90-37
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RESOLUTION NO. 90-37
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, ESTABLISHING A DISPUTE RESOLUTION
PROCESS RELATING TO THE RECLAIMED WATER SYSTEM PROJECT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Environmental Regulation requires that
a local government establish a dispute resolution process in order to be
eligible to borrow funds from the Wastewater Facilities and Stormwater
Management Systems Revolving Loan Program: and
WHEREAS. the City of Clearwater is applying for a loan .from the Revolving
Loan Program in order to finance a reclaimed water system project, and desires
to establish a dispute resolution process in order to be eligible for such loan:
now therefore
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The Revolving Loan Program Dispute Resolution Process, a copy
of which is attached hereto as Exhibit A and incorporated herein by reference"
is hereby adapted.
Section 2. This resolution shall "take effect immediate upon adoption.
',PASSE~ AND ADOPTED this 16th day of ~D. ~ '. _
Rlta Garvey ~
Mayor-Commissioner
Attest:
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E. Goudeau ' ---
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City of Clearwater, Florida
Revolvina Loan Proaram DisDute Resolution Process
1.' Purpose. The purpose of this dispute resolution process is to
provide for the prompt consideration of protests and appeals from decisions of
the City of Clearwater and its officers and employees relating to the planning,
design, construction and operation of the City of Clearwater Reclaimed Water
System Project, referred to herein as the "Project."
2. Protest Procedure. Any person who can demonstrate that an action
by the City is improper and has caused or will cause a material adverse effect
on such person shall file, at the office of the City Clerk, during the normal
business hours of the City, a written protest within ten calendar days following
notice of such action.
(a) The written protest shall include, as a minimum, the following:
(1) The name, address and signature of the protester. If the
protester is a corporation, partnership or entity other than a natural person,
the full and correct name of the entity and the address of its principle place
of business shall be provided, together with the name, address, signature, and
title or position of the natural person filing the written protest on behalf of
the protester.
(2) A short and plain statement of the facts upon which the protest
is based, including but not limited to a description of the disputed action and
reasons why the disputed action is believed to be improper.
(3) A statement describing how and when the protester received
notice or otherwise became aware of the disputed action.
(4) A statement of how the protester is, or will be, adverse ly and
materially affected by the disputed action. .
(5) A statement of the relief sought.
(6) A certificate that the protester has provided, by mail or by
personal service, a copy of the written protest to any other person who would
be directly and adversely affected by the relief sought, includlng the names and
addresses of such persons.
(7) Any other information material to the protest.
(b) Any written protest filed after the deadline, or not containing the
information and the certificate of service described in subparagraph (a)(l)
through (6) of this paragraph 2, shall not be considered.
3. Informal Resolution. Within seven calendar days following the filing
of the written protest, the city Manager may provide an opportunity to settle
the protest by mutual agreement.
4. Formal Resolution. The dispute may be resolved at a formal hearing.
(a) The City Manager shall, within fourteen days following the fil ing
of the written protest, set a date, time and location for the hearing, which
shall be held not earlier than fourteen days and not later than thirty days
following the filing of the written protest. The hearing shall be held before
the City Manager or an Assistant City Manager designated for such purpose, who
shall be authorized to render a decision on the protest.
(b) Not later than seven days prior to the hearing date, the City Clerk
shall mail a notice of the date, time and location of the hearing to the
protester, to each person who was served with a copy of the written protest,
and to any other person who may be determined by the Cit~ Manager to be a person
who would be directly and adversely affected by the rellef sought. Such notice
shall be deemed complete when mailed. Notice of the hearing shall also be given
to the City Attorney and to the Director of Publ ic Works. The City, the
p'rotester, and each person to whom notice of the hearing was mailed shall be
deemed parties to the protest.
(c) The hearing shall be conducted informally, and the rules of evidence
applicable to civil or criminal proceedings shall not apply. However, all
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testimony shall be taken under oath, and each witness shall be subject to cross-
examination by any party. At the hearing, the protester shall present evidence
and testimony in support of the protest, and shall bear the burden to prove that
the action by the City was improper and has caused or will cause a material
adverse effect on the protester. The City Clerk shall prepare minutes of the
hearing and shall record the hearing on audio tape and maintain the audio tape
on file. However, it shall be the responsibility of any party who may decide
to appeal the decision on the protest to prepare a record of the proceedings,
including a verbatim transcript of the evidence and testimony upon which the
appeal is to be based, the expense of which shall be borne by the party taking
the appeal.
(d) Within ten days following the hearing, the City Manager or the
Assistant City Manager before whom the hearing was conducted shall render a
written decision on the protest, which shall include a summary of material facts
and the justification for the decision. The decision shall be deemed rendered
when reduced to writing, signed, and filed with the City Clerk. Copies of the
decision shall be mailed by the City Clerk to the protester and each other party
on the same or next business day following rendition of the decision.
5. ' Appeal to City Commission. If the protester or any other party to
the protest does not accept the propriety of the decision, the protester or other
party may appeal the dec1sion to the City Commission by filing a written notice
of such appeal with the City Clerk, and by mailing a copy of the notice of appeal
to each other party, not later than fourteen days following the rendition of the
decision.
(a) The notice of appeal shall contain the kind of information and the
certificate of service descrilled in paragraph 2(a}(1} through (6), above. Any
notice of appeal filed after the deadline, or not containing the required
information and certificate of service. shall not be considered.
(b) Within ten days following the filing of the notice of appeal, the
appellant shall file with the City Clerk a record of the proceedings, including
a verbatim transcript of the evidence and testimony upon which the appeal is to
be based, and shall serve a copy upon each other party to the proceedings. If
a verbatim transcript cannot be prepared within the time allowed, the appellant
shall file a notice to that effect with the City Clerk and may file and serve
copies of the transcript at a later date, but not later than the sixth day prior
to the date set by the City Clerk for the hearing before the City Commission.
(c) The City Clerk shall set a date, time and location for a hearing
before the City Commission at a regular or special meeting of the City
Commission, which shall be held not earlier than fourteen days and not later than
forty-five days following the filing of the written protest I and notice thereof
shall be given as provided in paragraph 4(b).
(d) The hearing before the City Commission sha 11 be conducted in the same
manner as the hearing before the City Manager or designated Assistant City
Manager. The appellant shall have the burden to prove that the decision on the
appeal is improper and will cause a material adverse effect on the appellant.
(e) At the conclusion of the hearing, the City Commission may affirm,
affirm with conditions, or reverse the decision, and shall render its decision
in the form of a motion.
(f) -The City Clerk shan prepare minutes of the hearing if conducted at
a special meeting of the City Commission, or incorporate the minutes of the
hearing into the minutes of a regular City Commission meeting, and shall record
the hearing on audio tape and maintain the audio tape on file. However, it shall
be the responsibility of any party who may decide to seek judicial review of the
decision of the City Commission to prepare a record of the proceedings, including
a verbatim transcript of the evidence and testimony upon which the appeal is to
be based, the expense of which shall be borne by the party seeking judicial
review.
6. Decision Deemed Final: Judicial Review. The decision of the City
Commission shall be deemed the final administrative decision of the City on the
action upon which the protest is based, the decision on the protest, and the
appeal from the decision, if any. The decision of the City Commission May be
subject to judicial review in circuit court by con~on law certiorari. A person
who seeks judicial review of an action upon which a protest could have been filed
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under these procedures, or the dec i s i on on such protest, without tak i ng an appea 1
to the City Commission shall be deemed to have failed to exhaust his or her
administrative remedies.
7. Exclusions. This dispute resolution process shall not be applicable
to the following, which shall be handled 1n accordance with the City's
established procedures for such disputes:,
, (a) Disputes relating to the purchase by the City of services or
materials.
(b) Disputes relating to wages, hours and other working conditions of
officers and employees of the City.
(c) Disputes brought by subcontractors, suppliers and laborers not in
privity of contract with the City, except to the ~xtent that any such person may
claim that a decision of the City has caused or will cause an improper action.
however, nothing herein shall be construed as giving subcontractors, suppliers
and laborers not in privity of contract with the City any rights or remedies in
addition to those available under the mechanic's lien law of the State of
Florida. '
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