,300.00 per term of service.
3. Recruit a minimum of eight (8) members in to part-time service. Such members may
be recruited locally, statewide, or nationally, as needed and appropriate. The Provider
will recruit members that are representative of the racial, ethnic, religious. and political
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11/27/01
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and disability diversity of the community. Members will be provided with an
educational award.
4. According to the National and Community Service Act, service programs shall provide
a description of the manner in which they will insure that persons with disabilities shall
be recruited and selected for participation in programs. Accordingly, providers seeking
funding from the Commission will develop a plan to recruit and retain persons with
disabilities in their program. This plan may include but not be limited to:
a) Use marketing materials specifically designed to recruit members with disabilities;
b) Use public relations materials that contain disability friendly images;
c) Annual mailing to organizations that serve persons with disabilities containing
information about opportunities for individuals with disabilities to serve in the
program;
d) Scheduled presentations to recruit individuals with disabilities at local
organizations who serve persons with disabilities;
e) Scheduled regular meetings with advisory committee members who represent
individuals with disabilities;
f) Strategies for recruiting members with disabilities;
g) Simple surveys to local disability organizations to solicit feedback on efforts to
recruit members with disabilities;
h) Representation from the local disability community on the program's advisory ~"
committee.
5. AmeriCorps Members' position descriptions, duties, and responsibilities will be
delineated in writing outlining the essential and marginal functions of Member
position(s) before recruitment begins. The positions, position descriptions, and
number of Members (including the number of full-time and part-time Members) working
in this program may be revised if requested in writing by the provider and approved in
writing by the Commission, provided such revisions do not exceed original budgeted
amounts for Members as described in Attachment II. Revisions that necessitate an
increase in the funds budgeted for Members require a duly executed contract
amendment.
6. A National Service Enrollment Form must be completed via WBRS for all Members
within two weeks of enrollment of the' Member. The program should keep a hard
copy of the member enrollment form in the member file.
7. A Member Change of Status Form must be completed via WBRS for each Member for
the following conditions within one week of the occurrence of such condition:
a) suspension;
b) ending service early;
c) reinstatement to service;
d) utilization of the Family Medical Leave Act; or
e) transfer to another AmeriCorps program.
8. The Member Change of Status Form must be completed via
WBRS within two weeks of the occurrence of a change in a Member's
status/term .
9. A National Service Trust End of Term of Service/Exit Form must be completed via
WBRS for each Member upon completion of herlhis term of service within two weeks
of the Member's completion of a term of service. The program must keep a hard copy
in the member file.
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11127/01
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C. Volunteer Recruitment and Responsibilities
1. Prior to direct service involvement, as appropriate or required by law and in
accordance with the AmeriCorps Provisions, all volunteers who have substantial direct
contact with children, who perform service in the homes of children or individuals
considered vulnerable by the Provider or the Commission shall be subject to a criminal
record checks as part of the screening process.
D. Partnership Development and Site Agreements
1. The Provider may enter into agreements with other private and public organizations in
the targeted communities to cooperate and coordinate the provision of services under
the terms of this contract.
2. Such partnerships may include, but are not limited to, the following agreements:
a) contributions of cash support for the services provided under the terms of this
contract
b) contributions of in-kind support for the services provided under the terms of this
contract.
c) coordination of service activities to prevent duplication of effort;
d) evaluation of service activities, Member development, etc.;
e) fundraising;
f) promotions or public relations; and
g) provision of member supervision and/or service site. .....
3. Agreements with partners to provide Member supervision and/or service sites must be
in writing and include the following items as appropriate:
a) description of services to be provided by Members;
b) designation of person(s) responsible for member supervision and verification of
member service hours;
c) description of prohibited member activities; and
d) other supervision or programmatic responsibilities.
4. The Provider shall include a list of its partner organizations on such materials as may
reasonably accommodate such lists, including ;
a) brochures;
b) flyers;
c) posters; and
d) public service announcements
E. Training and Technical Assistance. Training and/or technical assistance provided to
staff and/or AmeriCorps Members under this contract must be designed to facilitate the
improvement of the services, strengthen the development of the staff and the AmeriCorps
Members, and strengthen the communities in which services are provided. Training and/or
technical assistance may be provided directly by the Provider, a community partner or
other local resources requested from the Commission, or coordinated through the
Commission to be provided by one or more national training and technical assistance
providers funded by the Corporation for National Service, National Service Resource
Center.
1. Staff. The Provider will ensure the provision of training and/or technical assistance to
ensure successful program implementation and operation. Required trainings include;
a) program director orientation;
b) four (4) Quarterty Program Director Meetings; and
30f9
11/27/01
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c) one (1) disability inclusion training sponsored by the Commission and one (1)
disability inclusion training during the Quarterly Program Director Meetings.
Other suggested topics are, but are not limited to;
a) supervisory techniques;
b) AmeriCorps member evaluation;
c) working with the media;
d) AmeriCorps member motivation; and
e) report writing.
2. AmeriCorps Members. The Provider will ensure the provision of training and/or
technical assistance for members. Required trainings include:
a) American Red Cross-certified or comparable CPR and First Aid training; The
Provider will have all members trained or certified in CPR and First Aid.
b) Diversity appreciation;
c) disability awareness and sensitivity.
. Other suggested topics are, but are not limited to:
a) team building;
b) conflict resolution;
c) career development;
d) Life after AmeriCorps.
F. National Service Activities. The Provider will schedule and conduct a minimum of tWO'-..
(2) direct service activities designed for and conducted as part of the Seasons of Service,
the designated national service days by the Corporation of National Service, during the
contract period. One Seasons of Service activity may be included as a Signature Project.
G. Evaluation
1. The Provider will track and document progress made toward accomplishing the
deliverables of this contract.
2. The Provider will conduct a formative evaluation to examine primary stakeholder
satisfaction with the program services, including at a minimum:
a) AmeriCorps members;
b) service recipients; and
c) community residents.
3. The Provider will participate in evaluation and research activities as might be
reasonably requested by the Commission and Corporation for National Service.
H. Reporting
1. All first year AmeriCorps programs are required to complete a monthly report by the
tenth calendar day of each month during the contract period. The Commission
reserves the right to request monthly reports be submitted by any Provider.
2. The Provider will submit Progress reports (via WBRS) in accordance with the
requirements of the Commission and the Corporation for National Service.
II. PROGRAM OBJECTIVES
A. Getting Things Done - Community Service
1. Thirty-four (34) AmeriCorps members will increase code compliance in targeted
neighborhoods through the identification of 300 code violations of which 80% will be
corrected as evidenced by documentation from the code enforcement authorities or
community policing officers.
40f9
11/27/01
2. Thirty.four (34) AmeriCorps Members will increa:-G 400 residents' personal safety, and
home and neighborhood crime prevention knowledge in the targeted AmeriCorps
neighborhoods by providing at least 14 crime prevention/safety workshops on various
appropriate topics, with 80% of the 400 workshops participants reporting an increase
in their knowledge as evidenced by pre/post workshop evaluations administered by
AmeriCorps Pinellas members. At least 7 of the 14 workshops will be directed at
youth, and at least 200 of the total participants will be youth.
3. AmeriCorps Members from all three sub-teams will provide on going support services
such as tutoring, supervision and mentoring to 170 at-risk children in neighborhood
programs (including in and after school programs) so that 75% (136) show an increase
in . resiliency as documented on assessment tools administered at appropriate
intervals.
4. All members assigned to the Pinellas County Sheriff Office (up to 6) will contribute to
the rehabilitation and resiliency of juvenile detainees in the Boot Camp and Transition
Programs by tutoring each class (3 per year, est. 100 juveniles) for at least 2 sessions
per week contributing to an average improvement in their reading and math levels of 1
grade level as evidenced by teacher reports.
5. All members assigned to the Pinellas County Sheriff's Office (up to 6) will provide
instruction in rehabilitative, life skills programming (Project New Attitudes) 2 times a
week to adult inmates of the Pinellas County Jail resulting in 50% of the participants':.
reporting that they benefited from the sessions on participant surveys.
6. Members assigned to the Clearwater Police Department will implement volunteer
safety patrols of area parks and other and other public spaces at least 6 times per
week resulting in a 10% reduction in the public's calls for service in these areas for the
times patrolled as documented by Clearwater Police statistics.
7. AmeriCorps Pinellas members will increase residents/student participation in crime
watch programs throughout target communities resulting in the establishment or revi-
talization of 8 crime watches and the participation of 150 new residents or students.
8. Community service objectives may be revised only with a formal contract amendment.
B. Member Development
1. All thirty-four (34) AmeriCorps members will increase their understanding of the
community by expanding their knowledge of community agencies and their
function/services through service assignments or training demonstrated by testing at
two intervals during the year.
2. All thirty-four (34) AmeriCorps members will be given the opportunity to receive on-
going mentoring from community policing officers, deputies, or school resource officers
so that all who desire such mentoring increase their professional knowledge in the field
per self and mentor evaluation.
3. Member development objectives may be revised only with a formal contract
amendment.
D. Community Strengthening
1. Thirty-four (34) AmeriCorps members will organize six (6) events or projects in
collaboration with other community groups that bring community residents together
and through which 2000 residents are provided safety services or information as
evidenced by support letters from cosponsoring agencies.
2. Thirty-four (34) AmeriCorps members will recruit 200 neighborhood volunteers to serve
a minimum of 1000 hours and identify community leaders from the targeted
11/27/01
50f9
AmeriCorps Pine lias neighborhoods to participate in AmeriCorps initiated community
projects as evidenced by volunteer sign in sheets or rosters.
3. Thirty-four (34) AmeriCorps members will organize. or help coordinate 8 community
service beautification projects as evidenced by photographs of projects sites and/or
thank you letters from beneficiaries.
4. Community strengthening objectives may be revised only with a formal contract
amendment.
III. BUDGET
A. Reporting. The Provider will submit monthly financial reports following the month in which
expenses were incurred during the contract period.
B. Matching Funds and In-Kind Contributions
1. The Provider must provide'the Commission with verification of matching funds (cash)
totaling a minimum of fifteen percent (15%) of the total for AmeriCorps Member costs.
2. The Provider must provide the Commission with verification of matching funds (cash)
and/or in-kind contributions totaling a minimum of thirty-three percent (33%) of the total
for all Member Support costs.
3. The Provider must provide the Commission with verification of matching funds (cash)
and/or in-kind contributions totaling a minimum of fifty percent (50%) of the total for all
other costs.
C. Allowable Costs. The Office of Management and Budget Circular A-122 (Cost Principles ~
for Non-Profit Organizations) or Office of Management and Budget Circular A-87 (Cost
Principles for State, Local and Indian Tribal Governments) and A-102, Uniform
Administrative Requirements for Grants and Agreements with State and Local
Governments as adopted by the Corporation for National and Community Service in 45
CFR part 2541, is used as a guideline to determine the allowability of the following costs:
1. salaries and benefits;
2. travel;
3. operation capital outlay;
4. other direct costs (supplies, postage, copying, telephone, etc.);
5. subscriptions and. applicable periodicals. not to exceed $250 (prior approval by the
contract manager is required for each item); and
6. costs associated with providing reasonable accommodation for people with disabilities.
D. Costs Not Allowed. The following are unallowable expenses for Commission funds
including. but not limited to:
1. cash award to employees or ceremony expenditures;
2. penalty on borrowed funds or statutory violations (or penalty for late payment of taxes);
3. organizational affiliations;
4. fund raising;
5. deferred payments to employees as fringe benefit package;
6. severance pay and unearned leave; and
7. staff overtime.
E. Documentation Needed for Specific Charges Incurred Under a Cost Reimbursement
Contract. The following is a list of fees and compensation for services and expenses
included on invoices. The following backup documentation is required to be kept on file by
the Provider. This documentation must be submitted to the Commission immediately upon
request by the Commission for verification of expenditures.
11/27/01
6of9
. .' . , ' ~ .1' , f " , ' '. '. " \ , . , . ~ '" \.. ,,". \', \ ,
1. Personnel costs - salary reimbursement requests for employees paid on a time/rate
basis must be documented by the time sheet(s) that at a minimum include(s) the
following:
a) time period worked;
b) actual hours worked or on approved leave;
c) type of leave used;
d) method of payment (weekly, biweekly, monthly, etc,);
e) rate of pay for the pay period;
f) number of hours approved for payment per pay period by the contract
g) total salary cost; and
h) signature of the employee and supervisor.
Individual time sheets must be kept for each employee.
2. Payroll registers must at a minimum include:
a) the payroll check number used for this expenditure;
b) the date payment was made; and -
c) a list of fringe benefits. Fringe benefits must have the following documentation
i) requests for reimbursement of federal payroll taxes (FICA) are to be
documented by copies of receipts of deposit from the bank of a copy of
the Federal Quarterly Payroll Tax Form (U.S. 941) plus copies of front
and back of the canceled checks for the payment. . .: :.:.
ii) Other fringe benefits require the invoice, list of participants and cost
for participants paid under this contract (e.g. Worker's Compensation,
Unemployment Compensation, and Health Insurance), and copies of both
sides of the canceled check(s) for payment.
3. Postage and Reproduction Expenses
a) Purchases made from outside vendors must be supported by invoices or receipts.
b) Purchases for all in-house postage '(Le., metered) and reproduction expenses
must be supported by usage logs or similar documentation
4. Expenses. (Office supplies, printing, long distance telephone calls, etc.) A receipt is
required for all expenses of this nature. If rent or lease of space is included, a copy of
the lease will be required as well as the total square footage being charged to the
contract.
IV. Special Provisions
A. Contract Renewals
1. This contract may be renewed on a yearly basis not to exceed one (1) year beyond the
initial contract. Such renewal shall be contingent upon satisfactory perfonnance
evaluations and compliance with prior contracts as detennined by the Commission and
shall be subject to the availability of funds.
2. The Commission prior to execution or implementation of such renewals must approve
the dollar amount and the manner in which the costs for the second and/or third year
renewals will be used.
3. Renewals will require increased matching funds from the Provider according to the
schedule of increasing matching funds requirements determined by the Commission.
The Commission reserves the right to reduce or waive required increases in matching
funds if it determines, in its sole judgment that doing so is in the best interest of the
State of Florida and the programs funded by the Commission.
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11/27/01
~ , . ':,' rt, . ' ",/", ' .. \,' . 1:. ~'.. ~ I " ......... . . , ,~ '. \.' ,.1,. ' ; ~ .... ') , ..." ~ ,:,,'. t .. ,'" . .. ..,.: , .
4. The Provider is responsible for providing a revised AmeriCorps proposal (application)
prior to the signing of a renewal contract. The Commission will formally notify the
Provider of the submission due dales for the renewal proposal, which will include, at a
minimum:
a) documentation of satisfactory performance under this contract;
b) an updated community needs assessment that clearly demonstrates continuing
need for the services to be contracted;
c) documentation of continuing community support for the program;
d) a revised or updated program plan; and
e) a revised or updated budget and budget narrative.
5. Each renewal shall be confirmed in writing with a new contract and shall be subject to
the same terms and conditions set forth in the original contract, unless modified and
agreed upon by both parties.
B. Program Name. The Provider may not change the program name without the prior written
approval of the Commission.
C. Contact Protocol. The primary contact for all matters relating to this program shall be the
Commission staff listed in Section III.D of the Standard Contract, unless otherwise
specified in writing by the Commission. The Commission's primary contact person will
notify the Provider in writing of alternative contacts should he/she not be available.
D. Sustainability. It is understood that the funding provided by the Commission for tliis......
program is .seed money" to be used by the Provider to initiate a program, with the
assistance of the Commission, that will eventually be funded and managed locally with
minimal federal funds or responsibility for the program. To this purpose, the Provider
agrees to make a good faith effort to develop resources that will be applied to the future
operation of this program. Resources that are acquired during the course of this contract
will be reported to the Commission.
E. Disaster Preparedness, Response, Recovery and/or Mitigation. The Corporation for
National Service (under agreement with the Federal Emergency Management Agency)
and the Commission (under agreement with the Florida Department of Community Affairs
. Division of Emergency Management) requires the availability of AmeriCorps Members to be
assigned to provide assistance in disaster preparedness, response, recovery, and/or
mitigation activities. As part of its commitment to community service, the provider agrees to
train its members and staff to assist in disaster preparedness, response, recovery and
mitigation activities. Volunteers working with the program will be given the option to participate
in the training. The types of events that could impact Rorida include hurricanes, tornadoes,
floods, other weather related events and man-made events, such as hazardous materials
accidents. Program members, volunteers, and staff, based on the nature of the program, will
be trained to assist with any of the following activities: community preparedness education,
shelter operations, mass feeding, debris removal, community outreach, and other disaster
recovery related activities. Program members and volunteers may be requested to provide
assistance anywhere in the State of Florida. Provider staff and AmeriCorps Members shall
work under the direction and control of the Provider and shall not be considered volunteers to
FEMA, DCA or DEM for purposes of Chapter 110(1V) F.S. Requests for disaster
preparedness, response, recovery and mitigation assistance will be made on behalf of the
Florida Govemor's State Coordinating Officer through the Commission's Director of
Emergency Management after consulting with the state Corporation for National Service
office disaster coordinator. AJI related activities undertaken by a program will be done in
80f9
11/27/01
"""\~",''': ,~ ....~..' ':".1,:' :'." ,..~.,;:" ,:.
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cooperation with the local office of emergency management. Approved expenses incurred as
a result of provider activities related to disaster preparedness, response, recovery and
mitigation would be reimbursed. According to State of Florida and Federal regulations, non-
profit entities responding in times of disaster may request reimbursement from the Federal
Emergency Management Agency. Up to 75% of eligible expenses may be reimbursed. The
State of Florida, on a disaster specific basis, may cover the remaining 25% of eligible
expenses for private non-profit entities. Providers responding at the request of the State
Coordinating Officer would be eligible for reimbursement of disaster related expenses. The
Commission will fumish the provider with additional information about expenditure
reimbursement. Training costs will not be reimbursable unless arrangements are made in
advance. The Commission has identified low and no cost training opportunities statewide.
Providers may contact the Commission's Director of Emergency Management for specific
training questions and opportunities.
F. Internet Access. The Provider agrees to provide the AmeriCorps Program Internet access
and e-mail capability.
i
~ .
, .., .
,.....,.
90f9
. 11/27/01
..'... " " . , ,,", . , .... .' " ~ ~" ' ,:'
Budget FY 01/02
Attachment"
Grante. Agency: St. Pete~burg Junior College FROM: TO:
PerIod Covered: I 01/01/02 ....U 12131/02 I
Expenses: Commission Recipient Recipiont Total Outlays
Federal Funds Cash In-Kind
Match Match
A. Member Support Costs:
# of Members-FT ~ 174.096 67.704 0 241.800
# of Members-PT 0 0 0 0 0
# of Members-2yr PT 0 0 0 0 0
# of Members-PT no all 8 0 0 0 0
Subtotal 174,096 67,704 0 241,800
FICA (7.65%) 13.318 5.180 0 18,498
Percentage.: 7.&5% 7.65% tOlVlOl
WorKer's Compensation 4,760 1,851 0 6,611
Altemative Health Care 0 0 0 0
AmeriCorps Health Care 15,085 5.867 0 20,952
Other (Specify in Budget Narrative) 0 0 0 0
Subtotal: 207,2591 80,602 I o I 287,861 I
Percentag..: (CNS 1MlC. 8S%) 72"10 28% 0%
(max.85%) (min.15%)
B. Other Member Support Costs:
Training & Education 0 0 3.736 3,736
Other (Specify in Budget Narrative) 0 0 0 0
Subtotal: 0 0 3.736 3,738
Percentages: (CNS maL 57%) 0% 0% 100%
(mu.lS7'llo ) (min.33%)
., ....
C. Staff: ..'.....
Salaries 102.543 0 76,800 179,3043
Benefits 29.737 0 0 29,737
Training 0 0 0 0
Other (Specify in Budget Narrative) 0 0 0 0
Subtotal: 132,280 0 76.800 209,080
Pe~: S3'% 0% 37%
D. Operational:
Travel 750 0 0 750
Corporation Sponsored Meeting 2.000 0 0 2,000
Supplies (Including Service Gear) 1.622 250 7.475 9,347
Local Transporatlon 1.250 1,000 6,881 9,131
Equipment 0 0 1.584 1.534
Other (Specify in Budget Narrative) 3.267 548 16.740 20,555
Subtotal: 8.889 1.798 32.680 43.367
Percont89M: zn. ,% 75%
E. Internal Evaluation I Monitoring: 0 0 0 0
P.~: 101Y1ll1 IelVtol IOlVtol
Subtotal a-E (in dollar amounts) 141.1691 1.7981 113,216/ 256,1831
F. Administration:
Program may not exceed 4% of eNS funds 10,453 0 45.391 55,844
Subtotal: 10,453 0 45.391 55,844
Pe~: 1"' 0% 11%
Total C-F (In dollar amounts) 151,622 I 1,7981 154.871 I 34)8,291 I
Pen::ent.l9..: (CNS max. 50%) 4n 1% 50%
3rd + Year (max.5O%) (min.50%)
Total B-F (In dollar amounts) 151.622 1 1,7981 158,607 I 312.0271
Percentages: ..... 1% 51%
Total A-F (In dollar amounts) 358.881 I 82.400 I 158,607 I Sli9,aaa I
AmeriCorps Pinellas 2002 Budget Narrative (revised with more detail onl)' 5/29/01)
CNS
FUNDS
IN-KJND
~tA TCH
CASH
i\ttA TCH
TOTAL
A_ MEMBER SUPPORT COSTS
I. Living Allowance $174.096
26 stipended Full-time members
( +8 pt. Ed. Award only members)
so
$67.704
$241.800
3. Workers' Compensation $4,760
(Acordia of Ohio rate of$18.25
per month per full.time member and
$9.55 per mo. per part time member)
$0
SO
$5,180
$1.85 I
$18.498
$6,61 1
2. FICA: 7.650/0 $13,318
4. Health Care Insurance. $15,085 $0 $5,867
Federal plan for eligible members
at $ I, 164/year/member.
.We have not budgeted for health care insurance for all members because many
still live at home and are covered by their parent's insurance. Budgeted for 18.
$20,952
,..... .
,. "'..
Subtotal Member Support Costs:
$207,260
$0
S80,602
$287,861
B. OTHER MEMBER COSTS
I. Training and Education
$0
$3,736
$0
$3,736
Curriculum development and orientation training will be provided in-kind by the partner
organizations and others. Based upon actual costs for orientation in 2000.
Classes: Ethics provided by RCPI $255, Intro to Community Policing
provided by RCPI $270, Traffic Direction provided by CPO $294, Stress and time management
provided by RCPI $175, Team Building provided partially SP JC $100, Disability Awareness
provided by SPJC S 1 00, Working withlTutoring Training provided by AmeriCorps Hillsborough
Reads $539, Cultural Diversity provided by Pine lias County Schools S60S, HIV AIDS Awareness
provided by SPJC $200, True ColorslUnderstanding personalities provided by SPJC
$250, CPR provided by peso $548, Conflict Resolution provided by SPPD $400
Grand Total $3..736
Subtotal Other Member Support Costs
$0
S3,736
$0
$3,736
,~.', ',," r" 'r ~ /. . . '," I.,'.'..., .... " ' ,,: ~.,. .1'"1 ,'.t.J '~..~.
CNS
FUNDS
IN-KlND
i\itA TCH
CASH
1'tlA TCH
TOTAL
c. STAFF (Directly Involved in AmeriCorps)
I. Salaries
Project Coord inator: 100% time $35.307 SO SO
(aka Program Director. responsible for the overall administration of the program)
535.307
Project Activities Specialists: $55.908. $0 $0 555,908
2 positions responsible for the direct supervision. assignment and development of 34 members.
Ensure implementation of program objectives within targeted communities. report progress to direct
(I st position at $29, 184. and 2nd position at @26. 724. Salary amounts differ
due to prior work experience and tenure in position.
Secretary 50% of salary S 11,328 $0 SO
(provides clencal support to the program director, shared with another college dept.)
$11,328
Law enforcement officers' time SO $76.800 $0 $76,800
(provide direct guidance/mentor AmeriCorps members for personal and professional developmerK:..
estimate 32 officers x 3 hrslweek x 40 weeks/yr. @ avg.$20 hr. * includes some benefits)
Subtotal Staff Salaries: $102,543 $76,800 $0 S179,343
2. Benefits (29%) of salary)
Project Coordinator $10,239 SO $0 $10,239
Project Activities Specialists $ 16,2 13 SO $0 $16.213
(1 st position at $8,463 and
2nd position at $7,750)
Project Secretary $'" ?g- $Q $0 $3,285
..J._ =>
Subtotal Stafr Benefits:
529,737
so
so
$29,737
Subtotal Staff Training
$0
$0
SO
$0
$0
3. Training for Project Staff
so
so
$0
Subtotal Staff:
5132,280
$76.,800
$0
S209,080
CNS IN-KIND CASH.
FUNDS MATCH MATCH TOTAL
D. OPERATIONAL
I. Travel $750 SO $0 $750
m j leage to PO meetings
& to FCCS for contract negotiations
2. Corporation Sponsored Meetings S2,OOO $0 $0 $2.000
3. Supplies S 1.622 $7.475 $250 $9.347
$500 for pens. pencils, paper & misc. office
supplies and any supplies necessary to
achieve program objectives. Also
includes member uniform materials
at $33 /member CNS rate+C87
4. Local Transportation $1,250 56,881 $1,000 $9.131
Calculated at $.29 per mile, members and staff to project sites and training.
SI,250 is estimated cost of mileage reimbursement to staff based upon FY2000.
$6,881 Based upon FY 2001 in kind invoices from Police Departments.
$1,000 is estimate of cost of member mileage reimbursement for PCSO members where they'::.;
have no access to departmental vehicles for assignments, approx. 50 miles/month/member (6)
Subtotal Internal Evaluation
$0 SO
SO
51,798
so
5. Equipment $0 $1,584 $0 $1.584
Cost of A V equipment use during orientation/pre-service training
A V Equipment @ $6/hr per piece'" 3 pieces (TV.VCR.Overhead Projector)
for room 220 for 8 days (64 hours)= $1.152 and 4 pieces (2 TV and 2 VCR) in Florida Room
for 8hours = $192 + 5 pieces (2TV. 2VCR and 1 Overhead) for Room 219 for 8 hours = $240
6. Other $3.267' $16.740 $548 520,555
Rental/lease of 3 pagers at S 140 year: film development. .
liability insurance covering the program (not the college), printing/duplicating. recruitment advertisi
In kind includes Classroom use for training. figured at:
$10 hour for classroom #220 for 8 hours/ day for 8 days = $640 + $1 O/hr for 8 hours for classroom
#219 =$80 + 1 day use of Florida Room @S200 day = S200 + $32Jday setup/breakdown of rooms
for 10 days = $320; in addition to office space at SPJC and at partner offices
Subtotal Operational:
58,889
S32,680
51,798
543,367
E. INTERNAL EVALUATION
Internal evaluation/monitoring SO $0 $0 .$0
Staff will conduct internal eviluation using tools (survey instruments) developed by paid
evaluator of program 1996-1998. TI A provider will also be used as needed.
Subtotal C - E
S 141.169 5109,480
5252.447
eNS
FUNDS
IN-KlND
MATCH
TOTAL
CASH
MATCH
F. ADl\IlINlSTRA TION
College: Indirect cost recovery S I 0,453 $45.390 0 55.843
3% ofCNS funds will go to the college for indirect costs recovery. The college's actual
indire:ct cost rate as determined by Dept of Education is 30.20/0 of Salaries and Benefits..
The: difference between the the 30.20/0 of salaries and benefits and 30/0 of the eNS
Funds will be considered in kind contribution to the grant.
Also includes 10010 of Project manager's time (Assoc. Provost) for program admin. Based upon
annual salary of$70. 618y thus $7,062 +$1,618 benefits contributed to in-kind AND
501<>> of salary/time and benefits of involved personnel at police deapmnents and Sheriffs Office
for adminstrative support. guidance. clerical (varies by department) Total = S7.214
..., ~ J ".'\ ~(I'.~'<i.,:''':I,.'.H.l~(~\';+-; t'!,....,.....~~ -"
,.., ;..
.
.'
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Attachment III
Amendment #
This amendment is made BETWEEN
The Florida Commission on Community Service
444 Appleyard Drive
Tallahassee, Florida 32304
referred to herein as the "Commi ssion"
AND
St. Petersburg Junior College
3200 34th Street South
St. Petersburg, FL 33711
referred to herein as the "Provider"
amends Contract AC02-04
,
I'
i
1. Section
, Paragraph
is hereby amended to read:
.. .
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2. This amendment shall begin on
been signed by both parties, whichever is later.
, ~r on the date on which the amendment has
3. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to
conform with this amendment.
4. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the
contract.
. S. This amendment and all its attachments are hereby incorporated into and made a part of the above cited contract.
IN WITMESS WHEREOF, the parties hereto have caused this _ page amendment to be executed by their officials thereunto duly
authorized.
Provider
Florida Commission on Community
Service
Signed by:
Tallahassee Community College
(as fiscal agent for the Commission)
Signed by:
Signed by:
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1125101
Attachment IV
AmeriCorps@ Provisions
The AmeriCorps Provisions are binding on the Grantee. By accepting funds under this
Grant, the Grantee agrees to comply with the AmeriCorps Provisions and all applicable
federal statutes, regulations and guidelines. The Grantee agrees to operate the funded
Program in accordance with the approved Grant application and budget, supporting
documents, and other representations made in support of the approved Grant application.
The Grantee agrees to include in all sub grants the applicable terms and conditions contained
in this award.
Fin:sl June !S. 200 I
Paae
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3
6 " .
6 '"'......
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6
7
7
8
9
11
14
16
18
19
24
24
26
26
27
29
30
30
30
3l
31
33
34
3S
3S
36
'.
For the purposes of these Provisions, AmeriCorps refers to AmeriCorps*State,
AmeriCorps*National and AmeriCorps*Tribes and Territories Programs only.
All applicable Provisions of the Grant including regulations and o:tvrn circulars that are
incorporated by reference shall apply to any Grantee, sub-Grantee, or other organization
carrying out activities under this award.
A_ DEFINITIONS
B_ AlVIERICORPS SPECIAL PROVISIONS
1. Purpose of Award
2. ArneriCorps Affiliations
3. Local and State Consultations
4. Prohibited Program Activities
5. Fund Raising
6. Member Eligibility, Recruitment) and Selection
7. Member Training, Supervision, and Support
8. Terms of Service
9. Release from Participation
10. Minor Disciplinary Actions
11. Living Allowances) In-Service Benefits, and Taxes
12. Post-Service Education Awards
13. Matching Requirements
14. Member Records and Confidentiality
15. Budget and Programmatic Changes
16. Reporting Requirements
17. Grant Period and Incremental Funding
c. GENERAL PROVISIONS
18. Legislative and Regulatory Authority
19. Other Applicable Statutory and Administrative Provisions
20. Responsibilities under Grant Administration
21. Financial Management Provisions
22. Administrative Costs
23. Equipment and Supply Costs
24. Project Income
25. Payments under the Award
26. Retention of Records
Clearwater City Commission
Agenda Cover Memorandum
Work session Item II: y uJ ~I
Final Agend.l Item /I i .3
Meeting D.lle: ._OJ /24 /02
SUBJECT/RECOMMENDATION: Increase the amount of the professional services contract with
Walker Parking Consultants of Tampa Florida, in the additional amount of $79,000 for a total not to
exceed $97,000 for Condition Appraisals and Restoration Services in accordance with section
2.564(1)e (code of ordinances - impractical to bid);
(BJ and that the appropriate officials be authorized to execute same.
SUMMARY:
. In June 2001 Walker Parking Consultants was retained to perform Condition Appraisals (Phase I) for
the Garden Avenue and Municipal Services Parking garages at a cost of $18,000.
. The findings of the appraisals include repair/maintenance recommendations such as waterproofing,
replacement joint and crack sealant system, concrete repairs, drainage improvements as well as
minor repairs to architectural areas of the garages.
. The conditions appraisals have afforded Walker Parking Consultants with thorough knowledge of the
history and conditions of the two structures.
. Phase II of the contract is to prepare detai led plans and specifications for restoration services as
required for the Garden Avenue and Municipal Services parking garages at a cost of $53,000 and will
take approximately eight to twelve weeks to complete.
. Phase III will consist of assisting the City in bidding and negotiations with the contractors at a cost of
$6,500 and will take approximately eight weeks to complete.
. Phase IV is construction administration which wi II provide administration of the construction and
periodic observation of the repair work for conformance to the plans and specifications at a cost of
$19,500 and will take approximately six to eight months to complete depending on the number of
parking spaces that can be closed off at one time.
. The total amount of the contract through Phase IV is not to exceed $97,000.
. There is sufficient funding for this contract in the Parking System CIP Budget, Parking Garage
Maintenance.
Reviewed by:
Legal N/A Info Srvc N/A
Budget ~ Public Works ~l{
Purchasing DCM/ACM ~
Risk Mgmt N/A Other
Costs
Total $97,000
Funding Source:
Current FY $79,000 CIP X
OP
Other
Submitted by:
City Manager -aw AA. V...--,-~
Printed on recycled paper
~ None
Appropriation Code:
315-92632.561100-545.000
Rev. 219B
, ", '. r ' .'. '. ,'. ,
ITEM # 14
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Clearwater City
Commission
Agenda Cover
Memorandum
SUBJECT/RECOMMENDATION: Approve Change Order No.6 to HaNey - Taddeo, Inc. of Oldsmar,
Florida for the Alligator Creek Implementation Projects Contract (99-0025-EN), increasing the
contract amount by $71,504.02, and approve a time extension of 60 days. The new contract total is
$1,623,579.59,
Work session Item #:
P-U3
1'+
Final Agenda Item #
Meeting Date: 01/24/02
[&J and that the appropriate officials be authorized to execute same.
SUMMARY:
. Field evaluation of the quantity of material to be removed in the dredging of the Cliff Stephens
Park retention pond and the quantity of rock to be placed for the diversion berm and slope
protection requires an increase in contract amount. Other items are also adjusted to actual field
quantities used.
. An increase of 60 days in the contract time is required for the complete excavation and placement
of materials, for a new completion date of February 25,2002.
. The total increase and additional items equals $141,176.85 and the total decrease equals
$69,672.83. The total is a net increase of $71,504.02, establishing a new contract amount of
$1,623,579.59.
. Sufficient budget and funding are available in 315-96120, Alligator Creek Implementation, to fund
this Change Order #6.
. The change order is available in the City Clerk Department for review.
Reviewed by:
Legal
Info Srvc
N/A
Originating Dept: 1'f\
Public Works Adm/Eng.
T.Finch
User Dept.
Public Works Adm;~.
Costs
Total
$71,504.02
t~H-
Budget
,&:-~::::L--
purchasin~#~
//~r
Risk Mgmt N/A
Public Works
Funding Source:
Current
FY
CIP X
Other
Attachments
OP
Other
Submlttod by: 1'1 '1' J J _
City Manager ~ ~-
Prlntad on recycled pIper
~ Nono
Appropriation Code:
315-96120-563700-539-000
Alligator Creek CO#6 Agenda Item
12/01
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of
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ADMINISTRATIVE CHANGE ORDER: #6
DATE:
December 27. 20()1
PROJECT: Alligator Creek Implementation
Projects
PROJECT NUMBER: 99-002S-EN
CONTRACTOR: Harvey - Taddeo, Inc.
305 A Scarlet Blvd.
Oldsmar, FL. 34677
P.O. REFERENCE NO.: 699 26803
DATE OF CONTRACT: 10/10/2000
CODE:
315-96120-563700-539-000
SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
SEE ATTACHED SHEET FOR OVERAGES, UNDERAGES, A1'JD ADDITIONAL ITEMS AND
APPROVE TIME EXTENSION OF SIX1Y (60) DAYS.
STATEMENT OF CONTRACT AMOUNT
ACCEPTED BY:
Original Contract
Change Order #1
Previous Contract Total
Change Order #2
Previous Contract Total
Change Order #3
Previous Contract Total
Change Order #4
Previous Contract Total
Change Order #5
Previous Contract Total
Change Order #6
New Contract Total
Harvey - Taddeo, Inc.
$1,484,753.27
1$27.04 )
$1,484,726.23
.$59,82540
$1,544,551.63
[$1,530.00 )
$1,543,021.63
L$0.88)
$1,543,020.75
.$9,054.82
$1,552,075.57
.$71,504.02
$1,623,579.59
Richard Taddeo,
(SEAL)
Secretary jTreasurer
Date:
WITNESSES:
CI'IYOF CLEARWATER, in
PINELLAS COUNIY, FLORIDA
RECOMMENDED BY:
Brian J. Aungst, Mayor-Comnlissioner
Teny Finch, Environnlental Manager
William B. Horne, II, City Manager
Tom Miller, Asst. Director of Eng.jESM
ATTEST:
(APPROVED AS TO FORM)
.' (--)
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Cythia E. Goudeau, City Clerk
Date:
" ", ,~~l., " 'I':', ',-',,' 't ' I ,...:' ,_ ".; ~ I ". ',. ' }" ~I',':~' f , '"I'I',,',i'
Page 2
Administrative Change Order #6
Alligator Creek Implementation Projects
Project 99-0025-EN
Decreases for Code "A"
69A PEAROCK&TOPSOIL
INFILLFORGEO-WEB
C.Y.
136.00 @ 30.00-
4,080.00
80A 10% CONTINGENCY
C.Y. 480.00 @ 16.00 - 7,680.00
1.S. 1.00 @ 57,912.83 - 57,912.83
Total Decrease for Code "A" = (69,672.83)
C.Y. 1700.00 @ 8.00 - 13,600.00
C.Y. 350.00 @ 125.00 - 43,750.00
Total Additional for Code "A"= 57,350.00
C.Y. 2900.00 @ 15.00 - 43,500.00
C.Y. 1710.00 @ 12.00 - 20,520.00
C.Y. 391.00 @ 3.00 - 1,173.00
L.F. 140.00 @ 1.75 - 245.00
S.Y. 669.00 @ 1.65 - 1,103.85
S.Y. 109.00 @ 115.00 - .12,535.00
EACH 5 @ 950.00 - 4,750.00
Total Increase for Code "A" - 83,826.85
Total Additional fOJ" Code "A"= 57,350.00
Total Decrease for Code "A" = (6q,672.83)
Net Total Increase for Code "A"= 71,504.02
70A GEOWEB
Additional Items for Code "A"
1231\ ROCK PIACEMENT
124A SLOPE PROTECTION
Increases for Code "A"
61A EXCAVATION
62A CRUSHED ROCK FILL
631\ SOIL FILL
6sA TREEBARRlCADE
67A GEOTIXTILE
71A GABION MATIRESS
72A GABION BASKETS
Previous Contract Total $1,552,075.57
Change Order #6 Increase $71,504.02
NEW OVERALL NET TOTAL CONTRACT COST $1,623,579.59
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Clearwater City
Commission
Agenda Cover
Memorandum
Work Session Item #:
_pw~
15
Final Agenda Item #
Meeting Date:
1/24/02
SU BJ ECT/RECOMM E N DATION:
Accept $3,500,000 grant from and Approve the Conceptual Approval Agreement with the Florida
Communities Trust for acquisition of the Friendly Village of Kapok Manufactured Home Community
property,
~ and that the a~riate officials be authorized to execute same.
SUMMARY:
. The Kapok Wetland and Floodplain Restoration Project was identified and prioritized as the top
ranked flood control project in the Comprehensive Watershed Management Plan for the Alligator
Creek Watershed (June 1997), developed cooperatively with Clearwater, Pinellas County, Safety
Harbor and the Southwest Florida Water Management District (SWFWMD). The project would
involve the purchase of the 37 acre mobile home park, and relocation of the residents, allowing for
floodplain restoration, wetland creation, habitat and water quality improvement, and recreation and
educational facilities.
. The City applied for funding for acquisition of the Friendly Village of Kapok Manufactured Home
. Community through the Florida Communities Trust Forever Program in August 2001 and was
subsequently selected for funding in December 2001 .
. Appraisals are cu rrently being obtained.
. A copy of the Agreement is available for review in the City Clerk office.
Reviewed by:
Legal g
Budget .....,..~_
Purchasing N/A
Risk Mgmt N/A
Info Srvc N/A
PUbIiCW~
DCMlAC
Other
Originating Dept: (T. finch) cP
Public Works Administration
User Dept. '/1't--1
Public Works Administration
Attachments
Costs
Total
Current FY
funding Source:
C1P
OP
Other
Submitted by:
City Manager
Printed on recycled paper
~
o None
Appropriation Code:
Kapok FCT
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FCT Contract Number OO-CT -
FLORIDA COMMUNITIES TRUST
FF I Award Number 00-000- FF 1
PROJECT NAME
CONCEPTUAL APPROVAL AGREEMENT
THIS AGREEMENT is entered into on , 200_, the date
the last party executes this Abrreement~ by and between the FLORIDA COMMUNITIES TRUST
(FCT), a'nonregulatory agency within the State of Florida Department of Community Affairs,
and [RECIPIENT NAME, a local government of the State of FloridaJa nonprofit environmental
organization](Recipient). The intent of this Agreement is to itnpose terms and conditions on the
use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such
proceeds (Project Site), that are necessary to ensure compliance with applicable Florida law and
federal income tax law and to otherwise implement provisions of Sections 259.105, 259.1051,
and Chapter 380, Part III, Florida Statutes (F.S.).
* * * * * * *
WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a
nonregulatory agency within the Department of Community Affairs (Department) that will assist
local governments in bringing local comprehensive plans into compliance and implementing the
goals, objectives, and policies of the conservation, recreation and open space, and coastal
management elements of local comprehensive plans, or in conserving natural resources and
resolving land use conflicts by providing financial assistance to local governments and nonprofit
environmental organizations to carry out projects and activities authorized by the Florida
Communities Trust Act;
WHEREAS, Section 259.l05(3)(c), F.S., of the Florida Forever Act provides for the
distribution of twenty- two percent (22%) less certain reductions of the net Florida Forever
Revenue Bond proceeds to the Department to provide land acquisition grants to local
governments or nonprofit environmental organizations through the FCT for acquisition of
community-based projects, urban open spaces, parks, greenways, and recreational trail systems to
implement local comprehensive plans;
WHEREAS, the Bonds are issued as tax-exempt bonds, Ineaning that the interest on the
Bonds is excluded from the gross income of bondholders for federal income tax purposes;
WHEREAS, Rule Chapter 9K-7, Florida Administrative Code (F.A.C.), describes the
procedures for evaluation and selection of lands proposed for acquisition using funds allocated to
OO-OOO-FF 1
00/00/00
Joint Acquisition
. .': l ; ... ;.. " \t ,f " I' '. ....J '. ,'. I .': ..'~,~ "" ", '" ". ':" ,,~ ..~..." ,', ,. .: ,..I.':;',",:',.,
the FCT through the Department from the Florida Forever Trust Fund;
WHEREAS, the FCT Governing Board met on November 29-30, 200 I, to score, rank and
select projects that were to receive conceptual approval for funding;
WHEREAS, the Recipient's project, described in an application submitted for evaluation,
was selected for funding and in accordance with Rule Chapter 9K-7, F.A.C., and more
particularly described within this Agreement;
WHEREAS, Rule 9K-7 .009( I), F .A.C., authorizes FCT to impose conditions for funding
on those FCT applicants whose projects have been selected for funding; and
WHEREAS, the purpose of this A!:,Tfeement is to set forth the conditions of conceptual
approval that must be satisfied by Recipient prior to the disbursement of any FCT FIOlida
Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent
to its acquisition with the Bond procceds.
NOW THEREFORE, FCT and Recipient mutually agree as follows:
I. GENERAL CONDITIONS
1. At least two original copies of this Agreement shall be executed by the Recipient
and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, as
soon as possible and before _DUE DA TE_. If Recipient requires more than one original
document, the Recipient should photocopy the number of additional copies needed, and then
execute each as an original document. Upon receipt of the signed Agreements, FCT will execute
the Agreements, retain one original copy and return all other copies that have been executed to
the Recipient.
2. The name Conceptual Approval Agreement is used to indicate that the project has
been approved as a concept that was described in the Recipient's application that was submitted
and selected for funding by FCT (Application). Since the entire Project Site has not yet been
negotiated for acquisition, some elements of the project are not yet known, such as the purchase
price, other project costs, and the tenns upon which an owner will voluntarily convey the
property. The Conceptual Approval AbJfcement is in every respect a grant contract between the
parties and sets forth the requirements and responsibilities for acquisition and management of the
Project Site, described in the Application.
00-000- FF I
00/00/00
Joint Acquisition
2
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3. Conceptual approval for funding shall be until November 30. 2002 (Expiration
Date). In the event that the Project Plan described in Section V. bcIow has not been approved
by the Expiration Date, conceptual approval shall be tcnninated. The FeT may extend
conceptual approval beyond the Expiration Date if the Recipient demonstrates that significant
progress is being made toward Project Plan approval or that extenuating circumstances warrant
an extension of time. A request for an extension must be made in writing to FCT, fully
explaining the reason for the delay and why the extension is necessary. If the Recipient does not
request an extension, or if an extension is not granted to the Recipient by the FCT, the Florida
Forever award granted to the Recipient shall tenninatc and all obligations hereunder shall cease.
4. This Agreement may be tcnninated before its Expiration Date at the written
request of the Recipient. Such a request shall fully describe the circumstances that compel the
Recipient to terminate the project. A request for tennination should be mailed to the FCT at the
address given in paragraph 1 above.
5. This Agreement may be tenninated before its Expiration Date by the FCT if it is
detennined by the FCT that no significant progress is being made toward the acquisition of the
Project Site, non-perfonnance by the Recipient of the requirements listed or that other
circumstances are present that would, in all likelihood, preclude or prevent the successful
acquisition of the Project Site within the established time frame. Prior to termination, notice of
the proposed tennination shall be mailed to the Recipient at the address given in paragraph 13
below.
6. Recipient agrees to submit the documentation to FCT that is required in this
Agreement as soon as possible so that the Project Site may be acquired in an expeditious manner.
Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating
to the project, are strictly enforced. Failure to adhere to deadlines, whether stated in this
Agreement or associated with meetings of the FCT Governing Board, may result in delays in the
project, may result in allocation of time or resources to other recipients that responded timely,
and may result in this Agreement being tenninated by FeT.
It is the responsibility of the Recipient and its representatives to know all project
deadlines, to devise a method of monitoring the project, and to adhere to all deadl ines. If the
Recipient is identified in paragraph IlL 1. below as the party responsible for all negotiation and
acquisition activities, the Recipient shall provide a monthly status report of acquisition activities
on the Project Site to FCT. The monthly report shall contain dates that appraisals are ordered
and due, as well as dates that purchase agreements are sent to sellers and the status of each
contract, as appropriate.
00-000- FF 1
OO/GO/OG
Joint Acquisition
3
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7. The FCT Florida Forever award granted to the Recipient will in no event exceed
the lesser of Percent ( 0/0) of the final total eligible project costs, as defined in Rule
9K-7.002(28), F.A.C., or Dollars And Cents
( $ ), unless the FCT approves a different amount, aller determination of the
Maximum Approvcd Purchase Price as provided in Rule 9K-X.007, F.A.C., and which shall be
reflected in an addendum to this Agreement. The amount of the grant shall not exceed the
Limitation of Award provided in Rule 9K-7.003(3), F.A.C., and as advertised in the Notice of
Application
8. The grant amount stated in paragraph 7 above is based on the Recipient's estimate
of total project costs in its Application, as well as limits on awards in the notice of application
period announcing the application cycle. When disbursing funds for the project, the FCT will
r~cognize the actual total project costs, defined in Rule 9K-7.002(28), F .A.C., for acquisition of
the Project Site. The total project costs will be reflectcd on a grant reconciliation statement
prepared pursuant to paragraph 10 below. The FCT will participate in the land cost at either the
actual purchase price, or the Maximum Approved Purchase Price based on appraisal reports that
comply with requirements set forth in Rule 9K-8.007, F.A.C., whichever is less, and multiplied
by the percent stated in paragraph 7 above.
9. The FCT Governing Board has sclected the Recipient's Application for funding to
acquire the entire Project Site identificd in its Application. The FCT reserves the right to
withdraw or adjust the FCT award if the acreage that comprises the Projcct Site is reduced or the
project design in changed so that the objectives of the acquisition cannot be achieved. Any
request for modification of the boundary of the Project Site identified in the Application may be
considered by the FCT following the procedures for submission and review of boundary
modification requests set f0l1h in Rule 9K-7.0 10, F.A.C.
If the Project Site is comprised of multiple parcels, an Acquisition Plan was required in
the application. The FCT reserves the right to withdraw or adjust the FCT award if the priority
parcel(s), or a significant portion of the Project Site identified in the Acquisition Plan,
incorporated by reference herein and attached as Exhibit "A," cannot be acquired. Approval of
the Conceptual Approval Agreement shall constitute approval of the Acquisition Plan by FCT.
10. The FCT funds shall be delivered either in the fonn of eligible project costs
prepaid by FCT to vcndors or in the form of a State of Florida warrant at the closing of the
Project Site, payable to the Seller or the Seller's designated agent authorized by law to receive
such payment, provided the Comptroller detennines that such disbursement is consistent with
good business practices and can be completed in a manner minimizing costs and risks to the State
of Florida. If the Project Site is comprised of multiple parcels, FCT shall deliver at the closing of
each parcel only the share of thc FCT award that corresponds to the parcel being closed. FCT
will prepare a grant reconciliation statement prior to the closing of thc Project Site parcel that
OO-OOO-FF 1
00/00/00
Joint Acquisition
4
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will evidence the amount of local match, if any is required, provided by the Recipient and the
portion of the FCT award that corresponds to the parcel being closed. Cash expended by the FCT
for eligible project costs incurred by the FCT will be recognized as part of the FCT grant award
amount on the grant reconciliation statement.
11. The Recipient's local match, if any is required, shall be delivered either in the
form of eligible project costs prepaid to vendors by the Recipient; cash; eligible documented
donation by Seller of land value; or Recipient's warrant at the closing of the Project Site. If the
Project Site is comprised of multiple parcels, the Recipient shall deliver at the closing of each
parcel the share of the local match, if any is required, that corresponds to the parcel being closed.
The cash expended by the Recipient for eligible project costs incurred by the Recipient
conducting acquisition activities will be recognized as part of the local match, if any is required,
on the grant reconciliation statement prepared pursuant to paragraph 10 above. In the event that
land value is the source of local match, if any is required, the value attributed to the land local
match, if any is required, shall be detem1ined after an appraisal report that complies with the
procedures and requirements set forth in Rule 9K-8.007, F.A.C. Such appraisal report shall be
subject to review and approval by FCT prior to FCT funds being delivered for the project.
12. The FCT Governing Board adopted the Florida Forever Pro!:,rram Approved List of
Complete Applications for Series FF 1 Funding Cycle on November 29, 2001, at which time the
Project Site became part" of a list of lands that were approved for consideration for land
acquisition. If action initiated by the Recipient that is the local government having jurisdiction
over the Project Site, subsequent to November 29, 2001, results in a governmentally-derived
higher value due to an enhanced highest and best use, the FCT acquisition activities will be
terminated unless the Seller a!:,Jfees that the appraisal will be based on the highest and best use of
the Project Site on or before November 29, 2001.
13. Recipient hereby notifies the FCT that the following administrator, officer,
or employee is the authorized key contact, or project manager, on behalf of the Recipient
for purposes of coordinating project activities for the duration of the project:
Name:
Title:
Address:
Phone:
Fax:
Email:
" 00-000- F F I
00/00/00
Joint Acquisition
5
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The Recipient must notify the FCT as to any change in the authorization of the key
contact on behalf of the Recipient named above. This notification must be made in writing to the
Executive Director and signed by the appropriate authorized administrator, officer, or employee
named in paragraph III.6.d. below.
14. This Agreement may be amended at any time and must be set forth in a written
instrument and agreed to by both the FCT and the Recipient. Such amendments shall become a
part of this Agreement.
II. AUDIT REQUIRElVlENTS
Section 215.97, Florida Statutes, the Florida Single Audit Act, provides unifonn state
audit requirements for state financial assistance provided by state agencies over the audit
threshold as defined in that Section as follows:
1. The Recipient agrees to maintain financial procedures and support
documents, in accordance with generally accepted accounting ptinciples, to account for the
receipt and expenditure of funds under this Agreement.
2. These records shall be available at all reasonable times for inspection,
review, or audit by state personnel and other personnel duly authorized by FCT. "Reasonable"
shall be construed according to circumstances, but ordinarily shall mean nonnal business hours
of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
3. The Recipient shall also provide FCT with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under
this Agreement.
4. In the event that the Recipient expends a total amount of State financial
assistance from all state sources 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 fiscal year in
accordance with Section 215.97, Flotida Statutes; applicable rules of the Executive Office of the
Governor and the Comptroller, and Chapter 10.550 and 10.650, Rules of the Auditor General.
Section I. 7. above indicates State financial assistance through FCT by this AhTfeement. In
determining the State financial assistance expended in its fiscal year, the Recipient shall consider
all sources of State financial assi stance, i nct uding State funds recei ved from FeT, except that
State financial assistance received by a nonstate entity tor Federal prObTfam matching
requirements shall be excluded ITom consideration. The funding for this Agreement was
received by FCT as a grant appropriation.
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. . ' . "I I. " ',:, . ... ., f , "r, ":,.,, t.,..:. J , " . . ' ' t'" ~I ~. ,
a. The annual financial audit report shall include all management letters and
the Recipient's response to all findings, including corrective actions to be taken.
b. The annual financial audit report shall include a schedulc of financial
assistance specifically identifying all Agreement and other revenue by sponsoring
agency and Agreement number.
c. The complete financial audit report, including all items specified in
(d) below, shall be sent directly to:
Department of COlnmunity AtTairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
d. In connection with the audit requirements addressed above, the Recipient
shall ensure that the audit complies with the requirements of Section 215.97(7),
Florida Statutes. This includes submission of a reporting package as defined by
Section 215.97(2)(d), Florida Statutes, and Chapter 10.550 and 10.650, Rules of
the Auditor General.
e. If the Recipient expends less than $300,000 in State financial assistance in
its fiscal year, an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, is not required. In the event that the Recipient expends
less than $300,000 in State financial assistance in its fiscal year and elects to have
an audit conducted in accordance with the provisions of Section 215.97, Florida
Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of
such an audit must be paid from recipient funds obtained from other than State
entities).
s. In the event the audit shows that the entire funds disbursed hereunder,
or any portion thereof, were not spent in accordance with the conditions of this Agreement, the
Recipient shall be held liable for reimbursement to FeT of all funds not spent in accordance with
these applicable regulations and Agreement provisions within thirty (30) days atter FCT has
notified the Recipient of such non-compliance.
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6. The Recipient shall retain all financial records, supporting documents.
statistical records, and any other documents pertinent to this contract tor a period of five years
after the date of submission of the final expenditures report. However, i flitigation or an audit
has been initiated prior to the expiration of the five-year period, the records shall be retained until
the litigation or audit findings have been resolved.
7. The Recipient shall have all audits completed in accordance with Section 215.97,
Florida Statutes, by an independent certified public accountant (IPA) who shall either be a
certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes.
The IP A shall state that the audit complied with the applicable provisions noted above.
III. REQUIREMENTS THAT MUST BE MET PRIOR TO INITIATION
OF PROJECT SITE NEGOTIATION
1. If the Project Site consists of five or fewer ownerships, as reflected on the
Acquisition Plan, either the FCT or the Recipient may act as the party responsible for all
negotiation and acquisition activities. If the Project Site consists of six or more ownerships, as
reflected on the Acquisition Plan, the Recipient shall act as the party responsible for all
negotiation and acquisition activities. The Recipient hereby notifies the FCT that
[Note: Elect FeT or Recipient] will be the party
responsible for all negotiation and acquisition activities. If the Recipient is named herein and
represented by an agent, the Recipient hereby notifies the FCT that the RecipienCs agent is.
Name:
Title:
Address:
Phone:
Fax:
Email:
2. The Recipient hereby notifies the FCT that the Recipient's Federal Employer
Identification Number(s} is
3. No later than DATE , the Recipient must deliver to FeT a written
statement from the Project Site property owner(s) evidencing that the owner(s) is willing to
entertain an offer from the Recipient and FCT. No negotiation or acquisition activity is to be
commenced prior to FCT receipt of this statement.
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4. No later than _DA TE_, the Recipient must deliver to FCT the executed
Confidentiality Agreement provided to the Recipient by FCT, pursuant to Rule 9K-8.008(3),
F.A.C.. No negotiation or acquisition activity is to be commenced prior to FCT receipt of the
executed Confidentiality Agreement.
5. The party named in parabrraph 1 above as the party responsible for all
negotiation and acquisition activities, shall provide the following:
a.. Title report(s) and appraisal(s) as required by Rule 9K-8.007 (l) - (4), F .A.C.,
for review by a date not to exceed 90 days of full execution of this Agreement.
FCT will review and approve the appraisal(s) and detennine the Maximum
Approved Purchase Price as provided in Rule 9K-8.007(5) and (6), F.A.C., ; and
b. Purchase agreement(s), based on the Acquisition Plan (if applicable), must be
approved by FCT and sent to owner(s) within 45 days of receipt of the appraisal
review memo establishing the Maximum Approved Purchase Price.
6. By execution of this Agreement, the Recipient affinlls that:
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a. the Recipient is ready, willing and able to provide the local match, if any is
required;
b. the Recipient reaffirms the representations made in its Application;
c. the Recipient shall, on January 30 of each year after acquisition of the
Project Site, , prepare and submit to FCT an annual stewardship report as
required by Rule 9K-7.013, F.A.C.;
d. the Recipient authorizes the administrator, employee, or
officer named in this paragraph to execute all documents in connection
with this project on behalf of the Recipient, including but not limited to the
Conceptual Approval Agreement or any addenda thereto, purchase
agreement for the property, grant reconciliation statement, closing
documents, statements submitted as a part of the project plan, and Grant
Award Agreement:
Name:
Title:
Address:
Phone:
Fax:
Email:
The Recipient must notifY the FCT as to any change in the authorization of the
administrator, officer or employee named in this paragraph to execute all documents on behal f of
the Recipient. This notitlcation must be made in writing to the Executive Director and signed by
the appropriate administrator, officer or employee.
IV. MANAGEMENT PLAN APPROVAL
1. Prior to approval of the Project Plan (described in Section V below), signature
of the purchase a!,rreement(s), c1osing(s) of the real estate transaction(s) and final disbursement of
award funds by FCT, the Recipient Inust prepare a Management Plan that complies with Rule
Chapter 9K-7.011, F.A.C., and addresses the criteria and conditions set forth in Sections IV, VI,
VII, VIII, IX, and X herein. Recipient is strongly urged to coordinate with the FCT staff
in order that the FCT approval of the Management Plan occurs prior to the closing date of the
real estate transaction(s) associated with the project and delivery of FCT funds.
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2. The Management Plan, which is intended to explain how the Project Site will
be managed to further the purposes of the project and Ineet the tenns and conditions of the
Conceptual Approval Agreement, shall include the following:
a. An introduction containing the project name, location and other
background information relevant to management.
b. The stated purpose for acquiring the Project Site as proposed in the
Application and a prioritized list of management objectives.
c. The identification of known natural resources including natural
communities, listed animal species, soil types, surface and groundwater
characteristics and a plan to inventory all unknown resources.
d. A detailed description of all proposed uses including existing and
proposed physical and access improvements.
e. A detailed description of proposed restoration or enhancement
activities, if any, including the objective of the effo11 and the techniques to
be used.
f. A scaled site plan drawing showing the project site boundary, existing
. " '.. ,,', , ': ~'" , ' , " , .,., r' "...' . '. " .. .' t . " " . '~ ,'~". ... ~" ( f ' . . ,.,'.. I . , "
and proposed physical improvements and any natural resource restoration
or enhancement areas.
g. A description of management needs and problems associated with
implementing the Management Plan.
h. The identification and protection of known cultural or historical
resources and a commitment to conduct surveys prior to any ground
disturbing activity, if applicable.
i. A description of proposed educational displays and programs to be
offered, if applicable.
j. A description of how the management will be coordinated with other
agencies and public lands, if applicable.
k. Cost estimates based on categories established by the Land
Management Uniform Accounting Council.
1. A schedule for implementing the development and managetnent
activities of the Management Plan.
In. Funding sources to implement the Management Plan.
3. If the Recipient is not the proposed managing entity, the Management Plan must
include a signed agreement between the Recipient and the managing entity stating the managing
entity's willingness to manage the site, the manner in which the site will be managed to further
the purpose(s) of the project, and identification of the source of funding for management.
4. To ensure that future management funds will be available for the management of
the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, F.S., the Recipient(s)
shall be required to provide the Trust with Reasonable Assurance, pursuant to Rule 9K-
7.002(32), F.A.C., that they have the financial resources, background, qualifications and
competence to manage the Project Site in perpetuity in a reasonable and professional manner.
Where the Recipient does not include at least one Local Government, the Trust may: require the
Recipient to post a performance or other bond in an amount sufficient to insure perfonnance by
the Recipient that the Project Site shall be reasonably and professionally managed in perpetuity;
require the Recipient to establish an endowment or other fund in an amount sufficient to insure
performance; require a guaranty or pledge by the Local Government, in whose jurisdiction the
Project Site is located, which shall require the Local Government to take over the responsibility
for management of the Project Site in the event the Nonprofit Environmental Organization is
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unable to, and may require the Local Government to be a named co-signer on the Grant A ward
Agreement; or require such other assurances as may be necessary to adequately protect the public
interest.
V. PROJECT PLAN APPROVAL
1. Prior to FCT approval of the signed purchase agreement(s), closing(s) of the real
estate transaction(s) to acquire the Project Site, and final disbursement of award funds by FCT,
the Recipient must submit to FCT a Project Plan that complies with Rule 9K-8.0 II, F.A.C. This
Project Plan is a compilation of the following items listed below, which must be reviewed and
approved by FCT. In the event that the Recipient is a partnership, the Recipient must also
provide FCT with the intcrlocal agreement that sets forth the relationship among the partners and
the fiscal and management responsibilities and obligations incurred by each partner for the
Project Site as a part of its Project Plan.
The Project Plan shall includc, and shall not be considered by FCT unless it includes all
of the following documents, to be reviewed and approved by FCT to ensure that the interest of
the State of Florida will be protected:
a. A purchase agreement for acquisition of the Project Site, in a form
approved by the FCT staff prior to being executed by the Seller, such agreement fully
executed by both the Seller and the Recipient, that is based on an appraisal(s) approved by
FCT and consistent with the requirements of Rule Chapter 9K-8, F.A.C..
b. A letter from FCT indicating approval of the Management Plan written
according to Rule Chapter9K-7.011, F.A.C., and as described in Section IV above.
.c. A statement of the total project cost, including all non-recurring costs of
project development as defined in Rule Chapter 9K-7.002(28), F.A.C.
d. A statement of the amount of the award being requested from the FCT.
e. A statement from each local government in whose jurisdiction the Project
Site is located that the Project Plan is consistent with the local comprehensive plan.
f. Evidence that the conditions imposed as part of the Conceptual Approval
Agreement have been satisfied.
g. A signed statement from the Recipient evidencing that aftcr conducting a
diligent search, the Recipient, to the best of its knowledge, represents that there are no existing or
pending violations of any local, state, regional and federal laws and regulations on the Project
Site.
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2. The FCT strongly encourages the Recipient to request a courtesy review of its
entire Project Plan, prior to submission of the Project Plan for approval and release of funds. The
FCT will recommend approval of complete and accurate Project Plans or disapproval of
incomplete or insufficient Project Plans. Recipient is strongly urged to coordinate with the FCT
staff in order that the FCT review of the Project Plan coincides with the closing date of the real
estate transaction(s) associated with the project.
3. Real estate transactions associated with the project may close only after FCT
approval of the Project Plan and compliance with all purchase agreement requirements. In
addition. pursuant to Rule 9K-8.0 II (4), F.A.C., the FCT shall publish a Notice of Approval for
Florida Forever funds in the Florida Administrative ~Veek(v that shall list each Project Plan that
has received approval for funding and the amount of funding approved. Any person with a
substantial interest that is or may be detennined by the decision of the FCT to reject or approve
the Project Plan may request an administrative proceeding pursuant to Section 120.57, F.S.,
within 21 days from publication of the Notice of Approval for Florida Forever funds. Real estate
closings associated with the project may close only after expiration of the 21-day notice period,
so long as no requests for an administrative proceeding have been tiled.
VI. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY
CHAPTER 259 AND CHAPTER 380, PART III, F.S.
RECIPIENT AGREES AS FOLLOWS:
I. FeT shall approve the tenns under which the interest in land is acquired, pursuant
to Section 380.510(3), F.S. Such approval is deemed given when the FCT approves and executes
the purchase agreement for acquisition of the Project Site, further described in Section V.I.a.
above, to which FCT is a party.
2. Title to the Project Site shall be titled in the Recipient, unless the Recipient
specifically requests that title shall pennanently vest in the Board of Trustees of the Internal
Improvement Trust Fund (Trustees). Such request shall be subject to the approval of FeT and the
Trustees. The Recipient hereby clccts that title to the Project Site shall be vested in
[Note: Insert either the "ame afRecipient or Board of Trustees of 11ltenwll11lprovemellt Trust Fund.] If
the Recipient elects that title shall vest in the Trustees, then all acquisition activities shall be
administered by the Division of State Lands as specified in Section 253.025, F .S., and Rule 18-1,
F.A.C. FCT signature of this Agreement shall constitute approval of this election.
3. The transfer of title to the Recipient for the Project Site shall not occur until the
requirements for the acquisition of lands, as specified in Section 380.507(11), F.S., and Rule
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Chapter 9K-8, F.A.C., have been fully complied with by the Recipient and FCT.
4. Each parcel to which the Recipient acquires title in the Project Site shall be
subject to such covenants and restrictions as are, at a minimum, sufficient to ensure that the use
of the Project Site at all times complies with Section 375.051 and 380.510, F.S.; Section 11 (e),
Article VII of the State Constitution; the applicable bond indenture under which the Bonds were
issued; and any provision of the Internal Revenue Code or the regulations promulgated
thereunder that pertain to tax exempt bonds and shall contain clauses providing for the
conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement Trust
Fund upon failure to use the Project Site conveyed thereby for such purposes.
5. A Grant Award Agreement containing such covenants and restrictions as
referenced in paragraph 4 above and describing the real property subject to the A!:,Jfeement shall
be executed by the FCT and Recipient at the time of the conveyance of the Project Site and shall
be recorded in the county(s) in which the Project Site is located. The Grant Award AbTfeement
shall restate the conditions that were placed on the Project Site at the time of project selection
and initial grant approval. All statements contained in the Grant A ward Agreement are contained
in this Conceptual Approval Agreement, with the exception of statements that do not survive the
real estate closing of the Project Site.
6. If any essential term or condition of the Grant A ward Agreement is violated, and
the Recipient does not correct the violation within 30 days of written notice of violation, title to
all interest in the Project Site shall be conveyed to the Board of Trustees of the Intenlal
Improvement Trust Fund. The deed transferring title to the Project Site to the Recipient shall set
forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund.
7. The interest acquired by the Recipient in the Project Site shall not serve as
security for any debt of the Recipient.
8. If the existence of the Recipient tenllinates for any reason, title to all interest in
real property it has acquired with the FCT award shall be conveyed or revert to the Board of
Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with
another local government or nonprofit organization which a!:,Tfees to accept title to all interest in
and to manage the Project Site.
VII. OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF PROJECT
FUNDING
1. Following the acquisition of the Project Site, the Recipient shall ensure that the
future land use designation assigned to the Project Site is for a category dedicated to open space,
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,,'. ~" .".~:, .,,\(;~, I""~ I" r (", :,~ ij _ ~..l"I...,,' '.,":,"" /,...,':...,':., :.:.;'~,,~,'.'..,._I,~1..,"~;......t...h~:.~....#rl:";;:
conservation, or outdoor recreation uses as appropriate. I fan amcndment to the applicable
comprehensive plan is required, the amendment shall be proposed at the next comprehensive
plan atllendment eycle available to the Recipient subsequent to the Project Site's acquisition.
2. Recipient shall ensure, and provide evidence thercof to FCT, that all activities
under this Agreement comply with all applicable local, state, regional and federal laws and
regulations, including zoning ordinances and the applicablc adopted and approved
comprehensive plan.
3. The Recipient shall, through its agents and cmployees, prevent the unauthorized
use of the Project Site or any use thereof not in conformity with the Management Plan approved
by the FCT as a part of the Project Plan.
4. FCT staff or its duly authorized representatives shall have the right at any time to
inspect the Project Site and the operations of the Recipient at the Project Site.
5. All buildings, structures, improvements, and signs shall require the prior written
approval ofFCT as to purpose. Further, tree removal, other than non-native species, and major
land alterations shall require the written approval of FCT. The approvals required from FCT shall
not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures,
buildings, improvements, signs, vegetation removal or land alterations will not adversely impact
the natural resources of the Project Site. The approval by FCT of the Recipient's Management
Plan addressing the items mentioned herein shall be considered written approval from FCT.
VIII. OBLIGATIONS OFTHE RECIPIENT RELATING TO THE USE OF
BOND PROCEEDS
1. FCT is authorized by Section 380.510, F.S., to impose conditions for funding on
Recipient in order to ensure that the project complies with the requirements for the llse of Florida
Forever Bond proceeds including without limitation the provisions of the Internal Revenue Code
and the regulations promulgated thereunder as the same peltain to tax exempt bonds.
2. If the Project Site is to remain subject, after its acquisition by the Recipient and/or
the Trustees, to any of the below listed transactions, events, and circumstances, the Recipient
shall provide at least 60 days advance written notice of any such transactions, events, and
circutnstances to FCT, and shall provide to FCT such infonnation with respect thereto as FCT
reasonably requests in order to evaluate the legal and tax consequences of such activity or interest
for FCT approval. Recipient agrees and acknowledges that the following transactions, events,
and circumstances may be disallowed on the Project Site as they may have negative legal and tax
consequences under Florida law and federal income tax law. The Recipient further abTfees and
acknowledges that the following transactions, events, and circumstances may be allowed up to a
certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of
the Internal Revenue Service:
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, ~ , ' . '" , . '. < , " fJ. 11'" #1 <' ,. , .. . , .. ~ : I " ~. '.... .' f'
a. any sale or lease of any interest in the Project Site to any person or
organization;
b. the operation of any concession on the Project Site by any person or
organization;
c. any sales contract or option to buy things attach cd to thc Project Site to be
severed from the Project Site, with any person or organization;
d. any use of the Project Site by any pcrson othcr than in such person's
capacity as a member of the general public;
e. any change in the charactcr or use of the Project Site from that use
expected at the date of the issuance of any scries of Bonds trom which the disbursement is to be
made;
f a management contract of the Project Site with any person or organization;
or
g. such other activity or interest as may be specified trom time to time in
writing by FCT to the Recipient.
The foregoing are collectively referred to as the "disallowable activities."
IX. DISALLOW ABLE ACTIVITIES/REl\1EDIES
In the event that FCT detennines at any time or from time to time that the Recipient is
engaging or allowing others to engage in disallowable activities on the Project Site, the Recipient
agrees to immediately cease or cause the cessation of the disallowable activity upon receipt of
written notice from the FCT. To the extent allowed by law, Recipient hereby indemnifies and
agrees to hold FCT harmless from all claims, causes of action or damages of any nature
whatsoever arising from or with respect to disallowable activities on the Project Site. Nothing
herein shall be deemed a waiver of the Recipient's sovereign immunity. In addition to all other
rights and remedies at law or in equity, FeT shall have the right to temporary and penn anent
injunctions against Recipient for any disallowable activity 011 the Project Site.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT
AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES, OR NON
GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE
WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE
THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF
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, '. t , \ ' ' " r ' I ,'t' .. _ " .~ , f . . \ ' . . 1
UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY
COMPLIED WITH BY THE CONTRACTING PARTY.
x. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUS1' BE
ADDRESSED IN THE MANAGEMENT PLAN
The Management Plan for the Project Site is mentioned throughout this Agreement, and
is particularly described in Section IV. above. In addition to the various conditions already
described in this A!,Jfeement, which apply to all sites acquired with FCT funds, the Management
Plan shall address the following conditions that are particular to the Project Site and result from
either commitments made in the application that received scoring points or observations made by
the FCT staff during the site visit described in Rule 9K-7 .009( I), F.A.C.:
[ADD SPECIFIC CONDITIONS HERE]
This Agreement including Exhibit HA", ifrequired, embodies the entire agreement
between the parties.
THE FLORIDA COMMUNITIES TRUST'S OBLIGATION TO PROVIDE FUNDS
UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY
THE LEGISLATURE.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement.
RECIPIENT NAME
FLORIDA COMMUNITIES TRUST
By:
Print Name:
Title:
Date:
By:
Janice Browning
Executive Director
Date:
Approved as to Form and Legality:
By:
Print Name:
Approved as to Form and Legality:
By:
Ann J. Wild, Trust Counsel
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Clearwater City
Commission
Agenda Cover
Memorandum
Work Session Item II:
2 w.e)
fro
Final Agenda Item It
Meeting Date:
1/24/02
SU BJ ECT IRECOMMENDA TION:
Approve the Cooperative Funding Agreement between the Southwest Florida Water Management District
and the City of Clearwater accepting funding for the Kapok Wetland And Floodplain Restoration Project
in the amount of $3,000,000,
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Kapok Wetland and Floodplain Restoration Project was identified and prioritized as the top
ranked flood control project in the Comprehensive Watershed Management Plan for the Alligator
Creek Watershed (June 1997), developed cooperatively with Clearwater, Pinellas County, Safety
Harbor and the Southwest Florida Water Management District (SWFWMD). The project involves the
purchase of the 37 acre mobile home park, and relocation of the residents, allowing for floodplain
restoration, wetland creation, habitat and water quality improvement, and recreation and educational
facilities.
. The City applied for funding through the Pinellas-Anclote River Basin Board of the Southwest Florida
Water Management District, the budget for which was subsequently approved on December 5, 2001.
. The Agreement provides funding for design and construction of the project up to $3,000,000.
. SWFWMD has committed funding in the amount of $500,000 in FY02 and $2,500,000 in FY03, for a
total of $3,000,000 for design and construction.
. The Agreement is contingent on the successful acquisition of the property by May 31,2002.
. The Agreement also requires that the final design be completed by December 31, 2003 and the
project construction be completed by June 30,2005.
. A copy of the Agreement is available for review in the City Clerk office.
Originating Depl: (T. Finch)
Public Works Administr..\ti~:I
User Dept. ~'\ r
Public Works Administr.ltion
Attachments
Costs
Reviewed by: 0~
I /(ilL
Lega . ..~
Budget ~
Purchasing lHIA
Risk Mgmt N/A
Info 5rvc N/A
PUbliCW~
DCMlAC
Other
Tot,ll
ell rrenl FY
Funding Source:
Clr
or
Other
Submitted by: .." ~J. M.
City Manager ~. ~".>~
Prlntod on recycled paper
SWFWMD
o None
Approprl.tlion Code:
Ki\pok SWFWMD
" .'. ' " '. .': ',' , I v .' " . '. \ (' ' .' ., (r.' t' / ~ " ;, . .~'. ' " . " :,
...
iJ:/~
AGREEMENT NO.
Pw5
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR THE
KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECT
.
THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between the
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT. a public corporation of the State of
. Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899, for itself and on behalf
of the Pinellas Anclote River Basin Board, hereinafter collectively referred to as the "DISTRICT," and the
CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 112 South
Osceola Avenue, Post Office Box 4748, Clearwater, Florida 33756. hereinafter referred to as the "CITY."
WITNESSETH:
WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration under the
DISTRICT's cooperative funding program; and
WHEREAS. the project consists of the restoration of 37 acres of historic floodplain to its predevelopment
condition for flood control, water quality treatment and habitat creation, hereinafter referred to as the
"PROJECT"; and
WHEREAS. the DISTRICT considers the PROJECT worthwhile and desires to assist the CITY in funding
the PROJECT.
NOW, THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms, covenants and
conditions set forth herein, agree as follows:
1. PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set forth below
as its respective Project Manager. Project Managers shall assist with PROJECT coordination and
shall be each party's prime contact person. Notices or reports shall be sent to the attention of each
party's Project Manager by U.S. mail, postage paid, to the parties' addresses as set forth below:
Project Manager for the DISTRICT:
Janie L. Hagberg, P.E.
Southwest Florida Water Management District
SWIM Section
7601 U.S. Highway 301 North
Tampa, Florida 33637
Project Manager for the CITY:
Terry Finch
City of Clearwater
100 South Myrtle Avenue
Clearwater. Florida 33756
Any changes to the above representatives or addresses must be provided to the other party in
writing.
1.1 The DISTRICT's Project Manager is hereby authorized to approve requests to extend a
PROJECT task deadline set forth in this Agreement. Such approval shall be in writing,
Page 1 of 6
shall explain the reason for the extension and shall be signed by the Project Manager and
his/her Department Director, or Deputy Executive Director if the Department Director is the
Project Manager. The DISTRICT's Project Manager is not authorized to approve any time
extension which will result in an increased cost to the DISTRICT or any time extension
which will likely delay the final PROJECT task deadline.
1.2 The DISTRICT's Project Manager is authorized to adjust a line item amount of the Project
Budget set forth in Exhibit "B" or, if applicable, the refined budget as set forth in Paragraph
3.1 below. The adjustment shall be in writing, shall explain the reason for the adjustment,
and shall be signed by the Project Manager, his/her Department Director and their Deputy
Executive Director. The DISTRICT's Project Manager is not authorized to make changes
to the Scope of Work and is not authorized to approve any increase in the not-to-exceed
amount set forth in the funding section of this Agreement.
2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the CITY shall
perform the services necessary to complete the PROJECT in accordance with the Special Project
Terms and Conditions set forth in Exhibit "A" and the Proposed Project Plan set forth in Exhibit "8,"
both attached hereto and incorporated herein. Any changes to this Scope of Work and associated
costs shall be mutually agreed to in a formal written amendment approved by the DISTRICT
Governing Board and the CITY prior to being performed by the CITY. The CITY shall be solely
responsible for managing the PROJECT, including the hiring and supervising of any consultants
or contractors it engages under this Agreement.
3. FUNDING. The parties anticipate thatthe total cost of the PROJECTwill be Thirteen Million Dollars
($13,000,000). The DISTRICT agrees to fund restoration PROJECT costs up to Three Million
Dollars ($3,000,000) and shall have no obligation to pay any costs beyond this maximum amount.
The CITY agrees to fund PROJECT costs for the property purchase up to Ten Million Dollars
($10,000,000) and shall be responsible for all costs in excess of the anticipated total PROJECT
cost. The CITY shall be the lead party to this Agreement and shall pay PROJECT costs prior to
requesting reimbursement from the 01 STRICT.
3.1 The CITY hereby recognizes and agrees that DISTRICT funding of the PROJECT is
anticipated to be over three Fiscal Years, 2002, 2003 and 2004, and is conditioned upon the
inclusion, funding, and approval of the PROJECT in the DISTRICT's annual budgets. If this
condition does not occur, this Agreement shall be null and void and the DISTRICT shall not
be responsible for any expenses incurred by the CITY. The DISTRICT has approved Five
Hundred Thousand Dollars ($500,000) in Fiscal Year 2002 for the PROJECT and the
remaining funds, up to the DISTRICT's funding commitment, are anticipated to be available
in Fiscal Years 2003 and 2004, contingent upon DISTRICT approval in Fiscal Years 03 and
04.
3.2 The DISTRICT shall reimburse the CITY for the DISTRICT's share of restoration PROJECT
costs in accordance with the Project Budget set forth in Exhibit "B." The CITY shall contract
with consultants and contractors in accordance with the Special Project Terms and Conditions
set forth in Exhibit "A." Upon written DISTRICT approval, the budget amounts for the work set
forth in such contract(s) shall refine the amounts set forth in the Project Budget and shall be
incorporated herein by reference. The DISTRICT shall reimburse the CITY for 100 percent
of all allowable restoration design, permitting, construction management and construction
costs in each DISTRICT approved invoice received from the CITY, but at no point in time shall
the DISTRICT's expenditure amount under this Agreement exceed expenditures made by the
Page 2 of 6
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CITY. Payment shall be made to the CITY within thirty (30) days of receipt of an invoice, with
the appropriate support documentation, which shall be submitted to the DISTRICT at the
following address:
Accounts Payable Section
Southwest Florida Water Management District
Post Office Box 1166
Brooksville, Florida 34605-1166
3.3 The maximum amount of $13,000,000 includes any travel expenses which may be authorized
under this Agreement and reimbursement shall be paid only in accordance with Section
112.061, Florida Statutes (F.S.), as may be amended from time to time, District Policy 130-5
and District Procedure 13-5.
3.4 The CITY shall not use any DISTRICT funds for any purposes not specifically identified in the
above Scope of Work.
3.5 Each CITY invoice shall include the following certification, and the CITY hereby agrees to
.delegate authority to its Project Manager to affirm said certification:
"I hereby certify that the costs requested for reimbursement and the CITY's matching
funds, as represented in this invoice, are directly related to the performance under the
Kapok Wetland and Floodplain Restoration Project Agreement between the Southwest
Florida Water Management District and the City of Clearwater (Agreement No.
), are allowable, allocable, properly documented, and are in accordance
with the approved project budget."
3.6 The DISTRICT's performance under this Agreement is conditioned upon the CITY's purchase
of the land needed for the PROJECT (Figure 2 of Exhibit liB"). The CITY's purchase of the
land needed for the PROJECT will be matched up to, but not to exceed Three Million Dollars
($3,000,000) by the DISTRICT which shall be used towards restoration PROJECT costs. If
for any reason the CITY does not purchase the PROJECT property by May 31, 2002, this
Agreement shall be null and void and the DISTRICT shall have no further obligations
hereunder. No DISTRICT funds shall be expended prior to the purchase of the property by
the CITY.
3.7 The DISTRICT shall have no obligation to reimburse the CITY for any costs under this
Agreement until construction of the PROJECT has commenced.
3.8. The DISTRICT's performance and payment pursuant to this Agreement is contingent upon the
DISTRICT's Governing Board appropriating funds for the PROJECT.
4. CONTRACT PERIOD. This Agreement shall be effective upon execution by all parties and shall
remain in effect until December 31,2005, unless terminated or extended in writing by mutual written
agreement of the parties.
5. PROJECT RECORDS AND DOCUMENTS. Each party shall, upon request, permit the other party
to examine or audit all PROJECT related records and documents during or following completion of
the PROJECT. Each party shall maintain all such records and documents for at least three (3)
years following completion of the PROJECT. All records and documents generated or received by
either party in relation to the PROJECT are subject to the Public Records Act in Chapter 119, (F .S.).
Page 30f6
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6. REPORTING. The CITY shall provide the DISTRICT with any and all reports, models, studies,
maps or other documents resulting from the PROJECT.
7. LIABILITY. Each party hereto agrees that it shall be solely responsible for the negligent acts or
omissions of its officers, employees, contractors and agents; however, nothing contained herein
shall constitute a waiver by either party of its sovereign immunity or the limitations set forth in
Section 768.28, F.S.
8. DEFAULT. Either party may terminate this Agreement upon the other party's default in complying
with any term or condition of this Agreement, as long as the terminating party is not in default of any
term or condition of this Agreement. To effect termination, the terminating party shall provide the
defaulting party with a written "Notice of Termination" stating its intent to terminate and describing
the term and/or condition with which the defaulting party has failed to comply. If the defaulting party
has not remedied its default within thirty (30) days after receiving the Notice of Termination, this
Agreement shall automatically terminate.
9. TERMINATION WITHOUT CAUSE. This Agreement may be terminated by the DISTRICT without
cause upon fifteen (15) days written notice to the CITY. Termination shall be effective upon the
fifteenth (15th) day after the CITY's receipt of said notice. In the event of termination under this
paragraph, the CITY shall be entitled to compensation for all services reasonably and properly
incurred to the date of termination which are allowed under this Agreement.
10. RELEASE OF INFORMATION. The parties shall not initiate any verbal or written media interviews
or issue press releases on or about the PROJECT without providing advance copies to the other
party. This provision shall not be construed as preventing the parties from complying with the public
records disclosure laws set forth in Chapter 119, F.S.
11. DISTRICT RECOGNITION. The CITY shall recognize DISTRICT funding and, if applicable, Basin
Board funding in any reports, models, studies, maps or other documents resulting from this
Agreement, and the form of said recognition shall be subject to DISTRICT approval. If construction
is involved, the CITY shall provide signage at the PROJECT site that recognizes funding for this
PROJECT provided by the DISTRICT and, if applicable, the Basin Board(s). All signage must meet
with DISTRICT written approval as to form, content and location, and must be in accordance with
local sign ordinances.
12. PERMITS AND REAL PROPERTY RIGHTS. The CITY shall obtain all permits and all real property
rights necessary to complete the PROJECT prior to commencing any construction involved in the
PROJECT. The DISTRICT shall have no obligation to reimburse the CITY for any costs under this
Agreement until the CITY has obtained such permits and rights.
13. LAW COMPLIANCE. Each party shall comply with all applicable federal, state and local laws, rules,
regulations and guidelines, relative to performance under this Agreement.
14. COMPLIANCE WITH DISTRICT RULES & REGULATIONS. If the PROJECT involves design
services, the CITY's professional designers and DISTRICT regulation and projects staff shall meet
regularly during the PROJECT design to discuss ways of ensuring that the final design for the
proposed PROJECT shall technically comply with all applicable DISTRICT rules and regulations.
15. DISADVANTAGED BUSINESS ENTERPRISES. The DISTRICT expects the CITY to use good
faith efforts to ensure that disadvantaged business enterprises, which are quaHfied under either
Page 4 of6
federal or state law, have the maximum practicable opportunity to participate in contracting
opportunities under this project Agreement. Invoice documentation submitted to the DISTRICT
under this Agreement shall include information relating to the amount of expenditures made to
disadvantaged businesses by the CITY in relation to this Agreement, to the extent the CITY
maintains such information.
16. ASSIGNMENT. Neither party may assign or transfer its rights or obligations under this Agreement,
including any operation or maintenance duties related to the PROJECT, without the written consent
of the other party.
17. SUBCONTRACTORS. Nothing in this Agreement shall create, or be implied to create, any
relationship between the DISTRICT and any subcontractor of the CITY.
18. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit any
person or entity not a party to this Agreement.
19. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is hereby prohibited from
using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial
branch or a state agency.
20. PUBLIC ENTITY CRIMES. Pursuant to Section 287.133(2) and (3), F.S., a person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017, F.S. for Category Two, for a period of 36 months from the date of being placed
on the convicted vendor list.
21. DISCRIMINATION. Pursuant to Section 287.134(2)(a), F.S., an entity or affiliate who has been
placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity.
22. MODIFICATIONS. This Agreement constitutes the entire agreement between the parties and may
be amended only in writing, signed by all parties to this Agreement.
23. DOCUMENTS. The following documents are attached and made a part of this Agreement. In the
event of a conflict of contract terminology, priority shall first be given to the language in the body
of this Agreement, then to Exhibit "A," and then to Exhibit "B."
A. Exhibit "A"
B. Exhibit liB"
Special Project Terms and Conditions
Proposed Project Plan
The remainder of this page intentionally left blank.
Page 5 of6
, ~ ,'" . _ ' '. . . ~ . I I . , ",
IN WITNESS WHEREOF, the parties hereto, or their !awful representatives, have executed this
Agreement on the day and year set forth next to their signatures below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
Witness
By:
E. D. Vergara, Executive
DO NOT EXECUTE, PENDING
GOVERNING BOARD APPROVAL
ffi~\~
Federal 10#: 59-0965067
. Countersigned:
CITY OF CLEARWATER
Brian J. Aungst, Sr.
Mayor-Commissioner
By:
William B. Horne II, Interim City Manager
Date
Approved as to form:
Attest:
By:
Cynthia E.. Goudeau, City Clerk
Date
Jane C. Hayman
Assistant City Attorney
FederaIID#: 59-6000289
COOPERATIVE FUNDING AGREEMENT
BElWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR
KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECt
DISTRICT APPROVAL '5tS
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DEPUTY EXEC DIR 10,"
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Page 6 of 6
AGREEMENT NO.
EXHIBIT "A"
SPECIAL PROJECT TERMS AND CONDITIONS
1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY shall engage the
services of a consultant(s), hereinafter referred to as the "CONSULTANT," to design and a
contractor(s), hereinafter referred to as the "CONTRACTOR," to construct the PROJECT in
accordance with the Proposed Project Plan previously submitted to the DISTRICT and
attached as Exhibit "B." The CITY shall be responsible for administering the contracts with the
CONSULTANT and CONTRACTOR and shall give notice to proceed to the CONSULTANT no
later than May 31, 2002.
2. APPROVAL OF BID DOCUMENTS. The CITY shall obtain the DISTRICT's written approval
of all construction bid documents prior to being advertised or otherwise solicited. The
DISTRICT shall not unreasonably withhold its approval. The DISTRICT's approval of the
construction documents does not constitute a representation or warranty that the DISTRICT
has verified the architectural, engineering, mechanical, electrical, or other components of the
construction documents, or that such documents are in compliance with DISTRICT rules and
regulations or any other applicable rules, regulations, or laws. The DISTRICT's approval shall
not constitute a waiver of the CITY's obligation to assure that the design professional performs
according to the standards of his/her profession. The CITY shall require the design
professional to warrant that the construction documents are adequate for bidding and
construction of the PROJECT.
3. FINAL DESIGN REPORT AND APPROVAL. The CITY shall direct the CONSULTANT to
provide survey information, prepare detailed construction plans, an engineer's probable cost
of construction, and construction documents including technical specifications for the project.
The design of the PROJECT will reflect the recommendations of the report entitled "Friendly
Village of Kapok Floodplain and Wetland Restoration Preliminary Planning and Project
Developmenf' prepared by Parsons Engineering Science, Inc. The CONSULTANT shall model
the current and proposed conditions for the PROJECT to ensure that design will be in
compliance with DISTRICT rules and regulations. The CITY shall have its CONSULTANT
perform the necessary geotechnical investigation and field survey for the PROJECT
delineation, existing structure location and data, and spot elevations for topographic
verification. The CITY will provide copies of all interim work products (e.g., Design Reports,
construction plan submittals, specifications, etc.) to the DISTRICT Project Manager for review
and comment. Work will not resume on the final design until the DISTRICT's review comments
have been satisfactorily addressed and the DISTRICTs Project Manager has provided written
approval to proceed with the next phase of design for the specific project under review. The
DISTRICT's review comments and/or approvals shall be made in a timely and reasonable
manner so as not to compromise the ability of the CITY to meet the deadlines imposed in this
Agreement. Upon completion and acceptance of the final design by the CITY and the
DISTRICT, the CITY will furnish the DISTRICT with a complete set of the original reproducible
drawings of the construction plans for the PROJECT improvements.
Page 1 of 2
4. DISTRICT PARTICIPATION IN SELECTING CONSULTANT AND REVIEW OF CITY's
SELECTION OF CONTRACTOR. Upon notifying the CITY's Project Manager, the DISTRICT
shall have the option of participating as an evaluator in the CITY'S process for selecting the
CONSULTANT in accordance with Section 287.055, F.S. The CITY shall provide the
DISTRICT with a tabulation of CONTRACTOR bids and a recommendation to award. The
CITY shall obtain the DISTRICT's approval of the selected CONTRACTOR prior to proceeding
with construction of the PROJECT and the DISTRICT shall not unreasonably withhold its
approval.
5. OPERATION AND MAINTENANCE: The CITY shall be responsible for the perpetual operation
and maintenance of the completed PROJECT facilities to maintain the PROJECT's aesthetics,
ensure the proper hydraulic operation of the PROJECT, and to conform to all the conditions
specified in the environmental permits issued for the PROJECT. The CITY shall be identified
as the entity responsible for all operation, maintenance, and permit monitoring requirements
in all permit applications forthe PROJECT. Operation and maintenance activities may include,
but are not necessarily limited to: mowing of the PROJECT's grassed areas, removal of
undesirable and/or exotic plant species including cattails, water hyacinths, and Brazilian
Pepper, or as specified in the environmental permits for the PROJECT; the cleaning of bleed-
down devices and/or filter systems, if any; and, the cleaning of sediment traps, if any. This
provision shall survive the expiration of this Agreement and shall be binding upon the CITY in .
perpetuity.
6. . APPROVAL OF CONTRACT. The CITY shall obtain the DISTRICT's prior written approval of
all contracts entered into with its CONSULTANTS and its CONTRACTORS as referenced
above in item number one of this exhibit. The DISTRICT shall not unreasonably withhold its
approval.
7. COMPLETION DATES. The CITY shall complete the final design no later than December31,
2003. The CITY shall complete construction of the PROJECT by June 3D, 2005. However, in
the event of any national, state or local emergency which significantly affects the CITY's ability
to perform, such as hurricanes, tornados, floods, acts of God, acts of war, or other such
catastrophes, or other man-made emergencies beyond the control of the CITY such as labor
strikes or riots, then the CITY's obligation to complete said work within aforementioned time
frames shall be suspended for the period of time the condition continues to exist.
Page 2 of 2
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AGREEMENT NO.
EXHIBIT liB"
PROPOSED PROJECT PLAN
KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECT
INTRODUCTION
The Friendly Village of Kapok mobile home park was identified and prioritized in the "Comprehensive
Watershed Management Plan for the Alligator Creek Watershed" (June 1997) as the most widely
recognized and publicized flooding problem within the Alligator Creek watershed due to its severity,
frequency, and the number of affected residences. According to historic aerial photography, this area
was once a portion of the Alligator Creek floodplain and supported a hardwood swamp ecosystem.
Filling of the floodplain and stream channelization within this area started in the 1960's, and very little
of the character of the historic floodplain remains. Prior to these impacts, the creek meandered through
a forested wetland that extended for several miles. Only a remnant of the original floodplain remains on
the southern boundary of the park, and this remnant has been impacted through the impoundment of
surface water and silviculture activities that removed the original hardwood trees.
As a consequence of the construction in the former floodplain, the Kapok mobile home park area
experiences frequent severe floods, and has been plagued with flooding since the park was established.
In the 1997 study, it was established that:
Approximately one-third of the 170 structures in the park lie within the 1 O-year floodplain, The majority
of the structures lie within the 1 aD-year floodplain, which is only three feet higher than the 1 D-year event.
The three bridges that provide access to the mobile home park are flooded during a 25-year event, or
larger. Water quality has been degraded since the alterations to the floodplain, due in part to the loss of
the treatment benefits provided by the wetland plant species.
The flooding problem is of such magnitude that, in order to meet the adopted basinwide flooding level
of service criteria, it would be necessary to lower the 25-year flood elevation by approximately 2.0 feet
and the 1 DO-year flood elevation by approximately 3.5 feet in the channel reach from the Glen Oak Ave.
bridge upstream to the Cliff Stephens Park control weir structure. This situation is complicated even
further when it is considered that measures to reduce the degree of flooding in upstream reaches would
by necessity reduce the amount of floodplain storage in these areas and further aggravate the mobile
home park flooding conditions by increasing the downstream peak flow rates.
Several alternatives were considered in the 1997 watershed study to alleviate the documented flooding
problems in the Kapok mobile home park. Both upstream flood detention storage and further
channelization of Alligator Creek were deemed infeasible from an engineering and environmental
permitting standpoint. There is insufficient acreage available in the basin upstream of the mobile home
park to provide any appreciable flood detention storage to reduce peak flows to the degree that would
be required to alleviate the flood ing conditions there. The channelization alternative would require a
Page 1 of 8
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channel cross section approximately twice the width of the existing and the replacement of the three
existing bridge structures in the mobile home park. Also, a drainage and construction easement should
be required to construct the prescribed channel configuration and provide maintenance access. This
should necessitate the removal of approximately 16 mobile homes from their current sites and the
demolition of the clubhouse, pool, and laundry facilities along the channel bank. The channel
improvement program should require the excavation of a channel approximately 1.5 feet deeper than
the existing and 120 feet wide at the top of bank, beginning at the Cliff Stephens Park control weir and
continuing all the way downstream to Alligator Lake
For these reasons, the option that was adopted to alleviate the flooding conditions within the Friendly
Village of Kapok mobile home park, was the outright purchase of the mobile home park and relocation
of the residents. While this option has certain socio-political implications and a significant purchase cost,
it was also considered justifiable by the benefits of completely removing the flooding problem and the
opportunities that it presents for floodplain restoration, wetland creation and habitat improvement, water
quality improvement, and recreation and education facilities. As proposed in the 1997 watershed plan,
the existing Cliff Stephens Park control weir should be removed and a new weir structure should be
constructed at a point on the channel north of Glen Oak Avenue. This new structure should have a crest
length of 75 feet at an elevation of 9.0 feet National Geodetic Vertical Datum (NGVD) to match the
control elevation of the existing structure. Upstream of the new control structure a deep channel should
be excavated to meet that of the Cliff Stephens Park and facilitate the incorporation of the site as an
extension of the park itself. In all, the conceptual plan proposed the recreation of approximately 26 acres
of newly created wetland. As such, it should restore the area to what it was prior to the filling of the
floodplain in 1966 to construct the mobile home park.
The purpose of the PROJECT is design and permitting of the Kapok mobile home park floodplain and
wetland restoration PROJECT that was adopted in the 1997 "Comprehensive Watershed Management
Plan for the Alligator Creek Watershed." The PROJECT is not intended to fulfill any compensation
requirement for other CITY wetland impacts and therefore shall not be used by the CITY for wetland
mitigation.
FLOODPLAIN AND WETLAND RESTORATION PLAN
The proposed preliminary design for the Friendly Village of Kapok Floodplain and Wetland Restoration
PROJECT is presented as Figure 1. The key elements of the proposed plan to be accomplished by the
CITY are discussed in the following sections.
Kapok Mobile Home Park Resident Relocation
The CITY proposes to purchase the Kapok mobile home park and relocate the current residents to other
locations within the CITY as a necessary means of restoring the historical floodplain and wetland of
Alligator Creek in this area. There are currently an estimated 202 mobile home units located within the
park which should be relocated prior to PROJECT construction. In addition, the clubhouse, laundry, and
pool facilities shall be removed along with all on-site utility services prior to PROJECT construction.
Page 2 of 8
Control Structure Relocation and Site Grading
In the proposed plan, the existing Cliff Stephens Park control weir, located at the western property
boundary of the site, shall be removed and a new weir structure shall be constructed at a point on the
channel north of Glen Oak Avenue. This new structure shall have a crest length of 75 feet at an
elevation of 9.0 feet NGVD to match the control elevation of the existing Cliff Stephens Park structure.
The floodplain restoration shall require excavating and removing the fill placed on the site in the 1960s.
This fill material may be sold or used for another construction PROJECT to defray the costs of the
earthwork. The grading shall be accomplished so that no slopes exceed 4: 1, and the slopes within the
wetlands are very flat. The main channel of Alligator Creek shall be widened significantly and maintained
as an open water area upstream of the new control structure. A deep channel shall be excavated to
meet the Cliff Stephens Park existing channel and facilitate the incorporation of the site as an extension
of the park itself. With a bottom elevation of 3.0 feet NGVD, the channel cross section shall slope no
steeper than 4: 1 sideslopes to elevation 8.0 feet NGVD. As shown in the preliminary plan, the area
below elevation 8.0 feet NGVD, comprising approximately 5.5 acres, shall be open water.
The 12.2-acre zone between elevations 8.0 and 9.0 feet NGVD shall be planted as herbaceous wetlands.
The zone between elevations 9.0 and 10.0 feet NGVD, comprising another 7.2 acres, should be planted
with forested wetland species to mimic those observed in the existing wetland located on the southern
property line of the mobile home park. The remaining 10.9 acres of the PROJECT area (higher than 10.0
feet NGVD) shall be planted as forested and herbaceous uplands. The grading plan also includes
provisions for construction of a 1.0-acre parking area for public access.
The proposed grading plan for the PROJECT area shall require the removal of approximately 310,000
cubic yards of fill. The option of selling the fill shall be explored to help defray the earthwork and
transportation costs.
Upland Areas
The PROJECT shall retain an upland buffer on the northern side of the park and restore the floodplain
to historic elevations. Existing trees in the upland buffer shall be retained and additional trees shall be
planted to screen the park from the residential area to the north and the railroad tracks to provide a more
isolated experience forthe park visitor. Tree and shrub species recommended for the upland buffer area
include southern magnolia, long leaf pine, Virginia live oak, beauty berry, wax myrtle, and possum haw.
These are all native species adapted to the conditions provided by the site and shall therefore require
little maintenance. They shall also provide wildlife habitat, especially forage and cover habitat for birds.
A paved pedestrian/bike trail runs along the northern boundary of the park connecting Cliff Stephens
Park on the west to the proposed parklands to the east near Tampa Bay. Two branches off this trail shall
head south; one to the elevated boardwalk through the wetlands, and one to cross the control structure
in the northeast corner of the park. The latter trail shall allow access to the small parking area on the
eastern side of the park.
A narrow band of uplands shall also be retained on the eastern side of the park. These uplands shall
provide a small paved parking area and sidewalk that shall be meet American Disabilities Act (ADA)
Page 3 of 8
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requirements to provide access for handicapped visitors to the park. The paved sidewalk shall extend
to an elevated boardwalk that shall be discussed in the wetlands section of this narrative. This area shall
also be planted with native trees and shrubs where possible.
Wetlands Planting and Park Facilities
The restored floodplain shall include an island in the middle of the main creek channel. This island shall
be preserved from existing conditions and shall retain several existing large oak trees. The island shall
also provide a vantagepoint from which the entire floodplain can be viewed, and shall also provide an
excellent area for picnics.
The CITY, separate to this Agreement, shall construct: (i) an elevated boardwalk that shall connect the
north side of the island to the pedestrian/bike trail on the north side of the park and connect to the Cliff
Stephens Park trail system, (ii) a boardwalk from the southern side of the island shall connect an
observation deck on the southern side of the floodplain and to the parking lot on the eastern side of the
park. The observation deck shall provide a location for local schools and environmental organizations
to conduct educational lectures and for park visitors to relax and admire the wildlife. The boardwalk shall
be elevated seven feet above the mean high water elevation to prevent shading of the vegetation and
extend it above the 25-year maximum flood. elevation. The boardwalk shall be wide enough to
accommodate wheelchairs but bicycles shall be prohibited on the boardwalk. Bike racks are provided
at each entrance to the boardwalk.
The wetlands shall be planted with a variety of native trees, shrubs and herbaceous plants, including red
maple, water hickory, pop ash, loblolly bay, swamp tupelo, sweet bay, cypress, buttonbush, Virginia
shallow, swamp fern, yellow canna, sawgrass, string lily, soft rush, spatterdock, pickerelweed,
arrowhead, bulrush, alligator flag, Virginia chain fern, and water lily. These plants shall provide water
quality treatment as well as foraging and breeding habitat for wildlife. Many of the recommended plants,
such as the yellow canna, pickerelweed, spatterdock, string lily, and others have attractive flowers that
shall add to the aesthetics of the park.
The design includes five small deep-water ponds that are intended to provide foraging areas for avifau na.
As water elevations drop in the winter dry season, the fish within the wetland shall become concentrated
within these five areas and therefore become available for the foraging birds. The trees and shrubs
planted in the shallower areas around the perimeter of the wetland shall add to the buffer provided by
the upland plantings.
The restored wetland and floodplain area, along with the upland areas mentioned previously, when
added to the existing undeveloped properties on the south border of the mobile home park, shall bring
this total area to nearly 100 acres of contiguous wildlife habitat.
Flood Control Benefits
In its role as a flood control PROJECT, the proposed Kapok mobile home park floodplain and wetland
restoration PROJECT serves multiple purposes. The primary ranked flooding problem area identified
in the 1997 "Comprehensive Watershed Management Plan for the Alligator Creek Watershed" shall be
Page 4 of 8
eliminated with the relocation of the mobile home park residents. The removal of the existing Cliff
Stephens Park control weir shall also eliminate the primary contributing factor for the upstream flooding
conditions identified along the reach of Alligator Creek between Fairwood Avenue and U.S. Highway 19.
Reconstruction of a much longer weir at the downstream location shall reduce the amount of head loss
across the control weir, resulting in a reduction of the 10-, 25-, and 1 DO-year flood elevations as follows:
LOCATION 10-YEAR FLOOD 25- YEAR FLOOD 100- YEAR FLOOD
ELEVATION ELEVATION ELEVATION
Existin Pro. ected Existin Pro'ected Existin Pro'ected
14.98 14.78 (-0.20) 16.63 15.99 (-0.64) 18.20 18.10 (-0.10)
18.67 14.78 (-3.89) 19.86 15.99 (-3.87) 21.73 18.10 (-3.63)
19.01 15.72 (-3.29) 20.24 17.19 (-3.05) 22.25 19.40 (-2.85)
19.03 15.95 (-3.08) 20.25 17.45 (-2.80) 22.30 19.57 (-2.73)
For the 1 DO-year flood event, the maximum flood elevation shall be lowered at the Fairwood Avenue
bridge by 2.85 feet. Correspondingly, the 1 DO-year maximum flood elevation in Channel G should be
lowered by 2.73 feet to elevation 19.57 feet NGVD to eliminate the indicated structural flooding
conditions in adjacent apartment complexes.
In addition to the hydraulic benefits to be attained, the excavation of the PROJECT site for wetland
creation shall also provide additional floodplain storage volume within the Friendly Village of Kapok
mobile home park site that shall serve to attenuate the peak flow rate in the downstream channel
reaches. As it is, the peak flow rates downstream of the new weir structure shall be moderately
increased due to the large reduction of the maximum flood elevations in the upstream channel reaches
which were designed to address the other flooding problem areas in the watershed. The 25-year peak
flow should increase from 1,430 cfs to 1,650 cfs, and the 1 aD-year peak flow should increase from 2,400
cfs to 2,590 cfs. There is. however, no development that should be adversely impacted by the increase.
Water Quality Benefits
In addition to the potential multiple PROJECT benefits for flood control, environmental enhancement,
recreation, education, and wetland compensation, the proposed Kapok mobile home park floodplain and
wetland restoration PROJECT shallalso enhance the water quality treatment function of the existing and
proposed stormwater treatment facilities in Cliff Stephens Park and Moccasin Lake Park by adding to
a train of successive treatment. To preseNe the recreational and environmental aspects of these two
CITY owned parks. the CITY is pursuing the design, permitting, and construction of sedimentation ponds
at the inflow locations of Channel A and Channel G to Cliff Stephens Park, and Channel B as it enters
Moccasin Lake Park. These proposed facilities shall function as initial traps for the coarser sediment
load fractions of the total pollutant loadings of these channels as they enter the respective park settings
and capture an estimated 50 to 70 percent of the total suspended sediment loadings at those points.
Page 5 of 8
Subsequent to this initial treatment, stormwater flows shall be discharged to the downstream
impoundments for extended detention and further treatment by physical processes. The proposed
Kapok mobile home park PROJECT shall add to the wet detention treatment volume of the Cliff
Stephens Park impoundment, thereby providing greater residence time. More importantly. however, the
construction of 19.4 acres of herbaceous and forested wetlands at the tail end of the treatment process
shall add a bioaccumulation process to the treatment train that is presently absent. The Cliff Stephens
Park impoundment provides only a narrow fringe of wetland vegetation and little biologic uptake of
nutrients is provided. This PROJECT shall contribute this function to the treatment train and enhance
the overall pollutant removal efficiency it to control delivery of pollutant loadings downstream to Alligator
Lake and the upper Tampa Bay.
Deliverables
· Executed Consultant Contract
· Plans, 30%, 600/0, 90%
· Final Design Plans
· Copies of Permits
· Bid Documents and Tabulations
· Executed Construction Contract Documents
· Record Drawings
Project Budget
Property Purchase..
Restoration Design/Permitting/
Construction Management
CITY
$10,000,000
o
DISTRICT
$0
500,000
TOTAL
$10.000,000
500,000
Restoration Construction
o
2.500.000
$3,000,000
2.500.000
$13,000,000
TOTAL
$10,0000
The CITY, separate to this Agreement, shall be responsible for all construction costs related to
recreational park facilities including but not limited to: boardwalks, observation decks/towers and
restroom facilities.
Page 6 of 8
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Figure 2
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. crrt OJ' CLEARWATER. FLORIDA
~\ ~ ;11 PUBllC 'WORHS ADMINISTRATION
~ER W' ElfCINEEEUNC
Page 8 of 8
ITEM # 17
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Clearwater City C0l11nlissiol1
Agenda Cover 1\1cllloranduI11
Worksession Item #: PuJ '"i/::. ~
Final Agenda Item # ~
Meeting Date: 01 /24 /02
SU BJ ECT IRECOMM ENDA TION:
Approve Work Order Supplemental Agreement Number 4 to HDR Engineering, Inc. for post-design
services for the Memorial Causeway Bridge in an amount not to exceed $455,700.00,
[gJ and that the appropriate officials be authorized to execute same.
SUMMARY:
· A construction contract has been awarded for the new Memorial Causeway Bridge, with construction
anticipated to start before March 1, 2002.
· H D R 81gi neeri ng, Inc. is the desi gn engi neer for the proj eet and, as such, is req ui red to perform certai n
post-design services.
· Theses services include: shop drawing review; construction calculations; responres to contractor
requests for information; attendance at progress meetings; and construction permit certifications.
· A not to exceed fee of $455,700.00 has been negotiated and approved by Rorida Department of
Transportation staff.
· This fee is less than that estimated when preparing the final project budget presented to the
Commission on November 1, 2001.
· SJfficient funds are availablE: in capital project 315-92820, Memorial Causeway Bridge.
· A copy of the work order supplemental agreement is available for review in the City Clerk's office. .
Reviewed by:
Legal drAt
Budget ~
Purchasing ~ ~
Risk Mgmt ~
Info 8rvc
Public Works
DCM/ACM
Other
Originating Dept: PWA
Engineering (M. Quillenj11l
User Dept.
Costs
Total $455,700
Current FY $350,000
Funding Source:
CI X
OP
Other
Attachments
Submitted by:
City Manager
~~
[g] None
Appropriation Code:
315-92820.561200.541-000
Printed on recycled papor
2/98
Rev.
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III'(
J\'IEMOIUAL CAUSE'" A Y nIHD(a~
I~E))LACE]VIENT DESIGN
CITY OF CLEAn\V ATER
SUPPl.Ej'vIENTAL AGI~EE1VIENT NO.4
THIS SUPPLEMENTAL AGREEMENT, made and entered into this _ day of
2002, by and between the CITY OF CLEARWATER, an incorpornted area in Pinellas County, Florida
hereinafter called the CITY, and HDR ENGINEERING, INC., 2202 N. \Vest Shore Boulevard, Suite 250,
Tampa, Florida 33607-5755, hereinafter called the ENGINEER.
\VITNESSETH:
WHEREAS, the CITY and the ENGINEER heretofore on October 2], ] 994, entered into the
original AGREEMENT and on December 20, ]995, July 20, ]998 and October] I, 2000 entered into
SUPLEMENT AL AGREEMENT NO. I, 2 and 3, whereby the CITY retained the ENGINEER to finish
certain services in connection with SR60 Memorial Causeway Bridge Replacement; and
WHEREAS, Section IX. Additional Engineering Services and paragraph].B of Exhibit "B" of
the original AGREEMENT provided a mechanism for the ENGINEER to provide additional services as
authorized by the CITY; and
WHEREAS, the CITY has determined it appropriate for the ENGINEER to perform post design
services for deign assistance and construction assistance for a new bridge, and that the ENGINEER be
granted increased compensation as described below.
WHEREAS, the CITY Commission by majority vote on
Supp]emental Agreement and authorized execution of such;
, 2002 approved this
NOW THEREFORE, this Agreement witnesseth that for and in considerat:on of the mutual
benefits to flow each to the other, the parties agree that the ENGINEER shall perform the post design
services as described in Exhibit A of Supplemental Agreel11ent No.2, which is attached hereto and made
a part hereof, and that the ENGINEER shall receive for his services hereunder the increased maximum
amount of $455.700.00 dollars as described in EXHIBIT B, [Ittached hereto and made a part hereof.
Except as hereby modified, amended, or changed all of the terms, conditions, billing procedures,
and other administrative procedures of said Agreement [Ind any supplements and amendments thereto
shall remain in full force and effect.
Page ] of 2
. . , ~ f", ,,,4 , I . " , 1 " . I " I
(Signature page for Supplemental Agreement No.4 between the City of
Clearwater and HDR Engineering, Inc. re: Memorial Causeway Bridge)
IN WITNESS WHEREOF, the parties hereto have caused these pre~el1ts to be executed, the day and year
first above written.
Countersigned:
CITY OF CLEARW A TER, FLORIDA
By:
Brian Aungst.
Mayor-Commissioner
William B. Horne Il
City Manager
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Approved as to form and
legal' sufficiency:
Attest:
City Attorney
City Clerk
A TIEST:
HDR ENGINEERING, INC.
QlAlu-' ~ ·
Jodie M. Mutchler, Notary Public
By:
~z-r:~. ~
Paul A. Bowdoin
Sr. Vice President
2202 N West Shore Blvd., Suite 250
Tampa, FI.. 33607
.,. 'Of, Jodte M Mutch.
11"".. " caM3l'lO
'It'id'lt Mv CommlSSIOft .
~.~ .,.. Ellnlles June 10 2004
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Page 2 of2
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EXlllBIT "A"
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SCOPE OF SERVICES
FOR
THE CLEARW A TERMEMORIAL CAUSEWAY BRIDGE
FDOT REFERENCE
FPN 257093-1-32-01
F AP BRF-1456(9)
G:\SCOPE\SCP-CLRW,WPD
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form on material acceptable to the Department. Plans shall be prepared totally by
CADD
A-46
July 9, 1998
O. Community Awareness Plan
The Community A wareness Plan to be developed by the Consultant shall be in
compliance with the Department's District Seven guidelines.
VD. OPTIONAL SERYlCES
A. Optional Design Services
Optional Design Services are intended to provide for revisions or additions which
occur after the plans preparation has commenced and are essential to the objective
of this scope of services and are of the same type of work as being provided. (Refer
to Exhibit "B," Method of Compensation, for compensation provisions). Optional
Design Services shall also include Phase il, Complete Construction Plans.
Such Optional Services may include, but is not limited to, surveying, mapping,
engineering, geotechnical or other related work.
No work shall begin on these optional services until authorized in writing by the
City.
B. Optional Post Design Services
Optional Post Design Services are intended to address changed conditions that occur
following acceptance of final plans and are classified according to whether the
services are required before or after construction letting - Design Assistance and
Construction Assistance. respectively. Design Assistance consists of those Post
Design services thaI may be required to maintain the integrity and usefulness offinal
design up through the letting of construction. Construction Assistance consists of
those Post Design services that may be required to satisfactorily complete
construction.
These services are intended to deal with changed conditions or services not covered
and are not intended for Consultant errors and/or omissions.
1. Design Assistance
At the option oflhe City, the Consultant shall perform additional services in
the area of Design Assistance. (Refer to attached Exhibit liB. II Method of
Compensation, for compensation provision.)
Services may include, but are not limited to: Survey Update, Plans
Maintenance, and Expert Witness Testimony.
a Survey Update
At the direction of the City. the Consultant shall perfonn additional
field surveys required following plan completion and prior to the start
of construction due to a delay in construction contract letting, a
change in criteria or any other condition which requires additional
survey effort subsequent to plan completion.
b. Plans Maintenance
The Consultant shall perform engineering analyses and/or make
revisions to original "on-shelf' tracings or special provisions, as
requested by the City, to reflect changing conditions prior to letting.
Whenever original tracings are changed, the Consultant shall submit
to the Department one set of signed and sealed prints of the revised
sheets. This requirement is an addition to any other reproduction and
delivery instruction given by the Department in specific instances.
c. Expert Witness Testimony
The Consultant shall serve as an expert witness in legal proceedings
such as land condemnation, if required by the City.
2. Construction Assistance
The City may at its option, negotiate with the Consultant for certain
. Constnlction Assistance Services. Upon satisfactory completion of the
negotiations, a Contract addendum shall be executed with the Consultant. In
the event that an agreement cannot be reached between the City and the
Consultant regarding the Optional Services, the City reserves the right to
acquire professional engineering services in accordance with Section 287.055
Florida Statutes and DOT Procedures. (Refer to attached Exhibit liB,"
Optio"nal Services, for compensation provision.)
Services may include, but are not limited to: Plans Update, Engineering
Assistance, Expert Witness Testimony, and Review of Shop Drawings.
a. Plans Update
The Consultant shall be the custodian of the project tracings and shall
be responsible for their upkeep during the conSlJUction period.
At the conclusion of the construction, the Consultant, if requested by
the City, shall revise the tracings to reflect as-built conditions based
on marked up prints, drawings, and other data furnished to the
Consultant. At the conclusion of constnlction or at the City's request,
the Consultant shall return all tracings to the Department for its use
and file.
b. Engineering Assistance
A-47
July 8, 1998
The Consultant shan provide to the City qualified representation
during the construction phase to deal with issues concerning the
intent and interpretation of the construction contract plans and
documents prepared in the work. Should changed conditions be
encountered in the field and when requested by the City, the
Consultant shall respond in a timely manner with suitable engineering
solutions that take into account the changed conditions.
A-48
July 8, 1998
On site appearance of the Consultant shall be made during
construction at the written request of the City or its designated
representative.
From time to time during construction the Consultant may be
requested by the City or its designated representative to review
contractor proposed field changes or to respond with a recommended
solution to remedy particular field situations not covered by the plans
and specifications.
c. Expert Witness Testimony
The Consultant shall serve as an expert witness in legal proceedings
such as construction claims, if required by the City.
. d. Review of Shop Drawings
The Consultant shall be responsible for the review of construction
shop drawings. Shop drawing reviews shall be perfonned in
accordance with the Shop Drawing Review Procedure. See Chapter
19, Florida Department of Transportation Structure Design
Guidelines.
VTIl. V ALUE ENGINEERING
The Consultant shall develop the design and plans package recognizing good value
engineering practices employing value analysis as he deems necessary to support his
conclusions as shown in the plans.
IX. DESIGN DOCUMENTATION
A. Project Design Report
To facilitate design and quality assurance/control reviews of the project, the
Consultant shall conunence a written Design Report at the onset of the services. A
copy of this document shall be submitted to the Department within fourteen (14)
calendar days of the receipt of Notice to Proceed.
The purpose of the Written Project Design Report is to provide the Department with
a clear understanding of project objectives, design criteria, and procedural
approaches. Also, this document assists the Consultant, as well as the Department,
in assuring conformance to established criteria.
EXHIBIT B
METHOD OF
COMPENSA TION
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METHOD OF COMI)ENSA TION
The Consultant wiIJ be paid a Maximum Limiting Amount of $455.700.00. This amount wiJI not be
exceeded without a fully exccuted Supplcmental Agreement.
Billings shall be monthly at the rate schedule shown below.
BILLING RATE SCHEDULE
FOR
POST DESIGN SERVICES
Thru Dec. Thru Dec. Thru Dec.
Job Classification 2002 2003 2004
Project Manager $147/hr. $ 154/hr. $161/hr.
Chief Engineer $162/hr. $17 O/hr. $ 178/hr.
. Sr. Engineer/Environmental $1 16/hr. $ 122/hr. $1 28/hr.
Engineer $ 9]/hr. $ 96/hr. $IOI/hr.
Designer $ 79/hr. $ 83/hr. $ 87/hr.
CADD Technician $ 64/hr. $ 67/hr. $ 70/hr.
I Clerical/Administrative $ 49/hr. $ 511hr. $ 54/hr.
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These bilJing rates cover all labor costs including wages, salaries, fringe benefits, overhead and operating
margin.
Miscellaneous and direct out-of-pocket expenses will be billed monthly for the actual amount incurred.
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I\IISCELLt\NEOlJS & DIRECT OUT.OF.POCKET EXPENSES
FPN No.:
Prepared by:
2570931
\-lDR Engineering. Inl'.
AERIAL PHOTOGRAPHY &..P-LMllMEIRlCS
Roadway
Right-of-Way Maps
o
O.
sheets x
sheets x
TOTAL AERIAL PHOTOGRAPHY COST
MATERIAL (Mylar)
o
sheets x
TOTAL MATERIAL COST
REPRODUCTION
Blueline
Bond
Total Sheets
Cost ($/sheet)
Total Cost
(8.5x] ])
4500
$0.07
$315.00
TOTAL REPRODUCTION COST
TRA YEL
To Project From Tampa:
(Per Diem: 0 trips x
(Com) 0 trips x
(POY) 200 trips x
(Rental) 0 trips x
To District From Tampa.
(Per Diem: 0 trips x
(Com) 0 trips x
(POV) 30 trips x
(Rental) 0 tripsx
\V.P.1. No.:
Dale:
Rcvised:
$0.00 per/shect =
$0.00 per/sheet =
$0.00 per/sheet =
Xerox
(11 x 17)
900
$0.12
$] 08.00
(24x36)
400
$3.00
$] .200.00
0 people x o day/trip x
0 people x $0.00 per trip =
40 miles x $0.32 per mile =
0 day/trip x $0.00 per day +
0 people x o day/trip x
0 people x $0.00 per trip =
24 miles x $0.32 per mile =
0 day/trip x $0.00 per day +
TOTAL TRA YEL COST
OWNERSHIP SEARCH
o parcels @
TOTAL OWNERSHIP SEARCH COST
SHIPPING AND TELEPHONE
$0.00 per parcel =
o
5/221200 I
11/28/01
$0.00
$0.00
$0.00
$50.00 per diem =
o mi./trip x
$50.00 per diem =
TOTAL SHIPPING AND TELEPHONE ($50 per month of contract @ 30 month contract)
PUBLIC MEETING (Informal)
hem
Off Duty Police Officer Renta)
Newspaper Disp]ay Ad
Court Reporter
P A System
Room Rental
lln.iI Ralf
HR $22.00
EA $1,027.35
EA $580.00
EA $300.00
EA $0.00
TOTAL PUBLIC MEETING
Quan.t.i1)'
o
o
o
o
o
HDR Post Design Est2.
o mi./trip x
$0.00
I $0.001
$0.001
I $1 ,623.001
$0.00
$0.00
$2.560.00
$0.00 per mi. $0.00
$0.00
$0.00
$230.40
$0.00 per mi. $0.00
$2,790.401
$0.001
I $ 1,500.001
Io1aLCust
$0.00
$0.00 (I @ 21 day notice, I @ 7 day notice)
$0.00
$0.00
$Q.OO
$0.00
$0.001
FPN No.:
Prepared by:
OTHER
l\lJSCELLANEOUS & DmECT OlIT-OF.)lOCKET EXPENSES
2570931
HDR Enginccrinp.lnc.
Item Unil
1 I X I 7 Check Plots EA
24 x 36 Vellum/Bond Plots EA
3.Rin Binders (2") EA
Film & Develo in (24 Ex Josures) Roll
GBC Binders (I ") for Des in Cales Box
Laminated Covers/Backs for Desi n Cal EA
Screw Posts for Plans Submittals (2") Box
Smead Pressboard Binders for Com B EA
GBC Binders (1 ") for Des in Cales Box
Eleclronic File Submittals on CD EA
Overni hI Shi in for Phase Submittal Boxes
Permit Fee Application
General Permit EA
ERP EA
TOTAL OTHER COSTS
COMPUTER EXPEf:':jSES
CAD.D
EC
200 machine hours @
540 hours @
TOTAL HDR PC & CADD ALLOWANCE
TOTAL HDR EXPENSES
\V.P.1. No.:
Dale:
Revised:
o
5/22/200 I
11/2R/O I
Rate Quantil ' Cost
$0.25 0 $0.00
$6.50 0 $0.00
$8.36 0 $0.00
$16.00 0 $0.00
$12.75 0 $0.00
$0.70 0 $0.00
$35.94 0 $0.00
$2.98 0 $0.00
$12.75 0 $0.00
$50.00 0 $0.00
$50.00 0 $0.00
$350.00 0 $0.00
$3.050.00 0 $0.00
$0.001
$13.00 per hour=
$10.64 per hour =
HDR PostDesign Est2.
$2.600.00
$5.745.60
I $8.345.601
I $14.259.001
'. ","..1 ':":).";-'(,1-." .' '. ..'~ I." /c,.. . "', ". 'f ;'~, ~ ,I'.."~.': .: \' : '''. \\ ...'...... ',1, . l~" ",,' . ..' ,,"\
Clearwater City C01111nission
Agenda Cover MelTIOrandum
Worksession Item #: (:.', (h d t
Final Agenda Item # / s>
Meeting Date: ( 1 4 0
) -2 - 2
SUBJ ECT/RECOMMEN DATION:
Approve the Interlocal Agreement between Pinellas County and municipalities within Pinellas County
and the City of Clearwater's $5,000 financial contribution to the American Assembly process.
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
.
The City Manager has been actively working with the Pinellas County Administration and other City
Managers within the county to provide guidance towards a process to discuss a full range of issues
affecting Pinellas County and it's municipalities. The purpose of this discu$ion process is to ultimately
lead to a consensus County-wide on a range of significant issues affecting Pinellas County and it's
muni ci pal ities.
.
Consultants Dr. Lance deHaven-Snith and Dr. ..ames Murley were asked to make a presentation on the American
Assembly Process used in Rorida. This process has been successfully used to help various cities and counties
address issues affecting them such as growth management and annexation. These gentlemen will be retained to
facilitate the American Assembly process, assist with identification and articulation of issues, prepare a report to
which a unified policy statement will be developed and approved at the Assembly and ultimately implemented
county-wide.
.
It is 8100 believed this process will assist and lead the parties to the development of a county-wide mission and
cooperation amongst the various municipalities with Pinellas County concerning the provision of government
servi ces.
.
A Seering Committee will be established and meet monthly to prepare for the 2 %day assembly scheduled to be
held in May. The assembly will consist of approximately 100 participants selected from a broad representation of
governmental sectors, geographical areas, population groups, and relevant community interests within Pinellas
County. This group will be expected to produce policy statements regarding critical issues that will impact
Pinellas County's future.
.
The Clearwater City Commission is being asked to approve the attached Interlocal Agreement that details the cost
of the American Assembly Proce$ and associated administrative responsibilities. The City Manager's
discretionary fund will pay the cost for the City's participation of $5,000.
Reviewed bY:.~
Legal M
BUdget. nIT
Purchasing N A
Risk Mgmt N A
Originating Dept.:
City Manager's Office
User Dept.:
City Manager's Office
Attachments
Agreement
Costs
Total $5,000
Info Srvc
Public Works
DCM/ACM
Other
NA
NA
NA
Funding Source:
CI
OP
Other x
Current FY
Submitted by:--o' II J A
City Manager r:MA4 ~
o None
A ro riation Code: 181-99804
PrlntAd on rAevclAd mmAr
C tnfJ I
tilt
INTERLOCAL AGREEMENT
THIS AGREEMENT made and entered into this day of , 200_, by and
between the BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, a municipal corporation,
(hereinafter referred to as "Pinellas County"), the CITY OF CLEARWATER, a municipal corporation.
(hereinafter referred to as "Clearwater"), the CITY OF ST. PETERSBURG, a municipal corporation.
(hereinafter referred to as "St. Petersburg"), the CITY OF LARGO, a municipal corporation, (hereinafter
referred to as "Largo"), the CITY OF SEMINOLE, a municipal corporation, (hereinafter referred to as
"Seminole"), and the cities of Tarpon Springs, Indian Rocks Beach, Gulfport, Oldsmar, St. Pete Beach,
Madiera Beach, Treasure Island, and Dunedin (hereinafter referred to as "additional municipalities").
WITNESSETH:
WHEREAS, Pinellas County, Clearwater, St. Petersburg, Largo, Seminole and the Additional
Municipalities wish to utilize the American Assembly process to discuss a full range of issues affecting
Pinellas County and all of the municipalities located in Pinellas County, with the ultimate desire of leading
to a consensus county-wide on these issues; and
WHEREAS, the parties wish to employ the services of Dr. Lance deHaven-Smith of Florida State
University and Dr. James Murley of Florida Atlantic University to facilitate the American Assembly process;
and
1. The above recitals are true and correct and are incorporated herein as if set forth in full.
WHEREAS, the primary task of Dr. deHaven-Smith and Dr. Murley will be to assist with the
identification and articulation of the issues to be discussed, to facilitate open dialogue and prepare a report
to which a unified policy statement will be developed and approved at the Assembly and ultimately
implemented county-wide; and
. WHEREAS, it is believed by the parties that the American Assembly process will assist the parties
to develop a clear understanding of the roles of Pinellas County and the various cities within Pinellas
County with regard to governing Pinellas County and the municipalities within Pinellas County, including
the provision of governmental services throughout Pinellas County, which will encourage development and
the economic well-being of the entire County; and
WHEREAS, the parties believe that the American Assembly process will assist and lead the parties
to the development of a county-wide mission and cooperation amongst the various municipalities within
Pinellas County concerning the provision of government services; and
WHEREAS, the parties have agreed that Pinellas County will enter into an agreement with Florida
Atlantic University to have Dr. Lance deHaven-Smith and Dr. James Murley conduct the American
Assembly process at the cost of $51,000; and
WHEREAS. the parties wish to enter into an agreement to memorialize their understanding of the
parties involvement with the American Assembly process, including their agreement to share the costs for
the involvement of Florida State University and Florida At/antic University in the American Assembly
process.
NOW, THEREFORE, the parties, in consideration of the mutual understandings and obligations
contained herein, agree as follows:
2. Ttle parties agree to share the compensation to be paid to Florida Atlantic University in the
amount of $51,000, pursuant to the agreement between Pinel/as County and Florida Atlantic
University, as follows:
January 15, 2002
.' ".,' .II . .' , .' . : , . ~, . ' . .. .. > '. ,t, .... ".... ~ '\ . , ' , (' : . . \.
a. Pine lias County will pay $26,000.
b. The cities of Clearwater, St. Petersburg, Larfjo IInd 50111111010 will oneil pay $5,000 to
Pinellas County towards the compensation to IJO pill(f to Fiorl(f;l AlImllic Univorsity.
c. The Additional Municipalities shall oach pay CI pro rata !.I1Clrn of tl10 romail1lnu $5,000 to
Pinellas County to be paid to Florida Atlantic Unlvorslty pUr!iUiHltto lho <loroomonl between
Pine lias County and Florida Atlantic Univorsity.
3. The above amounts that are to be paid to Pinollas County by Cloarwntor, Sl. Potersburg,
Largo, Seminole and the Additional Municipalitlo!i. Shilll 1m paid to Pinollas County upon
receipt of an appropriate invoice from Floricln Atlantic: Unlvouilty to Pinollas County pursuant
to the agreement between Pine lias County and Florida Atlantic Univursity.
4. Pinellas County shall enter into an agroomunl with Florida Atlantic Univorsity to provide the
scope of services set forth in Exhibit A to this agroomonl. Tlwt awooment shall also provide
for the compensation to be paid to Florida Atlnntic Univorsity in nccordanco with the estimated
assembly budget attached as Exhibit B to this Inturlocal anruomont. The agreement between
Pinellas County and Florida Atlantic University shall provido that the compensation to be paid
to Florida Atlantic University shall equal and not oxr;uocl $51.000. Florida Atlantic University
shall be responsible for compensating Dr. doHavon Srnilll for his sorvices.
5. The parties agree that as part of tho Amorlcall Assombly process, they will establish a
Steering Committee to lead Dr. deHnvon-Srnith and Dr. Murley through the American
Assembly process. A complete listing of tho Stooring Committeo Membership is attached as
Exhibit C. One representative from oach of tho orgnnlzations listed shall be appointed to the
Steering Committee. Each Steering Committee mombor willl1avo one vote should a voting
procedure be necessary.
6. This agreement shall remain in offoct for a period of one year beginning
February 1,2002 and ending January 31, 2003, unless extended by mutual agreement of the
parties, or terminated under other provisions of this Intorlocal Agreement.
7. Any party, upon thirty (30) days writton notice, may terminate this agreement, if conditions
arise, such as lack of available funding, that dictates that it is in the public interest to terminate
this Interlocal Agreement. Should tho Interlocal Agreement be terminated, with unspent funds
remaining, the remaining amount shall bo robnto(J to the participating jurisdictions in proportion
to the respective amounts contributocl.
8. This document embodies tho wholo agroomont of the parties. There are no promises, terms,
conditions or allegations other than thoso contained herein and this document shall supersede
all previous communications, representations, and/or agreements, whether written or verbal
between the parties horoto. This Interlocal Agreement may be modified only in writing,
executed by all parties. This Intorlocal Agreoment shall be binding upon the parties, their
successors, assigns and logal represontatives. Any amendment to or modification of this
Interlocal Agreement or any alteration. oxtonsion or supplement shall be in writing and signed
by all parties.
9. If any word, clause, sontonco or pmagrnph of this Interlocal Agreement is held invalid, the
remainder of this Intorlocal Agroomont shall remain in full force and effect.
10. This Interlocnl Agroemont shnl! bo govornod and construed in accordance with the laws of the
State of Florida.
11. This Interlocal Agreomont may bo oxocutod in two or more counterparts, each of which shall
be deemed to bo an orininal, but out of which together shall constitute one and the same
instrument.
January 15,2002
2
, ,.
. I . . . , . " j "'.' ' , .
12. Prior to its effectiveness, this Interlocal Agroement and subsequent amendments thereto must
be filed with the Clerk of the Circuit Court 01 Pinollas County.
IN WITNESS WHEREOF, the parties hereto have caused tt,is Intorlocal Agroement to be executed
by their duly authorized officers, and their official seals hereto afflxod, tho day and yoar first above written.
ATTEST:
KARLEEN F. DeBLAKER, CLERK
PINELLAS COUNTY, FLORIDA, by
and through its Boord of
County Commissioners
By:
By:
Chairman
Deputy Clerk
(seal)
APPROVED AS TO FORM:
OHice of the County Attorney
3
".?, "t" ,,,\~')'
, . .' ' , . . , " .. . " ~ , " . ,"
CITY OF CLEARWATER
By:
By:
Mayor
City Clerk
APPROVED AS TO FORM:
City Attorney
4
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Exhibit "A"
16
.,....,~, ;::.:';-.~..;"~r~~~.';: ..;.~.'" ,::':'.
Professor Lance deHaven-Smith, Ph.D.
Reubin O'D. Askew School of Public Administration and Policy
Bellamy Building Room 337
Florida State University
Tallahasssee, FL 32303
(850) 349-2887
November 5,2001
City and County Managers
Pinellas County, Florida
Sent as e-mail attachment
Dear Colleagues :
Thank you for considering me, along with Jim Merle at FAU, as a possible facilitator for
an American Assembly on the roles of county and city government in Pinellas County. I am
excited about the possibility of working with you.
This letter covers a number of subjects, so I am inserting some headings to help you
follow the flow of ideas. The topics include: an overview of proposed contractual arrangements;
a description of the American Assembly process; and a proposed budget.
Contractual Arrangements
As we discussed, the Assembly would be planned, organized, and managed in a
cooperative arrangement between Florida State University and Florida Atlantic University under
a contract administered by the Pinellas County Board of Commissioners. The contract would be
funded jointly by the County, Pinellas municipalities, and perhaps other stakeholders, such as
other governments, business organizations, non-profit agencies, etc. For purposes of initiating
the Assembly planning process, the County could engage FSU for an initial fee of, say, $20,000,
and then amend the contract as additional funding comes in. Mr. Merle's role could be handled
by a subcontract from FSU to FAD. Of course, the contractual details would have to be worked
out by the attorneys for the various units involved.
The American Assembly
The American Assembly program was established in 1950 by Dwight D. Eisenhower to
provide a setting and technique for bringing diverse people together to discuss important
questions of national policy. An affiliate of Columbia University, the Assembly is a national
educational institution incorporated in the state of New York. The original American Assembly
model was subsequently adapted by scholars and policy makers in Florida to address state and
local issues.
local issues.
An American Assembly in Florida is typically scheduled for either one and one-half day
period or a two and one-half day period. The attendees are divided into groups (depending on the
total number of participants), with each group representing a cross-section of interests in
attendance. All of the discussion groups follow the same agenda and discuss the questions
concurrently. The agenda questions are prepared by the facilitators in consultation with the
Assembly Steering Committee. The discussion in each group is led by a facilitator whose role is
to stimulate open communication on the issues and provide a sense of direction in bringing the
group toward consensus. Each group also has a recorder who is responsible for taking notes and
distilling the group's ideas. Following the completion of the discussion sessions, the facilitators
and recorders meet with the conference staff to draft a consensus statement on each of the agenda
issues. On the morning of the last day, the participants are provided with a draft policy statement
that is reviewed by the group as a whole at a final plenary session. Decisions to add, delete, or
amend are made by a majority vote of the participants. The rules of parliamentary procedure
apply during the plenary session. Despite the emphasis on identifying areas of agreement and
majority viewpoints, strong minority points are sometimes made and should be incorporated into
the policy statement.
The steering committee would be advisory to the facilitators on the following matters:
The Steering Committee
Planning for the Assembly would be undertaken in consultation with a Steering
Committee selected by the facilitators in consultation with county and municipal officials. The
Steering Committee would include representation from the County Administrator's office, the
three largest cities, three additional cities, other local governments, and other important
stakeholders. The facilitators would be responsible for assuring balanced representation by
governmental sectors, geographic areas, population groups, and relevant community interests.
. The location of the Assembly.
. The date of the Assembly.
. Topics to be covered, including specific questions and issues.
. The categories of individuals and the numbers of individuals in each category to be
invited.
o The individuals to serve as facilitators and recorders.
Responsibilities of the Facilitators
The responsibilities of the facilitators would include:
. Coordinating all logistical arrangements for the Assembly, including investigating and
securing the site for the Assembly and arranging meeting facilities, and food services~
· Setting up a special program account at the University and following prescribed fiscal
procedures for receiving funds and tracking monies spent for mailing, duplicating, staff
travel. etc.;
· Monitoring revenues and expenses and providing the Steering Committee a detailed financial
accounting at the end of the Assembly, invoicing sponsors, and sending letters of
appreciation for SUPPOlt;
. Preparing the final agenda of issues and agenda questions (in consultation with the Steering
Committee) for the Assembly;
o Researching, producing, and mailing out of all background materials related to the Assembly;
. Assisting the Steering Committee in the selection of participants to assure that appropriate
sectors of the community are represented;
. Preparing and mailing invitation letters, acknowledgments, agendas, and driving directions
for the Assembly. Also, tracking acceptances and refusals and subsequent mailings to
alternates. Making follow-up phone calls to invitees who have not responded by the deadline
to confirm attendance;
. Selecting group leaders and recorders from the list of participants (in consultation with the
Steering Committee), and briefing them about the procedures to use in the small group
seSSlOns;
. Preparing the final information packets to give to participants on the first day of the
Assembly; the packets will include final agendas, a list of participants, final agenda
questions, a list of sponsors, and other appropriate materials;
. Assembling the draft policy statement for review by participants at the Assembly's final
plenary session;
. Leading participants through the plenary session; and
. Distributing the final policy statement to Assembly participants.
Budget
A proposed budget is attached. The total projected cost is $51,000. I would suggest that
half of the cost be covered by the County Commission and the other half by the cities.
Concluding Comments
I look forward to hearing back from you after you have had a chance to consider my
suggestions. Thank you again for considering me as a possible facilitator.
Lance deHaven-Smith~ Ph.!).
Biographical Sketch
Dr. Lance deHaven-Smith is a Professor in the Reubin O'D. Askew School of Public
Administration and Policy at Florida State University. He recei ved his B.A. degree from the
University of Georgia in 1975, summa cum laude, and his N1.A. and Ph.D. from the Ohio State
University in 1978 and 1980, respectively. In the Askew School of Public Administration and
Policy, Dr. deHaven-Smith teaches philosophy of science, political economy, policy analysis, and
public opinion. He is tenured and holds the rank of full professor.
The author of fourteen books, one of which won the Manning Dauer Prize for scholarship
from the University of Florida, Dr. deHaven-Smith has written and conducted research on a wide
range of topics, including political philosophy, public opinion, public policYI religion, and
national, state and local government. A fonner President of the Florida Political Science
Association, his books on Florida include The Florida Voter; Environmental Concern in Florida
and the Nation; The Almanac of Florida Politics (with Tom Fiedler, Executive Editor of the
!vliami Herald); The Atlas of Florida Voting and Public Opinion; and Govenzment in the
Sunshine State (with David Colburn, a leading Florida historian and Provost of the University of
Florida). Some of his other books are The Hidden Teachings of Jesus; Foundations of
Representative Democracy; and Philosophical Critiques of Policy Analysis.
While at FSU, Dr. deHaven-Smith has held a number of positions overseeing research
and applying academic knowledge to problems of public policy. In 1995, he served as Director
of the Citizens Commission on Cabinet Reform, a blue-ribbon committee evaluating the basic
structure of Florida's state government. In 1997-98, he was Executive Director of the Local
Government Commission II, which was appointed by the Governor, President of the Senate, and
Speaker of the House, to study the authority, capacity, and needs of Florida's cities I counties, and
special districts. And in in 1999 Dr. deHaven-Smith served as the Executive Director of the
National Public Sector Gaming Study Commission, which evaluated state and federal policy
toward gambling and gaming.
Dr. deHaven-Smith's scholarship is nationally recognized. He has appeared on Good
Morning America, the Today Show, NBC Nightly News with Tom Brokaw, CBS Nightly News
with Dan Rather, the Jim Lehrer News Hour, CNN, NPR, and other national TV and radio
shows. He has been quoted in the New York Times, the Los Angeles Times, the Chicago Tribune,
the Washington Post, the Miami Herald, the Wall Street Journal, and many other major
newspapers.
Dr. deHaven-Smith was an infantry rifleman in the U.S. Army during the Vietnam era.
He began his teaching career in 1981 as an Assistant Professor of Political Science at Florida
Atlantic University. While there, he worked his way up the academic ladder to the rank of full
Professor. He also served as Provost for four years.
Exhibit "BI
17
.; . ,. .'.~ ':"!:.. .....t-c.. .... ",,'" t '. ......"...~
.,...~..,..._."..n~ _,.v.",.
, ' , , " " . j" . ~. .' A, \ \ ';", r I j , .'., .. ',. , . "~ ' . '. ,'. , ". :', .,
ESTIMATED ASSEMBLY BUDGET
Fee for conducting Assembly
$39,000.00
ESTIMATED EXPENSES*:
Catering.*
2 'catered lunches ($20.00 per person)
5 refreshment breaks ($6.00 each/per person)
Meeting room charge (if applicable)
4400.00
3600.00
800.00
Staff Travel
Staff mileage for Committee meetings, research background
paper, and to Assembly
300.00
Duplicating/Mailing Costs
Steering Committee correspondence/mailing
600.00
Duplication of draft policy statement on Friday evening
Duplication of final policy statement
250.00
250.00
Duplication of background paper for 110 people
1000.00
Supplies
100.00
Mailing of background paper and final policy statement
700.00
Total Estimated Cost of 2 1/2 Day Assembly:
$51,000
*
Budget based on Assembly held locally with no overnight accommodations.
Estimated expenses based on 100 participants and 10 on-site staff. The actual
budget will be drawn up taking into account all pertinent costs such as actual
catering/duplicating expenses.
**
........-.:-4..;~! ~ . , "\<,. ;." ',' \~f,:l" ............. '.., "-~' .
Exhibit "e"
Pinellas County
City of St. Petersburg
City of Clearwater
City of Largo
City of Seminole
City of Tarpon Springs
City of Oldsmar
City of Indian Rocks Beach
City of Madeira Beach
City of Gulfport
City of Dunedin
City of Treasure Island
City of St. Pete Beach
Pinellas County Sheriff's Office
North Pinellas County Community
Central Pinellas County Community
South Pine lias County Community
Gulf Beach Communities
Pinellas Planning Council
Pinellas County School Board
PSTA
peelS
County-wide Chamber of Commerce (2)
CWA or other labor organization
NAACP
Regional Planning Council
Tampa Bay Estuary
Special Fire District Chiefs
18
. ,,' j .. l,r. ",' \ ..' " .,' ,', 'It' .
Prepared by & return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
RIGHT OF WAY & UTiliTIES EASEMENT J
FOR AND IN CONSIDERATION of the sum of One Dollar ($'1.00) ca~~~
hand paid to them, the receipt of which is hereby acknowledged, a~~
benefits to be derived therefrom, RAYBON RAYMOND CURTIS, ALVENirA L.
CURTIS and ALVIN C. CURTIS, JR., GRANTORS, do hereby grant, bargain
and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation, GRANTEE, its licensees, agents, successors and assigns, for the
use of the general public, easement for the purposes herein expressed over,
under and across the following described land lying and being situate in the City
o Clearwater, County of Pinellas, State of Florida, to wit:
A portion of Lot 12, I. A. MASON'S SUBDIVISION, according to
the plat thereof as recorded in Plat Book 1, Page 12, Public
Records of Pinellas County, Florida, as more particularly
described and depicted in EXHIBIT "A" attached hereto.
This easement is granted for public right-of-way and public utility
purposes.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter
upon the above~described premises and to construct, install and maintain
thereon and therein public roadway, sidewalk, curbing and utility facilities and to
inspect and alter such public roadway, sidewalk, curbing and utility facilities from
time to time.
Upon delivery and acceptance of these presents by the Clearwater City
Commission, Grantee shall tender to Grantors the sum of Two Thousand Dollars
($2,000.00) in full payment and consideration related to the grant and operation
of rights herein conveyed.
-Jj:(cr
, ' '. ' '. r', . 0 " t': 0.,.: . ,'..:" >>' ,'" '
Page 2 - Right-of-Way & Utilities Easement
Grantor: Raybon Raymond Curtis, et al
Grantee: City of Clearwater
Parcel: Lot 12, I. A. MASON'S SUB.
Grantors hereby warrant and covenant with Grantee that Grantors are the
owners of the fee simple title to the herein described easement premises, that
Grantors have full right and lawful authority to grant and convey this easement to
Grantee, and that Grantee shall have quiet and peaceful possession, use and
enjoyment of this easement.
It is expressly understood and agreed that Grantors reserve unto
themselves all rights of ownership of the easement premises not inconsistent
with the easement rights granted herein.
The easement herein granted, and the covenants and restrictions hereby
imposed, shall be easements, restrictions and covenants running with the land,
intended where appropriate to bind the Grantors property and to benefit the
Grantee. Each person, firm or entity accepting a conveyance of the, Grantors
property or any portion thereof, shall be bound by the terms, provisions or
conditions of this Grant of Easement, as if said person, firm or entity were
original parties hereto.
IN WITNESS WHEREOF, the Grantors have caused these presents to be
duly executed this 15 day of N\)v. I 2001.
-
~~
wlf~gnature
ID t'\ ~ W ~ 11<..eN"
Print Wit NESS Name
~~~R~~~
Ra on Raymo Cu rtis
Alvenna L. Curtis
WI NESS sig ature
~V 1~lA/avul.
Print WITNESS N~
~/ t-~1:;-- ---
~JiNESS signature
"-'~::Jbz (L-f 1. ~-y APDc:.K.)
Print WITNESS Name
. '",;',', ~ 'o~., 0"' " ," .'~'I L "~':.. ','".:;" " :"~..:.,. ~ u;' ','. ''':0 '.."".' o>'~
.~.~~
Notary Public - State of North Carolina
'1>\ Ov--.t '( ? ~\ ~ ~
Type/Print Name
My Commission Expires: / - I Y - z.o b'
Page 3 - Right of Way & Utilities Easement
Grantor: Raybon Raymond Curtis, et al
Grantee: City of Clearwater
Parcel: Lot 12, I. A. MASON'S SUB.
STATE OF NORTH CAROLINA
: 55
COUNTY OF MECKLENBERG
---
The foregoing instrument was acknowledged before me this /.5 day
of /"U ()V\Q rt-b 'e yo , 2001 by Raybon Raymond Curtis, who is personally
known to me or who has produced NC ~l{q O{LfJl
as identification.
STATE OF NORTH CAROLINA
: S5
COUNTY OF MECKLENBERG
The foregoing instrument was acknowledged before me this J.5 day of
1\., 0 v II!: ,......'00 y- , 2001 by Alvenna L. Curtis, who is personally known
to me or who has produced ~OL "~(Eo57:;)
as identification.
r j 'CA.4
~J'-G-rJ ~
Notary Public - State of North Carolina
"1:) \" o.AI ~, ? h-v\~ \.....
Type/Print Name
My Commission Expires: I-I ~_ 7..(J~
.' f. . "', " ,. , '.,
Page 4 - Right of Way & Utilities Easement
Grantor: Raybon Raymond Curtis, et al
Grantee: City of Clearwater
Parcel: Lot 12, I. A. MASON'S SUB.
STATE OF NORTH CAROLINA
: 5S
COUNTY OF MECKLENBERG
The foregoing instrument was acknowledged before me this /.5 day of
N lJl/~ n...b 'r> '('" . , 2001 by Alvin G. Curtis, Jr., who is personally
known to me or who has produced 1h1h en~\lrc... trivt~ L.l'<"Qh~ .. ~'S. da' \5
as identification.
~~ LdL
Notary Public - State of North Carolina
~ f 0..1\.( "Co 5", r "j-I-
Type/Print Name
My Commission Expires: /-1 y.. z,,,IJJ.
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
c~t~:' i~:_~~~~DE~CR. IPTION
CtILCM[O &:'t ewe. Nil
llM~' -.--- . ll)1 2001-10
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EXHIBIT "A"
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"'PALMETTO STREET
LEGAL DESCIPTION
A PORTION OF LOT 12, I.A.MASON'S SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 12, PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, MORE PARTICULARY DESCRIBED AS FOllOWS:
FROM THE SOUTHEAST CORNER OF SAID LOT 12,I.A. NlASON'S SUBDIVISION,
RUN N 00020'44.80" E, 25.00 FEET; THENCE S 45027'35.34" W, 35.2849 FEET;
THENCE S 89025'34.13" E, 25.0000 FEET TO THE POINT OF BEGINNING.
CONTAINING 314 Sq. Ft. (0.0072 ACRES), MORE OR LESS
POB
('Af[
8/03/01
~!(1
1
Clearwater City
Commission
Agenda Cover
Memorandum
Worksession Item #:
P 1< (
~O
I-~Y-Od-
Final Agenda Item #
Meeting Date:
SUBJ ECT/R ECOMMENDA TIO N:
Approve acceptance of a $1,726,875 grant and corresponding Conceptual Approval Agreement
between the Florida Communities Trust (FCT) and the City of Clearwater for the acquisition of 4.34
acres of land, commonly known as the Bayview Park,
, ~ and that the appropriate officials be authorized to execute same.
SUMMARY:
· The City of Clearwater in partnership with The Trust for Public Land (TPL), applied for funding for the
acquisition of 4.34 acres of land commonly known as the Bayview Park and was subsequently selected
for funding in December 2001.
· The agreement provides for up to 75% of the acquisition costs of the appraised value of the property,
not to exceed $2,302,500.
· The remaining 25%) of the purchase price of $575,625 will be funded by a match of $250,000 from
Pinellas County, $250,000 from the City of Clearwater which is available in capital project 315-93129
. and $75,625 from Trust for Public Land or private fundraising if needed. The City Commission on
August 16, 2001 approved matching funds for the city portion of the grant from retained earnings of the
General Fund.
Other
Attachments
OP
Other
· The Trust for Public Land is currently negotiating the purchase price for the property.
· The property will be used as a passive park with minimal development such as mulched nature paths,
educational signage picnic area and boardwalk to provide access to a sandy beach area on Old Tampa
Bay. Remnants of the old mobile home park will be removed and the uplands will be vegetated with
native flora. A management plan is being developed which will determine when improvements will be
needed. Total estimated cost of the phased park improvements will be approximately $180,000.
Anticipated on going maintenance cost are estimated to be $50,000 to $75,000 annually. These funds
will be included in operating budget requests when the development time line is implemented.
Alternative funding sources will be explored.
· A copy of the Agreement is available for review in the City Clerk office.
Public Works
DCM! ACM
NA
Originating Dept.:
Parks & Recreation
Kevin Dunbar
User Dept.:
Parks & Recreation
vr
./
t/
Costs
Total 250,000
Reviewed by:
legal t~
Budget. *__
Purchasing . NA
Info Srvc
NA
Risk Mgmt NA
Current
FY
Funding Source:
CIP 250,000
Submitted by:n ~ IJ M....
City Manager r;)W' ~
Printed on recycled paper
o None
A ro riatlon Code: 315.93129
-
FCT Contract Number OO-CT-
FLORIDA COMMUNITIES TRUST
FFl Award Number OO-OOO-FFl
PROJECT NAME
CONCEPTUAL APPROVAL AGREEMENT
THIS AGREEMENT is entered into on , 200_, the date
the last party executes this Agreement, by and between the FLORIDA COMMUNITIES TRUST
(FCT), a nonregulatory agency within the State of Florida Department of Community Affairs,
and [RECIPIENT NAME, a local government of the State of FloridaJa nonprofit environmental
organization] (Recipient). The intent of this Agreement is to impose terms and conditions on the
use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such
proceeds (Project Site), that are necessary to ensure compliance with applicable Florida law and
federal income tax law and to othelWise implement provisions of Sections 259.105, 259.1051,
and Chapter 380, Part III, Florida Statutes (F.S.).
* * * * * * *
WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a
nonregulatory agency within the Department of Community Affairs (Department) that will assist
local governments in bringing local comprehensive plans into compliance and implementing the
goals, objectives, and policies of the conservation, recreation and open space, and coastal
management elements of local conlprehensive plans, or in conserving natural resources and
resolving land use conflicts by providing financial assistance to local governments and nonprofit
environmental organizations to carry out projects and activities authorized by the Florida
Communities Trust Act;
WHEREAS, Section 259.105(3)(c), F.S., of the Florida Forever Act provides for the
distribution of twenty- two percent (22%) less certain reductions of the net Florida Forever
Revenue Bond proceeds to the Department to provide land acquisition grants to local
governments or nonprofit environmental organizations through the FCT for acquisition of
community-based projects, urban open spaces, parks, greenways, and recreational trail systems to
implement local comprehensive plans;
WHEREAS, the Bonds are issued as tax-exempt bonds, meaning that the interest on the
Bonds is excluded from the gross income of bondholders for federal income tax purposes;
\VHEREAS, Rule Chapter 9K-7, Florida Administrative Code (F.A.C.), describes the
procedures for evaluation and selection of lands proposed for acquisition using funds allocated to
00-000- FF 1
00/00/00
Joint Acquisition
1
. . :" ;_-'-: ~:-".'l ..~..- ,I ~. n,.:..~:'..~.,"'-"-"",.j......., :~,,'
p r:. (
1120
the FCT through the Department from the Florida Forever Trust Fund;
WHEREAS, the FCT Governing Board met on November 29-30,2001, to score, rank and
select projects that were to receive conceptual approval for funding;
WHEREAS, the Recipient's project, described in an application submitted for evaluation,
was selected for funding and in accordance with Rule Chapter 9K-7, F.A.C., and more
particularly described within this Agreement;
WHEREAS, Rule 9K-7.009(1), F.A.C., authoI1zes FCT to impose conditions for funding
on those FCT applicants whose projects have been selected for funding; and
WHEREAS, the purpose of this Agreement is to set forth the conditions of conceptual
approval that must be satisfied by Recipient prior to the disbursement of any Fer Florida
Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent
to its acquisition with the Bond proceeds.
NOW THEREFORE, FeT and Recipient mutually agree as follows:
OO-OOO-FFI
00/00/00
Joint Acquisition
2
I. GENERAL CONDITIONS
I. At least two original copies of this Agreelnent shall be executed by the Recipient
and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, as
soon as possible and before _DUE DATE_. If Recipient requires more than one original
document, the Recipient should photocopy the number of additional copies needed, and then
execute each as an original document. Upon receipt of the signed Agreements, Fer will'execute
the Agreements, retain one original copy and return all other copies that have been executed to
the Recipient.
2. The name Conceptual Approval Agreement is used to indicate that the proj ect has
been approved as a concept that was described in the Recipient's application that was submitted
and selected for funding by FCT (Application). Since the entire Project Site has not yet been
negotiated for acquisition, some elements of the project are not yet known, such as the purchase
price, other project costs, and the terms upon which an owner will voluntarily convey the
property. The Conceptual Approval Agreement is in every respect a grant contract between the
parties and sets forth the requirements arid responsibilities for acquisition and nlanagement of the
Project Site, described in the Application.
3. Conceptual approval for funding shall be until November 30,2002 (Expiration
Date). In the event that the Project Plan described in Section V. below has not been approved
by the Expiration Date, conceptual approval shall be tel111inated. The FCT may extend
conceptual approval beyond the Expiration Date if the Recipient demonstrates that significant
progress is being made toward Project Plan approval or that extenuating circumstances warrant
an extension of time. A request for an extension mllst be made in writing to FCT, fully
explaining the reason for the delay and why the extension is necessary. If the Recipient does not
request an extension, or if an extension is not granted to the Recipient by the FCT, the Florida
Forever award granted to the Recipient shall temlinate and all obligations hereunder shall cease.
4. This Agreement may be tenninated before its Expiration Date at the written
request of the Recipient. Such a request shall fully describe the circumstances that compel the
Recipient to terminate the project. A request for termination should be mailed to the FCT at the
address given in paragraph 1 above.
5. This Agreement may be terminated before its Expiration Date by the FCT ifit is
determined by the FCT that no significant progress is being made toward the acquisition of the
Project Site, non-performance by the Recipient of the requirements listed or that other
circumstances are present that would, in all likelihood, preclude or prevent the successful
acquisition of the Project Site within the established time frame. Prior to termination, notice of
the proposed termination shall be mailed to the Recipient at the address given in paragraph 13
below.
00-000- FF 1
00/00/00
Joint Acquisition
3
6. Recipient agrees to submit the documentation to FeT that is required in this
Agreement as soon as possible so that the Project Site may be acquired in an expeditious manner.
Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity
relating to the project, are strictly enforced. Failure to adhere to deadlines, whether stated in this
Agreement or associated with meetings of the FCT Governing Board, may result in delays in the
project, may result in allocation of time or resources to other recipients that responded timely,
and may result in this Agreement being tenninated by FCT.
It is the responsibility of the Recipient and its representatives to know all project
deadlines, to devise a method of monitoring the project, and to adhere to all deadlines. If the
Recipient is identified in paragraph IlL 1. below as the patty responsible for all negotiation and
acquisition activities, the Recipient shall provide a monthly status report of acquisition activities
on the Project Site to FCT. The monthly report shall contain dates that appraisals are ordered
and due, as well as dates that purchase agreements are sent to sellers and the status of each
contract, as appropriate.
~. ;:.:.~_; :'..... :-::': .... ':: ...,. :.:' r, ". ,:. '. ,:: ~ ',l\";' . ,;',' l :~ : '... 'I" .,.... ,~, '."
7. The FCT Florida Forever award granted to the Recipient will in no event exceed
the lesser of Percent ( 010) of the final total eligible project costs, as defined in Rule
9K-7.002(28), F.A.C., or Dollars And Cents
($ ), unless the FCT approves a different amount, after detenllination of the
Maximum Approved Purchase Priee as provided in Rule 9K-8.007, F.A.C., and which shall be
reflected in an addendum to this Agreement. The amount of the grant shall not exceed the
Limitation of Award provided in Rule 9K-7.003(3), F.A.C., and as advertised in the Notice of
Application
8. The grant amount stated in paragraph 7 above is based on the Recipient'sestimate
of total project costs in its Application, as well as limits on awards in the notice of application
period announcing the application cycle. When disbursing funds for the project, the FCT will
recognize the actual total project costs, defined in Rule 9K-7.002(28), F.A.C., for acquisition of
the Project Site. The total project costs will be reflected on a grant reconciliation statement
prepared pursuant to paragraph 10 below. The FCT will participate in the land cost at either the
actual purchase price, or the Maximum Approved Purchase Price based on appraisal reports that
comply with requirements set forth in Rule 9K-8.007, F.A.C., whichever is less, and multiplied
by the percent stated in paragraph 7 above.
9. The FCT Governing Board has selected the Recipient's Application for funding to
acquire the entire Project Site identified in its Application. The FCT reserves the right to
withdraw or adjust the FCT award if the acreage that comprises the Project Site is reduced or the
project design in changed so that the objectives of the acquisition cannot be achieved. Any
request for modification of the boundary of the Project Site identified in the Application may be
considered by the FCT following the procedures for submission and review of boundary
modification requests set forth in Rule 9K-7.01 0, F.A.C.
00-000- FF I
00/00/00
Joint Acquisition
4
If the Project Site is comprised of multiple parcels, an Acquisition Plan was requ~red in
the application. The FCr reserves the right to withdraw or adjust the FCT award if the priority
parcel(s), or a significant portion of the Project Site identified in the Acquisition Plan,
incorporated by reference herein and attached as Exhibit "A," cannot be acquired. Approval of
the Conceptual Approval Agreement shall constitute approval of the Acquisition Plan by FCT.
10. The FCT funds shall be delivered either in the form of eligible project costs
prepaid by FCT to vendors or in the form of a State of Florida warrant at the closing of the
Project Site, payable to the Seller or the Seller's designated agent authorized by law to receive
such payment, provided the Comptroller detemlines that such disbursement is consistent with
good business practices and can be completed in a manner minimizing costs and risks to the
State of Florida. If the Project Site is comprised of multiple parcels, FCT shall deliver at the
closing of each parcel only the share of the FCT award that cOlTesponds to the parcel being
closed. Fer will prepare a grant reconciliation statement prior to the closing of the Project Site
parcel that will evidence the amount of local match, if any is required, provided by the Recipient
and the portion of the FCT award that corresponds to the parcel being closed. Cash expended by
the FeT for eligible project costs incurred by the FCT will be recognized as pm1 of the FCT
grant award amount on the grant reconciliation statement.
11. The Recipient's local match, if any is required, shall be delivered either in the
form of eligible project costs prepaid to vendors by the Recipient; cash; eligible documented
donation by Seller of land value; or Recipient's warrant at the closing of the Project Site. If the
Project Site is comprised of multiple parcels, the Recipient shall deliver at the closing of each
parcel the share of the local match, if any is required, that corresponds to the parcel being closed.
The cash expended by the Recipient for eligible project costs incurred by the Recipient
conducting acquisition activities will be recognized as part of the local match, if any is required,
on the grant reconciliation statement prepared pursuant to paragraph 10 above. In the event that
land value is the source of local match, if any is required, the value attributed to the land local
match, if any is required, shall be detennined after an appraisal report that complies with the
procedures and requirements set forth in Rule 9K-8.007, F.A.C. Such appraisal report shall be
subject to review and approval by FCT prior to FCT funds being delivered for the project.
12. The FCT Governing Board adopted the Florida Forever Program Approved List
of Complete Applications for Series FFl Funding Cycle on November 29,2001, at which time
the Project Site becalne part of a list of lands that were approved for consideration for land
acquisition. If action initiated by the Recipient that is the local government having jurisdiction
over the Project Site, subsequent to November 29,2001, results in a governmentally-derived
higher value due to an enhanced highest and best use, the FCT acquisition activities will be
terminated unless the Seller agrees that the appraisal will be based on the highest and best use of
the Project Site on or before November 29, 2001.
Phone:
Fax:
13. Recipient hereby notifies the FeT that the following administrator, officer,
or employee is the authorized key contact, or project manager, 011 behalf of the Recipient
for purposes of coordinating project activities for the duration of the project:
Name:
Title:
Address:
Email:
00-000- FF 1
00/00/00
Joint Acquisition
5
The Recipient must notify the FCT as to any change in the authorization of the key
contact on behalf of the Recipient named above. This notification must be made in writing to the
Executive Director and signed by the appropriate authorized administrator, officer, or employee
named in paragraph III.6.d. below.
14. This Agreement may be amended at any time and must be set forth in a written
instrument and agreed to by both the FCT and the Recipient. Such amendments shall become a
part of this Agreement.
II. AUDIT REQUIREMENTS
Section 215.97, Florida Statutes, the Florida Single Audit Act, provides unifornl state
audit requirements for state financial assistance provided by state agencies over the audit
threshold as defined in that Section as follows:
1. The Recipient agrees to maintain financial procedures and support
documents, in accordance with generally accepted accounting principles, to account for the
receipt and expenditure of funds under this Agreement.
2. These records shall be available at all reasonable times for inspection,
review, or audit by state personnel and other personnel duly authorized by FCT. "Reasonable"
shall be construed according to circumstances, but ordinarily shall mean normal business hours
of 8:00 a.m. to 5 :00 p.m., local time, Monday through Friday.
00-000- FF 1
00/00/00
Joint Acquisition
6
3. The Recipient shall also provide FCT with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under
this Agreement.
4. In the event that the Recipient expends a total amount of State financial
assistance from aU state sources 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 fiscal year in
accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the
Governor and the Comptroller, and Chapter 10.550 and 10.650, Rules of the Auditor General.
Section I. 7. above indicates State financial assistance through FCT by this Agreement. In
determining the State financial assistance expended in its fiscal year, the Recipient shall consider
all sources of State financial assistance, including State funds received from FCT, except that
State financial assistance received by a nons tate entity for Federal program matching
requirements shall be excluded from consideration. The funding for this Agreement was
received by FCT as a grant appropriation.
a. The annual financial audit report shall include all management letters and
the Recipient's response to all findings, including corrective actions to betaken.
b. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring
agency and Agreement number.
c. The complete financial audit report, including all items specified in
(d) below, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Room 401, Claude Pepper B ui lding
111 West Madison Street
Tallahassee, Florida 32399-1450
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7
d. In connection with the audit requirements addressed above, the Recipient
shall ensure that the audit complies with the requirements of Section 215.97(7),
Florida Statutes. This includes submission of a reporting package as defined by
Section 215.97(2){d), Florida Statutes, and Chapter 10.550 and 10.650, Rules of
the Auditor General.
e. If the Recipient expends less than $300,000 in State financial assistance in
its fiscal year, an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, is not required. In the event that the Recipient expends
less than $300,000 in State financial assistance in its fiscal year and elects to have
an audit conducted in accordance with the provisions of Section 215.97, Florida
Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of
such an audit must be paid from recipient funds obtained from other than State
entities).
5. In the event the audit shows that the entire funds disbursed hereunder,
or any portion thereof, were not spent in accordance with the conditions of this Agreement, the
Recipient shall be held liable for reimbursement to FCr of all funds not spent in accordance with
these applicable regulations and Agreement provisions within thirty (30) days after FCT has
notified the Recipient of such non-compliance.
6. The Recipient shall retain all financial records, supporting documents,
statistical records, and any other documents pe11inent to this contract for a period of five years
after the date of submission of the final expenditures report. However, if litigation or an audit
has been initiated prior to the expiration of the five-year period, the records shall be retained until
the litigation or audit findings have been resolved.
7. The Recipient shall have all audits completed in accordance with Section 215.97,
Florida Statutes, by an independent certified public accountant (IP A) who shall either be a
certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes.
The IPA shall state that the audit complied with the applicable provisions noted above.
III. REQUIREMENTS THAT MUST BE MET PRIOR TO INITIATION
OF PROJECT SITE NEGOTIATION
1. If the Project Site consists of five or fewer ownerships, as reflected on the
Acquisition Plan, either the FCT or the Recipient may act as the party responsible for all
negotiation and acquisition activities. If the Project Site consists of six or more ownerships, as
reflected on the Acquisition Plan, the Recipient shall act as the party responsible for all
negotiation and acquisition activities. The Recipient hereby notifies the FCT that
[Note: Elect FCT or Recipient] will be the party
responsible for all negotiation and acquisition activities. If the Recipient is named herein and
represented by an agent, the Recipient hereby notifies the FeT that the Recipient's agent is.
Phone:
Fax:
Name:
Title:
Address:
Email:
2. The Recipient hereby notifies the FCT that the Recipient's Federal Employer
Identification Number(s) is
3. No later than DATE , the Recipient must deliver to FCT a written
statement from the Project Site property owner(s) evidencing that the owner(s) is willing to
entertain an offer from the Recipient and FCT. No negotiation or acquisition activity is to be
commenced prior to FCT receipt of this statement.
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4. No later than _DA TE_, the Recipient must deliver to FCT the executed
Confidentiality Agreement provided to the Recipient by FCT, pursuant to Rule 9K-8.008(3),
F.A.C.. No negotiation or acquisition activity is to be commenced prior to FCT receipt of the
executed Confidentiality Agreement.
5. The party named in paragraph 1 above as the party responsible for all
negotiation and acquisition activities, shall provide the following:
a.. Title report(s) and appraisal(s) as required by Rule 9K-8.007 (1) - (4), F.A.C.,
for review by a date not to exceed 90 days of full execution of this Agreenlent.
FCT will review and approve the appraisal(s) and determine the Maximum
Approved Purchase Price as provided in Rule 9K-8.007(5) and (6), F.A.C., ; and
b. Purchase agreement(s), based on the Acquisition Plan (if applicable), must be
approved by FCT and sent to owner(s) within 45 days of receipt of the appraisal
review memo establishing the Maximum Approved Purchase Price.
6. By execution of this Agreement, the Recipient affirms that:
a. the Recipient is ready, willing and able to provide the local match, if any is
required;
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9
b. the Recipient reaffirms the representations made in its Application;
c. the Recipient shall, on January 30 of each year after acquisition of the
Project Site, , prepare and subnlit to FCT an annual stewardship report as
required by Rule 9K-7.013, F.A.C.;
d. the Recipient authorizes the administrator, employee, or
officer named in this paragraph to execute all documents in connection
with this project on behalf of the Recipient, including but not limited to the
Conceptual Approval Agreement or any addenda thereto, purchase
agreement for the property, grant reconciliation statement, closing
documents, statements submitted as a part of the project plan, and Grant
Award Agreement:
Name:
Title:
Address:
"..I'.,'~'I"- .=....,u ",: ..,,\,' ~I.'.'- ':. .~..:\ . '" ': "',: ..."~' ":.'~' "'" ',,', ''. . " t
,~.' \, ,'.~ ,I ,'" : :~.. . " .'. '^ ", : ,',1,:', '. ....;\ .' . ..'. t~ ''''; ,'i. '. .J, ;', ..'.,"pt, ",."" ,'1 v..:"..";
Phone:
Fax:
Email:
The Recipient must notify the FeT as to any change in the authorization of the
administrator, officer or employee named in this paragraph to execute all documents on behalf of
the Recipient. This notification must be made in writing to the Executive Director and signed by
the appropriate administrator, officer or employee.
IV. MANAGEMENT PLAN APPROVAL
1. Prior to approval of the Project Plan (described in Section V below), signature
of the purchase agreement(s), closing(s) of the real estate transaction(s) and final disbursement of
award funds by FCT, the Recipient must prepare a Management Plan that complies with Rule
Chapter 9K-7.011, F.A.C., and addresses the criteria and conditions set forth in Sections IV, VI,
VII, VIII, IX, and X herein. Recipient is strongly urged to coordinate with the FCT staff
in order that the FCT approval of the Management Plan occurs prior to the closing date of the
real estate transaction(s) associated with the project and delivery ofFCT funds.
2. The Management Plan, which is intended to explain how the Project Site will
be managed to further the purposes of the project and meet the tenus and conditions of the
Conceptual Approval Agreement, shall include the following:
a. An introduction containing the project name, location and other
background information relevant to management.
b. The stated purpose for acquiring the Project Site as proposed in the
Application and a prioritized list of management objectives.
c. The identification of known natural resources including natural
communities, listed animal species, soil types, surface and groundwater
characteristics and a plan to inventory all unknown resources.
d. A detailed description of all proposed uses including existing and
proposed physical and access improvements.
e. A detailed description of proposed restoration or enhancement
activities, if any, including the objective of the effort and the techniques to
be used.
f. A scaled site plan drawing showing the project site boundary, existing
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10
and proposed physical improvements and any natural resource restoration
or enhancement areas.
g. A description of management needs and problems associated with
implementing the Management Plan.
h. The identification and protection of known cultural or historical
resources and a commitment to conduct surveys prior to any ground
disturbing activity, if applicable.
i. A description of proposed educational displays and programs to be
offered, if applicable.
j. A description of how the management will be coordinated with other
agencies and public lands, if applicable.
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k. Cost estimates based on categories established by the Land
Management Uniform Accounting Council.
1. A schedule for implementing the development and management
activities of the Management Plan.
m. Funding sources to implement the Management Plan.
3. If the Recipient is not the proposed managing entity, the Management Plan must
include a signed agreement between the Recipient and the managing entity stating the managing
entity's willingness to manage the site, the manner in which the site will be managed to further
the purpose(s) of the project, and identification of the source of funding for management.
4. To ensure that future management funds will be available for the management of
the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, F.S., the Recipient(s)
shall be required to provide the Trust with Reasonable Assurance, pursuant to Rule 9K-
7.002(32), F.A.C., that they have the financial resources, background, qualifications and
competence to manage the Project Site in perpetuity in a reasonable and professional manner.
Where the Recipient does not include at least one Local Government, the Trust may: require the
Recipient to post a performance or other bond in an amount sufficient to insure performance by
the Recipient that the Project Site shall be reasonably and professionally managed in perpetuity;
require the Recipient to establish an endowment or other fund in an amount sufficient to insure
performance; require a guaranty or pledge by the Local Governlnent, in whose jurisdiction the
Project Site is located, which shall require the Local Government to take over the responsibility
for management of the Project Site in the event the Nonprofit Environmental Organization is
unable to, and may require the Local Government to be a named co-signer on the Grant Award
Agreement; or require such other assurances as may be necessary to adequately protect the public
interest.
V. PROJECT PLAN APPROVAL
1. Prior to FCT approval of the signed purchase agreement(s), closing(s) of the real
estate transaction(s) to acquire the Project Site, and final disbursement of award funds by FCT,
the Recipient must submit to FCT a Project Plan that complies with Rule 9K-8.011, F.A.C. This
Project Plan is a compilation of the following items listed below, which must be reviewed and
approved by FCT. In the event that the Recipient is a partnership, the Recipient must also
provide FCT with the interlocal agreement that sets forth the relationship among the partners and
the fiscal and Inanagement responsibilities and obligations incurred by each partner for the
Project Site as a part of its Project Plan.
The Project Plan shall include, and shall not be considered by FCT unless it includes all
of the following documents, to be reviewed and approved by FCT to ensure that the interest of
the State of Florida will be protected:
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12
a. A purchase agreement for acquisition of the Project Site, in a form
approved by the FCT staff prior to being executed by the Seller, such agreement fully
executed by both the Seller and the Recipient, that is based on an appraisal(s) approved by
FCT and consistent with the requirements of Rule Chapter 9K-8, F.A.C..
b. A letter from FeT indicating approval of the Management Plan written
according to Rule Chapter 9K-7.011, F.A.C., and as described in Section IV above.
c. A statement of the total project cost, including all non-recurring costs of
project development as defined in Rule Chapter 9K-7.002(28), F.A.C.
d. A statement of the amount of the award being requested fronl the FCT.
e. A statement from each local govemnlent in whose jurisdiction the Project
Site is located that the Project Plan is consistent with the local comprehensive plan.
f. Evidence that the conditions imposed as part of the Conceptual Approval
Agreement have been satisfied.
g. A signed statement from the Recipient evidencing that after conducting a
diligent search, the Recipient, to the best of its knowledge, represents that there are no existing or
pending violations of any local, state, regional and federal laws and regulations on the Project
Site.
2. The FCT strongly encourages the Recipient to request a courtesy review of its
entire Project Plan, prior to submission of the Project Plan for approval and release of funds. The
FCT will recommend approval of complete and accurate Project Plans or disapproval of
incomplete or insufficient Project Plans. Recipient is strongly urged to coordinate with the FCT
. staff in order that the FCT review of the Project Plan coincides with the closing date of the real
estate transaction(s) associated with the project.
3. Real estate transactions associated with the project may close only after FCT
approval of the Project Plan and compliance with all purchase agreement requirements. In
addition. pursuant to Rule 9K-8.011(4), F.A.C., the FCT shall publish a Notice of Approval for
Florida Forever funds in the Florida Administrative Weekly that shall list each Project Plan that
has received approval for funding and the amount of funding approved. Any person with a
substantial interest that is or may be detennined by the decision of the FCT to reject or approve
the Project Plan may request an administrative proceeding pursuant to Section 120.57, F.S.,
within 21 days from publication of the Notice of Approval for Florida Forever funds. Real estate
closings associated with the project may close only after expiration of the 21-day notice period,
so long as no requests for an administrative proceeding have been filed.
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VI. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY
CHAPTER 259 AND CHAPTER 380, PART III, F.S.
RECIPIENT AGREES AS FOLLOWS:
1. FCT shall approve the terms under which the interest in land is acquired, pursuant
to Section 380.510(3), F.S. Such approval is deemed given when the FCT approves and' executes
the purchase agreement for acquisition of the Project Site, further described in Section V.1.a.
above, to which FCT is a party.
2. Title to the Project Site shall be titled in the Recipient, unless the Recipient
specifically requests that title shall permanently vest in the Board of Trustees of the Internal
Improvement Trust Fund (Tlustees). Such request shall be subject to the approval ofFCr and the
Trustees. The Recipient hereby elects that title to the Project Site shall be vested in
[Note: Insert either the name of Recipiellt or Board of Trustees of III terllal Improvemel,t Trust FlIJld.] If
the Recipient elects that title shall vest in the Trustees, then all acquisition activities shall be
administered by the Division of State Lands as specified in Section 253.025, F.S., and Rule 18-1,
F.A.C. FCT signature of this Abrreement shall constitute approval of this election.
3. The transfer oftitIe to the Recipient for the Project Site shall not occur until the
requirements for the acquisition of lands, as specified in Section 380.507(11), F.S., and Rule
Chapter 9K-8, F.A.C., have been fully complied with by the Recipient and FCT.
4. Each parcel to which the Recipient acquires title in the Project Site shall be
subject to such covenants and restrictions as are, at a minimum, sufficient to ensure that the use
of the Project Site at all times complies with Section 375.051 and 380.510, F.S.; Section 11(e),
Article VII of the State Constitution; the applicable bond indenture under which the Bonds were
issued; and any provision of the Internal Revenue Code or the regulations promulgated
thereunder that pertain to tax exempt bonds and shall contain clauses providing for the
conveyance of title to the Project Site in the Board of Tnlstees of the Internal Improvement Trust
Fund upon failure to use the Project Site conveyed thereby for such purposes.
5. A Grant Award Agreement containing such covenants and restrictions as
referenced in paragraph 4 above and describing the real property subject to the Agreement shall
be executed by the FCT and Recipient at the time of the conveyance of the Project Site and shall
be recorded in the county(s) in which the Project Site is located. The Grant Award Agreement
shall restate the conditions that were placed on the Project Site at the time of project selection
and initial grant approval. All statements contained in the Grant Award Agreement are contained
in this Conceptual Approval Agreement, with the exception of statements that do not survive the
real estate closing of the Project Site.
6. If any essential tenn or condition of the Grant Award Agreement is violated, and
the Recipient does not correct the violation within 30 days of written notice of violation, title to
all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal
Improvement Trust Fund. The deed transferring title to the Project Site to the Recipient shall set
forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund.
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14
7. The interest acquired by the Recipient in the Project Site shall not serve as
security for any debt of the Recipient.
8. If the existence of the Recipient terminates for any reason, title to all interest in
real property it has acquired with the FCT award shall be conveyed or revert to the Board of
Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with
another local government or nonprofit organization which agrees to accept title to all interest in
and to manage the Project Site.
VII. OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF PROJECT
FUNDING
1. Following the acquisition of the Project Site, the Recipient shall ensure that the
future land use designation assigned to the Project Site is for a category dedicated to open space,
conservation, or outdoor recreation uses as appropriate. Ifan amendment to the applicable
comprehensive plan is required, the amendment shall be proposed at the next comprehensive
plan amendment cycle available to the Recipient subsequent to the Project Site's acquisition.
2. Recipient shall ensure, and provide evidence thereof to FCT, that all activities
under this Agreement comply with all applicable local, state, regional and federal laws and
regulations, including zoning ordinances and the applicable adopted and approved
comprehensive plan.
3. The Recipient shall, through its agents and employees, prevent the unauthorized
use of the Project Site or any use thereof not in conformity with the Management Plan approved
by the FCT as a part of the Project Plan.
4. FCT staff or its duly authorized representatives shall have the right at any time to
inspect the Project Site and the operations of the Recipient at the Project Site.
5. All buildings, stnlctures, improvements, and signs shall require the prior written
approval ofFCT as to purpose. Further, tree removal, other than non-native species, and major
land alterations shall require the written approval ofFCT. The approvals required frOln FCr shall
not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures,
buildings, improvements, signs, vegetation removal or land alterations will not adversely impact
the natural resources of the Project Site. The approval by FCT of the Recipient's Management
Plan addressing the items mentioned herein shall be considered written approval from FCT.
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VIII. OBLIGATIONS OF THE RECIPIENT RELATING TO TIlE USE OF
BOND PROCEEDS
1. FCT is authorized by Section 380.510, F.S., to impose conditions for funding on
Recipient in order to ensure that the project complies with the requirements for the use of Florida
Forever Bond proceeds including without limitation the provisions of the Internal Revenue Code
and the regulations promulgated thereunder as the same pertain to tax exempt bonds.
2. If the Project Site is to remain subject, after its acquisition by the Recipient and/or
the Trustees, to any of the below listed transactions, events, and circumstances, the Recipient
shall provide at least 60 days advance written notice of any such transactions, events, and
circumstances to FCT, and shall provide to FCT such infomlation with respect thereto as FCT
reasonably requests in order to evaluate the legal and tax consequences of such activity or
interest for FCr approval. Recipient agrees and acknowledges that the following transactions,
events, and circumstances may be disallowed on the Project Site as they may have negative legal
and tax consequences under Florida law and federal income tax law. The Recipient further agrees
and acknowledges that the following transactions, events, and circumstances may be allowed up
,"": :~ ':' :',. .' {.I:': ~'., \' ,J ':c' , '.,. ... ~ .... . '! \>. . ;. .,., : ,~, ~ ,.', '; ~ '; . ~..: ,"' .. ,'.. ',:"'''. I, . ',,:' . ," _' ',':' .
to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations
of the Internal Revenue Service:
a. any sale or lease of any interest in the Project Site to any person or
organization;
b. the operation of any concession on the Project Site by any person or
organization;
c. any sales contract or option to buy things attached to the Project Site to be
severed from the Project Site, with any person or organization;
d. any use of the Project Site by any person other than in such person's
capacity as a member of the general public;
e. any change in the character or use of the Project Site from that use
expected at the date of the issuance of any series of Bonds from which the disbursement is to be
made;
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f. a management contract of the Project Site with any person or organization;
or
g. such other activity or interest as may be specified from time to time in
writing by FCT to the Recipient.
The foregoing are collectively referred to as the "disallowable activities."
IX. DISALLOW ABLE ACTIVITIES/REMEDIES
In the event that FCT detennines at any time or from time to time that the Recipient is
engaging or allowing others to engage in disallowable activities on the Project Site, the Recipient
agrees to immediately cease or cause the cessation of the disallowable activity upon receipt of
written notice from the FCT. To the extent allowed by law, Recipient hereby indemnifies and
agrees to hold FeT harmless from all claims, causes of action or damages of any nature
whatsoever arising from or with respect to disallowable activities on the Project Site. Nothing
herein shall be deemed a waiver of the Recipient's sovereign immunity. In addition to all other
rights and remedies at law or in equity, FCT shall have the right to temporary and permanent
injunctions against Recipient for any disallowable activity on the Project Site.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT
AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES, OR NON
GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE
WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE
TEAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF
UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY
COMPLIED WITH BY THE CONTRACTING PARTY.
x. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE
ADDRESSED IN THE MANAGEMENT PLAN
The Management Plan for the Project Site is mentioned throughout this Agreement, and
is particularly described in Section IV. above. In addition to the various conditions already
described in this Agreement, which apply to all sites acquired with FCT funds, the Management
Plan shall address the following conditions that are particular to the Project Site and result from
either commitments made in the application that received scoring points or observations made by
the FCT staff during the site visit described in Rule 9K-7.009(1), F.A.C.:
[ADD SPECIFIC CONDITIONS HERE]
RECIPIENT NAME
FLORIDA COMMUNITIES TRUST
This Agreement including Exhibit "A", ifrequired, embodies the entire agreement
between the parties.
THE FLORIDA COMMUNITIES TRUST'S OBLIGATION TO PROVIDE FUNDS
UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION
BY THE LEGISLATURE.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement..
By:
Print Name:
Title:
Date:
By:
Janice Browning
Executive Director
Date:
Approved as to Fonn and Legality:
By:
Print Name:
Approved as to Fonn and Legality:
By:
Ann J. Wild, Trust Counsel
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, ! . '.,' ,t'. I ., I . .. ' , .. ,;."
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.' \ ' ," 0 ' f: '. . " '. '.',,' ~ ' ' .' ". '= ,"
Clearwater City
Commission
Agenda Cover
Memorand urn
Worksesslon Item #:
])~ ~
Final Agenda Item #
~
Meeting Date: Jan. 24,2002
SUBJECT IRECOMM ENDA TION:
Pass on first reading Ordinance No, 6926-02, revising Appendix A, Schedule of Fees, Rates,
and Charges, V. Buildings and Building Regulations (~47.087), code of ordinances, to add a
flat fee of $40 for tent permits related to approved neighborhood activities.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
Currently, the fee required for tent permits is $40.00 for a tent up to 20 feet by 40 feet in size and $50.00
for a tent greater than 20 feet by 40 feet in size. There is no separate fee for tents erected for
neighborhood block parties that have been approved by the Neighborhood Services Division. In this
situation, each tent is currently subject to the fees listed above.
Staff recommends approval of the attached ordinance to amend the fees to include a flat fee of $40.00 to
. erect one or more tents for a neighborhood event as approved by the City's Neighborhood Services
Division.
N/A
Originating Dept.:
Development Services Dept.
( eff Kronschnabl Director
User Dept.:
Development Services Dep
(Jeff Kronschnabl, Director
Attachments
Ord. #6926-02
Costs
Reviewed by:
Legal . ,/,... J
,,!-'"
I ,.
N/A
N/A
Info Srvc
N/A
Total
Budget
Purchasing
Public Works
DeMl ACM
Current FY
Funding Source:
CI
Risk Mgmt N/A
Other
OP
Other
Submitted by:
City Manager
llta M.wa..,
o None
A ro riation Code:
Printed on recycled paper
ORDINANCE NO. 6926-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE BUILDING AND DEVELOPMENT
REGULATIONS; AMENDING APPENDIX A, SCHEDULE OF FEES,
RATES AND CHARGES RELATING TO SECTION 47.087,
ADDING A NEW TENT PERMIT FEE RELATED TO CITY
APPROVED NEIGHBORHOOD ACTIVITIES; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Appendix A, Schedule of Fees, Rates and Charges, Code of Ordinances, V. Buildings
and Building Regulations (E47.087), is amended to read:
APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES
'It
'It
'It
'It
'It
V. BUILDINGS AND BUILDING REGULATIONS (E47.087):
Permit fees and charges:
'It
'It
'It
'It
'It
(2) Fee schedule. In the case of reviews, inspections and similar activities associated with
building and related codes requiring a permit, the following schedule of fees shall apply:
*
'It
'It
'It
'It
(g) Miscellaneous permits:
'It
'It
'It
'It
'It
3. Tent permit (may require electric) up to 20 feet by 40 feet.... ... ... ... ... ...... .......$ 40.00
Tent permit (may require electric) greater than 20 feet by 40 feet............ .......$ 50.00
Tent permits for neighborhood events held by neiahborhood associations. community
based oraanizations and not-for-profit oraanizations. as approved by the Neighborhood
Services Division...... ................... ...... ........ ........ ... ... ........$ 40.00
'It
'It
'It
'It
'It
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
Approved as to form
Attest
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau,
City Clerk
Ordinance 6926-02
.]) -) -~
:ti :J-I
Clearwater City
Commission
Agenda Cover
Memorandum
Worksession 110m #: C 6. S I
Final Agenda Itom # d~
Meeting Dote: 1/24/02
SUBJECT/RECOMMENDA TION:
Adopt Resolution #02-02 approving the All Requirements Gas Services Agreement with Florida Gas Utility
(FGU) and necessary documents to accomplish same,
IBl and that the appropriate officials be authorized to execute same.
SUMMARY:
· The purpose of this agenda item is to approve a new Gas Services Agreement with Florida Gas Utility (FGU).
The City Commission on September 28,2000, approved the original Gas Services Agreement that allowed the
City to become a member of FGU. The new All Requirements Gas Services Agreement incorporates many
changes to the existing agreement. Some of the major changes include a longer notification period to leave
FGU, obligating 1000/0 of our gas supply purchase needs through them, and the ability to offer financial
products/risk management consulting to the City.
· FGU is a not for profit joint action agency made up of 22 Florida Cities including Clearwater. FGU is requesting a
new contract be signed in an effort to create a more stable, long-term agency. Obligating 100% of our gas
supply and a longer notification period will create a stronger credit relationship between FG U and the suppliers
from which they purchase gas. We have, in fact, purchased all of our new supply needs thru FGU since we have
joined as a member system and have every intention of doing so in the future. Having stronger credit will allow
FGU to purchase gas from a larger list of suppliers at potentially lower prices. Lack of such contracts in the past
has sometimes not allowed FGU to exercise the lowest cost gas purchases. In addition, FGU's ability to offer
financial products to CGS will help reduce financial risk during times of high gas prices.
. To continue being a member of FGU, a new Resolution and All Requirements Gas Services Agreement must be
approved by the City Commission, or a $1,033,000 letter of credit on behalf of FGU must be provided by the City of
Clearwater. The City Finance Director does not recommend tying up the City's money for this purpose. Therefore,
signing the All Requirements Agreement is the most appropriate action to take.
. The All Requirements Gas Services Agreement is available in the City Clerk Department for review.
Originating Dept: Gas
Brian Langille: x7406
User Dept.
Clearwater Gas System
Attachments
Florida Gas Utility: All
Requirements Agreement
Summary
o None Res 02-02
Costs
Total N/A
Reviewed by:
Legal ~ Info Srvc N/A
Budget N/A Public Works N/A
Purchasing N/A DCM/ACM
Risk Mgmt N/A Finance
Funding Source:
Current FY
CI
OP
Other
Submitted by:
City Manager
~-~-
A ro rlatlon Code:
Printed on recycled paper
Rev. 2/98
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RESOLUTION NO. 02-02
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING
THE FORM OF AN ALL REQUIREMENTS GAS SERVICES AGREEMENT
FOR THE PURCHASE AND SALE OF GAS AND OTHER SERVICES AND
AUTHORIZING NEGOTIATIONS OF RELATED FINANCIAL PRODUCTS AND
FINANCIAL INSTRUMENTS AS PROVIDED FOR THEREIN; AUTHORIZING
THE EXECUTION OF THE ALL REQUIREMENTS GAS SERVICES
AGREEMENT AND RELATED INSTRUMENTS AND AUTHORIZING THE
DELIVERY OF SUCH INSTRUMENTS TO FLORIDA GAS UTILITY;
PROVIDING FOR THE MAKING OF PAYMENTS PURSUANT TO SAID ALL
REQUIREMENTS GAS SERVICES AGREEMENT, AND MAKING CERTAIN
COVENANTS IN CONJUNCTION WITH SAID PAYMENTS; PROVIDING FOR
THE MAKING OF PAYMENTS PURSUANT TO SAID FINANCIAL
INSTRUMENTS PROVIDING FOR FINANCIAL PRODUCTS AUTHORIZED
BY THE ALL REQUIREMENTS GAS SERVICES AGREEMENT AND
IMPLEMENTED BY THE MEMBER REPRESENTATIVE, AND MAKING
CERTAIN COVENANTS IN CONJUNCTION WITH SAID PAYMENTS;
PROVIDING FOR THE APPOINTMENT OF THE MEMBER
REPRESENTATIVE; PROVIDING CERTAIN OTHER AUTHORIZATIONS;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING CERTAIN OTHER
DETAILS WITH RESPECT THERETO.
c ~;S (
t:1:/2:}...
WHEREAS, the City of ClealWater, Florida ("Member"), wishes to satisfy its
obligations as a Member of Florida Gas Utility CFGU") by purchasing a supply of natural gas
and financial products and seNices related thereto, from FGU by entering into an All
Requirements Gas Services Agreement, a proposed form of which is attached hereto as
Exhibit A (the "All Requirements Gas Services Agreement); and
WHEREAS, in order to provide the benefits of the gas supply and other
services to Members of FGU and in order to assure the flexibility in pricing and other services
provided by the All Requirements Gas SeNices Agreement, it is necessary for Member to
authorize and approve the form of the All Requirements Gas Services Agreement with such
changes, insertions, omissions and filling in of blanks as may be approved by the officers of
Member approving such Agreements, which duty and responsibility is delegated hereby to
such officers; and
WHEREAS, in order to take advantage of certain Financial Products as
provided in Financial Instruments described in the All Requirements Gas Services Agreement
(together with the All Requirements Gas Services Agreement, sometimes collectively called
the "Agreements"), it is necessary for Member to authorize Member Representative to give
the Directive provided for in the All Requirements Gas Services Agreement, binding Member
for the obligations set forth therein; and
WHEREAS, it is necessary for the governing body of each Member of FGU
choosing to do so, to approve the form of the All Requirements Gas Services Agreement and
authorize the execution of the other Agreements authorized hereby and thereby, and the
execution and delivery by its authorized representatives of the All Requirements Gas
Services Agreement and other Agreements and Directive pertaining to Member; and
Resolution 02-02
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WHEREAS, Member desires to take certain other actions and make certain
authorizations and delegations of authority with respect to the Agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CLEARWATER,
FLORIDA, that:
Section 1. Authority. This Resolution is adopted pursuant to the Constitution
and laws of the State of Florida, including, particularly, Section 163.01 t Florida Statutes, and
Chapter 166, Florida Statutes.
Section 2. Definitions. Unless the context otherwise requires, all terms used
herein in capitalized form shall have the same meanings ascribed to such terms in the
Agreements.
Section 3. Findinqs. It is hereby ascertained, determined and declared that
Member is authorized under the authority cited above to approve the form of the Agreements
in the manner herein provided.
Section 4. Approval of Form of All Requirements Gas Services Aqreement and
Other Aqreements Authorized Thereby. The form of the All Requirements Gas Services
Agreement, attached hereto as Exhibit A, is hereby approved, with such changes, insertions,
omissions and filling in of blanks therein as may be approved and made to such form of the
All Requirements Gas Services Agreement by the officers designated in Section 9 below,
executing the same in the manner consistent with the provisions of this Resolution. The duty
and responsibility for negotiating and approving modifications or amendments to the All
Requirements Gas Services Agreement and negotiating and approving of any Financial
Instruments described therein and in this Resolution are hereby delegated to the officers
designated in Section 9 below. Such execution and delivery of the final forms of the
Agreements shall be conclusive evidence of the approval of the Agreements by the officers
executing the same and Member shall be bound by the Agreements as executed and
delivered. Such officers are hereby authorized to deliver the Agreements, as so negotiated,
modified and amended, as executed, to FGU for its consideration and execution.
Section 5. Particular Covenants.
A. The payments required to be made by Member pursuant to the
provisions of Section 4(g) of the All Requirements Gas Services Agreement shall constitute
an obligation of Member payable as an operating expense of Member's System ("System")
solely from the revenues and other available funds of Member's System, and such payments
shall be made as provided in the All Requirements Gas Services Agreement and subject to
the provisions thereof, to the extent such payments would constitute operating expenses
under Member's indentures, bond resolutions or other bond documents entered into in
connection with the financing of Member's System.
B. If such payments are not treated as operating expenses, such payments
shall be made by such Member pursuant to the provisions of Section 4U) of the All
Requirements Gas Services Agreement and shall constitute an obligation payable solely from
the revenues of Member's System which revenues are pledged therefor, subject and
subordinate to certain payments as provided in said Section 4U).
2
Resolution 02.02
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C. Member shall not be required to make such payments from taxes or
revenues other than the revenues of Member's System. The obligations of Member to make
payments under the Agreements shall not constitute a debt of Member within the meaning of
any constitutional or statutory provision or limitation or a general obligation of or pledge of the
full faith and credit of Member. Member shall never be required under the Agreements to
levy ad valorem taxes on any real property to make said payments, and the obligations of
Member thereunder shall not constitute a lien upon any tangible property owned by or located
within the boundaries or the service area of Member, but shall be payable solely from the
aforementioned revenues. No obligee under the Agreements shall ever have the power to
require or compel the levy of ad valorem taxes upon any property of Member or within its
boundaries or service area to make any of the payments required to be made under the
Agreements.
D. The provisions of the Financial Instruments creating Financial Products
as described in the All Requirements Gas Services Agreement obligating Member for certain
payments thereunder and to perform certain covenants will constitute obligations of Member
enforceable against it in accordance with the respective terms thereof, including, but not
limited to the payment of any "termination payment" or other obligations of the kind described
in ExhibitA to the All Requirements Gas Services Agreement.
Section 6. System Revenues. The estimated revenues to be derived by
Member from its System will be sufficient to make the payments required to be made by
Member pursuant to the Agreements, to pay all operating expenses of Member's System,
and to make all payments of principal of and interest on Member's outstanding obligations for
bonded or other indebtedness.
Section 7. Rate Covenant. Under the terms of the Agreements, Member
agrees that it will establish, impose, maintain, enforce and collect rates, fees and charges for
all services and facilities of its System sufficient to produce revenues at the times and in the
amounts required to' pay all costs of the supply of Gas and other energy or other output and
other services for Member's System, including the payments to be made under the
Agreements, as well as all other costs of operation, administration, maintenance and debt
service of the System and all other amounts payable from or constituting a lien or charge on
the revenues of Member's System.
Member will provide to FGU, or its designee, annually, promptly upon its
preparation, but no later than one hundred eighty (180) days after the end of its Fiscal Year,
a copy of its annual audit and such other financial and other records as may be required by
the Agreements.
Section 8. Appointment of Member Representative. As required by Section 28
of the All Requirements Gas Services Agreement, the individual who shall serve from time to
time as City Manager of Member, or the individual who shall serve from time to time as either
the Managing Director & Executive Officer, or the Gas Program Coordinator/Gas Supply &
Technology Engineer, of Clearwater Gas System of Member shall serve as the Member
Representative authorized to take such actions as are provided in Section 28 of the All
Requirements Gas Services Agreement, including the giving of instructions and Directives to
FGU for the negotiation and execution of Financial Instruments that will be legally binding
upon Member, and otherwise to fulfill all duties of such representative under Section 28 of the
3
Resolution 02.02
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All Requirements Gas Services Agreement. The Member Representative shall have full
authority to represent and bind Member for all purposes authorized by the All Requirements
Gas Services Agreement, including those matters set forth in Section 28, including Section
28(2) thereof, until such Member Representative shall be changed by Member and written
notice of such change shall be given to FGU. FGU may rely upon any instructions, as well as
a Directive or Addendum executed by Member Representative and such action of such
Member Representative shall be deemed duly authorized, executed and delivered by
Member Representative on behalf of Member and shall be the legally binding obligation of
Member.
Section 9. Authorizations Concerninq Aqreements.
A. The Mayor or Mayor Pro Tem and the Clerk or any Deputy Clerk of Member
shall be and are hereby authorized to execute and deliver the All Requirements Gas Services
Agreement for and on behalf of Member pursuant to the terms hereof, in substantially the
form attached hereto as Exhibit A, and the Financial Instruments, in such forms as shall be
negotiated in the manner provided herein, in each case, with such changes, insertions and
omissions and filling in of blanks therein as such officers may approve, such approval to be
conclusively evidenced by the execution thereof.
B. Such officers authorized hereby are also directed to complete or approve
Appendix 1 to the All Requirements Gas Services Agreement, to complete Appendix 2 to the
All Requirements Gas Services Agreement, to insert the Point(s) of Delivery, to complete
Exhibit B to the All Requirements Gas Services Agreement to describe Member's enterprise
System and gas burning or distribution facilities, to complete Exhibit C to the All
Requirements Gas Services Agreement to list and describe Member's outstanding
obligations, and to complete Exhibit D to the All Requirements Gas Services Agreement to
describe Excluded Resources, or to add such facilities by Addendum.
C. Such other officers and employees of Member as may be designated by
the officers charged with the execution of the Agreements, including the Member
Representative and representatives on the Board of Directors or Executive Committee of
FGU, are each designated as agents in connection with the issuance and delivery of the
Agreements and are authorized and empowered, collectively or individually, to take all action
and steps and to execute all instruments, documents and contracts on behalf of Member that
are necessary or desirable in connection with the execution and delivery thereof, and which
are specifically authorized or are not inconsistent with the terms and provisions of this
Resolution.
Section 10. Resolution to Constitute Contract. This Resolution shall be
deemed to be and shall constitute a contract between Member and FGU and the other
Members of FGU. The covenants and agreements herein set forth to be performed by
Member shall be for the benefit, protection and security of FGU and the other Members and
those third parties in the manner and to the extent provided in the Agreements.
Section 11. Severability. If anyone or more provisions of this Resolution
should be determined by a court of competent jurisdiction to be contrary to law, such
provisions shall be deemed to be severable from the remaining provisions hereof and shall in
no way effect the validity or enforceability of such remaining provisions.
4
Resolution 02-02
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Section 12. Repeal of Inconsistent Resolutions. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
, Section 13. Effective Date. This Resolution shall become effective immediately
upon its adoption.
This Resolution passed and adopted this
day of
, 2002.
Countersigned~
APPROVED:
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II
City Manager
Brian J. Aungst
Mayor-Commissioner
Approved as 'to form:
Attest:
B~~ C.fL. _. .... .-
"'~c.Hayma;~
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
5
Resolution 02-02
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Florida Gas Utility
All Requirements Agreement Summary
CG-S {
.J:;t~~
What is Florida Gas Utility?
. Not for profit joint action agency made up by 22 Florida Cities
. Formed by an Interlocal agreement
. Your City is an owner and has a seat on the board of directors
. Through the Board your City has direct control over FGU's activities and its budget.
o Buys natural gas on behalf of its member Cities
. Manages Florida Gas Transmission Company interstate pipeline capacity for its
member Cities
FGU's Member Cities
. Blountstown
. Chipley
. City of Clearwater, d/b/a Clearwater Gas System
. Florida Municipal Power Agency
. City ofFt. Meade
. Ft. Pierce Utilities Authority
. City of Homestead
. Town of Jay
. City of Marianna
. City of Sunrise
. City of Lake City
. City of Live Oak
. Orlando Utilities Commission
. Palatka Natural Gas
. Kissimmee Utility Authori~y
. Lake Worth Utilities Authority
. City of Leesburg
. City of Perry
. City of St. Cloud
. City of Starke
. City ofVero Beach
. City of Williston
. I
Page 1 of3
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Florida Gas Utility
All Requirements Agreement Summary
Benefits of FGU to its owner Cities
· Low overhead, non-profit approach for Cities to supply natural gas to themselves and
to manage and acquire pipeline capacity for gas delivery
· Allows for the sharing of the cost of legal and expert support in regulatory matters
before the Federal Energy Regulatory Commission (FERC) and the Florida Public
Service Commission (FPSC)
· Allows for the sharing of costs of a full time professional staff to provide reliable and
below market priced natural gas
· Provides for collective strength in representing Florida natural gas Cities before
FERC and FPSC in rate and regulatory matters. FGU is 4th largest shipper on FGT
behind only FPL, TECD/Peoples Gas, and FPe.
. 12 year history of delivering reliable below market priced gas
How Does FGU Currently Supply Gas to its Member Cities?
. Through a conlbination of short and longer teml contracts priced at floating market
prices and fixed prices .
. Gas Supply Acquisition Project ten year prepaid contract for 14 participating Cities.
Highly reliable supply priced at $.19/Dth below market prices
. Under current Gas Services Agreement, Cities can buy all or part of their own gas
supply unless otherwise obligated to a long-term FGU contract
Page 2 of3
Problems with the current Gas Services Agreement.
· Current approach gives member Cities the flexibility to buy their own gas
. City member flexibility makes FGU gas purchase contracts less secure and
sometimes causes FGU to not meet credit requirements of gas suppliers and to not get
lowest prices
. Creates the need for additional contracts if member City desires long term contract or
has specific pricing requirements
What do you mean by "All Requirements" Gas Services
Agreement?
. Obligates FGU to procure all gas on behalf of participating Cities
o Obligates Cities to purchase and pay for all gas requirements through FGU
. Creates firmer contract relationship between FGU and City
, " . ' , ' . , , . '. . ~. '. . '
'. .
Florida Gas Utility
All Requirements Agreement Summary
Benefits of All Requirements Agreement
. Creates more stable, long-ternl agency
. Allows FGU to acquire longer-ternl firm contracts on behalf of city without requiring
additional contract commitments or fear of City reneging and acquiring gas from gas
suppliers on its own.
. Creates a stronger credit relationship between FGD and cities
. Allows FGU to obtain letter of credit to backstop FOU gas purchases on behalf of its
member cities. Such credit enhancement will alleviate supplier credit concerns and
enable FOU to purchase from all suppliers, which will help to ensure the lowest price.
Will also assure FGU's abilityto meet its cash flow requirements in case of a slow
pay by a member or customer.
Implications to City of Joining FGU All Requirements
Agreement
o City must buy all of its gas requirements through FOD
. FGU manages FGT interstate pipeline capacity for City
. Continued high reliability of delivered supply expected
. Insures that FGU can buy from desired suppliers without credit limitations
. Commitment to FGU All Requirements reduces the City's ability to terminate its
relationship with FOU and to buy its own gas supply through different arrangements
Page 3 of3
.. ..
J:l;:J..'J.-
ALL REQUIREMENTS GAS SERVICES AGREEMENT
BETWEEN
FLORIDA GAS UTILITY
.','
AND
CITY OF CLEARWATER, FLORIDA
. Dated as of
, 2002
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TABLE OF CONTENTS
Page
SECTION 1. Definitions and Explanations of Terms. ......................................2
SECTION 2. Term of Agreement. .................................................................... 7
SECTION 3. Gas Supply Service and Pricing. .................................................8
SECTION 4. Method of Payment..................... .. ... ..... .. ...... .. ... .. ...... .. .. ........... 12
SECTION 5. Scheduling of Deliveries; Title. .... ............................................ ..15
SECTION 6. Point(s) of Delivery.................................................................. ..16
SECTION 7. Curtailment. ......... ...................... ..... ............... ... ..... ..................17
SECTION 8. A vailabili ty of Gas or Gas Allocation Shares.............................. 17
SECTION 9. Insurance................................................................................ .17
SECTION 10. Annual Budget; Accounting. .................................................. ..17
SECTION 11. Information to be Made Available............................................. 17
SECTION 12. Member Covenants. . . . . .. . ... . .. .. . .. .. . . . .. . .. .. . .. ... .. . .. .. . . . .. . .. .. .. . .. .. ... . 19
SECTION 13. Pledge of Payments. ................................................................ .20
SECTION 14. Event of Default. ................................................................... ..20
SECTION 15. Continuing Obligation, Right to Discontinue Service. ............. ..20
SECTION 16. Transfer of Gas Allocation Shares Following Default. ...............21
SECTION 17. Other Default by Member. ..................................................... ..22
SECTION 18. Default by FGU. ................................................. ..... ......... .......22
SECTION 19. Abandonment of Remedy........................................................ .22
SECTION 20. Waiver of Default. ....................................................................22
SECTION 21. Relationship to and Compliance with Other Instruments. ........23
SECTION 22. Measurement of Gas.............................................;....... ......... ..23
SECTION 23. Liability of Parties.................................................................. ..23
SECTION 24. Sale of Member's Excess Gas Allocation Share.........................26
SECTION 25. Assignment of All Requirements Gas Services Agreement,
Sale of Member's System. .........................................................26
SECTION 26. Termination or Amendment of Contract. ..................................27
SECTION 27. Force Majeure. .... ... ........... .......... ... ..... .......... ... ..... ............ ......28
SECTION 28. Member Representative. ........................................................ .30
SECTION 29. Special Projects. .................................................................... ..31
SECTION 30. Notice and Computation of Time............................................ ..31
SECTION 31. Applicable Law; Construction. ............................................... ..32
SECTION 32. Severability"... f' I I " II ,.,...., I I I I I "..., I II fl f.f f" f. f,f ff' f.... ff.f. ff 'f. ......f f. ....32
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Appendix 1
Appendix 2
Appendix 3
- Characteristics of Financial Products
Description of System
Member Outstanding Obligations
Excluded Resources
Schedule of Members
Member's Point or Points of Delivery
Fonn of Opinion of Counsel to Member
1
ALL REQUIREMENTS GAS SERVICES AGREEMENT
This ALL REQUIREMENTS GAS SERVICES AGREEMENT
("Agreement") made and entered into as of _, 2002, by and
between FLORIDA GAS UTILITY, a public body corporate and politic
formed under the Florida Interlocal Cooperation Act ("FGU") and the CITY
OF CLEARWATER, FLORIDA, a municipal corporation of the State of
Florida ("Member").
WITNESSETH:
WHEREAS, FGU was formed by Interlocal Agreement on
September 1, 1989, which was subsequently amended by the Amended
Interlocal Agreement on June 1, 1992, and thereafter amended and
restated by Amended and Restated Interlocal Agreement dated as of
July 1, 1996, and thereafter amended and restated by Second Amended
and Restated Interlocal Agreement dated as of July 27, 1999 (the
"Interlocal Agreement"); and
WHEREAS, in order to take advantage of perceived opportunities
created by the restructuring of natural gas services, FGU was established
between and among several public agencies for the purpose of achieving
savings through joint services for, or which otherwise benefit, its
Members; and
WHEREAS, FGU will take or cause to be taken all steps necessary
for the acquisition of, and will undertake such contractual arrangements
necessary to secure, a suitable supply of Gas or a suitable pricing
mechanism including Financial Products, or both, under one or more
Gas Purchase Contracts or Financial Instruments, and will provide the
Gas and pricing mechanism and services pursuant to this Agreement
and/ or other related or suitable Financial Instruments, and pursuant to
agreements similar to this Agreement and related or suitable Financial
Instruments with other Members, all as hereinafter defined; and
WHEREAS, in order to enable FGU to provide its services
hereunder and to pay the Cost of Services and Monthly Costs provided
for herein, FGU may have substantially similar All Requirements Gas
Services Agreements with some or all of its Members and, in such event,
such Member's obligations under any previous Gas Services Agreement
shall cease; and
WHEREAS, Article VI of the Interlocal Agreement authorizes the
Board of FGU to undertake a Special Project, and it is intended that
unless each of its Members shall become a party to substantially similar
agreements, the undertakings pursuant to this Agreement shall be
treated as a Special Project.
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements herein contained, it is agreed by and between
the parties hereto as follows:
SECTION 1. Definitions and Explanations of Terms.
As used herein:
Addendum or Addenda shall mean an instrument or instruments,
in writing, sufficient to amend, add to or otherwise modify this
Agreement or any part thereof, which may be used to create a Special
Project, and which term shall include a Directive by a Member
Representative that implements some part or all of this Agreement.
Aggregated Transportation Contracts shall have the meaning
ascribed to that term in Section 3(e).
2
Agreement shall mean this All Requirements Gas Services
Agreement and! or any other related or suitable Financial Instruments
that may accompany this Agreement or be appropriate for the purposes
to be achieved by this Agreement.
All Requirements Gas Services Agreements shall mean this All
Requirements Gas Services Agreement and, as appropriate, the
substantially similar All Requirements Gas Services Agreements, between
FGU and some or all of its other Members.
Annual Budget shall mean the budget adopted by the Board of
FG U pursuant to paragraph (a) of Section 10, or, in the case of an
amended Annual Budget adopted by the Board or Executive Committee
of FGU, during the remainder of a Fiscal Year.
Approved Rate Tariff shall mean the tariff for the transportation of
Gas as approved by FERC or the governmental or other entity charged
with this responsibility.
Board shall mean the Board of Directors of FG U or if said Board
shall be abolished, its successor board, body, commission or agency
succeeding to the principal functions thereof.
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Commencement Date shall n1ean the first date on which FGU shall
make Gas available to, or the effective date of any Financial Instrument
entered into for the benefit of, Member pursuant to this Agreement or
any Special Project authorized hereby.
Cost of Services shall mean all costs of planning, financing,
pricing, acquiring, transporting, storing and implementing the supply of
Gas hereunder, or the utilization of any Financial Product pursuant to
any Financial Instrument, which shall include, but shall not be limited
to, funds for:
(1) the payment of costs and expenses incurred for or in
. connection with the acquisition and/ or pricing of the services
provided under this Agreement or with respect to Gas or other
services, provided under any other agreement;
(2) all federal, state and local taxes and payments in lieu
of taxes required to be paid with respect to the services rendered
pursuant to this Agreement;
(3) all costs and expenses relating to claims or judgments
(including injury and damage claims) relating to the. operations of
FGU'
,
(4) all planning and development costs, engineering fees,
contractors' fees, costs of obtaining governmental or regulatory
permits, licenses and approvals, costs of real property, labor,
materials, equipment, supplies, training and testing costs,
insurance premiums, legal, consulting and financing costs,
administrative and general costs, and all other costs properly
allocable to the acquisition and implementation of the services
provided under this Agreement;
(5) all other costs incurred in connection with and
properly chargeable to, the acquisition or implementation of the
services provided under this Agreement, including any prepayment
of operating expenses required under this Agreement and amounts
required to be paid by FGU under any contract to which it is a
party in respect of Financial Products authorized hereunder or by
Financial Instruments, implemented in accordance with the
Financial Derivatives Policy adopted by the Board of FGU; and
(6) the allowance for working capital or any other reserve
requirements of FGU and all costs relating thereto, and the cost of
credit facilities or enhancernents, in such amounts as shall be
deemed reasonably necessary by FG U as determined in accordance
3
~ ," ,
~ ", ,..." . '. , < ~' . I "
with the Reserve Obligation Policy and Credit Policy adopted by the
Board of FGU.
Designee shall mean FGU as the contractually authorized agent of
a Member as defined in the general terms and conditions of Transporter's
Approved Rate Tariff.
Division shall mean a Member of FGU, and the associated Point{s)
of Delivery of that Member, whose transportation entitlements have been
aggregated under one transportation contract held by FGU to which
Transporter's Approved Rate Tariff applies.
Directive shall mean an instrument, in writing, executed and
delivered by a Member Representative that gives directions to FGU
hereunder, or otherwise authorizes actions by FGU hereunder, or
implements all or a part of this Agreement, and upon which FGU may
rely as being duly authorized, executed and delivered by Member. A
Directive may be given by an Addendum.
Excluded Resources shall mean those facilities consisting of future
power plant{s) co-developed by Member with a third party where natural
gas is supplied by said third party as a part of the development
agreement. Such facilities shall be described in Exhibit D, attached, or
shall be added as an Addendum to this Agreement at such time as such
co-development shall occur.
Financial Instrument shall mean an agreement entered into with
respect to the purchase or pricing of Gas or other services provided
hereunder that provides for Financial Products by and between the
parties thereto that may include FGU, or Member, or both, any other
Member and any third parties or counterparties; provided that a Member
or Member Representative is required to authorize a Financial
Instrument that obligates only such Member.
Financial Products shall mean futures contracts, commodity swaps
and hedging arrangements related to the pricing or supply of Gas or
other services provided hereunder, whether entered into by FGU, or by
Member and/ or FGU, including balancing or similar agreements or
interest rate exchanges or swaps, cash flow exchanges, options, caps,
floors or collars implemented in accordance with the Financial
Derivatives Policy adopted by the Board of FGU. Such Financial
Products may have characteristics similar to those set forth in Exhibit A
hereto.
Fiscal Year shall mean the twelve (12) month period commencing
at 12:01 a.m. on October 1 of each year, or with respect to a Special
Project, as may be specified for that project.
4
Gas shall mean pipeline quality natural gas supplied pursuant to
this Agreement with the quality provisions set forth in the general terms
and conditions of Transporter's Approved Rate Tariff, or any equivalent
standard.
Gas Allocation Share shall mean the Gas or other undertakings
allocated to each Member in the manner provided by Section 3(b) of this
Agreemen t.
Gas Purchase Contract shall mean one or more gas purchase
contracts (including amendments thereto) entered into between FGU and
one or more Gas suppliers or owners of interests in Gas~
Member or Members shall mean the Member specified in the first
paragraph of this Agreement and one or more parties, other than FGU, to
All Requirements Gas Services Agreements substantially similar to this
Agreement. An initial list of such Members is set forth in Appendix 1
hereto.
Member Representative shall mean the Member Representative as
provided in Section 28 hereof.
5
Month shall mean a calendar month.
Monthlv Costs shall mean, with respect to each Month of each
Fiscal Year, all costs that are paid or incurred by FGU during such
Month directly or indirectly with respect to the purchase, pricing, supply,
storage or transportation of Gas to Members under and pursuant to the
Gas Purchase Contract, Financial Instruments, Transportation Contracts
or otherwise, as hereinafter provided, including without limitation, the
following items of cost:
(1) the costs, as determined in accordance with the Pricing
Policy adopted by the Board of FG U, of
(i) Gas supply purchased by Member under this
Agreement pursuant to the Gas Purchase Contract, or
any other instrument;
(ii) Gas transportation to the Point(s) of Delivery pursuant
to the Transportation Contracts;
(iii) FGU service charges for its administrative services
provided hereunder; and
(iv) adjustments, and an equitably allocated portion of all
FGU's other expenses;
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(2) amounts required to be paid by FGU under any contract to
which it is a party, including Financial Instruments entered into in
respect of Financial Products; unless expressly otherwise provided to the
contrary in the Financial Instrument, payments on such obligations shall
be allocated to Member in accordance \vith the Financial Derivatives
Policy adopted from time to time by the Board of FGU;
(3) any additional alnount not specified in the other items of this
definition which must be paid by FGU during such Month, as determined
in accordance with the Pricing Policy adopted by the Board of FGU,
including, without limitation, costs imposed or permitted by any
regulatory agency or which are paid or incurred in connection with the
supply of services hereunder or the provision of services by FGU to
Members;
(4) all costs and expenses (including, but not limited to, legal
fees and expenses) relating to personal injury and damage claims and
extraordinary costs relating to pipeline, regulatory or other such costs,
expenses or assessments required to be paid by FGU in connection with
the delivery of services hereunder, as determined in accordance with the
Pricing Policy adopted by the Board of FGU;
(5) any reserves FGU determines to be reasonably necessary for
payment of those items of costs and expenses incurred in the delivery of
services, to the extent not covered by any preceding clause, and in
accordance with the Reserve Obligation Policy and Credit Policy adopted
by the Board of FG U; and
(6) debt service (including principal, interest and premiums) and
all related charges on any line of credit, letter of credit, working capital or
other shorter term loans incurred by FG U pursuant to action taken by
the Board of FGU. Payments on such obligations shall be allocated to
Member in accordance with the Debt Obligation Policy adopted by the
Board of FGU.
Notwithstanding the foregoing (except for the matters described in
items (5) and (6) of the definition of Monthly Costs in Section 1 above), if
an item of cost or expense referred to above or any part thereof shall
relate to less than all of Members or shall clearly not be applicable to a
Member, such item shall only be included as an item of Monthly Cost
with respect to those Members to which such cost or expense relates.
Point or Points of Delivery shall mean the point or points of
delivery specified in Appendix 2 hereto or such other point or points of
delivery from time to time agreed to between Member and FG U.
6
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Schedule of Members shall mean the Schedule of Members
contained in Appendix 1 hereto, or that may be set forth in an
Addendum, including an Addendum for a Special Project, as the same
may be amended or supplemented from time to time in accordance with
the provisions hereof.
Special Proiect shall mean a project designated by one or more
Member Representatives for any of the purposes of this Agreement, and
such Member Representatives may, by Addendum to this Agreement,
make such changes as shall be agreed by FGU and all Members engaging
in a Special Project. Such Special Project shall be designated as a
Special Project and shall be given an appropriate identifying number,
letter or other designation. This Agreement shall constitute a Special
Project unless each Member shall become a party to a substantially
similar All Requirements Gas Services Agreement. A Member in a
Special Project may be referred to as a "Participant" and the Special
Project designation may follow.
System shall mean and refer to a Member's enterprise system, as
more particularly described in Exhibit B hereto, which describes those
facilities that require or permit the utilization or local distribution of gas,
and any additions or improvements thereto, and all other gas utilization
or distribution enterprise systems that may be constructed or acquired
by Member.
Transportation Contracts shall mean the contract or contracts for
the transportation of Gas between FGU, or FGU on behalf of Member, or
contracts between Member with the designation of FGU as Member's
agent, and Transporter.
Trans-porter shall mean Florida Gas Transmission Company,
Gulfstream Natural Gas Systems, L.L.C., or any other company legally
authorized to transport Gas, and its successors in interest.
SECTION 2. Term of Agreement.
This Agreement shall supercede the Gas Services Agreement
currently in effect between Member and FGU, and shall be effective on
the date first written above and shall continue in full force and effect
until the end of the Fiscal Year which expires in the calendar year which
next succeeds the calendar year during which written notice of intent to
terminate shall be given. Such written notice, if given, shall be given
prior to April 1 of a calendar year. Any such termination shall be subject
to all contractual restrictions applicable to FGU or Member, and Member
shall in all events remain obligated as provided by this Agreement,
including Section 3, Section 25 and Section 26 hereof.
7
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SECTION 3. Gas Supply Service and Pricing.
(a)
(i)
FOU and Member agree that FGU shall, pursuant to
this Agreement, furnish gas supplies and pricing
methodology for all of Member's gas requirements and
requiren1ents for Financial Products for Member's
System, except for Member's Excluded Resources, to
the extent such supplies can be transported to
Member's Point(s) of Delivery under Member's or FOU's
Transportation Con tracts with Transporter or third
parties, including those Transportation Contracts
maintained at the offices of FGU.
(ii) Member shall be obligated by this Agreement to
purchase all of its gas requirements and related
Financial Products for Member's System, except for
Member's Excluded Resources, from FGU and from no
other source, unless FGU shall be unwilling or unable
to provide such gas or related Financial Products to
Member, and Member may not otherwise enter into
gas purchase arrangements or Financial Products
directly or indirectly with any other suppliers.
(b) The General Manager of FGU, in accordance with policies
established by the Board of FG U and the requirements of Member, shall
determine the sources from which the gas supply services,
transportation, pricing, Financial Products and all other services to be
provided under this Agreement shall be provided, including the proper
mix of firm gas supplies, spot ,gas supplies and long term gas supplies
and the method of pricing therefor, including the undertaking of one or
more Financial Products by one or more Financial Instruments in the
name of FGU, as obligor for the benefit of all Members who are a party to
the All Requirements Gas Services Agreement and the pro rata allocation
of such Gas or other undertakings to each such Member with respect
thereto.
(c) FGU agrees to and does hereby sell, and Member agrees to
and does hereby purchase, Member's Gas Allocation Share pursuant to
this Agreement. Member further agrees to become obligated for those
Financial Products created by the Financial Instruments in accordance
with the terms thereof and hereof.
(d) Member shall be obligated as follows:
(i) The quantity to be supplied by FGU shall be stated on
a daily basis and nominated monthly by Member or as
8
otherwise agreed to In accordance with Section 5{c)
hereof.
(ii) Member shall, in accordance with the Pricing Policy
adopted by the Board of FGU, be obligated for its Gas
Allocation Share of all Gas Purchase Contracts,
including any firm or long term supply of gas including
all contracts for supply and all other charges related
thereto which are authorized by this Agreement,
specifically including all items of the Monthly Costs
and obligations for Financial Products under Financial
Instruments. No notification from Member of intent to
accept less Gas shall be effective with respect to such
obligation for such Gas Allocation Share of Member
under any such firm or long term Gas Purchase
Contracts or Financial Instruments. FGU shall,
however, accommodate Member's request with respect
to any spot, short term or terminable Gas supply, and
shall utilize its best efforts to attempt to dispose of any
excess Gas supply to the extent not required by
Member.
(iii) Upon the termination or expiration of this Agreement
by Member or in the event of excess Gas supply, a
determination shall be made by the Board of FGU as
tow hether an allocable part of such firm or long term
Gas Supply Contracts or Financial Instruments shall
remain in the ownership and control of Member and
the obligation of Member, or whether such agreements
shall remain in the ownership and control of FGU and
shall be paid for by FGU. Any right of Member to
retain ownership of such allocation shall be subject to
the release by the provider of Gas or Financial Product
of any liability of FGU or other Members for such
contract.
9
(e) Certain of Members have, pursuant to separate agreements
with FGU, aggregated their firm transportation entitlements with other
Members (referred to herein as the "Aggregated Transportation
Contracts") and have authorized FGU to administer that capacity in the
delivery of Gas to each Member. Certain other Members have designated
FGU as their agent for the utilization of their respective gas
transportation entitlements for the delivery of Gas hereunder.
(1) FGU is hereby authorized, and shall be responsible for
utilizing those firm transportation entitlements, to the extent available
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under the respective Transportation Contracts, to cause Member's Gas to
be transported to Member's Point(s) of Delivery and for all operational
decisions and arrangements associated with the transportation of Gas on
or upstream of Transporter's pipeline, including but not limited to,
transportation along pipelines other than Transporter, selection of
Point(s) of Delivery, scheduling, balancing and dispatching of Gas on
such pipelines other than Transporter, as well as on Transporter's
pipeline.
(g) The administration of the Aggregated Transportation
Contract(s) shall be governed solely in accordance with the Pricing Policy
adopted by the Board of FG U.
(h) It IS understood that the Aggregated Transportation
Contract(s) will be operated in a manner which will preserve to each
Division, with Member being a Division, a priority right to the use of the
firm transportation entitlements which would have been assigned to it in
the absence of the Aggregated Transportation Contract(s). Only when
Member's capacity rights are not required to meet the requirements of
Member, will they be made available to other Divisions in accordance
with the Pricing Policy adopted by the Board of FGU. Aggregated
Transportation Contract(s) capacity not required by any Division may be
temporarily relinquished or otherwise utilized by FGU under the terms of
the Approved Rate Tariff and in accordance with the Pricing Policy
adopted by the Board of FG U.
(i) Member shall assume full responsibility for payment of
actual transportation charges, including demand charges, incurred by
the Aggregated Transportation Contract(s) for the benefit of Member. To
the extent another Division or custonler of FGU may make actual use of
Member's transportation rights, a reallocation of demand costs shall be
made by FGU in accordance with the Pricing Policy adopted by the Board
of FG U .
U) Member (or other Members or customers) shall be permitted
to withdraw all or part of its aggregated firm entitlements fro In the
Aggregated Transportation Contract(s) at any time, without otherwise
affecting this Agreement, provided appropriate Transporter consent and
FERC authorizations have been obtained.
(k) Because Member requirements change from time to time,
FGU will assist in acquiring and/ or disposing of transportation
entitlements for Member. To the extent Member and FGU agree, FGU
will request an allocation of such capacity in its own name; provided,
however, that a sub-allocation of such incremental transportation
entitlement will also be made to the requesting Member's Division, which
10
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shall be binding in the event of later withdrawals of membership or
entitlements, or dissolution.
(1) All contracts involving a substantial change in the burdens
or benefits of Member entered into with Transporter in the name of the
Aggregated Transportation Contract(s) for the benefit of Member will be
subject to approval in advance by both FGU and Member.
(m) Member may retain its transportation contracts with
Transporter or other pipeline supplier rather than aggregate some or all
of its transportation entitlements as provided above. In this case, the
relationship between Member and FGU shall be that of principal and
agent and FGU shall in all such cases serve as Designee. FGU shall
administer the retained transportation contracts in accordance with its
terms as Designee for Member and shall serve in such capacity for the
purpose of the administration of such contracts and shall perform the
services as provided herein with respect to such Transportation
Contracts, in accordance with instructions received from Member.
(n) Member will provide engineering information and support as
reasonably requested by Transporter or FGU in order to assure
appropriate design, configuration, and installation of facilities in
accordance with generally accepted industry standards necessary to
serve Member's Point(s) of Delivery.
(0) If Member is temporarily or permanently unable to utilize all
or any portion of its share of the Aggregated Transportation Contract(s),
the following provisions shall apply:
(i) As provided in the Transportation Policy, FGU may
utilize that portion of Member's unused capacity for
use by other FGU members or customers. These other
FGU members or customers shall reimburse Member
for use of such capacity, as provided in the Pricing
Policy adopted by the Board of FG U .
(ii) To the extent FGU is unable to utilize such excess
Member capacity, FGU will, as permitted by the
Approved Rate Tariff and applicable FERC regulations
and agreements, assist and cooperate with Member to
dispose of such excess transportation entitlement so
as to avoid or minimize any payment obligations by
Member to Transporter or others.
(iii) Nothing herein shall relieve Member from its obligation
to reimburse FGU for costs and expenses incurred by
11
, . \ ." , , ,
. . , " ..' ...' ~ ''l. .
FGU for the released excess capacity for which FGU is
not otherwise reimbursed by third parties.
(p) Unless otherwise agreed to by FGU and Member, Member
and FGU anticipate that Transporter and third parties will rely on FGD
for all purposes connected with servicing the transportation and
purchasing of Gas for Member on Transporter's system or otherwise,
including, but not limited to, the furnishing and receipt of information
concerning daily nominations, scheduling, balancing, Point(s) of Delivery,
invoice payment, accounting, third party transportation, and
communications \vith Member, and that operational conditions may
allow limited time for communications concerning such matters. To
facilitate this process, and except with respect to services covered by the
Aggregated Transportation Contract(s), Member agrees to name and
hereby designates FGU, or a representative of FGU, as Member's
designee to perform Member's obligations with respect to nominations,
scheduling and payment under the various Transporter transportation
rate schedules under which Member arranges transportation service for
Gas purchased from FGU hereunder.
(q) Notwithstanding the foregoing, FGU's responsibilities to
arrange for transportation of Gas to Member's Point(s) of Delivery shall
be limited to Member's transportation entitlements made available to
FGU hereunder and Member shall ultimately be responsible for securing
transportation rights with respect to Gas to be delivered hereunder.
12
(I') Member agrees that except for its obligation under its Gas
Supply Contract dated as of November 1, 1998, and any other
obligations in existence on the date hereof as set forth on Exhibit C
hereto, it will satisfy all of its gas requirements for its System, except for
Member's Excluded Resources, from Gas purchased under this
Agreement. Member further agrees not to assign its Gas Allocation Share
hereunder to any third party without FGU's consent, and then only in
accordance with the restrictions set forth in Sections 25 and 26 hereof.
SECTION 4. Method of Payment.
(a) As soon as the billing information is available, FGU shall
render to Member, by mail, courier or facsimile or other electronic
translnission, a monthly statement showing, in each case with respect to
the prior Month (i) the amount payable by Member in respect of Monthly
Costs, and (ii) any other amounts payable by such Member pursuant to
this Agreement; and such Member shall pay the total of such amounts at
the times specified in this Section 4. FGU will provide a calendar of
invoice and due dates at the beginning of each Fiscal Year.
(b) Monthly paYlncnts required to be paid to FGU pursuant to
this Section 4 shall be due and payable to FGU at the principal office of
FGU, or such other address as FGU shall designate in writing to
Member, on FGU's published due dates, which shall not be later than the
ninth (9th) calendar day of the Month in which the statement was
rendered.
(c) If payment in full is not made on or before the close of
business on the due date, a delayed-payment charge on the unpaid
amount due for each day overdue may be imposed at the prime rate of
interest as published from time to time by the Wall Street Journal and in
effect in the calendar month for which the un paid balance shall be
received, plus 20/0, or the maximum rate lawfully payable by Member,
whichever is less. If said due date is a Saturday, Sunday or a holiday,
the next preceding business day shall be the last day on which payment
may be made without the addition of the delayed-payment charge.
Failure by Member to pay the full amount due by the due date may
result in the suspension of gas supply service by FGU as set forth in
Section 15 below.
13
(d) In the event of any dispute as to any portion of any monthly
statement, Member shall nevertheless pay the full amount of the
disputed charges when due and shall give written notice of the dispute to
FGU not later than thirty (30) days after the date such payment is due.
Such notice shall identify the disputed bill, state the amount in dispute
. and set forth a full statement of the grounds on which such dispute is
based. No adjustment shall be considered or made for disputed charges
unless notice is given as aforesaid. FOU shall give consideration to such
dispute and shall advise Member with regard to its position relative
thereto within thirty (30) days following receipt of such written notice.
Upon final determination (whether by agreement, arbitration,
adjudication or otherwise) of the correct amount, any difference between
such correct amount and such full amount shall be properly reflected in
the statement next submitted to Member after such determination.
(e) [Intentionally Omitted.]
(f) If FG U is en titled to payments under or in respect of the Gas
Purchase Contract (other than payments intended to reimburse FGU for
its costs and expenses and other than payments required under any
applicable documents), FGU shall distribute such payments or Gas
credits to each Member after deducting therefroill any amounts otherwise
due by such Members hereunder, all in accordance with the Pricing
Policy adopted by the Board of FOU.
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(g) Subject to the provisions of paragraph 4U), the obligation of
Member to make the payn1ents under this Agreement for its share of
Monthly Costs and other amounts, shall constitute an obligation of
Member payable as an operating expense of Member's System solely from
the revenues and other available funds of the System.
(h) The obligation of Member to make payments under this
Agreement shall not constitute a debt of Member within the meaning of
any constitutional or statutory provision or limitation or a general
obligation of or pledge of the full faith and credit of Member, and neither
Member nor the State of Florida or any agency or political subdivision
thereof shall ever be obligated or compelled to levy ad valorem taxes to
make the payments provided for under this Agreement, and the
obligation of Member to make payments pursuant to this Agreement
shall not give rise to or constitute a lien upon any tangible property of
Member or any tangible property located within its boundaries or service
area.
(i) If the obligations of Member to make payments under
Section 4(g) of this Agreement or any part of the obligation under any
Financial Instrument, would not be treated as, or otherwise be accorded
the status of, operation and maintenance payments under the provisions
of Member's indentures, bond resolutions or other bond documents
entered into in connection with the financing of Member's System, such
part of such obligations that are precluded such status will be incurred
and accorded the treatment in accordance with the provisions of Section
4(j) hereof.
(j) Such part of such obligations for the payment of services
hereunder or under a Financial Instrument that is not treated as, or
otherwise accorded the status of, operation and maintenance costs of
Member's System for the reasons set forth in paragraph 4(i) hereof shall
constitute an obligation payable solely from the revenues and other
funds of Member's System, which are hereby pledged for such purpose,
subject and subordinate to the following obligations of Member that
would expressly preclude Member from making the payments required
hereunder senior to such obligations (i) operation, maintenance, renewal
and replacement expenses of Member's System, (ii) bonds (as well as
bond anticipation notes), notes or other obligations for money borrowed,
now outstanding or hereafter issued, for System purposes payable from
revenues of Member's System, (iii) subordinated bonds, notes or other
obligations of the System payable from revenues of Member's System and
senior in credit to, or subject to. a negative pledge with respect to, the
obligations of the type imposed hereby, in each case, outstanding on the
date of execution of this Agreement by Member, and (iv) payments
required to be made into or from funds established under the ordinances
14
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or resolutions authorizing bonds, notes or other obligations referred to in
clauses (ii) or (iii) hereof. All such obligations in existence on the date
hereof shall be listed on Exhibit C hereto, and all further obligations
shall be listed on an amended Exhibit C and delivered to FGU.
(k) If at any time Member has revenue bonds outstanding
payable from or secured by a pledge of net revenues of its System,
Member agrees that, in connection with any financial tests or conditions
for the issuance of additional revenue bonds or other obligations payable
from and secured by a pledge of net revenues of its System, Member
shall treat all payments made or estimated to be made to FGU under this
Agreement as operating expenses for purposes of computing the amount
of net revenues available for the payment of such outstanding revenue
bonds and such additional revenue bonds.
SECTION 5. Scheduling of Deliveries; Title.
(a) All of the provisions of this Section 5 are subject to the
provisions of any applicable Gas Purchase Con tract, and in the event of
any inconsistencies between this Section 5 and the provisions of the Gas
Purchase Contract governing scheduling, the terms of the Gas Purchase
Con tract shall govern.
(b) The quantity to be supplied by FGU shall be stated on a
daily basis and nominated monthly by Member or as otherwise agreed to
in accordance with the provisions hereof.
(c) It will be Member's responsibility to notify FGU of any
variations in Member's daily Gas usage rate. Member will provide FGU
with its natural gas requirements in such a manner to allow FGU to
effectively arrange for the required Gas transportation and associated
services and as required by the Gas Purchase Contract, in a timely and
cost effective manner for Member. The actual details of such daily and
monthly information requirements will be mutually agreed upon by the
parties and may change from time to time to meet varying conditions.
Member shall advise FGU of any change in any of the gas
requirements at Member's Point(s) of Delivery as soon as is reasonably
possible to allow FGU to make necessary adjustments in other Member's
or customer's gas volume nominations to avoid imbalances and penalties
and to fully comply with the Gas Purchase Contract.
(d) FGU will promptly notify Member of all pipeline operating
conditions, including but not limited to operational flow orders and alert
days for which Member may be subject to costs or penalties as a result of
noncompliance. If Member does not fully comply with such operational
requirements, Member will assume full liability for any noncompliance.
15
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(e) Title to the Gas transported for Member with its own
transportation contracts will pass to such Member upon and
concurrently with the purchase thereof by FGU from the supplier. Title
to Gas purchased for transportation under the Aggregate Transportation
Contracts will pass upon delivery by FGU to Member at Member's
Point(s) of Delivery.
(f) Although FGU may hold title to the Gas during the
transportation process to Member's Point(s) of Delivery under paragraph
(e) above, Member shall bear the full risk of loss for all such Gas during
such transportation by FGU on Transporter's system or otherwise,
including but not limited to, injury, loss or damage caused by the Gas
during the transportation thereof and any economic or consequential
damages to Member for failure to deliver Gas or otherwise.
Member agrees, to the extent permitted by law, and pro rata with
other Members to the extent of its Gas provided hereunder, and/ or its
Gas Allocation Share, in effect on the date of occurrence of the event
giving rise to the claim, to indemnify and hold FGU harmless from any
and all losses or damages sustained by FGU, including any and all suits,
actions, damages, losses, and expenses arising out of adverse claims of
any persons, including Member, to such Gas or the title thereto,
regardless of the party responsible for its delivery, or to royalties, taxes,
license fees, or charges thereon, and from any and all liability to any
persons, including Member, or for any property damage, occasioned by
FGU holding title to Gas for benefit of Member during transportation on
Transporter's system.
(g) Except as otherwise expressly stated herein or in a Directive
or Addendum, neither the scheduling by Member, nor the delivery by
FGU of Gas in quantities less than Member's Gas to be purchased
hereunder or its Gas Allocation Share, or the curtailment by FGU or the
under utilization by Member of its transportation entitlements under any
other agreement with FGU or otherwise, shall relieve Member of its
payment obligations under this Agreement, including those set forth in
Sections 3 and 4 hereof.
SECTION 6. Point(s) of Delivery.
Gas scheduled by Member pursuant to Section 5 of this Agreement
will be delivered at Member's Point or Points of Delivery, which Member
shall designate to FGU in writing. The quantity of Gas actually delivered
to Member shall be adjusted to take into account Gas used or consumed
in the transportation thereof to the Points of Delivery.
16
SECTION 7. Curtailment.
It is understood that, in the event of a capacity curtailment on the
Transporter's system or other transportation system used by FGU which
causes an interruption of transportation service, curtailment shall be
implemented in accordance with Transporter's currently effective
curtailmen t plan.
SECTION 8. Availability of Gas or Gas Allocation Shares.
Except as provided otherwise by this Agreement, and subject to the
provisions of
Transportation
Member's Gas,
made available
hereof.
the Gas Purchase Contract and any applicable
Contracts or other transportation arrangements,
or Gas Allocation Share, as the case may be, shall be
in accordance with this Agreement during the term
SECTION 9. Insurance.
17
FGU shall carry such insurance as shall be carried in accordance
with customary industry standards.
SECTION 10. Annual Budget; Accounting.
(a) At FGU's annual meeting each year, the Board of FGU shall
adopt an Annual Budget for the next ensuing Fiscal Year and shall
deliver the Annual Budget,to each Member prior to the beginning of each
Fiscal Year. During each Fiscal Year, FGU, by action of its Executive
Committee, may from time to time amend the Annual Budget.
(b) FGU agrees to keep accurate records and accounts in
accordance with generally accepted accounting principles, consistently
applied. Said accounts shall be audited annually by a firm of certified
public accountants, experienced in governmental accounting and gas
utility company accounting and of national reputation, to be employed by
FGU. A copy of each annual audit, including all written comments and
recommendations of such accountants, shall be furnished by FGU to
Member not later than one hundred eighty (180) days after the end of
each Fiscal Year. Member shall have the right to audit the books and
records of FGU from time to time upon reasonable notice, to the extent
necessary to verify the Monthly Costs payable hereunder.
SECTION 11. Information to be Made Available.
(a) Based, in each case, upon the data most recently available to
FGU pursuant to the Gas Purchase Contract or Financial Instruments,
FGU will furnish or otherwise make available to Member all information
,. ,,"',' ,~/. '. ~ . '. ,,: 'I" ,~> '"t ,..",:1\.",:: ' ~'~_'-',"".~.."Ii"','
related to Gas supply or pricing of Gas, which FGU receives under the
Gas Purchase Contract or any Financial Instrument and all
transportation costs under the Transportation Con tracts, where available
to FGU, and will prepare and issue to Members reports each quarter of
the Fiscal Year on the status of the Annual Budget.
(b) Mernber shall, upon request, furnish to FGU all such
information, certificates, certified copies of official proceedings,
engineering reports, feasibility reports, information relating to its system,
Transportation Contracts, financial statements, opinions of counsel
(including the opinion required by subsection (c) hereof), official
statements and other documents as FGU shall be reasonably requested
to deliver pursuant to the services provided under this Agreement.
(c) Member shall at the time requested by FGU, cause an
opInIon or opinions (i) in substantially the form attached hereto as
Appendix 3 to be delivered by one or more attorneys or firms of attorneys
satisfactory to FGU with respect to the authorization, execution and
validity of this Agreement or any Financial Instrument, as it relates to
Member, and, if Member shall have bonds or other obligations
outstanding secured by a pledge of revenues of its System, the legality
under the terms and conditions of the ordinance, resolution, indenture
or other contractual arrangement with the holders of such bonds, of the
performance by Member of its covenants and agreements under this
Agreement, and (ii) in such other form as may be required under the Gas
Purchase Contract, Financial Instrument or this Agreement.
(d) Member shall provide to FGU, or its designees, on a timely
basis and in such form as shall be reasonably requested by either, any
and all documents, releases, financial statements and other information
necessary to enable FGU to comply with any disclosure or other
reporting requirement, including but not limited to Rule 15c2-12 of the
Securities and Exchange Commission promulgated under the Securities
Exchange Act of 1934 (the "Rule"), now or hereafter imposed by the
United States of America, the State of Florida, or any political subdivision
or agency of either having jurisdiction over the issuance of any debt
obligations for the acquisition of gas, by law, judicial decision, regulation,
rule or policy. Such information shall be provided by Member from time
to time promptly following the occurrence of a "material event" as
described in the Rule, and as otherwise may be requested by FGU, or its
designees, but in any case, no less frequently than shall enable FGU or
the underwriters or broker/dealers of the obligations of FGD, or such
Member, to comply with any such law, judicial decision, regulation, rule
or policy.
18
Member further agrees to enter into a continuing disclosure
agreement or other undertaking as may be reasonably required by the
original purchaser of those obligations contemplated by clause (6) of the
definition of Monthly Cost of Section 1 in order to comply with the Rule.
SECTION 12. Member Covenants.
(a) Member agrees (a) to maintain its System in good repair and
operating condition; (b) to cooperate with FGD in the performance of the
respective obligations of such Member and FGU under this Agreement
and all Financial Instruments; and (c) to establish, levy and collect rents,
rates and other charges for the products and services provided by its
System, which rents, rates, and other charges shall be at least sufficient
(i) to meet the operation and maintenance expenses of such System, (ii)
to comply with all covenants pertaining thereto contained in, and all
other provisions of, any resolution, trust indenture, or other security
agreement relating to any bonds or other evidence of indebtedness issued
or to be issued by Member, including, without limitation, all deposit
requirements to pay debt service, fund debt service and operating
reserves and to pay ongoing project costs hereunder, (iii) to generate
funds sufficient to fulfill the terms of all other contracts and agreements
made by Member, including, without limitation, this Agreement and
Financial Instruments and to budget, appropriate and make all
payments required hereunder in each fiscal year of Member during the
term hereof, and (iv) to pay all other amounts payable from or
constituting a lien or charge on the revenues of its System.
19
(b) Member further agrees that for good and valuable
consideration and for the purpose of obtaining a source of gas supply
upon favorable terms and price it will not take any action, except as
permitted by Section 25(c) hereof, which will lead to its withdrawal, as a
member of FGU or other termination of its membership in FGU during
the term of this Agreement and that it will not vote for or otherwise
. participate in any action to dissolve or othelWise terminate the existence
of FGU during the term of this Agreement.
(c) Member covenants that it will not make any sales of its Gas
Allocation Share, or take any other action or omit to take any action,
which, if taken or omitted, would adversely affect the exclusion of
interest, on any obligations contemplated by clause (6) of the definition of
Monthly Costs of Section 1 from gross income for Federal income tax
purposes, of any holder thereof.
(d) Member hereby represents that it has not entered into, nor is
it a party, directly or indirectly to, any con tract, agreement or
understanding, whether oral or written, the provisions of which would or
. '. I i' "", ,'~ .' .,'.... " I .'.',;..t " :. ~ : . '001 '.',' ~. 'J '~" " ,} , I "l,/! . ' , ... ',t", ,..., \ ' . I' I
might be breached by Member's execution of this Agreement or the
performance by it of its obligations hereunder.
(e) Member hereby covenants that, unless and until it shall sell
all or substantially all of its System in accordance with the provisions of
Section 25(c) hereof, it will maintain its present existence as a public
body to the full extent permitted by its charter and other governing
instruments, the Constitution and laws of the Stale of Florida.
(f) Member hereby covenants that it will provide to FGU, or its
designee, annually, promptly upon its preparation, but no later than one
hundred eighty (180) days after the end of its Fiscal Year, a copy of its
annual audit and such other financial and other records as may be
required by the issuer of any credit facility or other security instrument
securing all or any part of FGU's obligations.
SECTION 13. Pledge of Payments.
All right, title and interest of FGU in, to and under this Agreement
and all payments required to be made by Member pursuant to the
provisions of Sections 3 and 4 hereof, and all other payments to be made
in accordance with or pursuant to any other provision of this Agreement,
may be pledged and assigned, subject to application in accordance with
the provisions of any Financial Instrument, to secure the payment of any
obligations of FGU authorized by this Agreement or Financial Products
and Member hereby expressly acknowledges and consents thereto.
SECTION 14. Event of Default.
Failure of Member to make to FGU when due any of the payments
for which provision is made in this Agreement shall constitute an
immediate default on the part of Member.
SECTION 15. Continuing Obligation, Right to Discontinue Service.
In the event of any default referred to in Section 14 hereof, Member
shall not be relieved of its liability for payment of the amounts in default
and FGU shall have the right to recover from Member any amount in
default. In enforcement of any such right of recovery, FGU may bring
any suit, action, or proceeding in law or in equity, including mandamus,
injunction, specific performance, declaratory judgment, or any
combination thereof, as may be necessary or appropriate to enforce
any covenant, agreement or obligation to make any payment for which
provision is made in or contemplated by this Agreement or Financial
Instrument, against Member, and FG U may, upon five (5) days written
notice to Member, cease and discontinue, either permanently or on a
20
temporary basis, providing all or any portion of the Gas sold hereunder
or Member's Gas Allocation Share.
SECTION 16. Transfer of Gas Allocation Shares Following Default.
In the event of a default by Men1ber and pennanent discontinuance
of service of Member's Gas Services Agreement pursuant to Section 15,
FGU is hereby appointed the agent of Member for the purpose of
disposing of Member's Gas Allocation Share and as such agent, FGU
shall proceed to dispose of the defaulting Member's Gas Allocation Share
as follows:
(a) FGU shall, as soon as possible, terminate any spot, short
term or terminable supply of Gas.
(b) FGU shall then, with respect to long term or non-terminable
Gas, offer to transfer to all other nondefaulting Members, a pro rata
portion of the defaulting Member's Gas Allocation Share which shall have
been discontinued by reason of such default. Any part of such Gas
Allocation Share of a defaulting Member which shall be declined by any
nondefaulting Member shall be reoffered pro rata to the nondefaulting
Members which have accepted in full the first such offer; such reoffering
shall be repeated until the defaulting Member's Gas Allocation Share has
been reallocated in full or until all nondefaulting Members have declined
to take any portion or additional portion of the defaulting Member's Gas
Allocation Share.
(c) In the event less than all of a defaulting Member's Gas
Allocation Share shall be accepted by the other nondefaulting Members,
pursuant to clause (b) above, FGU shall, to the extent permitted by la\v,
use its reasonable best efforts to sell the remaining portion of a
defaulting Member's Gas Allocation Share for the remaining term of the
defaulting Member's All Requirements Gas Services Agreement with FGU.
(d) Any portion of the Gas Allocation Share of a defaulting
Member transferred pursuant to this Section to a nondefaulting Member
in accordance with clause (c) above, shall become a part of and shall be
added to the Gas Allocation Share of each transferee Member effective on
and as the date of transfer, and the transferee Member shall be obligated
to pay for its Gas Allocation Share increased as aforesaid, as if the Gas
Allocation Share of the transferee Member in its All Requirements Gas
Services Agreement with FGU had been stated originally to increase as
aforesaid on the effective date of the transfer.
(e) In the event less than all of a defaulting Member's Gas
Allocation Share shall be sold or transferred pursuant to the foregoing
clauses of this Section 16, FGU shall, to the extent permitted by law, use
21
. . _ ' . ! '~, ~ "'. , . '. ".. .' , . J ~ . . f :. i
its reasonable best efforts to sell the remaInIng portion of a defaulting
Member's Gas Allocation Share on such terms and conditions as are
acceptable to FGU.
The defaulting Member shall remain liable for all payments to be
made on its part pursuant to this Agreement, except that the obligation
of the defaulting Member to pay FGU shall be reduced to the extent that
payments shall be received by FGU for that portion of the defaulting
Member's Gas Allocation Share which may be transferred or sold as
provided in this Section 16.
SECTION 17. Other Default by Member.
In the event of any default by Member under any other covenant,
agreement or obligation of this Agreement other than Section 15 hereof,
which shall be governed by Sections 15 and 16 hereof, FGU may bring
any suit, action, or proceeding in law or in equity, including mandamus,
injunction, specific performance, declaratory judgment, or any
combination thereof, as may be necessary or appropriate to enforce any
covenant, agreement or obligation of this Agreement against Member.
Such remedies shall be in addition to all other remedies provided for
herein.
SECTION 18. Default by FGU.
In the event of any default by FGD under any covenant, agreement
or obligation of this Agreement, Member's remedy for such default shall
be limited to mandamus, injunction, action for specific performance or
any other available equitable remedy designed to enforce any covenant,
obligation or agreement of FGD hereunder as may be necessary or
appropriate.
SECTION 19. Abandonment of Remedy.
In case any proceeding taken on account of any default shall have
been discontinued or abandoned for any reason, the parties to such
proceedings shall be restored to their former positions and rights
hereunder, respectively, and all rights, remedies, powers and duties of
FGU and Member shall continue as though no such proceedings had
been taken.
SECTION 20. Waiver of Default.
Any waiver at any time by either FGU or Member of its rights with
respect to any default of the other party hereto, or with respect to any
other matter arising in connection with this Agreement, shall not be a
waiver with respect to any subsequent default, right or matter.
22
SECTION 21. Relationship to and Compliance \vith Other
Instruments.
(a) It is recognized by the parties hereto that FGU, in
undertaking, or causing to be undertaken, the planning, acquisition, and
supply of Gas hereunder, may be required to comply with the
requirements of the Gas Purchase Contract, the Financial Instrun"lents
and all licenses, permits and regulatory approvals necessary therefor,
and it is therefore agreed that the performance of FGU under this
Agreement is made subject to the terms and provisions of the Gas
Purchase Contract, Financial Instruments and all such licenses, permits
and regulatory approvals.
(b) FGU covenants and agrees to use its best efforts for the
benefit of Member to comply in all material respects with all terms,
conditions and covenants of the Gas Purchase Contract and all licenses,
permits and regulatory approvals relating thereto. FGU shall diligently
pursue all rights and remedies set forth in the Gas Purchase Contract.
SECTION 22. Measurement of Gas.
All Gas delivered hereunder shall be metered at the Point( s) of
Delivery by meters operated by Transporter, or as the parties shall
otherwise agree.
SECTION 23. Liability of Parties.
(a) Except as otherwise herein provided, FGU and Member shall
each assume full responsibility and liability for the maintenance and
operation of their respective properties and each shall, to the extent
permitted by law, indemnify and save harmless the other from all liability
and expense on account of any and all damages, claims, or actions,
including injury to or death of persons arising from any act or accident in
connection with the installation, presence, maintenance and operation of
the property and equipment of the indemnifying party and not caused by
the negligence of the other party; provided that any liability which is
incurred by FGU hereunder and not covered, or not covered sufficiently,
by insurance shall be paid solely from the revenues of FG U derived from
sales of Gas and other services under this Agreement, and any payments
made by FGU, or which FGU is obligated to make, to satisfy such liability
shall become part of Monthly Costs.
(b) For purposes of any indemnification under this Section 23,
(i) promptly after the party seeking indernnification (the
"Indemnified Party") learns of any event or circumstance, including,
without limitation, any claim or assertion by a third party that, in the
23
judgment of the Indemnified Party, may give rise to a claim for
indemnification hereunder (each such claim being referred to as a "Loss"
and collectively as "Losses"), the Indemnified Party shall deliver to the
party from which indemnification is sought (the "Indemnifying Party") a
certificate (the "Certificate"), which Certificate shall:
(1) state that the Indemnified Party has incurred or
anticipates that it will incur a Loss for which such Indemnified
Party is entitled to indemnification pursuant to this Agreement;
and
(2) specify in reasonable detail each individual item of
Loss included in the amount so stated, the date such item arose or
was incurred, the basis for any anticipated Loss or Losses and the
nature of the claim to which the Loss is related and the
computation of the amount to which such Indemnified Party
claims to be entitled hereunder;
provided, however, that any failure or delay by the Indemnified Party in
delivering a Certificate to the Indemnifying Party shall not affect the
Indemnified Party's right to indemnification under this Section 23, except
to the extent that the Indemnifying Party is able to establish damages
resulting directly from such failure or delay.
24
(ii) If the Indemnifying Party objects to the claim for the
indemnification by an Indemnified Party in respect of any Loss, the
Indemnifying Party shall, within thirty (30) days after receipt by the
Indemnifying Party of such Certificate, deliver to the Indemnified Party a
written notice to such effect and the Indemnifying Party and the
Indemnified Party shall, within the 3D-day period beginning on the date
of receipt by the Indemnified Party of such written objection, attempt in
good faith to agree upon the rights of the respective parties with respect
to each of such claim to which the Indemnifying Party shall have so
objected. If the Indemnified Party and the Indemnifying Party shall
succeed in reaching agreement on their respective rights with respect to
any of such claims, the Indemnified Party and the Indemnifying Party
shall promptly prepare and sign a memorandum setting forth such
agreement.
(iii) Notwithstanding any provision hereof, if any claim for
any Loss is asserted against FGU hereunder, FGU may, at its option,
aSSUlne the defense of the Indemnified Party against such claim or may
undertake any remedial action required in connection therewith or both
(including the employment of counsel, and the payment of expenses),
provided, however, that any failure or delay by the Indemnified Party in
delivering such \vritten notification to FGU of any such occurrence, event
, ' I ~ ,.. 'I:. , . ....' . ~' ,,' . J t ..' , ',...~' ,r, .:. j' '. ., t:,~,.; ~ . . " ' . " "
or circumstance, other than the filing of any such claim, action or
proceeding, shall not affect the Indemnified Party's right to
indemnification under this Section 23, except to the extent that FGU is
able to establish its damages resulting directly from such failure or delay.
(iv) Until the Indemnifying Party shall have assumed the
defense of the Indemnified Party against such claim following the delivery
of such notice, the Indemnified Party may, but shall not be obligated to,
undertake the defense of such claim on behalf of and for the account and
risk of the Indemnifying Party, and if such Indemnified Party is entitled
to indemnification under this Section 23, all legal or other expenses
reasonably incurred by the Indemnified Party shall be borne by the
Indemnifying Party.
(v) Any Indemnified Party shall have the right to employ
separate counsel in any such action or claim and to participate in the
defense thereof, but except with respect to FGU, the fees and expenses of
such counsel shall not be at the expense of the Indemnifying Party
unless (1) the Indemnifying Party shall have failed, within ten (10) days
after having been notified by the Indemnified Party of the existence of
such claim as provided in the preceding sentence, to assume the defense
of such claim or to notify the Indemnified Party in writing that it will
assume the defense of such claim, or (ii) the employment of such counsel
has been specifically authorized in writing by the Indemnifying Party,
and in each case above, FGU whether as an Indemnifying Party or an
Indemnified Party shall have the right to assume full control of the
defense of the claim or Loss in the manner provided below.
. (vi) An appealable final judgment will not give rise to an
indemnification payment obligation if and only to the extent that the
Indemnifying Party diligently undertakes an appeal of such final
judgment and posts a supersedeas bond or takes other action which
prevents the execution of the final judgment pending the appeal.
Notwithstanding the foregoing (x) any liability or Loss incurred by FGU
hereunder shall be paid in the manner provided above from the revenues
of FGU derived from sale of Gas or other services hereunder, as a part of
the Monthly Costs; (y) FGU shall in all events, at its option, have the
right to assume the defense of any claim for any Loss whether against
the Indemnifying Party or as an Indemnified Party and shall be entitled
to be reimbursed for the full amount of any such costs of defense
including fees and expenses of counsel in trial or on appeal; and (z) as a
part of its control of the defense of any claim for Loss, FGU shall have the
full right and authority to compromise or settle any such claim or Loss
for and on behalf of and for the account and risk of the Indemnifying
Party, the Indemnified Party and/ or itself.
25
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(vii) After any such claim has been filed or initiated, each
party shall make available to the other and its attorneys and accountants
all pertinent information under its control relating to such claim which is
not confidential or proprietary in nature or which is made available
under the terms of a confidentiality agreement or is delivered or obtained
under appropriate protective orders satisfactory to such party and the
parties agree to render to each other such assistance as they may
reasonably require of each other in order to facilitate the proper and
adequate defense of any such claim.
(viii) In no event shall the indemnification obligations of the
Indemnifying Party under this Section 23, whether based on contract,
warranty, tort (including negligence), strict liability or otherwise, extend
to or include special, incidental, consequential or punitive damages of
any kind whatsoever, except to the extent that the Indemnified Party is
obligated to pay any of such damages to a third party under any claim
for which such indemnification is sought.
SECTION 24. Sale of Member's Excess Gas Allocation Share.
Unless Member shall specifically direct FGU to the contrary, FGU
shall use its best efforts to terminate or sell and transfer on behalf of
such Member for any period of time all or any part of such excess Gas to
such other Member or Members as shall agree to take such excess Gas,
at such prices as may be agreed to, provided, however, that in the event
the other Members do not agree to take the entire amount of such
excess, FGU shall have the right, to the extent permitted by law, to
dispose of such excess to other parties. If all or any portion of such
excess of the Gas sold hereunder or Member's Gas Allocation Share, is
sold pursuant to this Section 24, Member's Gas and/ or Gas Allocation
Share and resulting payments hereunder shall not be reduced, and
Member shall remain liable to FGU to pay the full amount due as if such
sale had not been made; except that such liability shall be discharged to
the extent that FGD shall receive payment for such excess from the
purchaser or purchasers thereof and that any amounts received by FGU
as payment for such excess which is greater than the liability owed by
Member to FGU in respect of such excess shall be promptly paid by FGU
to Melli ber.
SECTION 25. Assignment of All Requirements Gas Services
Agreement, Sale of Member's System.
(a) This Agreement shall inure to the benefit of and shall be
binding upon the respective successors and assigns of the parties to this
Agreement; provided, however, that, except as provided in Section 16
hereof in the event of a default, and except for the assignment and pledge
26
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authorized by paragraph (b) of this Section 25 and for the assignments
authorized by paragraph (c) of this Section 25, neither this Agreement
nor any interest herein shall be transferred or assigned by either party
hereto except with the consent in writing of the other party hereto.
(b) Member acknowledges and agrees that FGU may assign and
pledge to any party to which it may be obligated hereunder or under the
Financial Instruments, all its right, title, and interest in, to and under
this Agreemen t~ and all payments to be made to FG U under the
provisions of this Agreement as security for payment of obligations
thereunder~ and may deliver possession of this Agreement to an agent of
such party in connection therewith, and, upon such assignment and
pledge, FGU may grant to such party any rights and remedies herein
provided to FGU, and thereupon any reference herein to FGU shall be
deemed, with the necessary changes in detail, to include such trustee
which shall be a third party beneficiary of the covenants and agreements
of Member herein contained.
(c) Member agrees that, except as otherwise provided herein, it
will not sell, lease, abandon or otherwise dispose of all or substantially
all of its System except upon ninety (90) days prior written notice to FGU
and, in any event, will not sell, lease, abandon or otherwise dispose of
the same unless the following conditions are met: (i) Member shall,
subject to the Gas Purchase Contract, assign this Agreement and its
rights and interest hereunder to the purchaser or lessee of said System,
if any, and any such purchaser or lessee shall assume all obligations of
Member under this Agreement and shall have the financial capacity to do
so; and (ii) FGU shall be permitted by then applicable law to sell Gas to
said purchaser or lessee.
(d) Member, in making or accepting such assignment, shall
agree to assume any costs incurred in reporting the assignment as a
"material event" or such other event pursuant to the Rule or any
successor provision, or any law, judicial decision, regulation, rule or
policy now or hereafter imposed by the United States of America, the
State of Florida, or any political subdivision or agency of either having
jurisdiction over such matters, requiring any such reporting.
SECTION 26. Termination or Amendment of Contract.
(a) This Agreement shall not be terminated by either party
under any circumstance~ whether based upon the default of the other
party under this Agreement or any other instrument or otherwise except
as specifically provided in this Agreerrient.
27
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(b) This Agreement shall not be terminated, amended, modified,
or otherwise altered in any manner that will adversely affect the security
for any obligations authorized by FGU afforded by the provisions of this
Agreement upon which the o\\'ners from time to time of such obligations
shall have relied or with respect to the obligations of the Gas Purchase
Contract or Financial Instruments entered into by FGU, in its name, or
on behalf of some or all of Members. So long as any of such obligations
are outstanding or until adequate provisions for the payment thereof
have been made in accordance with the provisions of the instruments
authorizing such obligations, this Agreement or Financial Instruments,
shall not be terminated, amended, modified, or otherwise altered in any
manner which will reduce the payments pledged as security for such
obligations or extend the time of such payments provided herein or
which will in any manner impair or adversely affect the rights of the
owners from time to time of such obligations.
(c) Except as otherwise provided for Special Projects, no All
Requiremen ts Gas Services Agreement entered in to between FG U and
another Member may be amended so as to provide terms and conditions
substantially different from those herein contained, except upon written
notice to and written consent or waiver by each of the other Members,
and upon similar amendment being made to the All Requirements Gas
Services Agreement of any other Members requesting such amendment
after receipt by such Member of notice of such amendment. In such
event, no such amendment shall cause any increase in Monthly Costs or
other increased obligations or burdens to those Members who do not sign
substantially similar amendments.
SECTION 27. Force Majeure.
(a) In the event that either FGU or Member ("Party" or "Parties"),
is rendered unable, wholly or in part, by force majeure to carry out its
obligations under this Agreement or any subsequent service agreement
between the Parties contemplated herein, other than the obligation of
Member to make payments due hereunder, including the payment of
Monthly Costs and other amounts due under Sections 3 and 4, it is
agreed that upon such Party giving notice and full particulars of such
force majeure in writing to the other Party as soon as possible after the
occurrence of the cause relied on, then the obligations of the Party giving
such notice (other than the obligation to make payments due), so far as
they are affected by such force majeure, shall be suspended during the
continuance of any inability so caused but for no longer period, and such
cause shall as far as possible be remedied with all reasonable dispatch.
It is further agreed that except for the obligation to make payments due,
neither FGU nor Member shall be liable to the other for any damage
occasioned by force maj eure.
28
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, ,I' I"
(b) In the event of any nonperfonnance caused by any of the
forces described in clause (c) the Party affected shall within twenty-four
(24) hours promptly notify the other Party verbally, and within two (2)
working days of nonperfonnance provide the other Party with written
confirmation of the nature, cause, date of commencement and
anticipated extent of such nonperformance.
(c) The term "force majeure" as employed herein shall mean acts
of God, strikes, lockouts, or other industrial disturbances, acts of the
public enemy, wars, blockades, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, storms, floods, freezes,
washouts, arrests and restraints of governments and people, civil
disturbances, explosions, breakage or accidents to machinery or lines of
pipe, the necessity for making repairs or alterations to machinery or lines
of pipe (other than regularly scheduled or routine maintenance), freezing
of wells or lines of pipe, planned or unplanned outages, disruptions or
curtailments by Transporter, Member or other parties in the
transportation of the Gas, partial or entire failure of source of supply,
acts of civil or military authority (including, but not limited to, courts or
administrative or regulatory agencies), and any other similar or related
cause, whether or not enumerated herein, and whether caused or
occasioned by or happening on account of the act or omission of FGU or
Member or any other person or concern, not reasonably within the
control of the Party claiming suspension and which by the exercise of
due diligence such Party is unable to prevent or overcome; such term
shall likewise include, without limitation;
(1) in those instances where either Party is required
to obtain servitude, rights of way grants, permits or licenses
to enable such Party to fulfill its obligations hereunder, the
inability of such Party to acquire, or the delays on the part of
such Party in acquiring, at reasonable cost and after the
exercise of reasonable diligence, such servitude, rights of
way grants, permits or licenses; and
(2) in those instances where either Party is required
to. furnish materials and supplies for the purpose of
constructing or maintaining facilities or is required to secure
grants or permissions from any governmental agency to
enable such Party to fulfill its obligations hereunder, the
inability of such Party to acquire, or the delays on the part of
such Party in acquiring, at reasonable cost and after the
exercise of reasonable diligence, such materials and
supplies, permits and permissions.
29
. .' ~ <, ' ' . " , . '. . .' ' . , ' .
(d) The settlement of strikes or lockouts shall be entirely within
the discretion of the Party having the difficulty, and the above
requirement that any force majeure shall be remedied with all reasonable
dispatch shall not require the scttlclTIcn t of strikes or lockouts by
acceding to the demands of the opposing Party when such course is
inadvisable in the discretion of the Party having the difficulty.
(e) If a force majeure prevents or curtails FGU's delivery of Gas
under the Gas Purchase Contract, FGU shall use reasonable efforts to
locate and make available to Mcmber Gas from an alternative source at
the then prevailing prices as F'GU may reasonably determine, until the
force majeure affecting the supply of Gas has cnded.
SECTION 28. ,Member Represcntative.
Member shall appoint from time to time by motion or resolution of
its governing body and provide to FGU evidence thereof, and written
notice of the name, mailing address, telephone number and facsimile
transmission number of one or more employees or agents with authority
to give instructions required by this Agreement and otherwise exercise
decisions by Member required under this Agreement (the "Member
Representative") .
(1) The Member Representative, or its designee as
provided below, shall represent Member in giving and receiving
notices and directives regarding the routine operational decisions,
which decisions may be relied upon by FGU and shall be
contractually binding upon Member.
(2) The Member Representative may also, if so stated,
represent Member in giving and receiving notices, Directives and
Addenda, taking actions or making decisions required or that may
be exercisable under this Agreement, or approving and executing
any Financial Products provided by any Financial Instrument
hereunder, in each case, for and on behalf of Member. Such
Financial Products may involve those risks and have
characteristics similar to those set forth in Exhibit A hereto. The
decisions of the Member Representative may be relied upon by
FGU and such action and the due authorization, execution and
delivery of such Directives or Addenda shall be contractually
binding upon Member.
(3) The Member Representative may from time to time
designate an operational representative to discharge its duties and
obligations as set forth in subsection (1) above.
30
'," . ~ I '" .', : '.,' 1 .' t' ..',..,. ,\' : I, . I , ,
(4) Noticcs and directives between The Member
Representative, its designee, and FGU may be transmitted orally
when not required to be in writing, provided that all such notices
and directivcs shall be promptly confirmed by a written notice as
authorized by this Agreement.
SECTION 29. Special Projects.
The MClnbcr Representative and FGU may agree to undertake a
Special Project hcreunder on behalf of Member, in which event FGU shall
maintain separate records for such Special Project. Other Members may
bc afforded an opportunity to participate on an equitable basis in a
Special Project. When a Special Project is operational, FGU may
maintain a separate, subsidiary operating account on, or otherwise
separately track, each such Special Project which will demonstrate the
financial relationship between the Special Project and FGU's general
operating budget. Unless each Member shall become a party to an
agreement substantially similar to this Agreement, this Agreement and
the undertakings hereunder shall create a Special Project.
SECTION 30. Notice and Computation of Time.
Any notice or demand under this Agreement shall be in writing,
and shall be deemed given in writing and properly given if sent by (i)
telegraphic, cable or wireless transmission (including by telecopy,
facsimile, e-mail or other electronic transmission, with appropriate hard
copy being made available) or (ii) delivery to an overnight courier or
delivery service company in a sealed prepaid wrapper, or (iii) . certified
mail, postage prepaid, in each case to the number or address set forth
below, or to such other number or address as a party hereto may give the
other by notice given in accordance with the provisions in this section.
To FGU:
Florida Gas Utility
Attn: General Manager
The Bank of America Building
2815 N.W. 13th Street, Suite 200
Gainesville, Florida 32609
To Member:
Clearwater Gas System
400 N. Myrtle Avenue
Clearwater, FL 33755
Attention: Mr. Brian Langille
Unless otherwise specified herein, a notice is considered effectively given
when it is received by the intended recipient, or when the intended
31
recipient refuses delivery. If u notice is mailed by certified mail, or sent
by courier or delivery service, to the address of the intended recipient
specified above (or such other address as the intended recipient has
previously specified in u written notice pursuant to the provisions
hereon, the notice shull be presumed to have been received or refused by
the intended recipient on the date indicated on the receipt or return
invoice.
SECTION 31. Applicable Law; Construction.
This Agreement is made under and shall be governed by the laws
of the State of Florida. Headings herein are for convenience only and
shall not influence the construction hereof.
SECTION 32. Severability.
If any section, paragraph, clause or prOVlSlon of this Agreement
shall be finally adjudicated by a court of competent jurisdiction. to be
invalid, the remainder of this Agreement shall remain in full force and
effect as though such section, paragraph, clause or provision or any part
thereof so adjudicated to be invalid had not been included herein.
I .
32
, . ," . . " " ' , .' ' I '\ ,
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their proper officers respectively, being
thereunto duly authorized, and their respective seals to be hereto affIxed,
as of the day and year first above written.
FLORIDA GAS UTILITY
By:
Title:
Attest:
Ti tle:
(Seal)
Countersigned:
FLORIDA
CITY OF CLEARWATER,
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne, II
City Manager
Approved as to form:
Attest:
Jane C. Hayman
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
LAKl #232942 vI
11/19/01
33
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Exhibit A
CHARACTERISTICS OF FINANCIAL PRODUCTS
1. Types of Financial Products. The General Manager of
FGU, in accordance with the Financial Derivatives Policy of FGU, may
approve and the Member Representative shall approve on behalf of
Member, Financial Products which may consist of the following, without
limitation:
(a) Swaps. Fixed to floating swaps, pursuant to which the
price of the Member's Allocable Share of Gas under the All Requirements
Gas Services Agreement, is effectively converted from a fIXed price of gas
to a floating market price, based on industry standards, or a floating to
fIXed swap pursuant to which the cost of the Member's Allocable Share of
gas under the All Requirements Gas Services Agreement is effectively
converted from a floating market price determined under an applicable
gas supply contract to a fIXed price.
(b) Options, pursuant to which the cost of a Member's
price of gas can be converted to a specified fIXed or floating price in the
future;
(c) Caps or Collars, pursuant to which a Member's price
of gas may be capped at a certain price or index level, or may be allowed
to fluctuate between a top and bottom price or index level, or both;
(d) Hedges, other derivative transactions that may provide
for a balancing of the exposure to financial risks; and
(e) Futures Contracts, for the purchase or sale of natural
gas that is traded for future delivery under exchange regulations.
2. Basic Document Format. The format for each of the
Financial Products may include the Standard ISDA based Master
Agreement (copyrighted in 1992 by the International Swap Dealers
Association, Inc., as amended, changed or updated), and as amended by
appropriate schedules and confirms.
3. Risks assumed in Financial Products. Inherent in
Financial Instruments and the underlying Financial Products will be a
variety of risks including, without limitation:
(a) Counterparty credit risk~, including adverse financial
changes in a counterparty (including bankruptcy) that would tend to
negate the benefit of the Financial Product and may give rise to
termination payments described below;
(b) Rate structuring risks where the payments to be
received from the coun terparty under the Financial Product may not
exactly match the base payments the Member is otherwise obligated to
pay under FGU's applicable Gas Purchase Contract;
(c) Termination risks which may trigger a payment
obligation by FGU (which will be passed through to the Member under
the All Requirements Gas Services Agreement or Financial Instrument),
or a payment obligation directly by Member, if Member, rather than all
Members, is obligated on the Financial Product, whether or not FGU or
the Member causes or is responsible for the Termination. Terminations
can arise from a variety of causes, including a default by either the
Member or the counterparty, a downgrade in the credit rating of the
counterparty, a counterparty merger pursuant to which the surviving
entity either fails to assume the swap obligation or has a materially
weaker financial condition, bankruptcy of the counterparty, defaults
under other payment obligations by either the counterparty, or FGU or
the Member, defaults by other participating Members under similar
Financial Product transactions (to the extent applicable), and general
illegality of the basic Financial Instruments.
Termination payments arising from any of the foregoing
occurrences may be calculated under either a market quotation basis
pursuant to which formal bids to "buyout of' the contractual obligation
are required, or on a "Loss" basis pursuant to which the financial loss
suffered by a party in connection with the Termination is subjectively
determined by that party. Termination Payments may be subject to
negotiation to require payments only where FGU or the Member is "at
fault," rather than without regard to whether FGU or a Member is at
fault in causing the Termination.
2
(d) Margin calls or other obligations to pay, related to
Futures Contracts pursuant to which a Member shall be obligated to
provide margin call requirements on short notice.
4. Netting issues pursuant to which payments owed by the
counterparty under the Financial Instrument with respect to
transactions entered into for a Member may be netted against other
payments from the counterparty with respect to transactions for other
Members.
LAKl #232942 vI
11/19/01
"
Exhibit B
DESCRIPTION OF SYSTEM
(including gas burning or distribution facilities)
City of Clearwater, d. b.a. Clearwater Gas System
. 298 Square Mile service territory
. Serving nearly 16,000 customers in 17 municipalities & two Counties
. Annual throughput: 20.5 million therms
. Annual revenues: $30.2 million
. 4 Gate Stations
. 650.6 miles of distribution main
Note: Numbers are as of9/30/01
LAKl #232942 vI
11/19/01
I;"
..iL
Exhibit C
MEMBER OUTSTANDING OBLIGATIONS
Infinite Energy, Inc.
750 Dekatherms per day (expires on 7/31/02)
LAKl #232942 vI
11/19/01
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Exhibit D
EXCLUDED RESOURCES
None
LAKl #232942 vI
11/19/01
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,.
Appendix 1
SCHEDULE OF MEMBERS
Name and Address of
Member
To be determined by 2/1/02.
LAK1 #232942 vI
11/19/01
Ii
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. Appendix 2
MEMBER'S POINT OR POINTS OF DELIVERY
MEMBER
Clearwater
POINT OR POINTS OF DELIVERY
. North Gate Station:
1010 N. Hercules Ave, Clearwater, DRN# 3171
. South Gate:
2531 Nursery Rd, Clearwater, DRN # 3172
. Northeast Gate:
2910 McMullen Booth Rd, Clearwater, DRN# 3168
. Trinity Gate:
8017 Mitchell Blvd, New Port Richey (Pasco County), DRN# 291990
LAKl ##232942 vi
11/19/01
" . 1 . : . , ,,\ I ", . .' c
, .
Appendix 3
FORM OF OPINION OF COUNSEL TO MEMBER
_, 200_
[Underwriters, Counterparties
or other Interested Parties]
Florida Gas Utility
The Bank of America Building
2815 NW 13th Street, Suite 200
Gainesville, FL 32609
Re: All Requirements Gas
Agreemen t[; Other
Instruments]
Services
Financial
Ladies and Gentlemen:
I am counsel to the [please insert] (the "Public
Agency"), and am furnishing this opinion to you in connection with the
All Requirements Gas Services Agreement [Financial Instrument] (the
"Agreement"), dated as of , and executed between Florida Gas
Utility ("FGU"), [ ] and the Public Agency as a Member and
purchaser of Gas from FG U.
All terms used herein in capitalized form and not otherwise
defined herein shall have the same meanings as ascribed to them in the
Agreement.
In connection with this opinion, I have examined originals or
copies, certified or otherwise identified to my satisfaction, of the
following:
(a) The Constitution and laws of the State of Florida including,
as applicable, special acts, ordinances, charters and
agreements pursuant to which the Public Agency was
created and by which it is governed;
(b) Resolution No. _, duly adopted on , 2001
[please insert one or, if applicable, more resolution
numbers and dates] (collectively, the "Resolution"), and
certified as true and correct by certificate and seal as of
[ ], authorizing the Public Agency to execute and
deliver (i) the All Requirements Gas Services Agreement
described below and (ii) [other Agreement], in accordance
with the provisions of the Constitution of the State of
Florida, the Florida lnterlocal Cooperation Act of 1969,
Section 163.01 and Chapter 166, Florida Statutes, and other
applicable provisions of law;
(c) A copy of the All Requirements Gas Services Agreement
[other Agreement] executed by the Public Agency;
(d) The Interlocal Agreement dated September 1, 1989, as
amended on June 1, 1992, and as amended and restated by
Amended and Restated lnterlocal Agreement dated as of
July 1, 1996, and thereafter amended and restated by
Second Amended and Restated lnterlocal Agreement dated
as of July 27, 1999, between the Public Agency and the
other public agencies named therein (the "Interlocal
Agreemen t") ;
(e)
[The Official Statement, [Private
Memorandum] [Other] dated as of [
[ ];]
Placement
], relating to
2
(f) [The Continuing Disclosure Agreement, dated as of
[ ] (the "Continuing Disclosure Agreement"),
among the Public Agency, FGU, and [ ]; and]
(g) All outstanding instruments relating to bonds, notes or other
indebtedness of or relating to the Public Agency's System.
I have also examined and relied upon originals or copies, certified
or otherwise authenticated to my satisfaction, of such other records,
documents, certificates and other instruments, and made such
investigations of law, as in my judgment I have deemed necessary or
appropriate to enable me to render the opinions expressed below.
Based upon the foregoing, I am of the opinion that:
1. The Public Agency is [a public body corporate and municipal
corporation of the State of Florida], [a utility authority and a
part of government of th'e City of ], [a public agency as
defined in Section 163.01(3)(b), Florida Statutes, as amended,
and an electric utility as defined in Section 361.11(2), Florida
Statutes, as amended] [PLEASE SELECT AS APPROPRIATE],
duly organized and validly existing under the laws of the State of
. , ',! ",/ ,,'j ~,I,,' ", I'! '."j .)....:,.!I......'.'I'.~' , , ~, : 't, ,1 ',: ,', ~I'l'.:'" t 'l'~.": :" '.> ,'" '.~," :....~ ".', " I'~:~' '.':' ,,:',"'.>. ".'
Florida, with the legal right to carry on the business of its System
as currently being conducted and as proposed to be conducted [as
described in the [Official Statement] [Private Placement
Memorandum] [other].]
2. The Public Agency has the right and power to adopt the
Resolution, and the Resolution has been duly adopted by the
Public Agency and is in full force and effect as of the date hereof in
the form in which adopted.
3. The All Requirements Gas Services Agreement[, the Financial
Instrument] [,the Continuing Disclosure Agreementl]
(collectively, the "Agreements") and the Interlocal Agreement have
been duly and lawfully authorized, executed and delivered by the
Public Agency, and constitute the legal, valid and binding
agreements and obligations of the Public Agency, enforceable
against the Public Agency in accordance with their respective
terms.
4. The authorization, execution, delivery, receipt and performance of
the Agreements and all agreements and documents provided for or
contemplated by the Resolution do not violate any applicable
judgment or order of any court and do not conflict with or result in
a breach or violation of any of the terms or provisions of, or
constitute a default under, the terms of any statute of the State of
Florida, the Public Agency's ordinances or charter, any
administrative rule or regulation of the State of Florida or any
agency thereof or of any bond resolution, indenture, agreement,
license, permit, franchise, or other instrument to which the Public
Agency is subject, or by which it or any of its properties is bound,
or result in the creation or imposition of any lien, charge or other
security interest or encumbrance of any nature whatsoever upon
any of the properties or assets of the Public Agency, except as
expressly provided by the Agreements, nor do such actions result
in any violation of any order, rule or regulation applicable to the
Public Agency of any court or of any federal, state or other
regulatory authority or governmental body having jurisdiction over
the Public Agency or any federal statute, order, rule or regulation
applicable to the Public Agency or the State of Florida.
1 This phrase will be included only in the opinions of counsel to the following
Project Participants: Florida Municipal Power Agency, Fort Pierce Utilities Authority,
Kissimmee Utility Authority, City of Lakeland, City of Lake Worth, Orlando Utilities
Commission and City of Vero Beach
3
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5. Amounts payable by the Public Agency to FGU pursuant to the All
Requirements Gas Services Agreement [Financial Instrument] will
constitute operating expenses of the Public Agency's System.
6. All approvals, consents or authorizations of, or registrations, or
filings with, any governmental or public agency, authority or
person required on the part of the Public Agency in connection
with the execution, delivery and performance by it of the
Agreements have been obtained or made.
7. There is no action, suit, litigation, inquiry, investigation or other
proceeding by or before any court, governmental agency, public
board or body or other tribunal of competent jurisdiction (either
S tate or Federal) pending or, to the best of my knowledge after due
inquiry, threatened against the Public Agency or its SystelTI which
(a) questions the creation, organization or existence of the Public
Agency, (b) affects or seeks to prohibit, restrain or enjoin the Public
Agency from entering into, or wherein an unfavorable decision
would materially adversely affect the ability of the Public Agency to,
comply with its obligations contained in the Agreements, including
the payment obligations to FGU contained therein, or (c) in any
way affects or questions the validity, legality or enforceability of the
Agreements, nor, to the best of my knowledge, is there any basis
therefor.
8. The Member Representative has the power and authority to enter
into Financial Products of the type described in the All
Requirements Gas Services Agreement or to authorize FGU to
enter into such transactions on the Member's behalf and to bind
the Member with respect thereto, subject in each case to the
general parameters set forth in Exhibit A to the All Requirements
Gas Services Agreement.
The opinions set forth herein as to the enforceability of the
legal obligations of the Public Agency are subject to and limited by (i)
bankruptcy, insolvency, reorganization, moratorium and similar laws, in
each case relating to or affecting the enforcement of creditors' rights
generally, and (ii) other general principles of equity.
Very truly yours,
LAKI #232942 vI
11/19/01
4
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. March 1, 2002
. Statewide Code
Florida Building Codes
Study Commission
. 1996 - State Commission
Established
. To Evaluate Code System
After Hurricane Andrew
· 23 Members
'-''';'''
Intent of Study
To Unify
. South Florida Code
. Disney Code
· SaCCI Code
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Codes Used locally
Southern Building Congress
International or SBCCI Codes
Also Called the
Southern Building Code
Florida Building Codes
Study Commission Duties
· Establish/Maintain Code
· Interpret Code
· Education
· Product Approval
Study Commission
Recom mendation
To the State Legislature
1998
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Recommended
New Code
· 1997 SBCCI Code
. 50/0 Changes
. Provisions for Dade!
Broward Counties
State Legisl ative Action
"Sunset"
City Ordinances That
Adopted SBCCI Codes
Defined in the New Code
. Pinellas County -
Wind-Borne Debris Region
. Dade and Broward Counties -
High Velocity Hurricane Zone
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State Legislative Action
· Statewide Code to Replace
Existing local Codes
· Signed Into Law on
June 8, 2001
o Effective March 1, 2002
Several Codes In One
· Building
· Pool
· Plumbing
· Mechanical
· Handicapped! Accessibility
· Energy
Pinellas County
Wind -Borne Debris Region
· Emphasis - Protect Openings
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-Federal Government Bldgs.
-Railroads & Facilities
-Nonresidential FarnlS
-Construction - Tenlp. Bldgs.
-Mobile Homes - Temp. Offices
How Will This Affect Us?
. All Building Codes In One
- Wind Speed Design Criteria
· Similar Results
Exemptions
, Specia I Electrical Uti lities
· TV/Movies Temporary Sets
· Chickees - Miccosukee
and Senlinole Tribes
Examples of Cu rrent
Construction
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January 24, 2002
READ FILE
COPIES TO'
COMMISSION
CORRESPONDENCE:
JAN 2 4 2002
INVITATIONS:
PRESS
CLERK / AITORNEY
MEETING NOTICES AND MINUTES:
Pinellas Planning Council-Proposed Amendment to the Countywide Future Land Use Plan Map
NEWSLETTERS/PU BLICA TIONS:
Suncoast Earth Force
CON FERENCES/SEMI NARS:
MISCELLANEOUS:
Welcome letter to Countryside Youth Soccer Association & 17th Annual International Soccer Tournament.
Correspondence & pictures from Jack Hayes to Comm Gray - available in Commission office for review
(previously submitted to Former Mayor Rita Garvey) re: budget, monorail, etc.
.
. - . .., ...-'"
~ , .l" . t I . ' . " , I' ' . I
01/22/02 10:19 FAX
19JUl
To the commission and city manager:
Since 1 cannot be with you tomorrow or Thursday] wanted to forward this
in memo form for discussion at the work session.
J was surprised to hear of the Vice Mayor's vote at last week's PPC meeting.
It is my understanding that the amendments to Beach by Design passed at
the PPC by a 13..1 vote with our representative casting the lone dissenting
vote. This is obviously against our policy.
I would appreciate an explanation from the Vice Mayor as to the reasoning
for his vote.
It is my opinion that we need to draft a letter to the PPC clarifying that the
City Commission did in fact support the amendments to Beach by Design.
This will clear up any confusion as to whether the city indeed supported it's
own agenda item and not have the members of this important board
wondering about future city initiatives that come before them.
. At the very least we need to reiterate what our policy is when we as
individual conumssioners represent the city on various boards . We represent
the city based on the vote of the maj ority of the commission, not based on
our individual thoughts or agenda.
I look forward to listening to the discussion
..
.?l;};~<'~>Brian Aungst
,.;:.""
COPIES TO:
COMMISSION
JAN 2 2 2002
PRESS
CLERK I A TIORNEY
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COMMISSION
\\\OL\O~
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CLEARWATER FIRE FIGHTERS ASSOCIATION, INC.
LOCAL 1158
JAN 2 2 2002
TEL 727-442-8419 FAX 727-446-3679
.JOHN LEE fRE.WJ9E.SS ~
DAVID HOGAN st.fY&fffid{;\f~E>Jn~
DAVID BRYAN EXECUTIVE VI' ::.;,,;;
REPRESENTING THE PROFESSIONAL
FIRE FIGHTERS OF:
BELLEAIR, BELLEAIR BLUFFS,
CLEARWATER, EAST LAKE &
NEW PORT RICHEY
806 LAKEVIEW RD.
CLEARWATER, FL 33756
www.pincllas.com/-iaffioca11158
PRESS RELEASE - January 21,2002
N.Y. RESCUE WORKERS COMING TO
CLEARW A TER THIS WEEK.
Clearwater 4R Program
The Clearwater 4R Program, the 4 Rs standing for Re'scue and Recovery, Rest and
Relaxation, is a program that is a partnership of Clearwater citizens and fire fighters.
The local firefighters are represented by their union the International Association of Fire
Fighters Local 1158 based in Clearwater. The program is designed to honor rescue
workers from the September 11 tragedy by providing them and their families
with vacations here in Clearwater. Because the program was created in reaction to the
events of September 11 the Clearwater 4R committee thought it was appropriate to kick
off the program by inviting rescue workers from New York City. Therefore, we have
invited twenty people to come to Clearwater for a well deserved four~day weekend
starting January 24, 2002. Initially available to only four (4) families the total of twenty
people are now comprised of eleven New York City Fire Fighters, seven of whom are
also bring their spouses, and one iron worker who has been working at the World Trade
Center llGround Zero" site. The iron worker is also bringing his spouse.
All twenty are arriving on Thursday January 24. 2002 via Southeast Airlines and they
will be returning the following Monday. Southeast Airlines, which flies between Newark
Airport and St. Petersburg/Clearwater Airport was kind enough to donate some round
trip tickets for these heroes. The balance of tickets were paid for by contributions from
members of the Clearwater 4R committee.
During their stay here in Clearwater they will be put up at several area hotels including
the Best Western Sea Wake, the Holiday Inn SunSpree, the Bay Queen Motel and the
Holiday Inn Express in Dunedin. Each of these hotels are providing their best available
rooms free of charge.
In addition, through contributions from ttle Clearwater Chamber of Commerce and
several local businesses these rescue workers will be able to enjoy such area
attractions as Busch Gardens, the Clearwater Aquarium, Captain Memo's Pirate Cruise,
Sun Cruz Casino Boat and Hubbard's Marina at which they will participate in fishing
charters and dolphin cruises. Ea,ch of these activities are provided free of charge thanks
. ... . I' . , .. j , , .,.' , . :' . ',''': :'. ...: ",I'. .. I:," ". J. ,.'
CLEARWATER FF'S
727 446 3679
01/22/~2 09:22am P. 003
to the generosity of the merchants involved. A complete list of the participating
merchants is available and is being updated almost daily.
The guests will also receive free meals from some of the areas finest and best known
restaurants such as Columbia on Sand Key, Crabby Bill's of Indian Rocks Beach and
The Friendly Fisherman at Hubbard's Marina.
Of most importance to this group is their invitation by County Commissioner John
Morroni to be special guests at the annual Appreciation Dinner that Commissioner John
Morroni hosts every year for local firefighters and police. The dinner will be held Friday
January 25, 2002 and the Clearwater 4R Program committee would like to extend its
gratitude to Clearwater businessman Ed Mazur for his contributions that made it
possible for these heroes to attend that night. The reason the Appreciation Dinner is so
important to this group is because for the past four months every time 1hese rescue
workers have put on their dress uniforms it was usually for the most somber of reasons,
to attend a funeral or memorial service. This dinner gives them the chance to wear their
uniform proudly for an evening of celebration and fun.
Finally, as a sendoff the Clearwater Fire Fighters will be hosting a brunch on Sunday
morning. This brunch will be at the Headquarters Fire Station #45 in Downtown
Clearwater and it will be a chance for our local firefighters and their New York brothers
to gather together and share experiences. Mayor Brian Aungst has also been invited to
meet these national heroes.
The long term goals of the Clearwater 4R program is to be able to do this as a
continuous program, to expand it beyond New York City and, 10 challenge other
municipalities such as Orlando, Daytona Beach, and Miami to provide similar programs.
Since September 11 everyone has found a renewed appreciation for the efforts these
everyday heroes make on our behalf. It is our goal to have Clearwater become known
as "the City with a Heart" and to have firefighters, police and other rescue workers
throughout the country know that they are welcome and appreciated here forever.
Anyone willing to help the Clearwater 4R Program can contact Daniel Dennehy at the
Bay Queen Motel, phone number 727-441-3295 or, David Hogan, Cfearwater
Firefighters Assoc. at 727-442-8419. The Clearwater 4R Program is happy to accept
any help, whether it be contributions of money or services, from anyone who shares our
desire to thank these heroes.