09/02/2004
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City Council Agenda
Date: 09/02/2004 6: 00 PM
Location: Council Chambers - City Hall
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 Council shall be limited to three (3)
minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding
items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a maximum
of ten (10)minutes. Prior to the item being presented, please obtain the needed form to designate
a spokesperson from the City Clerk (righthand side of dais). Up to thirty minutes of public comment
will be allowed for an agenda item. No person shall speak more than once on the same subject
unless granted permission by the City Council. 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 Call to Order
2 Invocation
3 Pledge of Allegiance
4 Introductions and Awards:
4.1 Award for the Clearwater Public Works departments from the Florida Engineering
Society - Florida Professional Engineers
5 Presentations:
5.1 End of Session Report and Presentation - Rep Berfield
6 Approval of Minutes
6.1 City Council - Aug 5, 2004
6.2 City Council - Aug 16, 2004
7 Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
8 Administrative public hearings
- Presentation of issues by City Staff
- Statement of case by applicant or representative (5 min.).
- Council Questions
- Comments in support or opposition (3 min. per speaker or 10 min. maximum as
spokesperson for others that have waived their time).
- Council Questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
8.1 Approve the recommended Penny for Pinellas project list, as revised, for Fiscal Years
2004/05 through 2009/10.
8.2 Pass Ordinance #7337-04, Millage Ordinance, on first reading to set a final millage rate
of 5.753 mills for fiscal year 2004/05 levied against non-exempt real and personal
property within the City.
8.3 Pass Ordinance #7338-04, Annual Operating Ordinance, on first reading, adopting the
City of Clearwater Annual Operating Budget for the 2004/05 fiscal year.
8.4 Pass Ordinance 7339-04 the Capital Improvement Ordinance, on first reading,
adopting the Fiscal Year 2004/05 Capital Improvement Budget and establishing a
six-year plan for the Capital Improvement Program (CIP).
9 Quasi-judicial public hearings
None
10 Second Readings - public hearing
10.1 Adopt Ordinance No. 7310-04 on second reading, annexing certaing real property
whose Post Office address is 404 Oakmount Rd., into the corporate limits of the City,
and redefining the boundary lines of the City to include said addition.
10.2 Adopt Ordinance No. 7311-04 on second reading, amending the Future Land Use Plan
element of the Comprehensive Plan of the City, to designate the land use for certain
real property whose Post Office address is 404 Oakmount Rd., upon annexation into
the City of Clearwater as Residential Low.
10.3 Adopt Ordinance No. 7312-04 on second reading, amending the zoning atlas of the
City by zoning certain real property whose Post Office address is 404 Oakmount Road,
upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
10.4 Adopt Ordinance No. 7313-04 on second reading, annexing certain real property
whose Post Office Address is 1627 Sherwood Street, into the corporate limits of the
City, and redefining the boundary lines of the City to include said addition.
10.5 Adopt Ordinance No. 7314-04 on second reading, amending the Future Land Use Plan
element of the Comprehensive Plan of the City to designate the land use for certain
real property whose Post Office address is 1627 Sherwood Street, upon annexation
into the City of Clearwater, as Residential Low.
10.6 Adopt Ordinance No. 7315-04 on second reading, amending the Zoning Atlas of the
City by zoning certain real property whose Post Office address is 1627 Sherwood
Street, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
10.7 Adopt Ordinance No. 7316-04 on second reading, annexing certain real property
whose Post Office address is 1616 North Betty Lane, into the corporate limits of the
City, and redefining the boundary limits of the City to include said addition.
10.8 Adopt Ordinance No. 7317-04 on second reading, amending the Future Land Use Plan
element of the Comprehensive Plan of the City, to designate the land use for certain
real property whose Post Office address is 1616 North Betty Lane, upon annexation
into the City of Clearwater, as residential low.
10.9 Adopt Ordinance No. 7318-04 on second reading, amending the Zoning Atlas of the
City by zoning certain real property whose Post Office address is 1616 North Betty
Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
City Manager Reports
11 Consent Agenda
11.1 Approve Change Order NO.1 - Final to the Reservoir NO.1 Reverse Osmosis Water
Plant to Westra Construction Corporation of Palmetto, Florida, increasing the Contract
by $140,010.18 for a new Contract total of $2,909,043.18 and ratify and confirm a time
extension of seventy-eight (78) days, and that the appropriate officials be authorized to
execute same.
11.2 Approve transferring $238,823.65 from the Garage Fund Retained Earnings to
Motorized Equipment - Cash project 315-94222.
11.3 Approve the purchase of property, casualty, liability, workers' compensation,
emergency medical services(EMS), fuel tank, and flood insurance coverage for Fiscal
Year 2004/2005 as provided for in this agenda item in an amount not to exceed
$1,750,000.
11.4 Approve an Agreement between the City and the Clearwater Regional Chamber of
Commerce for tourism services in Fiscal Year 2004-2005 in return for funding in the
amount of $ 170,000 and authorize the appropriate officials to execute same.
11.5 Declare two Steadfast pedestrian bridges surplus to the needs of the City and
authorize disposal through sealed bid sale.
11.6 Approve a one-year funding agreement, in the amount of $281 ,220 between Jolley
Trolley Transportation of Clearwater Inc. and the City of Clearwater for the operation of
transportation and trolley services on Clearwater Beach, Island Estates, Sand Key and
services from Clearwater Beach to Downtown Clearwater and authorize the appropriate
officials to execute same.
11.7 Contract with the Pine lias County Sheriff's Office, Largo, Florida, for latent fingerprint
and crime scene services including evidence and property storage during the contract
period October 1, 2004, through September 30, 2005, at a cost of $509,932.11 ,
and that the appropriate officials be authorized to execute same.
11.8 Approve the transfer of $18,719.89 received from Clearwater Housing Authority for
payment in lieu of taxes (PILOT Funds) to the Clearwater Homeless Intervention
Project, Inc. (CHIP), and that the appropriate officials be authorized to execute same.
11.9 Approve an Amendment to Lease between the City of Clearwater and the State of
Florida Department of Transportation, authorizing the extension of the lease term by
fifty (50) years for the Courtney Campbell Causeway, and that the appropriate officials
be authorized to execute same.
11.10 Approve payment to the Clerk of the Circuit Court in the amount of $111 ,141.78 for the
costs of processing parking citations for the period October 1, 2003 through June 30,
2004.
11.11 Approve the Agreement between the Florida Department of Environmental Protection
pursuant to the Environmental Protection Agency Grant Award for funding for the
Kapok Wetland and Floodplain Restoration Project in the amount of $500,000 and
authorize the appropriate officials to execute same.
11.12 Approve the Local Agency Program (LAP) project agreement between the State of
Florida Department of Transportation (FDOT) and the City of Clearwater for the design
and construction of the Druid Section of the Clearwater East-West Trail (04-0021-PR);
and approve a work order in the amount of $846,151.60 to Wade-Trim, Inc., an
Engineer of Record, for engineering design and construction administration services for
both this project and a related project, the Beach Connector Trail (04-0042-EN)and
authorize the appropriate officials to execute same.
11.13 Approve a change in scope to the Drew and Union Streets Reclaimed Water System
Contract 1- Pipeline Construction (01-0039-UT) and Union Street Force main
(02-0010-UT) (Transmission Main Alternate) to Westra Construction Corporation of
Palmetto, Florida, eliminating the construction of a 30-inch force main and approve
Change Order NO.1 decreasing the contract by $1,142,653.80 for a new contract total
of $3,851 ,361.60 and authorize the appropriate officials to execute same.
11.14 Approve the Mayor's reappointment of Carol Warren to the Clearwater Housing
Authority Board with a term expiring September 30, 2008.
11.15 Appoint Council member Carlen Petersen and Vice-Mayor Frank Hibbard to serve as
representatives on the County-wide Homeless Task Force
12 Other items on City Manager Reports
12.1 Approve a 30 month Partnership and Operational Support Agreement from October 1,
2004 - March 30, 2007, between the City of Clearwater and the African American
Leadership Council, Inc., for the use and supervision of the Martin Luther King Center
with an associated grant of $1 00,000 for FY 2004/2005 and authorize the appropriate
officials to execute same.
12.2 Approve acceptance of a FY 2004/2005 Byrne State and Local Law Enforcement grant
in the amount of $73,500 from the Florida Department of Law Enforcement and
approve an agreement with the YWCA of Tampa Bay for provision of contractual
services during the period October 1, 2004 - September 30, 2005, in accordance with
Sec. 2.564(1)(e), Code of Ordinances - Sole Source, and that the appropriate officials
be authorized to execute same.
12.3 Adopt Resolution 04-19, reducing hours of operation of Pier 60 fishing pier by closing
the evening shift 10 p.m. to 6 a.m. from October to March and increase user fees on
October 1, 2004.
12.4 Adopt Resolution No. 04-20 and approve the State of Florida Department of
Transportation maintenance agreement for sweeping State roadways as outlined in the
"Scope of Services" and authorize the appropriate officials to execute same.
12.5 IAFF union negotiations update.
13 City Attorney Reports
14 City Manager Verbal Reports
15 Council Discussion Items
16 Other Council Action
17 Adjourn
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City Council
Cover Memorandum
Tracking Number: 772
Actual Date: 09/02/2004
Subiect / Recommendation:
Approve the recommended Penny for Pinellas project list, as revised, for Fiscal Years 2004/05
through 2009/10.
Summary:
On March 6, 1997, the City Council adopted Ordinance No. 6137-97. The ordinance established
the requirement for a special hearing prior to the adoption of the capital improvement budget to
discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change
to Penny for PInellas funding of $500,000 or more.
The attached listing includes the Penny for Pinellas projects as currently approved by the City
Council last September and the new list for Recommended Project Funding as included in the
proposed FY 2004/05 capital improvement plan through the final year of Penny receipts in fiscal
2009/10.
There are four projects with changes, as follows:
Fire Training Facility/Administration Facility Project
This project reflects a scope change, which combines the Fire Training Facility and the Fire
Administration Facility into one project. Funding has been increased by $1,605,000 in Fiscal Year
2006. This increase is offset by a like decrease in the Main Fire Station project.
Main Fire Station Project
This project reflects a scope change, which moves the Administration Building portion of the
project to the Fire Training Facility/Administration Facility project. Funding has been decreased
by $1,605,000 in Fiscal Year 2006. This is offset by a like increase in the Fire Training
Facility/Administration Facility project.
Recreation Trails
This project reflects an overall decrease of $600,000 in funding over the six year period, which
has been reallocated to the Morningside Recreation Center Replacement project.
Morningside Recreation Center Replacement
In Fiscal Year 2008, this project reflects an increase of $600,000 which is offset by a like decrease
in the Recreation Trails project.
Originating: Budget Office
Section: Administrative public hearings
Category: Other
Public Hearing: Yes
Advertised Dates: 08/22/2004
Financial Information:
~ Other
City Council
Cover Memorandum
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Public Hearing for Penny for Pinellas
Review Approval
Tina Wilson
Bill Horne
Cvndie Goudeau
Garry Brumback
08-10-2004 14:37:03
08-17-2004 13:47:31
08-17-2004 14:42:36
08-16-2004 11 :35:02
Proposed Changes to Penny for Pinellas Project List
For Planned Projects in Fiscal Years 2004/05 through 2009/10
As of October 1, 2004
Gross Project Budget
Under Current Proposed New
Plan Plan
Approved Proposed Recommended
9/30/2003 Amendment 9/30/2004
(600,000)
600,000
3,000,000 a
3,366,500 b
2,000,000
1,800,000
1,500,000
2,000,000
1,560,000 c
3,100,000 d
2,400,000
3,100,000
23,826,500
23,826,500
Fire - Main Station
Fire - Training Facility/Administration Facility
Fire Station #48 Renovation & Expansion
Downtown Streetscape - Osceola to Myrtle
Gulf to Bay/Highland Gateway Intsection Impr
Harborbluff Waterfront Park
Recreation Trails
Morningside Recreation Center Replacement
Druid Road Improvements
Infrastructure Facility - Parks & Recreation
4,605,000
1,761,500
2,000,000
1,800,000
1,500,000
2,000,000
2,160,000
2,500,000
2,400,000
3,100,000
(1,605,000)
1,605,000
23,826,500
Recommended Projects for FY 2003/04 through 2009/10
a) This project now combines the Fire Training Facility and the Fire Administration Facility into one
project. The $1,605,000 increase in funding is offset by a like decrease in the Main Fire Station project.
b) This project no longer includes the Administration Facility, which has been moved to the Fire Training
Facility/Administration Facility project. As such, funding has been decreased by $1 ,605,000, which is
offset by a like increase in the Fire Training Facility/Administration Facility project.
c) The $600,000 decrease in funding has been reallocated to the Morningside Recreation Center
Replacement project.
d) This project reflect an increase of $600,000 in funding, which is offset by a like decrease in the Recreation
Trails project.
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City Council
Cover Memorandum
Tracking Number: 764
Actual Date: 09/02/2004
Subject / Recommendation:
Pass Ordinance #7337-04, Millage Ordinance, on first reading to set a final millage rate of 5.753
mills for fiscal year 2004/05 levied against non-exempt real and personal property within the City.
Summary:
In accordance with the State of Florida's "Truth-in-Millage" (TRIM) Act and the City Charter it is
necessary for the City Council to adopt a final millage rate for the upcoming year.
In June 2004, the City Manager presented his recommended 2004/05 Annual Operating and
Capital Improvement Budget recommending a millage rate of 5.753 mills. This millage rate was
approved as a tentative millage rate by the City Council at the July 15, 2004 Council meeting.
This rate will generate $41,332,660 of ad-valorem property taxes for the City of Clearwater in
2004/05.
Ordinance #7337-04 is now presented in order that this tentative millage rate be adopted as the
final rate for the 2004/05 fiscal year. This rate is the same rate as adopted in each of the past
two years and reflects a 9.83% increase over the rolled-back rate of 5.2379 mills.
Oriqinatinq: Budget Office
Section: Administrative public hearings
Category: Other
Public Hearing: Yes
Advertised Dates: 08/28/2004
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
na
In Current Year Budqet?
No
Budqet Adiustment:
No
Review Approval
Tina Wilson
Garrv Brumback
Pam Akin
Bill Horne
Cyndie Goudeau
- I
City Council
Cover Memorandum
08-09- 2004 11 : 40: 54
08-16-2004 13:36:06
08-16-2004 11:39:49
08-17-2004 13:49:29
08-17-2004 14:41:06
MILLAGE ORDINANCE
ORDINANCE NO. 7337-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2004, AND ENDING
SEPTEMBER 30, 2005, FOR OPERATION PURPOSES
INCLUDING PENSIONS AND DEBT SERVICE, AND ROAD
MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES
AT 5.753 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY
OF 5.753 MILLS CONSTITUTES A 9.83% INCREASE OVER THE
ROLLED BACK RATE OF 5.2379 MILLS.
WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning
October 1, 2004, and ending September 30, 2005, from ad valorem taxes is $41,332,660; and
WHEREAS, based upon the taxable value provided by the Pinellas County Property
Appraiser, 5.753 mills are necessary to generate $41,332,660; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. It is hereby determined that a tax of 5.753 mills against the non-exempt real
and personal property within the City is necessary to raise the sums to be appropriated for
operation purposes, including pensions and debt service, road capital improvement projects, for
the fiscal year beginning October 1, 2004.
Section 2. The leyy of 5.753 mills constitutes a 9.83% increase from the rolled back rate.
Section 3. This ordinance shall take effect October 1, 2004.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7337-04
City Council
Cover Memorandum
gu~~
7'-(3
Tracking Number: 765
Actual Date: 09/02/2004
Subiect / Recommendation:
Pass Ordinance #7338-04, Annual Operating Ordinance, on first reading, adopting the City of
Clearwater Annual Operating Budget for the 2004/05 fiscal year.
Summary:
The City Charter, Pinellas County regulations, and Florida State Statutes outline requirements that
must be met for the City to be able to levy taxes and fees and spend resources on mandated or
desired goods and services. The adoption of this ordinance and two related ordinances are an
integral part of fulfilling these requirements.
In June 2004 the City Manager presented to the City Council a detailed Preliminary Operating
Budget that outlined estimated revenues and proposed expenditures for the 2004/05 fiscal year.
Copies of this document were made available to residents and the news media. The budget was
discussed at Council meetings and budget workshops earlier this summer.
Ordinance #7338-04 is now presented in order to adopt the operating budget and authorize the
City Manager to issue instructions to achieve and accomplish authorized services.
Originating: Budget Office
Section: Administrative public hearings
Category: Other
Public Hearing: Yes
Advertised Dates: 08/28/2004
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
na
In Current Year Budaet?
No
Budget Adjustment:
No
Review Aporoval
Tina Wilson
Garrv Brumback
Pam Akin
Bill Horne
Cyndie Goudeau
City Council
""_~9,~,!I~,~,~,Q,ye"r:"~~mQ,~~"!:!,,~.!:!In,,,,,,,~.,.."
08-10-2004 15:43:50
08-16-2004 13:34:42
08-16-2004 11:38:52
08-17-2004 13:50:04
08-17-2004 14:40:19
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Interoffice Correspondence Sheet
From:
City Council
Tina Wilson, Budget Director
To:
CC:
Bill Horne, City Manager
Garry Brumback, Assistant City Manager
Date:
August 10, 2004
2004-05 Operating Budget Ordinance #7338-04
RE:
The Operating Budget Ordinance #7338-04, establishes the operating budget for the
new fiscal year.
This proposed ordinance includes only one change from the preliminary budget. This
change reflects additional operating costs of $172,840 in the Stormwater Utility Fund to
support five additional positions as approved by the City Council at the July 15th and
August 5th Council meetings as part of the agenda item adopting new stormwater rates.
This change results in total proposed Stormwater Fund expenditures of $9,384,600,
rather than the $9,211,760 detailed in the 2004/05 Preliminary Annual Operating &
Capital Improvement Budget.
This change will be reflected in the final budget document upon Council approval.
OPERATING BUDGET ORDINANCE
ORDINANCE NO. 7338-04
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2004, AND
ENDING SEPTEMBER 30, 2005; AUTHORIZING THE CITY
MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE
NECESSARY TO ACHIEVE AND ACCOMPLISH THE
SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING
THE CITY MANAGER TO TRANSFER MONIES AND
PROGRAMS AMONG THE DEPARTMENTS AND
ACTIVITIES WITHIN ANY FUND AS PROVIDED BY
CHAPTER 2 OF THE CLEARWATER CODE OF
ORDINANCES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager has submitted an estimate of the expenditures
necessary to carry on the City government for the fiscal year beginning October 1, 2004,
and ending September 30, 2005; and
WHEREAS, an estimate of the revenues to be received by the City during said
period from ad yalorem taxes and other sources has been submitted to the City Council;
and
WHEREAS, a general summary of the operating budget, and notice of the times
and places where copies of the budget message and operating budget are available for
inspection by the public, was published in a newspaper of general circulation; and
WHEREAS, the City Council has examined and carefully considered the proposed
budget; and
WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances,
the City Council conducted a public hearing in City Hall on September 2, 2004, upon said
budget and tax levy; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year
beginning October 1, 2004, and ending September 30, 2005, a copy of which is on file
with the City Clerk, the City Council hereby adopts a budget for the operation of the City,
a copy of which is attached hereto as Exhibit A.
Ordinance No. 7338-04
Section 2. The budget as adopted shall stand and be the budget of the City for
said fiscal year, subject to the authority of the City Council to amend or change the
budget as provided by Section 2.519 of the Clearwater Code of Ordinances.
Section 3. The City Manager is authorized and directed to issue such instructions
and directives that are necessary to achieve and accomplish the service programs
authorized by the adoption of this budget.
Section 4. The City Manager is authorized for reasons of economy or efficiency to
transfer part or all of any unencumbered appropriation balance among programs within
an operating fund, provided such action does not result in the discontinuance of a
program.
Section 5. It is the intent of the City Council that this budget, including
amendments thereto, is adopted to permit the legal appropriation and encumbering of
funds for the purposes set forth in the budget. All appropriated and encumbered but
unexpended funds at the end of the fiscal year may be expended during the subsequent
fiscal year for the purposes for which they were appropriated and encumbered, and such
expenditures shall be deemed to have been spent out of the current budget allocation. It
shall not be necessary to reappropriate additional funds in the budget for the subsequent
fiscal year to cover valid open encumbrances outstanding as of the end of the current
fiscal year.
Section 6. Should any provision of this ordinance be declared by any court to be
invalid, the same shall not affect the validity of the ordinance as a whole, or any provision
thereof, other than the provision declared to be invalid.
Section 7. This ordinance shall take effect October 1, 2004.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approyed as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7338-04
EXHIBIT A
CITY OF CLEARWATER
2004-05 BUDGETED REVENUE
Actual Budgeted Budgeted
Revenues Revenues Revenues
2002/03 2003/04 2004/05
GENERAL FUND:
Property Taxes 31,890,991 34,773,010 38,852,560
Franchise Fees 7,139,648 7,100,000 7,335,000
Utility Taxes 10,362,861 10,661,090 10,654,730
Licenses, Permits & Fees 3,852,704 3,516,650 3,544,500
Sales Tax Revenue 5,867,258 6,105,580 6,288,410
Communications Services Tax 7,018,557 8,125,000 6,825,000
Intergovernmental Revenues 8,809,392 8,947,030 9,347,440
Charges for Current Services 2,075,307 3,685,830 3,745,800
Fines & Forfeitures 1 ,493,228 1,701,820 1,611,120
Interest Income 539,066 749,000 429,000
Miscellaneous 651,235 762,780 547,980
Interfund Charges/Transfers In 12,924,385 13,080,140 13,313,910
TOTAL GENERAL FUND 92,624,632 99,207,930 102,495,450
SPECIAL REVENUE FUNDS:
Special Development Fund 16,174,247 16,401,000 15,806,680
Special Program Fund 7,993,203 2,210,680 2,171,500
Local Housing Assistance Trust Fund 963,058 900,000 836,000
ENTERPRISE FUNDS:
Water & Sewer Fund 44,155,967 49,174,000 52,116,110
Stormwater Utility Fund 8,660,374 9,765,770 10,274,910
Solid Waste Fund 16,344,412 16,384,500 16,685,300
Gas Fund 30,372,629 30,042,460 33,519,890
Recycling Fund 2,483,541 2,390,200 2,429,200
Marine & Aviation Fund 3,718,297 3,260,770 3,485,190
Parking Fund 4,309,716 4,490,260 4,902,720
Harborview Center Fund 2,287,350 1,844,850 2,216,370
INTERNAL SERVICE FUNDS:
Administrative Services 8,140,141 8,492,560 8,626,270
General Services 3,017,661 3,445,080 3,491,960
Garage Fund 9,748,766 9,484,630 9,475,360
Central Insurance Fund 14,056,832 16,881,260 18,507,870
TOTAL ALL FUNDS 265,050,826 274,375,950 287,040,780
Ordinance #7338-04
1
EXHIBIT A (Continued)
CITY OF CLEARWATER
2004-05 BUDGETED EXPENDITURES
Actual Budgeted Budgeted
Expenditures Expenditures Expenditures
2002/03 2003/04 2004/05
GENERAL FUND:
City Council 236,655 280,800 291,470
City Manager's Office 774,135 800,610 807,920
City Attorney's Office 1,260,568 1,402,730 1,450,910
City Audit 128,068 137,070 138,470
Development & Neighborhood Services 3.132,186 3,524,080 3,585,750
Economic Development & Housing 1,527,623 1,546,940 1,525,230
Equity Services 446,679 473,410 412,200
Finance 1,839,216 1,987,480 2,041,390
Fire 16,081,107 17,716,880 17,635,380
Human Resources 1,123,060 1,161,610 1,182,500
Library 4,731,132 5,422,400 5,818,060
Marine & Aviation 476,514 436,570 448,580
Non-Departmental 4,902,742 3,805,450 4,668,910
Office of Management & Budget 280,951 296,500 310,150
Official Records & Legislative Services 1,092,760 1,214,150 1,178,440
Parks & Recreation 15,340,727 18,037,250 18,188,010
Planning 1,082,659 1,167,890 1,244,650
Police 28,993,820 29,772,010 31,326,230
Public Communications 782,230 929,530 911,480
Public Works Administration 8,575,919 9,094,570 9,329,720
TOTAL GENERAL FUND 92,808,751 99,207,930 102,495,450
SPECIAL REVENUE FUNDS:
Special Development Fund 12,595,171 15,944,310 15,224,660
Special Program Fund 6,978,682 2,110,680 2,071,500
Local Housing Assistance Trust Fund 583,123 900,000 836,000
ENTERPRISE FUNDS:
Water & Sewer Fund 47,253,741 46,061,120 52,116,110
Stormwater Utility Fund 7,892,982 7,840,940 9,384,600
Solid Waste Fund 14,854,682 16,184,650 16,251,190
Gas Fund 26,364,909 28,912,550 33,383,160
Recycling Fund 2,085,480 2,317,000 2,335,940
Marine & Aviation Fund 3,152,839 3,186,240 3,413,500
Parking Fund 3,268,002 3,923,940 4,208,720
Harborview Center Fund 1,948,495 1,844,850 2,216,370
INTERNAL SERVICE FUNDS:
Administrative Services 6,997,696 8,435,890 8,570,380
General Services 3,236,779 3,444,720 3,491,960
Garage Fund 8,579,822 9,480,730 9,475,360
Central Insurance Fund 17,540,978 15,694,470 17,541,250
TOTAL ALL FUNDS 256,142,132 265,490,020 283,016,150
Ordinance #7338-04
City Council
Cover Memorandum
6~
Trackina Number: 750
Actual Date: 09/02/2004
Subiect / Recommendation:
Pass Ordinance 7339-04 the Capital Improvement Ordinance, on first reading, adopting the Fiscal
Year 2004/05 Capital Improvement Budget and establishing a six-year plan for the Capital
Improvement Program (CIP).
Summary:
The City Charter, County regulations, and Florida State Statutes outline regulations that require
local governments to prepare and adopt comprehensive planning and deyelopment programs.
The Capital Improvement Program plan proYides the mechanism to meet these requirements.
Major physical undertakings costing $25,000 or more and having a useful life of at least three
years are defined as "capital" projects and are accounted for in this Capital Improvement
Program.
In June 2004, the City Manager presented to the City Council detailed proposed operating and
capital improvement budgets. The Capital Improvement Program budget outlines projects and
funding sources for $57.6 million of projects to be undertaken in Fiscal Year 2004/05. The budget
also contains a six-year plan which outlines projects and funding sources for each of the next six
years totaling $318 million. Each of these plan years will be reviewed and revised as needed, and
budgets presented for formal budget adoption in subsequent years.
The adopted Capital Improvement Budget can be amended with Council approval through the
quarterly budget review process.
Oriainatina: Budget Office
Section: Administrative public hearings
Cateaory: Other
Public Hearina: Yes
Advertised Dates: 08/26/2004
Financial Information:
~ Capital Expenditure
Bid Required? No
Bid Exceotions:
Other
Other Contract?
ordinance to adopt budget
In Current Year Budaet?
No
City Council
Cover Memorandum
Budqet Adiustment:
No
For Fiscal Year:
10/01/2004 to 09/30/2005
Review Aporoval
Tina Wilson
Garrv Brumback
Pam Akin
Bill Horne
Cyndie Goudeau
08-09- 2004 11 : 43: 25
08-16-2004 13:34:04
08-16-2004 11:40:58
08-17-2004 13:51:40
08-17-2004 14:39:32
CAPITAL IMPROVEMENT ORDINANCE
ORDINANCE NO 7339.04
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT
PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005;
APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT
PROGRAM WHICH SHALL BE REEVALUATED AT THE
BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE
CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT
ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE
CAPITAL IMPROVEMENTS SO AUTHORIZED;
AUTHORIZING THE CITY MANAGER TO TRANSFER
MONEY BETWEEN PROJECTS IN THE CAPITAL
IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE
AND ANTICIPATED RESOURCES FOR THE PROJECTS
IDENTIFIED; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager has submitted a proposed Six-Year Capital
Improvement Program, and has submitted an estimate of the amount of money
necessary to carry on said Capital Improvement Program for the fiscal year beginning
October 1, 2004, and ending September 30, 2005; and
WHEREAS, an estimate of the resources available and income to be received by
the City during said period from ad valorem taxes and other sources has been submitted
to the City Council; and
WHEREAS, a general summary of the Capital Improvement Budget, and notice of
the times and places when copies of the budget message and capital budget are
available for inspection by the public, was published in a newspaper of general
circulation; and
WHEREAS, the City Council has examined and carefully considered the proposed
budget; and
WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances,
the City Council conducted a public hearing in the City Hall upon said proposed budget on
September 2, 2004; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Pursuant to the Capital Improvement Program Report and Estimated
Budget for the fiscal year beginning October 1, 2004, and ending September 30, 2005, a
Ordinance No. 7339-04
404
copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the
capital improvement fund for the City of Clearwater, a copy of which is attached hereto as
Exhibit A.
Section 2. The Six-Year Capital Improvement Program and Budget, a summary of
which is attached hereto, marked Exhibit B, is approyed in its present form, but prior to
the beginning of each fiscal year the City Council shall reevaluate priorities, hold public
hearings and formally adopt additions or corrections thereto.
Section 3. The budget as adopted shall stand and be the Capital Improyement
Program Budget of the City for said fiscal year, subject to the authority of the City Council
to amend or change the budget as proYided by Section 2.519 of the Clearwater Code of
Ordinances.
Section 4. The City Manager is authorized and directed to issue such instructions
and directives that are necessary to achieve and accomplish the capital improvements
authorized by the adoption of this budget.
Section 5. The City Manager is authorized to transfer appropriations within the
capital budget, provided such transfer does not result in changing the scope of any
project or the fund source included in the adopted capital budget.
Section 6. Should any provision of this ordinance be declared by any court to be
invalid, the same shall not affect the validity of the ordinance as a whole, or any provision
thereof, other than the provision declared to be invalid.
Section 7. This ordinance shall take effect October 1, 2004.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7339-04
405
Exhibit A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2004/05
Function
Police Protection
Fire Protection
Major Street Maintenance
Intersections
Parking
Miscellaneous Engineering
Park Development
Marine Facilities
Airpark Facilities
Libraries
Garage
Maintenance of Buildings
Miscellaneous
Stormwater Utility
Gas System
Solid Waste
Utilities Miscellaneous
Sewer System
Water System
Recycling
406
Budget
2004/05
181,000
2,298,700
5,610,100
485,000
300,000
35,000
2,437,500
330,000
10,000
554,840
3,272,500
642,400
658,000
6,294,990
4,670,000
535,000
227,000
14,308,670
14,571,160
225,000
$57,646,860
Ordinance #7339-04
Exhibit A (Continued)
RESOURCES APPROPRIATED FOR CAPITAL PROJECTS 2004/05
GENERAL SOURCES:
General Operating Revenue
General Revenue/County Coop
Road Millage
Penny for Pinellas
Transportation Impact Fees
Local Option Gas Tax
Grants - Other Agencies
Donations
SELF SUPPORTING FUNDS:
Marine/Aviation Revenue
Parking Revenue
Harborview Revenue
Utility System:
Water Revenue
Sewer Revenue
Water Impact Fees
Water R & R
Sewer Impact Fees
Sewer R & R
Storm water Utility Revenue
Gas Revenue
Solid Waste Revenue
Recycling Revenue
Grants - Other Agencies
INTERNAL SERVICE FUNDS:
Garage Fund
Administrative Services
BORROWING - GENERAL SOURCES:
Lease Purchase - General Fund
BORROWING. SELF SUPPORTING FUNDS:
Lease Purchase - Water
Lease Purchase - Sewer
Lease Purchase - Stormwater Utility
Lease Purchase - Solid Waste
Lease Purchase - Recycling
Future Bond Issue - Water & Sewer
Bond Issue - Stormwater
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage Fund
Lease Purchase - Administrative Services
TOTAL ALL FUNDING SOURCES:
407
Budget
2004/05
2,042,700
554,840
2,480,100
4,561,500
290,000
925,000
450,000
200,000
225,000
310,000
100,000
1,833,730
4,796,700
250,000
1,022,770
585,000
1,068,190
1,383,410
4,685,000
425,000
90,000
2,966,160
10,000
263,000
716,000
460,000
38,000
30,000
110,000
135,000
16,093,680
4,948,580
3,272,500
325,000
$57,646,860
l
Ordinance #7339-04
EXHIBIT B
CIP EXPENDITURE SUMMARY BY FUNCTION
FY 2004-2005 THROUGH FY 2009-20010 CAPITAL IMPROVEMENT FUND
CITY OF CLEARWATER
Schedule of Planned CIP Expenditures
Function 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 Total
Police Protection 181,000 400,000 400,000 400,000 400,000 400,000 2,181,000
Fire Protection 2,298,700 5,200,000 2,266,260 331,200 25,440 415,740 10,537,340
New Street Construction 0 0 0 0 2,400,000 0 2,400,000
Major Street Maintenance 5,610,100 4,284,660 3,566,580 3,531,180 3,676,800 3,329,790 23,999,110
Intersections 485,000 485,000 423,180 435,000 435,000 435,000 2,698,180
Parking 300,000 300,000 300,000 300,000 300,000 350,000 1,850,000
Misc Engineering 35,000 35,000 35,000 35,000 35,000 35,000 210,000
Park Development 2,437,500 3,640,000 1,875,000 4,355,000 4,375,000 1,005,000 17,687,500
Marine Facilities 330,000 330,000 255,000 255,000 255,000 255,000 1,680,000
Airpark Facilities 10,000 10,000 10,000 10,000 10,000 10,000 60,000
Libraries 554,840 571,490 588,630 606,290 624,480 643,210 3,588,940
Garage 3,272,500 3,501,100 3,662,400 3,831,800 4,009,600 3,996,300 22,273,700
Maintenance of Buildings 642,400 474,000 465,000 493,000 521,000 510,000 3,105,400
Miscellaneous 658,000 530,000 813,650 1,120,000 462,000 455,000 4,038,650
Stormwater Utility 6,294,990 4,239,580 5,510,000 5,600,000 6,850,000 3,849,990 32,344,560
Gas System 4,670,000 4,245,000 4,245,000 4,245,000 4,370,000 4,070,000 25,845,000
Solid Waste 535,000 545,000 645,000 495,000 500,000 510,000 3,230,000
Utilities Miscellaneous 227,000 344,000 2,726,000 44,000 26,000 26,000 3,393,000
Sewer System 14,308,670 8,686,100 17,825,830 20,938,240 7,428,280 10,021,120 79,208,240
Water System 14,571,160 13,651,790 8,009,380 14,978,010 12,154,700 12,989,360 76,354,400
Recycling 225,000 220,000 225,000 225,000 230,000 230,000 1,355,000
57,646,860 51,692,720 53,846,910 62,228,720 49,088,300 43,536,510 318,040,020
408
Ordinance No, 7339-04
CA\ '70v/
City Council
Cover Memorandum
Trackinq Number: 751
Actual Date: 09/02/2004
Subject / Recommendation:
Adopt Ordinance No. 7310-04 on second reading, annexing certaing real property whose Post
Office address is 404 Oakmount Rd., into the corporate limits of the City, and redefining the
boundary lines of the City to include said addition.
Originatinq: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/04/2004
08/01/2004
08/22/2004
Financial Information:
Review Aoproval
Pam Akin
08-04-2004
15:54:40
Cvndie Goudeau
08-16-2004
10:27:58
ORDINANCE NO. 7310-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF OAKMOUNT ROAD, APPROXIMATELY 200
FEET SOUTH OF SHARKEY ROAD, CONSISTING OF LOT 4,
OAKMOUNT SUBDIVISION, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY OF OAKMOUNT ROAD, WHOSE POST OFFICE
ADDRESS IS 404 OAKMOUNT ROAD, INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 4, Oakmount SubdiYision, as recorded in Plat Book 45, Page 43, Public
Records of Pinellas County, Florida, together with the abutting right-of-way of
Oakmount Road
(ANX2004-03005 )
Section 2. The proYisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which haye heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7310-04
City Council
Cover Memorandum
Tracking Number: 752
Actual Date: 09/02/2004
Subject I Recommendation:
Adopt Ordinance No. 7311-04 on second reading, amending the Future Land Use Plan element of
the Comprehensive Plan of the City, to designate the land use for certain real property whose Post
Office address is 404 Oakmount Rd., upon annexation into the City of Clearwater as Residential
Low.
Oriqinatinq: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/04/2004
08/22/2004
08/01/2004
Financial Information:
Review Approval
Pam Akin
08-04-2004
15:55:32
Cvndie Goudeau
08-16-2004
10:28:55
C--A 2- .
/0--2
ORDINANCE NO. 7311-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF OAKMOUNT ROAD, APPROXIMATELY 200
FEET SOUTH OF SHARKEY ROAD, CONSISTING OF LOT 4,
OAKMOUNT SUBDIVISION, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY OF OAKMOUNT ROAD, WHOSE POST OFFICE
ADDRESS IS 404 OAKMOUNT ROAD, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensiYe
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensiye plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensiye plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 4, Oakmount SubdiYision, as recorded in Plat
Book 45, Page 43, Public Records of Pinellas County,
Florida, together with the abutting right-of-way of
Oakmount Road (ANX2004-03005)
Land Use CateQorv
Residential Low
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensiye plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7310-04.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approyed as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7311-04
City Council
Cover Memorandum
Tracking Number: 782
Actual Date: 09/02/2004
Subiect / Recommendation:
Adopt Ordinance No. 7312-04 on second reading, amending the zoning atlas of the City by zoning
certain real property whose Post Office address is 404 Oakmount Road, upon annexation into the
City of Clearwater, as Low Medium Density Residential (LMDR).
Originatinq: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 08/01/2004
Financial Information:
Review Approval
Pam Akin
Cvndie Goudeau
08/22/2004
08-10- 2004
13:16:32
tA;
!() --3
08-16-2004
11:09:52
ORDINANCE NO. 7312-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE
OF OAKMOUNT ROAD, APPROXIMATELY 200 FEET SOUTH OF
SHARKEY ROAD, CONSISTING OF LOT 4, OAKMOUNT
SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-
WAY OF OAKMOUNT ROAD, WHOSE POST OFFICE ADDRESS
IS 404 OAKMOUNT ROAD, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensiye
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 4, Oakmount Subdiyision, as recorded in
Plat Book 45, Page 43, Public Records of Pinellas
County, Florida, together with the abutting
right-of-way of Oakmount Road
(ANX2004-03005)
Zonina District
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7310-04.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approyed as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7312-04
~
City Council
Cover Memorandum
tA4-
/O.)f
Trackinq Number: 753
Actual Date: 09/02/2004
Subject / Recommendation:
Adopt Ordinance No. 7313-04 on second reading, annexing certain real property whose Post
Office Address is 1627 Sherwood Street, into the corporate limits of the City, and redefining the
boundary lines of the City to include said addition.
Oriqinating: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/04/2004
08/01/2004
08/22/2004
Financial Information:
Review Approval
Pam Akin
08-04-2004
15:56:15
Cvndie Goudeau
08-16-2004
10:31:11
ORDINANCE NO. 7313-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE
SOUTHWEST INTERSECTION OF SHERWOOD STREET AND
LYNN AVENUE, APPROXIMATELY 200 FEET EAST OF RIDGE
AVENUE, CONSISTING OF LOT 1, BLOCK 20, FOURTH
ADDITION TO HIGHLAND PINES SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1627 SHERWOOD STREET, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 1, Block 20, Fourth Addition to Highland Pines Subdivision, according to the
map or plat thereof as recorded in Plat Book 33, Page 90, Public Records of
Pinellas County, Florida. (ANX2004-04006)
Section 2. The proYisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which haye heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7313-04
City Council
Cover Memorandum
Tracking Number: 754
Actual Date: 09/02/2004
Subject I Recommendation:
Adopt Ordinance No. 7314-04 on second reading, amending the Future Land Use Plan element of
the Comprehensive Plan of the City to designate the land use for certain real property whose Post
Office address is 1627 Sherwood Street, upon annexation into the City of Clearwater, as
Residential Low.
Originatino: City Attorney
Section: Second Readings - public hearing
Cateoorv: Second Reading
Public Hearing: Yes
Advertised Dates: 07/04/2004
08/01/2004
08/22/2004
Financial Information:
Review Approval
Pam Akin
08-04-2004
15:57:21
Cvndie Goudeau
08-16- 2004
10:32: 18
t-A '5 /
/O-j
ORDINANCE NO. 7314-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED AT THE
SOUTHWEST INTERSECTION OF SHERWOOD STREET AND
LYNN AVENUE, APPROXIMATELY 200 FEET EAST OF RIDGE
AVENUE, CONSISTING OF LOT 1, BLOCK 20, FOURTH
ADDITION TO HIGHLAND PINES SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1627 SHERWOOD STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensiye
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensiye plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensiye plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 1, Block 20, Fourth Addition to Highland Pines
SubdiYision, according to the map or plat thereof as
recorded in Plat Book 33, Page 90, Public Records of
Pinellas County, Florida.
(ANX2004-04006)
Land Use CateQorv
Residential Low
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensiye plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7313-04.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approyed as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7314-04
City Council
Cover Memorandum
Tracking Number: 755
Actual Date: 09/02/2004
Subiect / Recommendation:
Adopt Ordinance No. 7315-04 on second reading, amending the Zoning Atlas of the City by zoning
certain real property whose Post Office address is 1627 Sherwood Street, upon annexation into
the City of Clearwater, as Low Medium Density Residential (LMDR).
Oriainating: City Attorney
Section: Second ReaCl i ngs - pu blic hea ri ng
Cateaorv: Second Reading
Public Hearina: Yes
Advertised Dates: 07/04/2004
08/01/2004
08/22/2004
Financial Information:
Review Aooroval
Pam Akin
08-04-2004
15:58:05
Cvndie Goudeau
08-16- 2004
10:33:25
CJ\ 6 /-
/O--<p
ORDINANCE NO. 7315-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST
INTERSECTION OF SHERWOOD STREET AND LYNN AVENUE,
APPROXIMATELY 200 FEET EAST OF RIDGE AVENUE,
CONSISTING OF LOT 1, BLOCK 20, FOURTH ADDITION TO
HIGHLAND PINES SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 1627 SHERWOOD STREET, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensiye
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 1, Block 20, Fourth Addition to Highland
Pines SubdiYision, according to the map or plat
thereof as recorded in Plat Book 33, Page 90,
Public Records of Pinellas County, Florida,
(ANX2004-04006)
Zoninq District
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to reyise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7313-04.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7315-04
City Council
Cover Memorandum
Tracking Number: 756
Actual Date: 09/02/2004
Subiect / Recommendation:
Adopt Ordinance No. 7316-04 on second reading, annexing certain real property whose Post
Office address is 1616 North Betty Lane, into the corporate limits of the City, and redefining the
boundary limits of the City to include said addition.
Oriainatina: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/04/2004
Financial Information:
Review Approval
Pam Akin
Cyndie Goudeau
08/01/2004
08/22/2004
CJ\ 1 ly
/0- {
08-04-2004
15:59:05
08-16-2004
10:39:13
ORDINANCE NO. 7316-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF BETTY LANE, APPROXIMATELY 200 FEET
NORTH OF WOODBINE STREET, CONSISTING OF LOT 15,
BLOCK B, STEVENSON'S HEIGHTS WHOSE POST OFFICE
ADDRESS IS 1616 NORTH BETTY LANE, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 15, Block B, Stevenson's Heights, according to the map or plat thereof,
recorded in Plat Book 34, Page 13, Public Records of Pinellas County, Florida.
(ANX2004-04007)
Section 2. The proYisions of this ordinance are found and determined to be consistent
with the City of Clearwater ComprehensiYe Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which haye heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approyed as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7316-04
City Council
"",A,9,~I1~,!t~2~,~~"J1~I!!'2~,!I!,,~,,!!,!!!
~;o~7
";c,~"";c&"'$:"~~~~~::~~~,":';:~W.M""4"""~>;;~,:""",,,,:,,M"~~'~~~""i'<W,,".,;~:>.';':>;;W.0W,,;,,,'''''W''',,--lliiMiM~*%W~--;;;'''__________''~'__:__'____::,;t:~
Tracking Number: 757
Actual Date: 09/02/2004
Subiect / Recommendation:
Adopt Ordinance No. 7317-04 on second reading, amending the Future Land Use Plan element of
the Comprehensive Plan of the City, to designate the land use for certain real property whose Post
Office address is 1616 North Betty Lane, upon annexation into the City of Clearwater, as
residential low.
Originatino: City Attorney
Section: Second Readings - public hearing
Cateoory: Second Reading
Public Hearing: Yes
Advertised Dates: 07/04/2004
08/22/2004
08/01/2004
Financial Information:
Review Aooroval
Pam Akin
08-04-2004
16:00: 15
Cvndie Goudeau
08-16-2004
10:40: 15
ORDINANCE NO. 7317-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF BETTY LANE, APPROXIMATELY 200 FEET
NORTH OF WOODBINE STREET, CONSISTING OF LOT 15,
BLOCK B, STEVENSON'S HEIGHTS WHOSE POST OFFICE
ADDRESS IS 1616 NORTH BETTY LANE, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensiye
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensiye plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 15, Block B, Steyenson's Heights, according
to the map or plat thereof, recorded in Plat Book 34,
Page 13, Public Records of Pinellas County, Florida.
(ANX2004-04007)
Land Use CateQorv
Residential Low
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensiye plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7316-04.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approyed as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7317-04
City Council
Cover Memorandum
L-A. ~
/0 --q
Trackinq Number: 758
Actual Date: 09/02/2004
Subiect / Recommendation:
Adopt Ordinance No. 7318-04 on second reading, amending the Zoning Atlas of the City by zoning
certain real property whose Post Office address is 1616 North Betty Lane, upon annexation into
the City of Clearwater, as Low Medium Density Residential (LMDR).
Originating: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearinq: Yes
Advertised Dates: 07/04/2004
08/01/2004
08/22/2004
Financial Information:
Review Approval
Pam Akin
08-04-2004
16:00:51
Cvndie Goudeau
08-16-2004
10:41: 13
ORDINANCE NO. 7318-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF
BETTY LANE, APPROXIMATELY 200 FEET NORTH OF
WOODBINE STREET, CONSISTING OF LOT 15, BLOCK B,
STEVENSON'S HEIGHTS WHOSE POST OFFICE ADDRESS IS
1616 NORTH BETTY LANE, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 15, Block B, Steyenson's Heights, according to
the map or plat thereof, recorded in Plat Book 34,
Page 13, Public Records of Pinellas County, Florida.
(ANX2004-04007)
Zonina District
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to reyise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7316-04.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor
Approyed as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7318-04
f S i / I-I
City Council
Cover Memorandum
Tracking Number: 541
Actual Date: 09/02/2004
Subiect / Recommendation:
Approve Change Order NO.1 - Final to the Reservoir No.1 Reverse Osmosis Water Plant to
Westra Construction Corporation of Palmetto, Florida, increasing the Contract by $140,010.18 for
a new Contract total of $2,909,043.18 and ratify and confirm a time extension of seventy-eight
(78) days, and that the appropriate officials be authorized to execute same.
Summary:
The following provides a list of the additional work the Contractor was required to perform in
order to complete this project. Each listed item is detailed in the exhibits attached to Change
Order No. i-Final.
Repair of 8-inch potable waterline $6,090.97
Modifications to complete tie-in of 16" raw waterline to existing 20" waterline $14,111.66
Relocation of Sodium Hypochlorite Transfer Pumps $4,500.00
Revision directed by Approved Building Department Permit $31,142.88
Revision to Sid Lickton parking area (Alternate Bid Item) $85.25
Install one (1) additional emergency eye wash and shower station $4,188.45
Install picket type fence/gate in place of bid chain - link fence/gates $38,484.57
Re-coat chemical storage tanks secondary containment areas to meet State and Local regulations
$18,626.00
Install safety handrail at the fuel storage tank fill port $2,549.80
Apply sealer to concrete block wall to control moisture $375.00
Lower east automatic entrance gate to secure the plant site $16,411.37
Reimburse Contractor for overpaid electrical service at Plant $2,592.59
Install Fire Marshall directed fire extinguisher in electrical room $281.64
Modify electrical service at existing Well No. 31 $570.00
Provide seventy eight (78) calendar day time extension - no monies involved --------- There are
sufficient budget and revenue in the Capital Improvement Program project 315-96748, Water
Treatment Facility, to fund this final change order.
The project work has been completed and the system placed into service. The final payment may
be made to the Contractor, and the project may be closed out.
Originating: Public Services
Section: Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
Appropriation Coders)
315-96748-563600-533-000
Amount
Comments
$140,010.18
Review Approval
Michael Ouillen
07-21-2004
16:24:16
ater
City Council
Cover Memorandum
Brvan Ruff
Bill Horne
Garv Johnson
Cvndie Goudeau
Tina Wilson
Garry Brumback
08-11-2004 14: 19: 19
08-18-2004 18:52:42
08-09-2004 12:02:42
08-18-2004 09:41 :38
08-10-2004 15:27:24
08-18-2004 09:20:48
R~' Ps \ j J " I'
DATE:
April 2, 2004
Change Order #1 - Final
PROJECT: Reservoir NO.1-Reverse Osmosis
Water Plant Treatment Facility
PROJECT NUMBER: OQ-0049-UT
PO REFERENCE NO.: 699-32455
CONTRACTOR: Westra Construction Corporation
1263 12th Avenue East
Palmetto, Florida, 34221
DATE OF CONTRACT:
July 3, 2002
CODE: 315-96748-563600-533-000
SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
See attached pages that provide a description of the additional work Westra Construction Corporation
was required to perform in order to complete the project. Also included is a seventy-eight (78) calendar
day time extension necessary to complete the added new work.
STATEMENT OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 2,769,033.00
CHANGE ORDER No. 1- FINAL $ 140,010.18
NEW CONTRACT TOTAL $ 2,909,043.18
ACCEPTED BY:
Company Name:
WESTRA CONSTRUCTION CORP.
By: (SEAL)
Kenneth G. Beukema, President
Date:
WITNESSES:
Brain L. Aungst
Mayor-Commissioner
Bryan D. Ruff
Assistant City Attorney
RECOMMENDED BY :
Cynthia E. Goudeau,
City Clerk
ENGINEERING CONSULTANT
McKim & Creed, P.A.
Date:
A. Street Lee, P.E., Senior Project Manager
CITY OF CLEARWATER, in
PINEL LAS COUNTY, FLORIDA
CITY OF CLEARWATER
William B. Horne, II City Manager
Gary A. Johnson, CGC
Public Services Director
Page 2
Change Order No.1 - FINAL
Reservoir No.1 - Reverse Osmosis Water Plant Treabnent Facility
Project No. 00-0049-UT
EXPLANATION AND SUMMARY OF WORK
Item
No.
Description of Work
During the construction of this project, the Contractor encountered an existing 8-inch
potable water pipeline that was not known and did not appear on the City water atlas
map. The Contractor inunediately completed the necessary repairs to the damaged
potable water pipeline. The cost included all labor, material and equipment to restore the
water system.
1.
2.
During the construction of the proposed tie-in connection with the existing 20-inch raw
water pipeline, the Contractor encountered "both" an alignment as well as an elevation
conflict. In order to compete the required 16-inch tie-in, the Contractor had to provide
additional labor, pipe and fittings.
The sodium hypochlorite storage and pumping area was constructed during the first
half of 2002 as part of the monochlorarnine disinfection system. At that time, the
design of the water treatment process at Reservoir No.1 was being finalized and it was
identified that the addition of sodium hypochlorite upstream of the dual medial fitters
would be necessary. It was suggested that the sodium hypochlorite metering pumps
for the water treatment process be installed in the new sodium hypochlorite storage
and pumping area and this necessitates the relocation of the transfer pumps.
4. After this project was bid and the award made to Westra Construction Corporation, the
City Building Department completed and provided their review comments as well as
several requirements requested by SWFWMD. All of theses revisions had to be made
in order for the Contractor to obtain the necessary building permits. The following
costs have been reviewed and found to be fair and reasonable for the new work.
3.
a. Removal of nine (9) existing wooden bollards due to the revised driveway turnouts.
b. Removal of an additional eleven (11) cubic yards of concrete curb and sidewalk due to
the revised driveway turnouts.
c. Construct 400 linear feet of swale ditch, per SWFWMD.
d. Furnish and install 650 square yards of sod in the swale ditch, per SWFWMD.
e. Furnish and install 30 linear feet of 8-inch SDR-35 storm drainage pipeline under
sidewalk, per SWFWMD.
f. Furnish and install 410 linear feet of type D concrete curb, per SWFWMD.
Amount
$6,090.97
$14,111.66
$4,500.00
$287.50
$552.17
$3,514.40
$1,427.73
$489.90
$3,602.26
Page 3
Change Order NO.1 - FINAL
Reservoir No.1 - Reverse Osmosis Water Plant Treatment Facility
Project No. 00-0049-UT
g. Roadway widened from twenty (20) feet to twenty-four (24) feet at the east entrance to
the facility. This revision required an additional 54 square yards of base material.
h. The roadway widening required an additional 54 square yards of asphalt pavement
surface.
1. The roadway widening increased the driveway concrete apron by fifteen (15) square
yards.
j. Storm drainage structure 5-6 had to be restocked and a new structure 5-6 built to meet
the revised drainage elevation and physical location.
k. Additional 2-inch potable water pipeline had to be furnished and installed in order to
meet the Health Department backflow preventers.
1. Miscellaneous yard piping and valves were modified to the meet the requirements of
the Health Department.
m. The Health Department directed the sanitary sewer laterals be increased in size from 4-
inch to 6-inch diameter. The pipe material was changed to polypropylene pipe and
fittings, per the Health Department.
n. The City Fire and Police Departments required the purchase and installion of a Knox
Box #3227 - Recessed Lift-off Lid.
o. Add fiber mesh to all concrete sidewalk installations at the site.
TOTAL INCREASE
5. After this project was awarded to Westra Construction Corporation, the Parks and
Recreation Department required some revisions to the original bid work. This new
work included concrete header curb, concrete sidewalk, standard concrete curb and
sidewalk replacement, concrete driveway apron, drainage structures and storm water
drainage piping. The following summary provides the decreases to the original
alternate bid items and the increases based on the revised construction drawings.
Original Alternate Bid - Decreased
Item
No.
A-3
A-5
A-6
A-7
A-8
A-9
A-I0
A-12
Description of Work
Excavation
Sodding
Precast Wheel Stops
18-inch PVC Pipe
12-inch PVC Pipe
12-inch RCP Pipe
FDOT Type D Ditch Bottom Inlet
Outfall Control Structure with underdrain
Unit
CY
SY
EA
LF
LF
LF
EA
LS
Unit
~ Price
600 $7.00
2,500 $2.00
81 $35.00
260 $48.00
270 $26.50
240 $26.50
2 $1,500.00
1 $9,400.00
TOTAL DECREASE
$678.75
$594.00
$574.08
$745.00
$186.30
$11,457.04
$5,889.50
$833.75
$310.50
$31,142.88
Amount
($4,200.00)
($5,000.00)
($2,835.00)
($12,480.00)
($7,155.00)
($6,360.00)
($3,000.00)
($9,400.00)
($50,430.00)
Page 4
Change Order No.1 - FINAL
Reservoir No. 1- Reverse Osmosis Water Plant Treabnent Facility
Project No. 00-0049-UT
Revised Alternate Bid - Increased
Unit
~ Price
1,214 $7.00
124 $40.00
60 $26.50
1 $3,200.00
43 $78.00
337 $27.00
100 $40.00
155 $38.00
1 $750.00
1 $750.00
32 $27.00
1 $1,500.00
80 $30.00
142 $22.00
65 $8.25
TOTAL INCREASE
Item
No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Amount
$8,498.00
$4,960.00
$1,590.00
$3,200.00
$3,354.00
$9,099.00
$4,000.00
$5,890.00
$750.00
$750.00
$864.00
$1,500.00
$2,400.00
$3,124.00
$536.25
$50,515.25
Unit
CY
LF
LF
EA
LF
LF
LF
LF
EA
EA
SF
LS
LF
SY
SF
Description of Work
Excavation
Header Curb
12-inch RCP Pipe
Outfall Structure
12-inch DR-17 PVC Pipe
15-inch RCP Pipe
14" x 23" ERCP
12" x 18" ERCP
24-inch MES
14" x 23" MES
Remove and replace sidewalk
Connect to existing inlet
Remove and replace curb
Concrete Apron
Concrete Sidewalk
$85.25
TOTAL ALTERNATE BID INCREASE
Because of safety concerns during the delivery and use of the various chemicals, a
second emergency eye wash and shower station was installed between the two (2)
sodium bisulfite and two (2) sodium hydroxide storage tanks along the east side of
the RO Treatment Facility.
6.
$4,188.45
The originally bid construction drawings provided for the installation of a six (6)
feet high chain-link type fencing with two (2) automatic gates at the bid price of
$31,933.00. The City desired the installation of an eight (8) feet high picket type
fencing and two (2) automatic gates at an increased cost of $38,484.57. This
amounted to a total cost for the picket type fence and gates of $70,417.57.
7.
$38,484.57
During the on-site inspection of the chemical storage tank installation, it was
determined by the Pinellas County Environmental Agency the chemical storage
tank secondary containment areas required a re-coating of the floor and walls.
This added work was not a part of the original bid work. The following cost is for
the re-coating of the six (6) containment areas. The chemical tank installations
have been approved by the State of Florida, Pinellas County Environmental
Agency and the City of Clearwater.
8.
$18,626.00
The following cost is for the installation of an aluminum safety handrail at the fuel
tank fill port. This was added to the project as a safety issue to protect the City
Staff as well as the Fuel Supplier while making his delivery.
9.
$2,549.80
Page 5
Change Order No.1 - FINAL
Reservoir No. 1- Reverse Osmosis Water Plant Treatment Facility
Project No. 00-0049-UT
10. Since it was possible to have a moisture problem between the RO skids and the
concrete block wall in the Administration Area, the Contractor was directed to
apply a wall sealer to insure moisture would not be a problem in the future.
11. The east automatic entrance gate was not installed at its original bid location do to
existing structures. In order to accommodate the existing conditions, the gate was
moved northward, which in turn created ground surface elevation changes,
wherein a gape was created under the gate. The Contractor was then directed to
lower the gate in order to secure the plant site.
12. During the start-up and performance testing of the newly installed reverse osmosis
facility, the Contractor was obligated by the Contract Documents to pay for all the
electrical power. The Contractor was not responsible for other electrical service
such as to operate exterior lighting, air conditioning units, etc. The Contractor has
already paid for all electrical service in order not to create an interruption in the
service at the plant. The following summary indicates the total electrical billings
and provides a summary of the overpaid monies made by the Contractor.
August billing paid by Contractor $802.93
September billing paid by Contractor $2,534.21
October billing paid by Contractor $1,747.91
Subtotal $5,085.05
Contractors Obligation -$2,492.46
Amount due to Contractor for overpayment $2,592.59
13. The Contractor has requested a calendar day time extension of seventy-eight (78)
calendar days. This time was necessary for the Contractor to purchase the various
materials and install in order to complete the added work. This work included the
picket type fencing and gates, raw waterline pipeline modifications, temporary
drain pipeline, air piping at blower, repair waterline break where unknown
existing waterline encountered, install flexible connections at chemical tanks, and
provide aluminum platform at the generator enclosure. No monies are involved.
Agreement Date July 3, 2002
Notice to Proceed September 3, 2002
Original Completion Date August 28, 2003
REVISED Completion Date November 14, 2003
It is the City's Consulting Engineers recommendation the time be granted to
Westra Construction Corporation.
14. Install Fire Marshall directed fire extinguisher in electrical room.
$375.00
$16,411.37
$2,592.59
$281.64
Page 6
Change Order No.1 - FINAL
Reservoir No.1 - Reverse Osmosis Water Plant Treatment Facility
Project No. 00-0049-Uf
15. In order for existing Well No. 31 to operate in conjunction with the new facilities,
the electrical service had to be upgraded and modified to meet the new service.
TOTAL INCREASE BY THIS CHANGE ORDER NO. 1- FINAL
$570.00
$140,010.18
---.J
rN 1. J 1"';2
City Council
Cover Memorandum
Tracking Number: 745
Actual Date: 09/02/2004
Subject / Recommendation:
Approve transferring $238,823.65 from the Garage Fund Retained Earnings to Motorized
Equipment - Cash project 315-94222.
Summary:
The Motorized Equipment - Lease Purchase project 316-94227 is in the process of being closed
out. This project was used for vehicles and equipment, which were intended to be lease
purchased for the time period October 1996 to September 2003.
Currently, there is a deficit of $238,823.65 in this project.
This deficit developed over the past 8 years when several vehicles that were scheduled to be lease
purchased were overlooked and not included in the lease purchase requests to the bank.
Therefore - funds were not received from the lease purchase company for these vehicles and no
lease purchase was established. This error was the result of a change in personnel responsible for
the lease purchases and controls have since been added to insure that budeted lease purchase
items get lease purchased.
By approving the transfer, funds will be available so that the expenses recording the purchase of
these vehicles can be transferred to the cash project and the lease purchase project can be
closed.
This is an accounting correction only. There is no financial impact to the City. The funds that will
be transferred from Retained Earnings would have been used to pay the debt service had the
vehicles been lease purchased as scheduled.
A third quarter budget amendment will be made reflecting the allocation of retained earnings and
increasing the transfer to project 317-94222.
Oriqinatinq: Finance
Section: Consent Agenda
Cateqory: Other
Financial Information:
~ Other
Review ApDroval
Marqie Simmons
08-03-2004
16:04: 14
Garrv Brumback
08-16-2004
13:07:28
Tina Wilson
08-16-2004
10:44:34
Bill Horne
08-16-2004
14:28:37
Cyndie Goudeau
City Council
Cover Memorandum
08-17-2004 09:44:12
FN 7/--3
City Council
Cover Memorandum
Trackino Number: 780
Actual Date: 09/02/2004
Subject / Recommendation:
Approve the purchase of property, casualty, liability, workers' compensation, emergency medical
services(EMS), fuel tank, and flood insurance coverage for Fiscal Year 2004/2005 as provided for
in this agenda item in an amount not to exceed $1,750,000.
Summarv:
The Risk Management Division of the Finance Department purchases insurance coverage for the
City in the above-named areas. This insurance is purchased through the efforts of three brokers:
Accordia Southeast, Insurance & Risk Management Services, and Arthur J. Gallagher & Co.-Tampa
Bay. The City Administration, through its Risk Managment DiYision, recommends that the City
purchase insurance coverage for FY 04/05 as follows:
Excess Property ($500,000 self-insured retention)
Equipment Breakdown
Marina Operators Legal Liability
Storage Tank Liability(specific properties)
Flood (specific properties)
Crime and Dishonesty
Excess Liability/Workers' Compensation ($500,000 self-insured retention)
EMS Liability(partially reimbursed)
1. General liability/Professional Liability
2. Business Auto Liability
3. Excess EMS General/Auto/Professional Liability
All risks are covered at levels and rates which, when taken together as a whole, represent a
reasonable and conservative insurance program for the City.
The recommended purchases are for a one-year term beginning October 1, 2004, and ending
October 1, 2005, except the flood insurance policies which are individual policies with different
terms and effective dates. The storage tank policies also have a different term, running from May
20, 2004 to May 20, 2005.
A rate comparison is attached, and funds are available in the 2004/2005 budget for these
expend itu res.
Orioinatino: Finance
Section: Consent Agenda
Categorv: Basic Purchasing item
Number of Hard Copies attached: 1
Public Hearino: No
Financial Information:
Type: Purchase
City Council
Cover Memorandum
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Exempt from bidding process
In Current Year Budaet?
No
Budaet Adjustment:
No
Current Year Cost:
$0.00
Annual Operating Cost:
$0.00
For Fiscal Year:
10/01/2004 to 10/01/2005
Total Cost:
$1,750,000.00
Not to Exceed:
$1,750,000.00
Appropriation Coders)
590-07000-545100-519-000
Review Approval
Jon Marcin
Tina Wilson
Bill Horne
Maraie Simmons
Cvndie Goudeau
George McKibben
Garry Brumback
Amount Comments
$1,750,000.00
08-09-2004 16:31:41
08-10- 2004 08:00:39
08-18-2004 18:54:30
08-09-2004 17:37:17
08-18-2004 09:39:59
08-10-2004 07:00:35
08-18-2004 09: 15:38
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City Council
Cover Memorandum
Trackina Number: 766
Actual Date: 09/02/2004
Subject / Recommendation:
Approve an Agreement between the City and the Clearwater Regional Chamber of Commerce for
tourism services in Fiscal Year 2004-2005 in return for funding in the amount of $ 170,000 and
authorize the appropriate officials to execute same.
Summary:
In Fiscal Year 1999-2000, the City entered into an agreement with the Clearwater Regional
Chamber of Commerce to provide specific tourism services on behalf of the City in exchange for
funding from the City. This partnership has worked well and the City is satisfied with this
arrangement.
The Clearwater Regional Chamber will continue to provide visitor information services for the City
at the Chamber's business location. Services include preparing and distributing visitor guides,
advertising, telephone service, and the operation of the tourism web site, Exhibit "A" of the
agreement.
This fiscal year, the Clearwater Regional Chamber has mailed over 28,000 Visitors Guides to
consumers requesting information and an additional 28,000 Visitors Guides distributed to
consumer and travel trade promotions.
The Chamber participated in cooperative advertising campaigns with Visit Florida and area CVBs.
Clearwater has a premium placement in the 2004 Tampa Bay Visitor Guide. Additionally,
Clearwater is the first beach highlighted in the 2004 Visit Florida Visitor Guide. The
www.visitclearwaterflorida.com web site is updated and promoted in all advertising.
$170,000 has been budgeted in the FY04/05 Economic Development operating budget to fund this
agreement. The Clearwater Regional Chamber will provide an accounting of funds in their
quarterly report of activities to the City.
The budget for this coming year includes a new public relations effort and a new adyertising
campaign called "Put Yourself in our Shoes." Because the contract amount has stayed the same
the last five years, the amount of advertising placements will be reduced. However, research by
the travel industry shows that the two most persuasive factors influencing consumers are word of
mouth and editorial coverage in publications.
The term of the agreement is for one year.
Oriainatina: Economic Development and Housing
Section: Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
Tyoe: Other
ater
City Council
Cover Memorandum
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Agreement with Cost--see below
In Current Year Budget?
Yes
Budget Adiustment:
No
Current Year Cost:
$170,000.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$170,000.00
$170,000.00
Comments
ED Budget--Contractual Services
Appropriation Coders)
010-09216-530300-552-000
Amount
Review Approval
Geraldine Campos
Bryan Ruff
08-06-2004 11:37:48
08-18-2004 09:40:43
08-06-2004 12:25:21
08-18-2004 09:21:34
08-09-2004 10: 56: 10
08-18- 2004 18:53:30
Cyndie Goudeau
Tina Wilson
Garrv Brumback
Bill Horne
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AGREEMENT
This Agreement is made and entered into this day of September 2004
between the City of Clearwater, hereinafter referred to as the City, and Clearwater
Regional Chamber of Commerce, hereinafter referred to as the Agency.
WHEREAS, the City desires to provide visitor information services for the City of
Clearwater; and
WHEREAS, the Agency has established programs that provide visitor
information services for the City of Clearwater; and
NOW, THEREFORE, the parties agree as follows:
ARTICLE I. TERM
The term of this agreement shall be for a period of twelve (12) months
commencing as of October 1, 2004, and continuing through September 30, 2005, (the
Termination Date) unless earlier terminated under the terms of this agreement. This
Agreement can be extended by the mutual written agreement of both parties.
ARTICLE II. RESPONSIBILITIES OF THE AGENCY
1. Services to be Provided: The Agency shall provide at a minimum the services
described in Exhibit "A."
2. Area to be Served: Services rendered through this agreement shall be provided
within the limits of the City of Clearwater, Florida.
3. Payment of Fees and Taxes. The Agency shall obtain all required licenses at
its own expense and shall pay all required taxes necessary to the Agency's operation.
4. Scheduled Reports of Agency Activities: The Agency shall furnish the City
Manager with a quarterly report of activities conducted under the provisions of this
agreement. Each report is to identify the number of clients served the costs of such
service, and commentary on the viability, effectiveness, and trends affecting the visitor
program. The City may request additional reports if desired to monitor annual
objectives set by the Agency.
5. Use and Disposition of Funds Received: Funds received by the Agency from
the City shall be used to pay for the above services as further described in the proposal
submitted by the Agency to the City. (Exhibit "A") Funds existing and not used for this
purpose at the end of this agreement term shall be deemed excess to the intended
purpose and shall be returned to the City.
6. Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: Agency shall create and maintain financial and
accounting records, books, documents, policies, practices, procedures and any
information necessary to reflect fully the financial activities of the Agency
pertaining to this agreement. Such records shall be available and accessible at
all times for inspection, review, or audit by authorized City representatives.
b) Use of Records: Agency shall produce such reports and audits as required
by the City to document the proper and prudent stewardship and use of the
monies received through this agreement.
c) Maintenance of Records: All records created hereby are to be retained and
maintained for a period not less than one (1) year.
7. Nondiscrimination: Agency agrees that no person shall, on the grounds of
race, sex, handicap, national origin, religion, martial status or political belief, be
excluded from participation in, denied the benefit(s) of, or be otherwise discriminated
against as an employee, yolunteer, or client of the provider.
8. Liability and Indemnification: The Agency shall act as an independent
contractor in the performance of this agreement. The Agency agrees to assume the
risks of providing the services as provided for in this agreement. Each party to this
agreement agrees to be fully responsible for its own real and personal property, and for
its negligence, and the negligence of its employees, volunteers, and agents.
9. Insurance: Neither party to this agreement shall be responsible for providing
any insurance coverage to the other party. Each party shall purchase and provide
insurance coverage as it deems necessary to perform its contractual obligations under
this agreement. Each party shall be responsible for defending a claim made against it
by a third party. Should a claim be asserted against a party to this agreement, that
party will be responsible for its own defense of the claim and it will notify the other party
so the other party can take the action it deems necessary to protect its interests.
ARTICLE III. RESPONSIBILITIES OF THE CITY
1. Grant of Funds. The City, for the 2004/2005 budget year, agrees to provide
$170,000.00 to the Agency to assist in funding Agency actiyities and expenses as
identified in Exhibit "A".
2. Payments: The total amount of this agreement will be paid by the City to the
Agency on a quarterly basis.
2
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject
hereof and may not be changed, modified, or discharged except by written Amendment
duly executed by both parties. No representations or warranties by either party shall be
binding unless expressed herein or in a duly executed Amendment hereof.
ARTICLE V. TERMINATION
1. For Cause: Failure to adhere to any of the provisions of this agreement as
determined by the City shall constitute cause for termination. This agreement may by
terminated with 10 days written notice without any further obligation by City.
2. For Municipal Purpose: The City may terminate for any municipal purpose by
giving 30 days written notice to Agency
3. Disposition of Fund Monies: In the event of termination for any reason, monies
made available to the Agency but not expended in accordance with this agreement
shall be returned to the City.
ARTICLE VI. NOTICE
Any notice required or permitted to be giyen by the proYisions of this agreement
shall be conclusively deemed to have been received by a party hereto on the date it is
hand-delivered to such party at the address indicated below (or at such other address
as such party shall specify to the other party in writing), or if sent by registered or
certified mail (postage prepaid), on the fifth (5th) business day after the day on which
such notice is mailed and properly addressed.
1. If to City, addressed to City Manager, City of Clearwater, P. O. Box 4748,
Clearwater, Florida 33758-4748
2. If to Agency, addressed to, Katherine E. Cole, Acting President/CEO, Clearwater
Regional Chamber of Commerce, 1130 Cleveland Street, Post Office Box 2457,
Clearwater, Florida 33757-2457.
3
IN WITNESS WHEREOF, the parties have executed this agreement as of the
date and year first written above.
CLEARWATER REGIONAL CHAMBER
OF COMMERCE
(Agency)
CITY OF CLEARWATER, FLORIDA
(City)
By:
By:
Katherine E. Cole
Acting President/CEO
William B. Horne II
City Manager
Print Name:
Secretary
Brian J. Aungst
Mayor
ATTEST:
Cynthia E. Goudeau
City Clerk
Approyed as to form:
Bryan D. Ruff
Assistant City Attorney
4
Exhibit A
. The Agency will oversee Visitor Guide fulfillment. All requests received from yarious
sources will be sent directly to the mailing house, Thomas Packaging and
Fulfillment. The mailing house will prepare a monthly report indicating the number
of leads by source, number of pieces mailed, postage amounts, etc. The report will
be forwarded to the Clearwater Beach Chamber, along with the listing of prospects
received from all non-chamber sources.
. The Agency will contract for and maintain the inventory of visitor's guides at the 1-75
and 1-10 State Welcome Centers.
. The Agency will place destination advertising in the St. Petersburg/Clearwater Area
Conyention and Visitors Bureau (CVB) and Visit Florida Visitors Guides. Other
advertising and promotion will be considered by the Tourism Marketing Committee
and could include consumer advertising and adyertising through the State of
Florida's web site, www.flausa.com. the St. Petersburg/Clearwater Area CVB and
the Tampa Bay CVB.
. The Agency will manage the call center for toll-free number answering services and
oversee the WATTS services/billing.
. The Agency will manage and maintain the www.visitclearwaterflorida.com web site.
. The Agency will utilize the visitor Florida and the St. Petersburg/Clearwater Area
Conyention and Visitors Bureau sales programs for Visitor Guide brochure
distribution to the travel trade and consumers.
. The Agency will reapply for the Clean Beaches Council's ~Iue Waye award on
behalf of the City.
. The Agency will update the accommodations listing of the Clearwater Beach and
Clearwater Mainland properties for the Official Visitors Guide.
5
r ,'7 /
t"' N -~ iI-6
City Council
Cover Memorandum
Tracking Number: 747
Actual Date: 09/02/2004
Subject / Recommendation:
Declare two Steadfast pedestrian bridges surplus to the needs of the City and authorize disposal
through sealed bid sale.
Summary:
Both bridges were purchased in 1996 at a cost of over $100,000 each and were installed on the
Glen Oaks property. Engineering and Parks and Recreation have reviewed all known requirements
and determined they have no future need. Both bridges have approximately 50% life remaining.
The estimated value is $25,000 each.
aria i nati na : Fi na nce
Section: Consent Agenda
Cateaorv: Other
Public Hearina: No
Financial Information:
Type: Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Surplus sale
In Current Year Budaet?
No
Budaet Adjustment:
No
Current Year Cost:
$0.00
Appropriation Code(s)
0010-365902
Amou nt
Comments
"Other surplus" revenue code
Review Approval
Georae McKibben
08-03-2004
10:58:07
Garrv Brumback
08-16-2004
11:04: 15
City Council
Cover Memorandum
Marqie Simmons
Bill Horne
Cyndie Goudeau
08-03-2004 16:02: 11
08-16-2004 14:31:24
08-17-2004 09:50:43
PR 1.//-/0
City Council
Cover Memorandum
Tracking Number: 762
Actual Date: 09/02/2004
Subject / Recommendation:
Approve a one-year funding agreement, in the amount of $281,220 between Jolley Trolley
Transportation of Clearwater Inc. and the City of Clearwater for the operation of transportation
and trolley services on Clearwater Beach, Island Estates, Sand Key and services from Clearwater
Beach to Downtown Clearwater and authorize the appropriate officials to execute same.
Summary:
Jolley Trolley Transportation of Clearwater Inc. (Jolley Trolley) has been operating trolley service
along the City's beach communities and downtown for eleven years.
The current one-year funding agreement expires on September 30, 2004. Current funding
supports approximately 54% of the trolley overall budget with the remaining 46% coming from
fares, rentals, and advertisements. Specifically the funding is for:
Trolley service between Clearwater Beach and Sand Key - $156,090
Trolley service between Clearwater Beach, Island Estates, and Downtown Clearwater - $73,450
Trolley vehicle maintenance - $50,000
Office space rent - $11,700
Funding during the annual term of the current agreement totals $ 291,240, which is supported
through the parking fund ($241,240) and the CRA ($50,000).
The new proposed agreement includes:
A reduction in funding - $10,020
Trolley service between Clearwater Beach and Sand Key - $149,270
Trolley service between Clearwater Beach, Island Estates and Downtown Clearwater - $70,250
Trolley vehicle maintenance - $50,000
Office space rent - $11,700
Transportation pick-up 25 minutes apart
Posted route schedules at all pick-up location
Funding during the term of the new agreement totals $ $281,220. The source of the funding for
the new agreement will be the parking fund ($231,220) and the CRA ($50,000).
The Parks and Recreation Department will continue to administer compliance of the agreement.
A copy of the agreement is available for review in the Office of Legislative Services Office.
Originatinq: Parks and Recreation
Section: Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 0
Public Hearing: No
City Council
Cover Memorandum
Financial Information:
~ Operating Expenditure
Bid Required? No
Bid Exceotions:
Sole Source
In Current Year Budaet?
Yes
Budget Adjustment:
No
Current Year Cost:
$281,200.00
Annual Operatina Cost:
$281,200.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$281,200.00
Not to Exceed:
$281,200.00
Aooropriation Code(s)
435-01333-530300-545
188-09311-582000-552
Amou nt
$231,220.00
$50,000.00
Comments
Parking Fund
CRA
Review Aooroval
Kevin Dunbar
Art Kader
08-06-2004 15:44:42
08-10-2004 16:11:23
08-16- 2004 14:29:23
08-10- 2004 10:16:22
08-17-2004 09:46:41
08-10-2004 09:52:28
Laura Lioowski
Bill Horne
Tina Wilson
Cvndie Goudeau
Garry Brumback
City Council
Cover Memorandum
08-16-2004 11:33:35
(k,'. PI<. i
J ~(~
JOLLEY TROLLEY SYSTEM GRANT FUNDING AGREEMENT
This Trolley System Funding Agreement is made and entered into this day of
, 2004, between the City of Clearwater, hereinafter referred to as the ("City") and
the JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida non-profit
corporation, hereinafter referred to as the ("Corporation").
ARTICLE I. TERM
The term of this agreement shall be for a period of one (1) year commencing on October 1, 2004,
and continuing through September 30, 2005, (the "Termination Date"), subject to annual budgetary
appropriation approved by the Clearwater City Council, unless earlier terminated under the terms of
this agreement.
ARTICLE II. RESPONSIBILITIES OF THE CORPORATION
1) Services to be Provided. The Corporation shall provide the transportation services to
promote tourism described as trolley service on Clearwater Beach, Island Estates and Sand
Key, and service from Clearwater Beach to Downtown Clearwater, as described in Exhibit A.
In addition, the Downtown Clearwater route shall include trolley service to the main Library.
2) Transportation Pick-ups. The Corporation shall proyide scheduled transportation pick-ups
which will be no more than 25 minutes apart (conditions permitting).
3) Posted Route Schedules. The Corporation shall provide posted route times at each
designated pick-up listing all scheduled pick-ups for said approyed pick-up location.
4) Scheduled Reports of Activities. The Corporation shall furnish the City with a financial
audit certified by independent Certified Public Accountant within 90 days of the end of the
fiscal year to the Parks and Recreation Director. The financial report is to set forth the total
cost of operations provided, and the detailed account of operational costs funded in part by
the City.
5) Use and Disposition of Funds Received. Funds received by the Corporation from the City
shall be used towards the payment of expenses attendant to the operation of the Trolley
System. A proposed annual budget will be submitted to the Parks & Recreation Director by
May 31 of each year.
6) Creation, Use and Maintenances of Financial Records.
a) Creation of Records. The Corporation shall create, maintain and make accessible
to authorized City representatives such financial and accounting records, books,
documents, policies, practices and procedures necessary to reflect fully the financial
activities of the Corporation. Such records shall be available and accessible at all
times for inspection, review or audit by authorized City personnel.
b) Use of Records. The Corporation shall produce such reports and analyses that may
be required by the City and other duly authorized agencies to document the proper
and prudent stewardship and use of the monies received through this agreement.
c) Maintenance of Driver's Log and Check Point System. The Corporation agrees
to maintain a driver's log and a check point system to document compliance with the
agreed upon schedule. Changes to these attached schedules are at the discretion
of the Corporation Board of Directors, but will be submitted to the City at least two
weeks prior to implementation. Any change, or series of changes, which will cause
more than a 25% reduction in the routes may, at the discretion of the City Council,
be considered failure to adhere to the terms of the contract and may be grounds for
reducing the funding commitment or may be considered cause for termination of the
contract.
d) Maintenance of Records. All records created hereby are to be retained and
maintained for a period not less than five (5) years from the close of the applicable
fiscal year.
7) Non-discrimination. Notwithstanding any other proYision of this agreement, the Corporation
for itself, agents and representatiyes, as part of the consideration for this agreement does
coyenant and agree that:
a) No Exclusion from Use. No person shall be excluded from participation in, denied
the benefits of, or otherwise be subjected to discrimination in the operation of this
program on the grounds of race, color, religion, sex, handicap, age or national origin.
b) No Exclusion from Hire. In the management, operation, or provision of the program
actiyities authorized and enabled by this agreement, no person shall be excluded
from participation in or denied the benefits of or otherwise be subject to
discrimination on the grounds of, or otherwise be subjected to discrimination on the
grounds of race, color, religion, sex, handicap, age, or national origin, except that
age may be taken into consideration to the extent that the age of an employee is a
bona fide occupational qualification.
c) Inclusion in Subcontracts. The Corporation agrees to include the requirement to
adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approyed sub-
contracts.
d) Breach of Non-discrimination Covenants. In the event of conclusive evidence of a
breach of any of the above non-discrimination coyenants, the City shall haye the
right to terminate this agreement.
8) Liability and Indemnification. The Corporation shall act as an independent contractor and
agrees to assume all risks of providing the program activities and services herein agreed
and all liability therefore, and shall defend, indemnify, and hold harmless the City, its
officers, agents, and employees from and against any and all claims of loss, liability and
damages of whatever nature, to persons and property, including, without limiting the
generality of the foregoing, death of any person and loss of the use of any property, except
claims arising from the negligence or willful misconduct of the City or City's agents or
employees. This includes, but is not limited to, matters arising out of or claimed to have
been caused by or in any manner related to the Corporation's activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by the Corporation whether or not based on negligence.
9) Compliance with Laws. Corporation shall comply with all federal, state, county and local
laws, rules and regulations applicable to the operation of the vehicles. If it is ever
determined that this Agreement violates any federal, state, county or local laws, rules or
regulations, then Corporation shall comply in a timely manner or City may terminate.
ARTICLE III. RESPONSIBILITIES OF THE CITY
A) Grant of Funds for Operations. The City, subject to annual City Council approyal, agrees to
fund in part the operational costs incurred in providing the actiyities and services authorized by
this agreement as follows: "
2
. An annual amount of $149,270 for providing trolley service between Clearwater Beach and
Sand Key based upon the Corporation meeting the route schedule attached as Exhibit A.
. An annual amount of $70,250 for proYiding trolley service between Clearwater Beach, Island
Estates and Downtown area based on the Corporation meeting the route schedule attached as
Exhibit A.
. An annual amount of $50,000 towards the cost of maintaining the trolley vehicles.
. An annual amount of $11,700 for the lease of office space.
. Payable in equal payments of 1/12 per month per fiscal year.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not
be changed, modified or discharged except by written Amendment duly executed by both parties.
No representations or warranties by either party shall be binding unless expressed herein or in a
duly executed Amendment hereof.
ARTICLE V. TERMINATION
1) For Cause. Failure to adhere to any of the proYisions of this Agreement in material respect
shall constitute cause for termination. Either party may terminate this Agreement by giving
the other party sixty (60) days notice of termination. If the default is not cured within sixty
(60) days, the non-defaulting party may give the defaulting party notice of termination and
this Agreement shall terminate 60 days after receipt of such notice.
2) Disposition of Fund Monies. In the event of termination for any reason, monies made
available to the Corporation but not expended in accordance with this Agreement shall be
returned to the City within 30 days of demand.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the proYisions of this Agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand delivered to
such party at the address indicated below (or at such other address as such party shall specify to
the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th)
business day after the day on which such notice is mailed and properly addressed.
1 )
If to Corporation, addressed to:
Jolley Trolley Transportation of Clearwater, Inc.
483 Mandalay Avenue, Suite 213
Clearwater, FL 33767
2)
If to City, addressed to:
City Manager
P. O. Box 4748
Clearwater, FL 33758-4748
With copy to:
City Attorney
P. O. Box 4748
Clearwater, FL 33758-4748
3
And
Parks and Recreation Director
P.O. Box 4748
Clearwater, FL 33758-4748
ARTICLE VII. EFFECTIVE DATE
The effective date of this Agreement shall be as of the date below written.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of
,2004.
Cou ntersig ned:
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst
Mayor
William B. Horne II
City Manager
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
JOLLEY TROLLEY TRANSPORATION
OF CLEARWATER, INC.
By:
Its
Attest:
4
PD J-/I_~
City Council
Cover Memorandum
Tracking Number: 773
Actual Date: 09/02/2004
Subject / Recommendation:
Contract with the Pinellas County Sheriff's Office, Largo, Florida, for latent fingerprint and crime
scene services including evidence and property storage during the contract period October 1,
2004, through September 30, 2005, at a cost of $509,932.11,
and that the appropriate officials be authorized to execute same.
Summary:
1. The Pinellas County Sheriff's Office and the Clearwater Police Department have had this
contractual arrangement since January 1, 1994. This contract covers latent print examination,
evidence storage and crime scene processing.
2. The total cost of the contract is $509,932.11, which is a 4 percent, increase oyer last year's
contract. Of this total cost, $88,378.18 is for latent fingerprint services and the balance,
$421,553.93, is for evidence storage and a base workload of 2,500 crime scene processing calls
for the contract period based on a rate of $151.99 per call. The 2,500 crime scene call base was
provided by the Clearwater Police Department for the Sheriff's use in establishing his manpower
and equipment allocations. Billing for requests for service in excess of 2,500 calls, should this
become necessary during the period of this agreement, will be invoiced at the rate of $151.99 per
call.
3. If the Sheriff receives reimbursement from the Board of County Commissioners of Pinellas
County for any of the services that the Sheriff will be providing to the City pursuant to this
Agreement, the Sheriff shall refund the prorated amount of any unused services.
4 Funding for this agreement is available in the Police Department's fiscal year 2004/05 operating
budget.
5. A copy of the Agreement is available for review in the Office of Official Records and Legislative
Services.
Originating: Police
Section: Consent Agenda
Category: Agreements/Contracts - with cost
Financial Information:
~ Operating Expenditure
Bid Required? No
Bid Exceptions:
Sole Source
In Current Year Budget?
Yes
City Council
Cover Memorandum
Current Year Cost:
$509,932.11
Total Cost:
$509,932.11
Approoriation Code(s)
010-01121-530300-521-000
Amount
$509,932.11
Comments
Review Approval
Sid Klein
Rob Surette
08-09-2004 10:10:22
08-18-2004 07:12:43
08-09-2004 12:09:41
08-17-2004 15:46:24
08-17-2004 10:31:19
08-18-2004 18:56:52
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bill Horne
R~ PDi W'7
AGREEMENT
COMES NOW, the CITY OF CLEARWATER, FLORIDA, a municipal corporation
(hereinafter "CITY"), EVERETT S. RICE, as Sheriff of Pinellas County, Florida,
(hereinafter "SHERIFF") and PINELLAS COUNTY, a political subdivision of the State of
Florida, and agree as follows:
WHEREAS, the CITY desires to contract with the SHERIFF for assistance in
examining latent fingerprints derived from crime scenes within the CITY and from
suspects and victims of crimes occurring within the municipal limits of the CITY, and;
WHEREAS, the CITY desires to contract with the SHERIFF for crime scene
services and evidence and property storage for the CITY OF CLEARWATER Police
Department, and;
WHEREAS, the SHERIFF has available personnel to perform such services for
the CITY;
WHEREAS, both the CITY and the SHERIFF believe the proYlslon of such
services as hereinafter proYided is in the best interest of the safety and welfare of the
citizens of the CITY and of Pinellas County and that such will facilitate the investigation
of criminal activity and the apprehension of persons engaging in such activity; and
WHEREAS, this assignment of duties and responsibilities requires the
concurrence of the Board of County Commissioners of Pinellas County, Florida, and
said Board of County Commissioners approves and supports the plan and program set
out in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and promises set
forth below, the parties hereto agree as follows:
I. The SHERIFF shall provide to the CITY one full-time latent print examiner
(hereinafter "Examiner"). Additionally, the SHERIFF shall proYide to the CITY a second
part-time latent print examiner who shall devote at least twenty-five percent (25%) of
his/her time to the examination of latent fingerprints for the CITY. Such person(s) shall
be appropriately trained and qualified to examine latent fingerprints and to identify
same.
A. Said Examiners shall be members of the Pinellas County Sheriff's Office
and shall be subject to the direction and all rules and regulations of the SHERIFF.
B. Said Examiners shall be on duty to perform fingerprint examination eight
(8) hours per day, five (5) days per week and shall as a part of their duties:
1. Examine fingerprints proYided by the CITY to eliminate fingerprints of
persons who have a legitimate reason to have their fingerprints in a
premise or on an object.
2. Evaluate the quality of latent fingerprints provided by the CITY.
3. Compare the latent fingerprints of suspects provided by the CITY.
4. Appropriately document those latent fingerprints provided by the CITY
which cannot be positively identified.
5. Prepare and proYide to the CITY reports on all latent fingerprint
identifications performed.
6. Attend depositions, hearings and trials and render expert testimony in
the area of fingerprint identification.
C. In those instances where the CITY submits a complex or lengthy latent
identification request, the SHERIFF shall provide additional available personnel to assist
the Examiners.
D. The Examiners shall be available to assist SHERIFF's personnel in the
examination of latent fingerprints in times of extreme need for such assistance.
E. The CITY shall proYide one individual, to be designated by the CITY, who
shall act as a liaison with the Examiners provided for herein. Said liaison shall:
1. Be a member of the CITY Police Department.
2. Be responsible for the timely and appropriate delivery of latent
fingerprints and certain items of evidence to the SHERIFF.
3. Be responsible for the proper execution and delivery to the SHERIFF
of correctly executed latent fingerprint request forms.
4. Be responsible for the return to the CITY of completed latent
fingerprint request forms showing the results of such examination or
comparison.
5. Serve as the SHERIFF's contact with the CITY in all day to day
matters relating to the examination of latent fingerprints pursuant to
this Agreement.
II. The CITY shall pay to the Board of County Commissioners the sum of
EIGHTY-EIGHT THOUSAND THREE HUNDRED SEVENTY-EIGHT DOLLARS AND
2
EIGHTEEN CENTS ($88,378.18) annually for the latent fingerprint services to be
rendered pursuant to this Agreement.
III. In addition to the Examiners described above:
A. The SHERIFF will provide to the CITY, upon request by the CITY,
Forensic Science Specialists to document, process and collect evidence at crime
scenes within the CITY. Said services shall include the photographing or otherwise
documenting said crime scene as such may be appropriate, within the scope and
capabilities of the SHERIFF. Any processing or testing outside SHERIFF's capabilities
shall be at the expense of the CITY.
B. The SHERIFF will provide to the CITY, storage, release and disposal for
all evidence and property, except bicycles, which may lawfully come into the possession
of the CITY Police Department or which may be obtained as the result of crime scene
processing. This includes the packaging and transportation of such items to and from a
lab or other testing facility as determined by the CITY Police Department. The
SHERIFF shall be responsible for obtaining routine items of property or evidence from
the CITY OF CLEARWATER Police Department and transporting same to secure
storage facilities maintained by the SHERIFF. Howeyer, where such items of property
or evidence are large, voluminous, heavy or otherwise not compatible with transport by
ordinary courier, it shall be the responsibility of the CITY OF CLEARWATER Police
Department to transport such items to the SHERIFF's evidence and property storage
facility.
The CITY shall pay to the Board of County Commissioners the sum of FORTY-
ONE THOUSAND FIVE HUNDRED SEVENTY-EIGHT DOLLARS AND NINETY-
THREE CENTS ($41,578.93) annually for the evidence storage service. This cost is
inclusive of salary for one property clerk and $2,000 for evidence storage supplies.
C. The SHERIFF shall proYide to the CITY Police Department copies of all
crime scene reports generated by SHERIFF's personnel pursuant to this Agreement.
D. The CITY shall pay to the Board of County Commissioners the sum of
$151.99 for each crime scene processed by the SHERIFF and shall guarantee a
minimum of 2,500 calls for service during this Agreement. For all requests for service in
excess of 2,500 during the period of this Agreement, the CITY shall pay to the Board
the sum of $151.99 for each crime scene processed pursuant to this Agreement.
The CITY shall pay to the Board of County Commissioners the sum of THREE
HUNDRED SEVENTY-NINE THOUSAND NINE HUNDRED SEVENTY-FIVE DOLLARS
AND NO CENTS ($379,975.00) for the 2,500 calls for service for the period of this
Agreement.
E. Billing for requests for service in excess of2,500 calls during the period of
this Agreement shall be inyoiced monthly at the rate of $151.99 per call.
3
F. The parties agree that the term "call for services" as used herein shall be
defined as an incident, eyent or offense that requires a report or offense number made,
recorded or taken by a member of the CITY OF CLEARWATER Police Department for
documentation purposes and which requires some action by a SHERIFF's Forensic
Science Specialist. All services rendered under the same case number shall be
deemed one call for service. Such offense numbers shall be used to calculate calls for
service with each offense number which results in a request for services being deemed
a call for services.
IV. The CITY agrees to pay to the Board of County Commissioners on
October 1, 2004, the sum of FIVE HUNDRED NINE THOUSAND NINE HUNDRED
THIRTY-TWO DOLLARS AND ELEVEN CENTS ($509,932.11) which reflects the
minimum sum due for all services to be rendered during the term of this Agreement.
V. The BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY
hereby joins in the execution of this Agreement to indicate its concurrence in the terms
and provisions hereof and its support for the plan set out herein. Said board agrees to
amend the Pinellas County Sheriffs Office budget to provide the funds necessary to
accomplish the purposes of this Agreement and agrees to cooperate in eyery way
reasonably possible to insure that the purposes stated herein are fulfilled.
VI. A. Either part may cancel this Agreement upon providing notice of such
cancellation in writing thirty (30) days in adyance of the date of cancellation. In
consideration for and CITY's knowledge of SHERIFF hiring and training additional staff
to manage the requirements of this Agreement, should CITY terminate this Agreement
prior to September 30,2005, no funds will be reimbursed by the SHERIFF to the CITY.
If the SHERIFF terminates the Agreement, the SHERIFF shall retain such sums from
the payment set forth above as reflect actual calls for service at the rate provided herein
and shall refund the remainder to the CITY.
B. If the SHERIFF receiyes reimbursement from the BOARD OF
COUNTY COMMISSIONERS OF PINELLAS COUNTY for any of the services that the
SHERIFF will be proyiding to the CITY pursuant to this Agreement, the SHERIFF shall
refund the prorated amount of any unused services.
VII. This Agreement shall be for a period of one (1) year commencing October
1, 2004 and concluding September 30, 2005.
VIII. SHERIFF agrees to use best efforts and necessary resources available to
SHERIFF to carry out the terms and conditions of this Agreement. Both parties agree
that they will cooperate and work together to carry out the terms and conditions of the
Agreement. To that end, the parties agree that the following indiyiduals shall be the
contact persons for the CITY and SHERIFF respectively.
4
L_
FOR THE CITY
Sid Klein, Chief of Police
644 Pierce Street
Clearwater, FL 33756
(727) 562-4242
FOR THE SHERIFF
Director Dan L. Wiggins
P. O. Drawer 2500
Largo, FL 33779-2500
(727) 582-6386
IX. This Agreement constitutes the full and complete understanding of the
parties and may be modified or amended only by a document in writing signed by the
CITY, the SHERIFF and the BOARD.
day of
,2004.
DONE AND EXECUTED this
Countersigned:
CITY OF CLEARWATER, FLORIDA
Mayor-Commissioner
City Manager
Approved as to form:
Attest:
Assistant City Attorney
City Clerk
SHERIFF OF PINELLAS COUNTY, FLORIDA
EVERETT S. RICE, Sheriff
ATTEST:
KARLEEN F. DeBLAKER, Clerk
PINELLAS COUNTY, FLORIDA, By and
through its Board of County Commissioners
BY:
Deputy Clerk
By:
Chairperson
APPROVED AS TO FORM:
County Attorney
5
City Council
Cover Memorandum
PDly
I r~~
Tracking Number: 730
Actual Date: 09/02/2004
Subject I Recommendation:
Approve the transfer of $18,719.89 received from Clearwater Housing Authority for payment in
lieu of taxes (PILOT Funds) to the Clearwater Homeless Intervention Project, Inc. (CHIP), and that
the appropriate officials be authorized to execute same.
Summary:
1. Historically, since 1997 the City Commission (now known as the City Council) has authorized
the funds representing payment in lieu of taxes (PILOT) to be appropriated to the Clearwater
Homeless Intervention Project, Inc. (CHIP).
2. On July 14, 2004, Clearwater Housing Authority (CHA) paid $18,719.89 for Payment in Lieu of
Taxes (PILOT) to the City of Clearwater. In a letter to City Manager William Horne II, on that
same date, CHA requested funds be donated by the City to CHIP for the offset of operational costs
during FY 2003/2004.
3. In order to allow CHIP to have access to these necessary funds as soon as possible for
operational expenses, it is requested that the funds be transferred immediately from the General
Fund, Clearwater Housing Authority Revenue Code 010-349101 to Special Program 181-99938,
Homeless Shelter.
Oriqinating: Police
Section: Consent Agenda
Category: Other
Financial Information:
~ Other
Bid Reauired? No
Bid Exceptions:
Other
Other Contract?
Transfer PILOT funds to CHIP
In Current Year Budqet?
Yes
Budqet Adiustment:
No
Current Year Cost:
$18,719.89
Approoriation Code(s)
010-349101
Review Approval
Sid Klein
Bill Horne
Tina Wilson
Cyndie Goudeau
Garry Brumback
City Council
""",A,9~,!I~,!,,!;;,,9m!,~~~~!!!'9,,~!I'!~,,!:!,m,
-'-~"'''>>;'';~'~::~~~~~~~Wh''''''''''''''''''':''''>>:;::::::::~":~;~;~~~"">>/.X-A"";,",",'''''''#''ml':':'"S:'N,':>~~:::;"''''':': ~,:;,,,i'" -,-,-,-,-,.'< ' , , , ., .,
Amou nt
$18,719.89
Comments
To Special Program 181-99938 Homeless
Shelter
08-16-2004 13:39:00
08-23-2004 16:04:22
08-18-2004 16:44:03
08-24-2004 08: 19:45
08-19-2004 09:40:28
City Council
Cover Memorandum
P"D b a
) )----\
Tracking Number: 767
Actual Date: 09/02/2004
Subiect / Recommendation:
Approve an Amendment to Lease between the City of Clearwater and the State of Florida
Department of Transportation, authorizing the extension of the lease term by fifty (50) years for
the Courtney Campbell Causeway, and that the appropriate officials be authorized to execute
same.
Summary:
1. This Agreement between the City of Clearwater and the Florida Department of Transportation
shall amend the public purpose lease dated September 14, 1999 by extending the lease term.
2. In consideration of the premises and the sum of one dollar ($1.00) paid by each of the parties
to the other, the lease for the Courtney Campbell Causeway will be amended to extend the lease
term by fifty (50) years, beginning September 15, 2004 and ending on September 14, 2054.
3. In all other respects, said terms and conditions of the original lease shall remain in full force
and effect. This lease amendment shall bind the successors and assigns of the respective parties.
4. For many years, large crowds and heavy vehicle and boat traffic have used the sandy area on
the Courtney Campbell Causeway's south side, near its western end, as an unofficial beach and
recreation area. The resulting fights, disorderly conduct, reckless operation of watercraft, and
serious traffic crashes, have created a public nuisance that affects the health and safety of City
residents and places excessive demands on police resources. The original no-cost public purpose
lease on September 14, 1999 for the land along the Courtney Campbell Causeway was entered
into to impose regulations which include prohibition of open containers of alcohol, use of
glassware, open fires, fireworks, golf, possession and use of intoxicating substances, and regulate
photography, special events, merchandising, and operation times.
Orioinating: Police
Section: Consent Agenda
Category: Agreements/Contracts - without cost
Financial Information:
Review Aooroval
Sid Klein
08-06-2004
09:49:22
Garrv Brumback
08-17-2004
14:55:25
Rob Surette
08-17-2004
10:32:59
Bill Horne
08-17-2004
16:40:34
Cyndie Goudeau
08-18-2004
07:11:24
~.' PO'j
11--9
Amendment to Lease Agreement
This Amendment to Lease Agreement is made and entered into this _ day of
,2004, by and between the State of Florida Department of Transportation
and the City of Clearwater, Florida.
This Agreement between the parties shall amend the public purpose lease dated
September 14, 1999 by extending the lease term.
In consideration of the premises and the sum of one dollar ($1.00) paid by each of the
parties to the other, which is acknowledged, said lease is hereby amended to extend the
lease term by fifty (50) years, beginning September 15,2004 and ending on September
14,2054.
It is expressly understood that in all other respects, said terms and conditions of the lease
shall remain in full force and effect.
This lease amendment shall bind the successors and assigns of the respective parties.
Legal Review
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Asst. General Counsel
Kenneth A. Hartmann, P .E.
District Seven Secretary
Attest:
Executive Secretary
(SEAL)
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
William B. Home II
City Manager
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
/~' /1 1 .~' "
I ij Ii ":
. /; j/i, ,", " ).
~. 'fl.,,::) ,0., ,~.t {
Rob Surette
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
ENCj 71 ~JO
City Council
Cover Memora m
Tracking Number: 781
Actual Date: 09/02/2004
Subject / Recommendation:
Approve payment to the Clerk of the Circuit Court in the amount of $111,141.78 for the costs of
processing parking citations for the period October 1, 2003 through June 30, 2004.
Summary:
The Parking System established the new Parking Enforcement cost center and began enforcement
efforts effective April, 2004. Prior to April, 2004, the Police Department was responsible for
parking enforcement.
The Clerk of the Circuit Court previously processed all parking citations and billed the City
annually. Effective July 1, 2004, the Clerk's office will begin billing on a monthly basis.
Between October 1, 2003 and March, 2004, the pro-rated costs are $37,610.38 to the Police
Department and $73,531.40 between April, 2004 and June, 2004 to the Parking System.
Sufficient budget is available in the Police Department, Traffic Enforcement Unit operating cost
center, 010-01135, to fund the $$37,610.38 General Fund portion of these costs.
A third quarter amendment will increase the Parking System/Parking Enforcement operating
budget in the amount of $150,000.00 to provide funding for the Parking System portion of these
costs and to provide budget coverage for the costs to be incurred for July, August and September,
2004. Current year Parking System revenues are sufficient to absorb these additional costs.
A copy of the invoice is available for review at the Official Records and Legislative Services
department.
Originatina: Engineering
Section: Consent Agenda
Cateaorv: Basic Purchasing item
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
Type: Operating Expenditure
Bid Required? No
Bid Exceptions:
Sole Source
In Current Year Budget?
Yes
City Council
Cover Memorandum
Budget Adiustment:
Yes
Budqet Adiustment Comments:
See Summary
Current Year Cost:
$111,141.78
Total Cost:
$111,141.78
Aporooriation Code(s)
010-01335-548000-521-000
435-01334-530300-545-000
Review Approval
Glen Bahnick
Cyndie Goudeau
Bill Horne
Georqe McKibben
Garrv Brumback
Tina Wilson
Sid Klein
Amount
$37,610.38
$73,531.40
Comments
08-09-2004 17: 14: 14
08-24-2004 08: 18:41
08-23-2004 16:05:12
08-10-2004 07:02:02
08-16-2004 13:09:02
08-10-2004 08:55:00
08-18-2004 13:35:02
SEP-17-1996 04:50
Re,' EN~ i }/~I t;
P.02/03
PARKING COST ALLOCATION
10/1/03 through 6/30/04
STATEMENT
July 20, 2204
TO: William B. Home, City Manager
"City of Clearwater
P. O. Box 4748
Clearwater, FL' 33758
Description
Balance Due
Reimburaementof costs of collection and
enforcement of Parking Tickets October 1,
2003 through June 30, 2004
$111,141.78
Make checks payable to KARLEEN F. De BLAKER, Clerk of the Circuit Court. and
'forward to:
CLERK'S ACCOUNTING
Attention: Leslie .Durbin, Manager
315 Court Street
Clearwater, FL 33756
PLEASE REMIT WITHIN 30 DAYS.
"
EN(l '7v 1/1 r
City Council
Cover Memorandum
Trackinq Number: 744
Actual Date: 09/02/2004
Subject / Recommendation:
Approve the Agreement between the Florida Department of Environmental Protection pursuant to
the Environmental Protection Agency Grant Award for funding for the Kapok Wetland and
Floodplain Restoration Project in the amount of $500,000 and authorize the appropriate officials
to execute same.
Summary:
The City with assistance from the Southwest Florida Water Management District applied for
funding from the Florida Department of EnYironmental Protection for the construction of the
Kapok Wetland and Floodplain project through Section 319(h) from the Environmental Protection
Agency.
The Agreement provides for reimbursement funding in the amount of $450,000 for construction
and $50,000 for post construction water quality monitoring.
The Agreement requires that educational signage suitable for informing the general public about
the purpose and benefits of the Project be designed and erected in a conspicuous location at the
Project site.
The Agreement also requires post construction water quality monitoring following establishment
of the planted wetland vegetation to determine the project's effectiveness in reducing nonpoint
source loadings.
A third quarter amendment will increase the budget by $500,000 of Florida Department of
Environmental Protection (FDEP) grant funding in the Kapok Flood Resolution project, 315-96141.
A copy of the Agreement is available for review in the Office of Official Records and Legislative
Services.
Oriqinating: Engineering
Section: Consent Agenda
Cateqory: Agreements/Contracts - without cost
Public Hearing: No
Financial Information:
Review Aooroval
Glen Bahnick
08-06-2004
14:26:37
Cyndie Goudeau
08-18- 2004
07: 10:30
Leslie Douqall-Sides
08-10-2004
11:48:08
Garrv Brumback
08-17-2004
14:56:12
L_________
Tina Wilson
Bill Horne
City Council
Cover Memorandum
08-16-2004 11 :47: 19
08-17-2004 16:41:32
1-
~: EN Ei l./I ~II
DEP AGREEMENT NO. G0087
STATE OF FLORIDA
GRANT AGREEMENT
PURSUANT TO
ENVIRONMENTAL PROTECTION AGENCY GRANT A W ARD(S)
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000
(hereinafter referred to as the "Department" or "DEP") and the CITY OF CLEARWATER, whose address is Post Office
Box 4748, Clearwater, Florida 33758, (hereinafter referred to as "Grantee" or "Recipient"), a local government, to provide
funding for the Kapok Wetland and Floodplain Restoration Project.
WHEREAS, the Department is the recipient of federal [mancial assistance from the Environmental Protection
Agency (EPA); and,
WHEREAS, the Florida Department of Environmental Protection was awarded funding by the Environmental
Protection Agency pursuant to Grant Agreement No. C9-9945 1503-0; and,
WHEREAS, the Grantee has been determined to be a subrecipient of federal [mancial assistance from the U.S.
Environmental Protection Agency (EP A); and,
WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in performance of its
activities pursuant to this Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom, the
Department and the Grantee do hereby agree as follows:
I. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement,
Attachment A (Grant Work Plan), and all attachments and exhibits named herein which are attached hereto and
incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms
"Grantee", "Recipient" and "Contractor", are used interchangeably.
2. This Agreement shall begin upon execution by both parties and shall remain in effect for a period of 60 months,
inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution
and until the expiration of this Agreement. The Grantee may identify in a Payment Request Summary Form
(provided as Attachment B) expenditures/donations made on or after October 1,2002 for purposes of meeting its
match requirements as identified in paragraph 3 and in Attachment A. This Agreement may be amended to
provide for additional services if additional funding is made available by EP A andlor the Legislature.
3.
A.
As consideration for the services rendered by the Grantee under the terms of this Agreement, the
Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $500,000
toward the total project cost described in Attachment A.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt
and acceptance of a properly completed Payment Request Summary Form (provided as Attachment B).
The Chief Financial Officer requires detailed supporting documentation of all costs under a cost
reimbursement agreement. In accordance with the Chief Financial Officer's Contract Payment
Requirements (attached hereto and made a part hereof as Attachment C), the Grantee shall comply with
the minimum requirements set forth therein. Invoices shall be accompanied by supporting documentation
and other requirements as follows:
1. Salaries/Wages - The Grantee shall not be reimbursed for direct salaries or multipliers (i.e.,
fringe benefits, overhead, and/or general and administrative rates) for Grantee's employees.
DEP Agreement No. GOOS7, Page I of9
2. Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from the
Grantee. Subcontracts that involve payments for direct salaries shall clearly identify the
personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers
used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported
by audit. If the Department determines that multipliers charged by any subcontractor exceeded
the rates supported by audit, the Grantee shall be required to reimburse such funds to the
Department within thirty (30) days of written notification. Interest on the excessive charges shall
be calculated based on the prevailing rate used by the State Board of Administration. Invoices
for reimbursement of fixed price subcontracts approved by the Department shall be documented
by copies of the paid invoices.
3. Other Expenses - e.g., Materials, supplies, phone, reproduction, mailing, and other expenses
must be documented by itemizing and including copies of receipts or invoices.
C. The Grantee will limit its participation in the salary rate (excluding overhead) paid to individual
consultants retained by grantee's or by a grantee's contractors or subcontractors to the maximum daily
rate for GS-18. This limitation applies to consultation services for designated individuals with specialized
skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence
costs for travel performed. Subagreements with firms for services, which are awarded using the
procurement requirements contained in 40 CFR 31.36, are not affected by this limitation.
D. The parties hereto understand and agree that this Agreement does require a cost sharing or match on the
part of the Grantee. The Grantee is responsible for providing $5,066,453 in cash or third party in-kind,
towards the work funded under this Agreement. All cost sharing/match shall meet the federal
requirements established in 48 CFR Part 31 and OMB Circulars A-87, A-122, A-21, as applicable.
E. Allowable costs will be determined in accordance with the cost principles applicable to the organization
incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by
reference.
Or anization T e
State, local or Indian tribal overnment.
Private non-profit organization other than (1) an
institution of higher education, (2) hospital, or (3)
organization named in OMB Circular A-122 as not
sub' ect to that circular.
Education Institutions
For-profit organization other than a hospital and an
organization named in OMB A-122 as not subject
to that circular.
A Iicable Cost Princi les
OMB Circular A-87
OMB Circular A-122
OMB Circular A-21
48 CFR Part 31, Contract Cost Principles and
Procedures, or uniform cost accounting standards
that comply with cost principles acceptable to the
federal a enc .
F. The table below identifies the funding supporting this Agreement and EPA Grants providing the funds.
EP A Grant Number
C9-9945 1503-0
CFDA
66.460
Fundin Amount
$500,000.00
$500,000.00
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future
appropriations.
5.
A.
The Grantee shall submit Progress Reports in accordance with the schedule contained in Attachment A.
Progress reports shall be submitted in conjunction with the Payment Request Summary Form, described in
DEP Agreement No. G0087, Page 2 of9
paragraph 3.B. Progress reports shall describe the work performed, problems encountered, problem
resolution, schedule updates and proposed work for the next reporting period. The Grantee shall utilize
the Progress Reporting Form, attached hereto and made a part hereof as Attachment D, for submitting its
progress report. Reports shall be submitted to the Department's Grant Manager no later than twenty (20)
days following the completion of the reporting period. The [mal report shall be submitted no later than
thirty (30) days prior to the completion date of the Agreement. The Department's Grant Manager shall
have ten (10) calendar days to review deliverables submitted by the Grantee.
B. The Grantee agrees to comply with the requirements of EP A's Program for Utilization of Small, Minority,
and Women's Business Enterprises in procurement under this Agreement.
1. The Grantee accepts the Minority Business Enterprise/Women's Business Enterprise
(MBE/WBE) "Fair Share" goals and objectives negotiated with EP A as follows:
Florida Fair Share Goals
Industry Goal
Architectural & Engineering Services 10% MBE and 15% WBE
Commodities 7% MBE and 17% WBE
Contractual Services 14% MBE and 36% WBE
Construction (non SRF) 10% MBE and 11% WBE
2. If the Grantee does not want to rely on the applicable State's MBE/WBE goals, the Grantee
agrees to submit proposed MBE/WBE goals based on availability of qualified minority and
women-owned business to do work in the relevant market for construction, services, supplies and
equipment. "Fair Share" objectives must be submitted to the EP A Grants Management Office,
61 Forsyth Street, Atlanta, GA 30303 within thirty (30) calendar days of award and approved by
EP A no later than thirty (30) calendar days thereafter. Copies of all correspondence with EP A
shall also be forwarded to the Department's Grant Manager.
3. The Grantee agrees to ensure, to the fullest extent possible, that at least the applicable "Fair
Share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction,
equipment or services are made available to organizations owned or controlled by socially and
economically disadvantaged individuals, women and Historically Black Colleges and
Universities.
4. The Grantee agrees to include in its bid documents the applicable "Fair Share" objectives and
require all of its prime contractors to include in their bid documents for subcontracts the
negotiated "Fair Share" percentages.
5. The Grantee agrees to follow the six affirmative steps or positive efforts stated in 40 C.F.R.
30.44(b), 40 C.F.R. 31.36(e), or 40 C.F.R. 35.6580, as appropriate, and retain records
documenting compliance.
6. The Grantee agrees to submit a report documenting MBE/WBE utilization under federal grants
in conjunction with the required progress reports (see paragraph 5.A).
7. If race and/or gender neutral efforts prove inadequate to achieve a "Fair Share" objective, the
Grantee agrees to notify the Department and EP A in advance of any race and/or gender
conscious action it plans to take to more closely achieve the "Fair Share" objective.
8. In accordance with Section 129 of Public Law 100-590, the Small Business Administration
Reauthorization and Amendment Act of 1988, the recipient agrees to utilize and to encourage
any prime contractors under this Agreement to utilize small businesses located in rural areas to
the maximum extent possible. The Grantee agrees to follow the six affirmative steps stated in 40
C.F.R. 30.44(b), 40 C.F.R. 31.36, or 40 C.F.R. 35.6580, as appropriate, in the award of any
contracts under this Agreement.
DEP Agreement No. G0087, Page 3 of9
C. Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recycled paper for all
reports which are prepared as a part of this Agreement and delivered to the Department. This requirement
does not apply to reports which are prepared on forms supplied by EP A. This requirement applies even
when the cost of recycled paper is higher than that of virgin paper.
D. A draft comprehensive fmal report (hard copy and electronic) must be submitted no later than sixty (60)
days prior to the completion date of the Agreement. The Department will review the draft fmal report and
provide comments for inclusion in the fmal report within 30 days. Five (5) hard copies, plus one
electronic copy in Adobe.pdf format or Microsoft Word Format, of a comprehensive fmal report must be
submitted no later than the completion date of the Agreement. The Grantee's fInal report shall include an
accounting of all project expenses, a report of all matching funds contributed on behalf of the Grantee,
and a statement acknowledging that the project has been supported by a grant from the U.S.
Environmental Protection Agency. The following language shall be included on the cover page of the
fInal project report:
"This project and the preparation of this report was funded in part by a Section 319 Nonpoint Source
Management Program Implementation grant from the U.S. Environmental Protection Agency through an
agreement/contract with the Nonpoint Source Management Section of the Florida Department of
Environmental Protection. The total cost of the project was $[show actual amount], of which $[show
actual amount] or [show actual percentage] percent was provided by the U.S. Environmental Protection
Agency. "
Additionally, all other fmal deliverables required by this Agreement (such as booklets, pamphlets, videos,
scientifIc papers, etc.) which were funded in whole or in part by federal sources shall include the language
below to acknowledge the federal government's participation in the project.
"This (booklet, pamphlet, video, paper, etc. as appropriate) was funded in part by a Section 319
Nonpoint Source Management Program Implementation grant from the U.S. Environmental Protection
Agency through an agreement/contract with the Nonpoint Source Management Section of the Florida
Department of Environmental Protection."
The Grantee agrees to provide a copy of any draft report and/or fmal report to the Department before
making, or allowing to be made, a press release, publication, or other public announcement of the
project's outcome. This shall not be construed to be a limitation upon the operation and applicability of
Chapter 119, Florida Statutes.
6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and
agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or
the provisions of Section 768.28, Florida Statutes.
7.
A.
The Department may terminate this Agreement at any time in the event of the failure of the Grantee to
fulfIll any of its obligations under this Agreement. Prior to termination, the Department shall provide
thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an
opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30)
calendar days written notice.
C. The parties hereto may agree to terminate this Agreement for convenience as evidenced by written
amendment of this Agreement. The amendment shall establish the effective date of the termination and
the procedures for proper closeout of the Agreement.
D. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in conjunction
DEP Agreement No. G0087, Page 4 of9
with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State
Constitution and Section 119.07(1), Florida Statutes.
8. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or
State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the
following actions, as appropriate for the circumstances.
A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of
the activity or action not in compliance.
C. Wholly or partly suspend or terminate this Agreement.
D. Withhold further awards for the project or program.
E. Take other remedies that may be legally available.
F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after
termination of the Agreement are not allowable unless the Department expressly authorizes them in the
notice of suspension or termination. Other Grantee costs during suspension or after termination which are
necessary and not reasonably avoidable are allowable if the following apply.
1. The costs result from obligations which were properly incurred by the recipient before the
effective date of suspension or termination, are not in anticipation of it, and in the case of
termination, are noncancellable.
2. The cost would be allowable if the Agreement were not suspended or expired normally at the end
of the funding period in which the termination takes place.
G. The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under Executive Orders 12549 and 12689.
9.
A.
The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit
purposes during the term of this Agreement and for five years following Agreement completion. In the
event any work is sub granted or subcontracted, the Grantee shall similarly require each subgrantee and
subcontractor to maintain and allow access to such records for audit purposes.
B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record
retention period established above, the records shall be retained until all litigation, claims or audit findings
involving the records have been resolved and fmal action taken.
C. Records for real property and equipment acquired with Federal funds shall be retained for five years
following fmal disposition.
10. In addition to the provisions contained in paragraph 9 above, the Grantee shall comply with the applicable
provisions contained in Attachment E, Special Audit Requirements. A revised copy of Attachment E, Exhibit-
1, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The
revised Exhibit-l shall summarize the funding sources supporting the Agreement for purposes of assisting the
Grantee in complying with the requirements of Attachment E. If the Grantee fails to receive a revised copy of
Attachment E, Exhibit-I, the Grantee shall notify the Department's Grants Development and Review Manager at
850/245-2361 to request a copy of the updated information.
DEP Agreement No. G0087, Page 5 of9
11.
12.
A.
The Grantee shall not subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager, unless the subcontractor has been identified in the Grant Work Plan. The
Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and
agrees to be responsible for the payment of all monies due under any subcontract. It is understood and
agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for
all expenses and liabilities incurred under the subcontract.
B. The Grantee agrees to comply with the procurement requirements contained in 40 C.F.R. 31.36 for its
selection of subcontractors.
C. The Grantee agrees to notify the Department of all subcontracts not identified in the Grant Work Plan no
less than twenty days prior to the effective date of the subcontracts for the purpose of approval by the
Department. The Grantee agrees to provide the Department with an executed copy of all subcontracts
within ten days after the effective date of the agreement.
D. The Department of Environmental Protection supports diversity in its procurement program and requests
that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The
award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The
Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting
opportunities.
A.
The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after
December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending
or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used
for lobbying activities as described above, the Grantee shall submit Attachment F, Standard Form-LLL,
"Disclosure of Lobbying Activities" (attached hereto and made a part hereof), and shall file quarterly
updates of any material changes. The Grantee shall require the language of this certification to be included
in all subcontracts, and all subcontractors shall certify and disclose accordingly. [40 CFR 34]
B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
C. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501(c)4 of the
Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless such
organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as
a special condition of the sub grant. This restriction does not apply to loans made pursuant to approved
revolving loan programs or to contracts awarded using proper procurement procedures.
D. The Grantee's Chief Executive Officer shall certify that no funds provided under this Agreement have
been used to engage in the lobbying of the Federal Government or in litigation against the United States
unless authorized under existing law. The Grantee shall submit Attachment G, "Lobbying and Litigation
Certificate" (attached hereto and made a part hereof) to the Department within ninety (90) days following
the completion of the Agreement period.
13. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this
Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state
and local health and safety rules and regulations. The Grantee further agrees to include this provision in all
subcontracts issued as a result of this Agreement.
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
DEP Agreement No. G0087, Page 6 of9
14. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this
Agreement is identified below.
Karl Kurka
Florida Department of Environmental Protection
Non Point Source Management Section
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Telephone No.: 850/245-8682
SunCom No.: 205-8682
Fax No.: 850/245-8434
E-mail Address: Kar1.Kurkaia)den.state.fl.us
15. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) for this Agreement
is identified below.
TeITV Finch
City of Clearwater
Public Works Administration
Post Office Box 4748
Clearwater, Florida 33758
Telephone No.: 727/562-4742
Fax No.: 727/562-4755
E-mail Address:terrv.finchlQ)mvclearwater.com
16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life
of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide
Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the
Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this
Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees
not otherwise protected.
17. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under
Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants
and agents while acting within the scope of their employment with the Grantee.
18. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in
any manner or degree with the performance of services required.
19. The purchase of non-expendable personal property or equipment costing $1,000 or more is not authorized under
the terms of this Agreement.
20. The Department may at any time, by written order designated to be a change order, make any change in the work
within the general scope of this Agreement (e.g., specifications, tirneline within current authorized Agreement
period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual
agreement of both parties as evidenced in writing. Any change order, which causes an increase or decrease in the
Grantee's cost or time, shall require formal amendment to this Agreement.
21. The Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) establishes a number of fIfe safety standards
which must be met for hotels and motels. The Grantee acknowledges that Federal funds may not be used to
DEP Agreement No. G0087, Page 7 of9
sponsor a conference, meeting, or training seminar held in a hotel or motel which does not meet the requirements
of the Hotel and Motel Fire Safety Act of 1990.
22. If the Grantee's project involves environmentally related measurements or data generation, including the
development of models that may be used in regulatory decisions, the Grantee shall develop and implement quality
assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to
produce data of quality adequate to meet project objectives and to minimize loss of data due to out-of-control
conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the
requirements set forth in Chapter 62-160, Florida Administrative Code, and the Quality Assurance Requirements
for Department Agreements, attached hereto and made part hereof as Attachment H.
23.
A.
No person, on the grounds ofrace, creed, color, national origin, age, sex, or disability, shall be excluded
from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in
performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide 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 award or perform work as a contractor, supplier, subcontractor, or
consultant under contract with any public entity, and may not transact business with any public entity.
The Florida Department of Management Services is responsible for maintaining the discriminatory vendor
list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be
directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-
0915.
24.
A.
In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 32), the Grantee agrees
and certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other
covered transaction, with a person who is similarly debarred or suspended from participating in this
covered transaction, unless authorized in writing by EP A to the Department.
B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a ~ of
the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment I.
C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and
Attachment I in all subcontracts or lower tier agreements executed to support the Grantee's work under
this Agreement.
25. The Environmental Protection Agency and Department, reserve a royalty-free, nonexclusive, and irrevocable
license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:
A. The copyright in any work developed under a grant, sub grant, or contract under a grant or subgrant.
B. Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant
support.
26. The Grantee agrees to comply with, and include as appropriate in contracts and sub grants, the provisions contained
in Attachment J, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee
acknowledges that the applicable regulations listed in Attachment K, Regulations, attached hereto and made a part
hereof, shall apply to this Agreement.
27. Land acquisition is not authorized under the terms of this Agreement.
DEP Agreement No. G0087, Page 8 of9
28. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications
or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed
by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
CITY OF CLEARWATER
By:
William B. Home, II
City Manager
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Secretary or designee
Date:
Date:
Attest:
Cynthia E. Goudeau
City Clerk
Karl Kurka, DEP Grant Manager
Countersigned:
Brian J. Aungst
Mayor-Commissioner
DEP Procurement Administrator
Approved as to form:
Approved as to form and legality:
Leslie Dougall-Sides
Assistant City Attorney
FEID No.: 59-6000289
DEP Attorney
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a
resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental
board/commission must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Letter/
Number
~
l
~
-1L
~
L
-.iL
-1:L
.l
-L
---1L
Description (include number of pages)
Grant Work Plan (6 Pages)
Payment Request Summary Form and Instructions (2 Pages)
Contract Payment Requirements (1 Page)
Progress Report Form (2 Pages)
Special Audit Requirements (5 Pages)
Disclosure ofLobbving Activities (2 Pages)
LobbYing and Litigation Certificate (1 Page)
Quality Assurance Requirements (4 Pages)
Certification Regarding Debarment/Suspension (2 Pages)
Contract Provisions (3 Pages)
Regulations (1 Page)
DEP Agreement No. G0087, Page 9 of9
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
GRANTEE: CITY OF CLEARWATER
GRANTEE'S GRANT MANAGER:
DEP AGREEMENT NO.: G0087
DATE OF REQUEST:
PAYMENT REQUEST NO.:
PERFORMANCE
PERIOD:
PERCENT MATCHING
REQUIRED:
AMOUNT
REQUESTED:$
GRANT EXPENDITURES SUMMARY SECTION
Effective Date of Grant throu h End-of-Grant Period
AMOUNT OF TOTAL MATCHING
CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS
PAYMENTS
Salaries $ $ $
Fringe Benefits $ $ $
Travel (if authorized) $ $ $
Subcontracting:
Planning $ $ $
Design $ $ $
Construction $ $ $
Construction Related Costs $ $ $
Equipment Purchases $ $ $
Supplies/Other Expenses $ $ $
Land $ $ $
Indirect $ $ $
TOTALS $ $ $
AGREEMENT AMOUNT $ $
Less Total Cumulative Payments of: $ $
TOTAL REMAINING IN GRANT $ $
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above
was for items that were charged to and utilized only for the above cited grant activities.
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
DEP Agreement No. G0087, Attachment B, Page 1 of2
TOTAL
CUMULATIVE
MATCHING
FUNDS
$
$
$
$
$
$
$
$
$
$
$
$
INSTRUCTIONS FOR COMPLETING
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
GRANTEE: Enter the name of the grantee's agency.
DEP AGREEMENT NO.: This is the number on your grant agreement.
DATE OF REQUEST: This is the date you are submitting the request.
AMOUNT REQUESTED: This should match the amount on the "TOTAL AMOUNT" line for the "AMOUNT OF THIS
REQUEST' column.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant agreement.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
PERFORMANCE PERIOD: This is the beginning and ending date of the invoice period.
PERCENT MATCHING REQillRED: Enter your match requirement here.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was paid out during the invoice period. This must
be by budget category as in the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not
claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically
identified in the current Budget Narrative section of the current Grant Work Plan. Enter the column total on the "TOTALS"
line. Enter the budget amount on the "AGREEMENT AMOUNT' line. Enter the total cumulative amount of this request
and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENTS OF" line. Deduct the "LESS TOTAL
CUMULATIVE PAYMENTS OF" from the "AGREEMENT AMOUNT' for the amount to enter on the "TOTAL
REMAINING IN GRANT' line.
"TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts that have been paid to date for
expenses by budget category. The final report should show the total of all payments, first through the fmal payment, etc.
Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the invoice period. This needs to be
shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the
"TOTALS" line for this column. Enter the match budget amount on the "AGREEMENT AMOUNT' line for this column.
Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE
PAYMENTS OF" line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the
"AGREEMENT AMOUNT' for the amount to enter on the "TOTAL REMAINING IN GRANT' line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date
for match by budget category. Put the total of all on the line titled "TOTALS." The fmal report should show the total of all
claims, first claim through the fmal claim, etc. Do not enter anything in the shaded areas.
GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant
agreement and the Grantee's Fiscal Agent.
NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel
reimbursement form approved by the Department of Financial Services, Chief Financial Officer.
DEP Agreement No. G0087, Attachment B, Page 2 of2
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures (March 2003)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement
is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual
checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in
the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries:
A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits:
Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of
checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. Ifnonexpendable property is
purchased using State funds, the contract should include a provision for the transfer of the
property to the State when services are terminated. Documentation must be provided to
show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defmed in Section
273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State
University system or the State Community College system, the agency receiving the contract or grant moneys shall charge
no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required
for the payment of direct costs.
The Florida Department of Financial Services, Reference Guide to State Expenditures (March, 2003) can be found at the
following web address: www.dbf.state.fl.us/aadir/reference guide.
DEP Agreement No. G0087, Attachment C, Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP A~reement No.: GOO8?
Grantee Name: City of Clearwater
Grantee Address:
Grantee's Grant Mana~er: I Telephone No.: I
Quarterly Reportin~ Period:
Project Number and Title: Kapok Wetland and Floodplain Restoration Project
Provide a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. IC goals were not met, provide reasons
why.)
Provide an update on the estimated time for completion of the project and an explanation for any
anticipated delays.
Provide any additional pertinent information including, when appropriate, analysis and explanation of
cost overruns or high unit costs.
DEP Agreement No. G0087, Attachment D, Page lof2
(continued from page 1)
Identify below, and attach copies of, any relevant work products being submitted for the project for this
reporting period (e.g., report data sets, links to on-line photographs, etc.)
Summarize and provide supporting documentation regarding your efforts in meeting the MBE/WBE
requirements contained in paragraph S.B.l. of the Agreement
Provide a project budget update, comparing the project budget to actual costs to date.
Budget Category Total Project Expenditures this Reporting Project Funding
Bud2et Period Balance
Please refer to the Payment Request Summary Form for the total cumulative payment amount prior to this report.
This report is submitted in accordance with the reporting requirements ofDEP Agreement No. G0087 and
accurately reflects the activities and costs associated with the subject project.
Signature of Grantee's Grant Manager
Date
DEP Agreement No. G0087, Attachment D, Page 2 of 2
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defmed by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with
any additional instructions provided by the Department to the recipient regarding such audit. The recipient further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defmed in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after 12/31/03) or more
in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in
accordance with the provisions ofOMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates
Federal funds awarded through the Department of Environmental Protection by this Agreement. In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of
Federal awards, including Federal resources received from the Department of Environmental Protection.
The determination of amounts of Federal awards expended should be in accordance with the guidelines
established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General
in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this
part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-I33, as
revised.
3. If the recipient expends less than $300,000 ($500,000 for fiscal years ending after 12/31/03) in Federal
awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-133, as
revised, is not required. In the event that the recipient expends less than $300,000 ($500,000 for fiscal
years ending after 12/31/03) in Federal awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from
non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from
other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/cfda/cfda.html.
DEP 55-215 (01104)
DEP Agreement No. G0087, Attachment E, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of State fmancial assistance 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 Chief Financial Officer; and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement indicates State fmancial assistance awarded through the Department of Environmental
Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the
recipient shall consider all sources of State fmancial assistance, including State fmancial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include Federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of
a fmancial reporting package as defmed by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $300,000 in State fmancial 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 fmancial 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 the non-State entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at http://state.fl.us/fsaa/catalog or the Governor's
Office of Policy and Budget web site located at
http://www.myflorida.com/mvflorida/government/contacts/opbOffice.html for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website
htto://www.1eg.state.fl.us/. Governor's Web site http://www.mvflorida.com/. Department of Financial
Services' Website http://www.dbf.state.fl.us/and the Auditor General's Website
htto:/ /www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7}(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-B3, as revised, by or on behalf of the recipient directlv to each of the following:
DEP 55-215 (01104)
DEP Agreement No. G0087, Attachment E, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(t), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP 55-215 (01104)
DEP Agreement No. G0087, Attachment E, Page 3 of 5
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-B3, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting fmancial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (01104)
DEP Agreement No. G0087, Attachment E, Page 4 of 5
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ATTACHMENT F
Approved by OMB
0348-0046
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 V.S.C. 1352
(See reverse for public burden disclosure.)
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
D
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
D
a. bid/offer/application
b. initial award
c. post-award
D
a. initial filing
b. material change
For Material Change Only:
year quarter
date of last report
D Prime
D Subawardee
Tier
5. If Reporting Entity in No.4 is Subawardee, Enter Name
and Address of Prime:
4. Name and Address of Reporting Entity:
, if known:
Congressional District, if known:
Congressional District, ifknown:
6. Federal Department/Agency:
7. Federal Program NamelDescription:
CFDA Number, if applicable:
8. Federal Action Number, ifknown:
9. Award Amount, ifknown:
$
10. a. Name and Address of Lobbying Entity
(if individual, last name, first name, MI):
b. Individuals Performing Services (including address if
different from No. lOa)
(last name, first name, MI):
attach Continuation Sheet s
11. Information reqnested through this form is authorized by title 31 V.S.C.
section 1352. This disclosnre of lobbying activities is a material
representation of fact upon which reliance was placed by the tier above
when this transaction was made or entered into. This disclosure is required
pursuant to 31 V.S.C. 1352. This information will be reported to Congress
semi-annually and will be available for public inspection. Any person who
fails to file the required disclosure shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
Signature:
Print Name:
Title:
Telephone No.:
Date:
Authorized for Local Reproduction
Standard Form - LLL (Rev 7 - 97)
Form DEP 55-221 (01101)
Page 1 of2
DEP Agreement No. G0087, Attachment F, Page 1 of 2
DEP 55-215 (01/02)
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether sub awardee or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered
Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the
implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material
change to the information previously reported, enter the year and quarter in which the change occurred.
Enter the date of the last previously submitted report by the reporting entity for this covered Federal
action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is or
expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
sub awardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in
item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned
by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different
from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public
reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions
for reducin this burden, to the Office of Mana ement and Bud et Pa erwork Reduction Pro' ect 0348-0046, Washin on, D.C. 20503.
Form DEP 55-221 (01101) Page 2 of 2
DEP Agreement No. G0087, Attachment F, Page 2 of2
DEP 55-215 (01/02)
A TT ACHMENT G
FcxmAp...-l OMB No.;;V= A"".,va1lxpia, 12131.02
LOBBYING AND LITIGATION CERTIFlCATE.
oEPA
I hereby certifY that none of these funds have been used to engage in the lobbying of
the Federal Government or in litigation against the United States unless authorized
under existing law.
Assistance Agreement Number(s)**
Chief Executive Officer
Date
*Complete this form pursuant to the 2001 Department of Veterans Affairs and Housing and Urban
Development, and Independent Appropriations Acts, Public Law 106-277, Section 424 and 2000 Department
of Veterans Affairs and Housing and
Urban Development, and Independent Appropriations Acts, Public Law 106-74, Section 426 and any other
subsequent Appropriation Act requirements.
· *If certifYing for more than one grant number and more space is needed, please list additional numbers in
the space provided below:
Please mail this form to your Grant Specialist. DO NOT send this infonnation to the Office of Management & Budget.
Burden Statement. 1hc: BIUlUal public reporting and record keeping burden for this collection of information is estimated to average
S minl.tes per respondent. Burden means the total time, effort, or financial resources expended by persons to ~enerate, maintain,
retain, or disclose or provide infonnation to or for a Fedem agency. lbis includes the tune needed to review IDstroctions; devdop,
acquire, install, and utilize technology and systems for the purposes .of collecting, validating, and verifying information, processing
and maintaining infonnation, and disclosing and providing infonruiion; adjust the existing ways to cOIqlly with any previously
applicable instructions and requiremcnts; train persornel to be able to respond to a collection of information; search data SOirees;
complete and review the collection of information; and transmit or otherwise <isclose the informanon. An agency may not conduct
or sponsor, and a person is not required to respond to, a collection of information unless it displays a clUTCndy valid OMB cot:trol
number. The OMB control numbers forEPA's regulations are listed in 40 CFRP.-t9 and 48 cm Chapter IS.
Send cormnents on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested
methods for minimiling respondent birden, including through the use of attomated collection teclmiques to the Director,
Regulatory Information Division, U.S. Enviromnental Protection Agency (2137), 401 M. St., S. W. Waslington, D. C. 20460; and to
the Office of Information and Regulatory Affairs, Office of Management and Budget, 72S 17d:t Street, NW, Washington, DC
20S03, Attention: Desk Officer for EPA. Include the EPA ICR number and OMB cot:troll1lffiber in any correspondence.
EPA Form S700-S3 (Rev. 2-02)
DEP Agreement No. G0087, Attachment G, Page 1 of 1
ATTACHMENT H
QUALITY ASSURANCE REQUIREMENTS FOR DEP CONTRACTS
(last revised 5/20/03)
1. All sampling and analyses performed under this Contract must conform to the requirements set forth in Chapter 62-160,
Florida Administrative Code (F.A.C.) and the document "Requirements for Field and Analytical Work performed for
the Department of Environmental Protection under Contract" (DEP-QA-002/02), February 2002.
2. LABORATORIES
A. The Contractor shall ensure that all laboratory testing activities are performed by a laboratory certified by the
Department of Health Environmental Laboratory Certification Program (DoH ELCP) for the test methods and
analytes to be measured.
B. If the laboratory is not certified for some or all of the proposed test measurements, the laboratory shall apply for
certification within one month of Contract execution, and shall be fully certified within six months. Regardless of
when the laboratory receives certification, the laboratory must implement all applicable standards of the National
Environmental Laboratory Accreditation Conference (NELAC) upon Contract execution.
C. Prior to providing analytical services, the laboratory must provide information for all test measurements that at
least one set of performance test samples that meet the DoH ELCP certification requirements have been passed
successfully within the last 6 months.
D. Laboratories shall maintain certification for all test methods during the life of the Contract. Should certification for
an analyte or test method be lost, all affected tests shall be immediately contracted to a laboratory with current
DoH ELCP certification. The laboratory shall notify the project manager in writing of any changes before such
changes are made.
E. A copy of the DoH Certificate and the list of test methods for each laboratory shall be provided to the project
manager with submission of the QAPP or upon receiving DoH certification (see 2.B above).
F. All non-standard laboratory procedures (i.e. those that do not appear on the Department's list of recognized
methods) whether DoH ELCP certification is required or not, shall be submitted for review and approval in
accordance with DEP-QA-OOllOl "New and Alternative Analytical Laboratory Methods", January 1,2002. The
method must be approved by the Department before use.
G. The Contractor shall ensure that the essential quality control measures, laboratory report content and
documentation are consistent with Chapter 5 of the NELAC standards and DEP-QA-002/02. In addition:
1. The fmal concentration of any spike fortification must be at the laboratory's stated PQL or at the action level if
it exceeds the PQL. If the measured sample background exceeds the specified spike level by more than a
factor of two, then the spike level must be 2-5 times the measured background level in the sample that is
selected for spiking. If a spiked sample is spiked at an incorrect level, then the entire batch of samples must be
re-prepared, a new aliquot of the same sample must be re-spiked at the correct level for this batch, and the
batch reanalyzed. The sample to be spiked should be randomly selected, and it must be reported which sample
was spiked. All spike fortification must take place prior to any necessary preparation. The results must meet
the established laboratory acceptance criteria for the specific matrix. If none have been developed, the
laboratory shall use the criteria for LCS until such limits are established.
2. No analyses may be performed using expired reagents, calibration solutions or check solutions.
3. The concentration of each calibration standard used to generate a nonlinear calibration curve must be
calculated based on the curve. All calculated calibration concentrations must be within 85% - 115% of the
known concentration for that standard.
4. If a relative response factor is used to determine the sample concentration, the continuing calibration checks
must meet the method stated acceptance criteria.
DEP Agreement No. G0087, Attachment H, Page 1 of 4
I___~ _H___ u_
5. Analytical sensitivity must be evaluated using a check standard prepared at the practical quantitation limit for
each analytical run as described above for PQLs.
6. The absolute value of the raw instrument value must be less than the MDL for all blanks.
7. If method control limits for any measurements are exceeded (including control limits for sample matrix
spikes), then the analysis must be repeated if possible. All sample data that is associated with a failed quality
control measure must be appropriately qualified as specified in Chapter 62-160, F.A.C. An explanatory
comment must be attached to the fmal report for each result that has a qualifier code other than U, I, or A.
Any additional qualifier codes used, but not explicitly provided for in Chapter 62-160, F.A.C., must be
identified and defined in the report.
8. The reported MDL and PQL for each sample must be adjusted for dilution factors, and any relevant
preparation weights and volumes.
9. If a field blank, equipment blank or trip blank result is greater than the MDL, the result must be confirmed by
reanalyzing a new aliquot of the sample. The laboratory must investigate sufficiently to determine that
positive blank results are not due to a laboratory error, and report results with appropriate qualifiers and/or
comments.
3. FIELD ACTIVITIES
A. All sample collection and field activities shall be performed in accordance with the Department's "Standard
Operating Procedures for Field Activities" (DEP-SOP-OOl/Ol dated January 1, 2002.
B. Any non-standard field procedure shall be submitted for review and approval in accordance with FA 2000 of the
Department's Standard Operating Procedures. The procedure must be approved by the Department before use.
4. REPORTING, DOCUMENTATION AND RECORDS RETENTION
A. All laboratory and field records as specified in Chapter 62-160, F.A.C. shall be retained for a minimum of five
years after the project completion.
B. In addition to the NELAC-compliant laboratory report, the Contractor shall require that the laboratory provide
additional information to satisfy the "Tier 1" validation requirements as outlined in DEP-QA-002/02.
C. All applicable data qualifier codes as mandated by Chapter 62-160, F.A.C. and included in DEP-QA-002/02 shall
be used.
D. The Contractor shall adhere to the documentation and records requirements for project data contained in DEP-QA-
002/02.
E. All field and laboratory records that are associated with work performed under this contract shall be organized so
that any information can be quickly and easily retrieved.
5. AUDITS
A. AUDITS BY THE DEPARTMENT - Pursuant to 62-160.650, F.A.C., the Department may conduct audits offield and/or
laboratory activities. In addition to allowing Department representatives to conduct onsite audits, the Contractor,
upon request, must provide the Department with the requested information, including the raw analytical data for all
analyses of a sample (regardless of whether the data are reported). If an audit by the Department determines that
the data are not usable for the proposed purpose, the Department reserves the right to terminate the contract and
require the Contractor to reimburse the Department for all payments made for work done on the collection or
analysis of data.
B. PLANNING REVIEW AUDITS -
1. Initial: Within one month after the second sampling and analysis event has been completed (including all
analyses), the Contractor and all associated subcontractors shall review the planning document (see 6 below)
relative to the field and laboratory activities to determine if the data quality objectives are being met, identify
DEP Agreement No. G0087, Attachment H, Page 2 of 4
any improvements to be made to the process, and refine the sampling design or schedule. A summary of the
review, including any corrective action plans or amendments to the planning document shall be sent to the
Department Contract Manager within one month of the review, and a copy shall be maintained with the
permanent project records.
2. Ongoing: Planning reviews as described in 1 above shall occur annually.
C. QUALITY SYSTEMS AUDITS - The Contractor and all subcontractors shall ensure that the required laboratory and
field quality system and management systems audits are performed, and documented in the organization's records.
D. STATEMENTS OF USABILITY - As a part of the audit process and the [mal report, the Contractor shall provide
statements about data usability relative to the Project Data Quality Objectives and Data Quality Indicators.
6. PLANNING DOCUMENTS
A. A Quality Assurance Project Plan (QAPP) shall be submitted to the Department Project Manager for review and
approval. The plan shall be consistent with the EP A Document EP A-QAIR-5, EP A Requirements for Quality
Assurance Project Plans, dated March 2001. Failure to submit the required QAPP within six months of the
initiation of sampling activities shall result in suspension of the Contract until the document has been submitted to
DEP.
B. The Contractor and affected subcontractors have three (3) opportunities to submit their QA Plan documents to the
Department for approval. If any Plan fails the approval process three (3) times, the Department may terminate the
Contract in its entirety. Failure to provide acceptable QA Plans as required will result in suspension or termination
of this Contract.
C. The Department Contract Number shall appear on the title page of the submitted QAPP. Within forty-five (45)
days of receipt of properly identified documents by the DEP, the Department shall review and either approve the
QAPP, or provide comments to the Contractor and affected subcontractors as to why the Plan is not approved. If
further revisions are needed, the Contractor shall then have fifteen (15) days from the receipt of such comments to
respond. The Department shall respond to all revisions within 30 days of receipt.
D. IfQA Plan review is delayed, through no fault of the Contractor, beyond sixty (60) days after the Plan is received
by the Department, the Contractor shall have the option, after the Plan is approved, of requesting and receiving an
extension in the term of the Contract for a time period not to exceed the period that review was delayed. This
option must be exercised at least sixty (60) days prior to the current termination date of the Contract.
E. Sampling and analysis may not begin until the QAPP has been approved.
F. Once approved, the Contractor shall follow the protocols specified in the approved QAPP including, but not
limited to:
1. Ensuring that all stated quality control measures are collected, analyzed and evaluated for acceptability;
2. Using only the protocols approved in the QAPP; and
3. Using only the equipment approved in the QAPP.
G. If any significant changes such as changes in procedures or test methods, changes in organizations, or changes in
key personnel occur, the Contractor shall submit appropriate amendments to the Department Project Manager for
review and inclusion into the QAPP. Failure to submit the required amendments or to meet any of the above-stated
conditions may result in the decision by the Department Project Manager to suspend or terminate the Contract.
DEP Agreement No. G0087, Attachment H, Page 3 of 4
7. DELlVERABLES
A. The following outlines the expected schedule for the deliverables that are associated with the Quality Assurance
requirements of this contract:
1. Copy of DoH ELCP certificate including the list of test methods and analytes shall be submitted with the draft
QAPP.
2. Copies of performance test results (see 2C oflaboratory) shall be submitted with the draft QAPP.
3. Non-standard laboratory or field procedures - Prior written approval is required and will be provided upon
submission of the complete packet of information for review.
4. Planning review audits - As specified in 5.B.
5. Statement of Usability - As specified in 5.D.
6. Planning Document - see 6.
Note: All documents referenced in the Attachment are available at the following website:
http://www.dep.state.fl.us
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DEP Agreement No. G0087, Attachment H, Page 4 of 4
ATTACHMENT I
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS
DEP AGREEMENT NO: G0087
I. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. The undersigned also certifies that it and its principals:
(a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or
State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and
(c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or
local) terminated for cause or default.
3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this
certification.
Dated this
day of
,20_.
By
Authorized Signature/Contractor
Typed Name/Title
Contractor's Firm Name
Street Address
Building, Suite Number
City/State/Zip Code
Area Code/Telephone Number
Form DEP 55-220 (01101)
DEP Agreement No. G0087, Attachment I, Page 1 of 2
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
1. By signing and submitting this form, the certifying party is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Govemment, the Department of Environmental Protection (DEP) or agencies with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the
certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary
covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this
contract is submitted for assistance in obtaining a copy ofthose regulations.
5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48
CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the DEP or agency with which this transaction originated.
6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all
contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.)
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
DEP FORM 55-220 (01101)
DEP Agreement No. G0087, Attachment I, Page 2 of2
ATTACHMENT J
Contract Provisions
All contracts, awarded by a recipient including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with
E.G. 11246, "Equal Employment Opportunity," as amended by E.G. 11375, "Amending Executive
Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41
CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor."
2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.c. 276c) - All contracts and subgrants in
excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a
provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by
Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building
or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act
provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he is otherwise entitled. The recipient shall report all suspected or reported
violations to the Federal awarding agency.
3. Davis-Bacon Act, as amended (40 U.S.c. 276a to a-7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000
shall include a provision for compliance with the Davis-Bacon Act (40 U.S.c. 276a to a-7) and as
supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions
Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act,
contractors shall be required to pay wages to laborers and mechanics at a rate not less than the
minimum wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of
the current prevailing wage determination issued by the Department of Labor in each solicitation and
the award of a contract shall be conditioned upon the acceptance of the wage determination. The
recipient shall report all suspected or reported violations to the Federal awarding agency. EP A does
not consider work performed under the 319 grants to fall under the definition of construction.
Therefore, this provision does not apply to this specific agreement number.
4. Contract Work Hours and Safety Standards Act (40 U.S.c. 327-333) - Where applicable, all
contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2,500
for other contracts that involve the employment of mechanics or laborers shall include a provision for
compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section
102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than 1 Y2 times the basic rate of
pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to
construction work and provides that no laborer or mechanic shall be required to work in surroundings
or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
DEP Agreement No. G0087, Attachment J, Page 1 00
1-
5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the
performance of experimental, developmental, or research work shall provide for the rights of the
Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Vnder Government
Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.
6. Clean Air Act (42 U.S.c. 7401 et seq.), and the Federal Water Pollution Control Act (33 U.S.c.
1251 et seq.), as amended - Contracts and subgrants of amounts in excess of $100,000 shall contain a
provision that requires the recipient to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 V.S.C. 7401 et seq.) and the Federal Water
Pollution Control Act as amended (33 V.S.c. 1251 et seq.). Violations shall be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EP A).
7. Byrd Anti-Lobbying Amendment (31 U.S.c. 1352) - Contractors who apply or bid for an award of
$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 V.S.C. 1352. Each tier shall also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on
the General Services Administration's List of Parties Excluded from Federal Procurement or
Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension."
This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and
contractors declared ineligible under statutory or regulatory authority other than E.O. 12549.
Contractors with awards that exceed the small purchase threshold shall provide the required
certification regarding its exclusion status and that of its principal employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section
1424(e) ofthe Safe Drinking Water Act, (42 U.S.C. 300h-3(e)) - Contracts and subgrants of amounts
in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all
applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water
Pollution Control Act, as amended (33 V.S.C. 1368) and Section 1424(e) of the Safe Drinking Water
Act, (42 U.S.c. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EP A).
10. Compliance with all Federal statutes relating to nondiscrimination. These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on
the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.c. 795), which
prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended
(42 V.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office
and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42
V.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; (g) Title VIII of the Civil Rights Act of 1968 (42 V.S.C. 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions
DEP Agreement No. G0087, Attachment J, Page 2 of3
in the specific statute( s) made; and, (i) the requirements of any other nondiscrimination statute( s) which
may apply.
11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable
treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted
programs. These requirements apply to all interests in real property acquired for project purposes
regardless of Federal participation in purchases.
12. Compliance with the provision of the Hatch Act (5 U.S.e. 1501 - 1508 and 7324 - 7328) which
limit the political activities of employees whose principal employment activities are funded in whole or
in part with Federal funds.
13. Comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area
to participate in the program and to purchase flood insurance if the total cost of insurable construction
and acquisition is $10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy Act of
1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to
EP 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State
management program developed under the Coastal Zone Management Act of 1972 (16 V.S.C. 1451 et
seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c)
of the Clean Air Act of 1955, as amended (42 V.S.C. 7401 et seq.); (g) protection of underground
sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and
(h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-
205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16
U.S.e. 470), EO 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.e. 469a-l et seq.)
17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C.
2131 et seq.) pertaining to the care, handling, and treatment of warm bloodied animals held for
research, teaching, or other activities supported by this Agreement.
19. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.e. 4801 et seq.) which
prohibits the use of lead based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act (pub. L. 94-163, 89 Stat. 871).
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DEP Agreement No. G0087, Attachment J, Page 3 00
_~I
,
ATTACHMENT K
REGULATIONS
Formal regulations concerning administrative procedures for EP A grants appear in Title 40 of the Code
of Federal Regulations. Grant program administrative regulations appear in Subchapter B; other
regulations of general applicability appear in Subchapter A. Other EP A regulations also impact grant
programs. The following list contains regulations and Office of Management and Budget Circulars which
may apply to the work performed under this Agreement.
Subchapter A - General
40 C.F.R. 4 Uniform relocation assistance and real property acquisition for federal and federally
assisted programs
40 C.F.R. 12 Nondiscrimination on the basis of handicap in programs or activities conducted by
EPA
40 C.F.R. 29 Intergovernmental review of EP A programs and activities
40 C.F.R. 30 Uniform administrative requirements for grants and agreements with institutions of
higher education, hospitals and other nonprofit onranizations
Subchapter B - Grants and Other Federal Assistance
40 C.F.R. 31 Uniform administrative requirements for grants and cooperative agreements to state
and local governments
40 C.F.R. 32 Governmentwide debarment and suspension (nonprocurement) and
governmentwide requirements for drug-free work place (grants); Clean Air Act and
Clean Water Act ineligibility of facilities in performance of federal contracts,
grants and loans
40 C.F.R. 34 New restrictions on lobbying
40 C.F.R. 35 State and local assistance
..
Other Federal Re2ulations
48 C.F.R. 31 Contract Cost Principles and Procedures, or uniform cost accounting standards that
comply with cost principles acceptable to the federal agency
Office of Manag:ement and Budl!et Circulars
A-21 Cost Principles for Educational Institutions
A-87 Cost Principles for State, Local, and Indian Tribal Governments
A-122 Cost Principles for Non-Profit Organizations
A-133 Audit Requirements
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DEP Agreement No. G0087, Attachment K, Page 1 of 1
/Za,'. EJ~ Gt LJ.'
J /v
'?
Attachment A
Grant Work Plan
COOPERATING ORGANIZATIONS:
City of Clearwater
Southwest Florida Water Management District (SWFWMD or District)
Pinellas-Anclote River Basin Board of the Southwest Florida Water Management District
Tampa Bay Estuary Program
PROJECT LOCATION: The Kapok Wetland and Floodplain Restoration Project
(Project) is located within the Alligator Creek Watershed in Clearwater, Florida. The
Alligator Creek Watershed is the second largest and most urbanized watershed within
the City of Clearwater. The watershed drains 5,691 acres in central Pinellas County, of
which 3,374 acres are within the Clearwater City limits. The watershed also drains
portions of Safety Harbor and unincorporated Pinellas County. Alligator Creek
discharges to Alligator Lake and ultimately, Upper Tampa Bay. Tampa Bay (HUC
03100206) is an Estuary of National Significance included in the National Estuary
Program, and identified as a water body in need of attention. Specifically, the Project
site is located at latitude/longitude 270 58' 23.54" and 820 42' 54.03".
POLLUTANT REDUCTION STRATEGY: The Kapok Wetland and Floodplain
Restoration Project will reduce the amount of stormwater pollutants discharged to
Tampa Bay by creating storage volume through the restoration of the natural floodplain
function to the 37-acre site. Tampa Bay has been designated as the number one
priority water body in the Southwest Florida Region by the District's Surface Water
Improvement and Management (SWIM) Program. The mission of the SWIM Program is
to protect, enhance, and restore water quality and related natural systems. The
District's SWIM Program has been implementing restoration and stormwater retrofit
projects in the Tampa Bay watershed since 1990. SWIM has numerous completed, on-
going, and/or planned stormwater retrofit and habitat restoration projects within the
Tampa Bay watershed; this is one of those projects. To qualify for the implementation
of a SWIM project, the watershed must be consistent with those previously identified by
the SWIM Program in its Urban Stormwater Analysis and Improvements Report (1990),
as well as those identified by the Tampa Bay Estuary Program (TBEP) in its
Comprehensive Conservation and Management Plan for Tampa Bay (1997). This
project fulfills those guidelines and is consistent with the Tampa Bay SWIM Plan (1999).
ESTIMATED POLLUTANT LOAD REDUCTION: During preliminary design, Parsons
Engineering Science, Inc. (Parsons) estimated the mean annual load reductions
resulting from the project. Nonpoint source loading calculations were prepared to
estimate pollutant loads from the Alligator Creek Watershed. The EPA Simple Method,
which is an event mean concentration (EMC) approach, was used. In this approach,
mass loads are calculated as the product of the EMC and the stormwater runoff volume.
The stormwater runoff volume is estimated as the fraction of rainfall appearing as runoff
multiplied by the basin area. The EMC is constant; thus, this method is also referred to
as the "constant concentration" method.
DEP Agreement No. G0087, Attachment A, Page 1 of 6
'Y
Based on SWFWMD design criteria, permitted stormwater wet detention treatment
areas are required to provide treatment for one inch of runoff. However, the estimated
runoff treatment depth for the contributing portion of the Alligator Creek Watershed to
the project area was calculated to be only 0.075 inches, assuming a maximum BMP
depth of 1.5 feet. Thus the BMP efficiencies shown in Table 1 were factored by the
ratio of the estimated treatment depth of 0.075. (This depth was calculated by dividing
the wetland treatment volume by the contributing watershed area.)
Table 1
BMP Maximum Efficiencies
Pb
75%
Zn
60%
BODS
50%
TSS
75%
TP
60%
TN
30%
The basin delineation developed for the flood control modeling in support of the 1997
Management Plan was used along with soils and land use information to develop basin
properties that were applied to the runoff coefficients and EMCs to estimate loads.
Load totals in pounds per year are provided in Table 2. These loading estimates are
intended to represent an average year. The annual rainfall used for these calculations
was 55.6 inches - this is based on the average annual rainfall depth reported by the
Soil Conservation Service in the Pinellas County Soil Survey. According to the
"constant concentration" method which was used, load estimates for other years (or
time periods) could be made by multiplying the loads presented here by the ratio of
rainfall, for the period of interest, to 55.6.
20.64 0.09 335.38 603.51 20.96
639.95 21.92 53,623.51 140,122.47 1,461.13
1923.67 10.89 160,272.20 119,986.39 3,048.66
245.72 38.05 181.09 26,887.51 53,538.83 419.91 1,771.51
316.86 8.82 64.70 10,042.63 52,800.98 632.26 1,426.26
232.82 3.52 71.18 10,800.63 44,942.56 377.89 1,019.42
310.16 0.60 5.43 6,955.76 4,679.44 150.95 688.33
78.56 0.21 2.28 3,048.72 2,282.40 57.99 306.53
104.29 0.15 1.51 1,607.94 901.17 15.07 122.06
103.42 0.18 1.27 309.49 1,082.31 18.10 146.60
365.50 0.62 1.24 4,762.21 1,686.62 111.61 638.68
191.55 1.69 3.38 4,614.33 1,385.99 169.02 1,369.09
4533.14 86.74 613.20 283,260.30424,012.64 6,483.56 28,634.91
DEP Agreement No. G0087, Attachment A, Page 2 of 6
'.
A summary of the results of this analysis is presented in Table 3 with the estimated
pollution load reductions highlighted. Although the percentage of load reduction for
each parameter is low, the overall reduction is significant given the total mass of
pollutants from this greater than 4,500 acre watershed.
PROJECT OBJECTIVES: The objectives of the Project are to restore the floodplain
function to a 37 acre urbanized tract of land, provide water quality treatment, provide
wildlife habitat and to educate the public regarding the benefits of the Project through
interpretive signage in a park setting. To accomplish this, the City has purchased the
37-acre site for a price of $7,323,500 for the sole purpose of implementing the Project.
The City has retained the services of an engineering consulting firm to design and
obtain permits for the Project. The construction of the Project will be advertised through
a competitive bid process. The design will maximize water quality benefits while also
accomplishing the flood control objectives of the Project. The constructed facilities will
also include boardwalks and an observation deck to provide a location for local schools
and environmental organizations to conduct educational lectures. Educational signage
will also be provided depicting the processes used by the Project to treat stormwater
runoff. Water quality monitoring will be conducted to assess the Project's effectiveness
in achieving the water quality improvement goals.
PROJECT DESCRIPTION: The City of Clearwater, the Southwest Florida Water
Management District (SWFWMD or District), Pinellas County and Safety Harbor
cooperatively funded the "Comprehensive Watershed Management Plan for the
Alligator Creek Watershed" (Management Plan) (Parsons Engineering Science, Inc.
June 1997). The Management Plan identifies causes and sources of flooding, water
quality degradation, and habitat loss within the 5,691-acre watershed, and ranks
implementation projects aimed at improving these conditions. Flow from the watershed
travels a distance of approximately five miles before discharging to Alligator Lake, and
ultimately to Old Tampa Bay at a point east of Bayshore Boulevard and approximately
8,000 feet north of Courtney Campbell Causeway. A control structure on the eastern
end of Alligator Lake functions as a salinity barrier, separating the water of Tampa Bay
from that of the lake. A major portion of the creek has been channelized or otherwise
altered, and little of the historic floodplain remains intact. The creek traverses through
the Project property, which is located approximately 4,000 feet upstream of Alligator
Lake.
DEP Agreement No. G0087, Attachment A, Page 3 of 6
The Friendly Village of Kapok mobile home park was identified and prioritized in the
Management Plan as the area with the most widely recognized and publicized flooding
problem within the Alligator Creek watershed due to the severity of flooding, its
frequency, and the number of affected residences. According to historic aerial
photography, the Project 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. Although the flood control benefits of
the Project have made it a priority for the City, the Project will also achieve water quality
treatment through the creation of over 19 acres of herbaceous and forested wetlands
and will add a biological process that is presently absent in the watershed. The Project
consists of the removal of an upstream control weir, construction of a new weir structure
at the downstream reach of Alligator Creek on the Kapok property, and restoration of
the property to its pre-development condition. The Project will restore the 37-acre site
to sustain its floodplain function, provide attenuation and create approximately 20 acres
of wetland habitat.
Educating the general public with regard to the significance of non point source pollution
on Florida waters is also a goal of the Project. As part of the Project, educational
signage depicting the processes used by the Project to treat stormwater runoff will be
incorporated into the Project's design.
Monitoring will be conducted for a period of one year to assess the effectiveness of the
Project at achieving the estimated pollutant load reductions.
PROJECT WATERSHED CHARACTERISTICS: Watershed Size: 4,533 acres
PROJECT TASKS:
Task 1. Enqineerinq Desiqn and Permittinq
The City will be the lead agency and manage the Project. The City has engaged the
services of Parsons Engineering Science, Inc. to perform all engineering design and
permitting services for the project. Engineering design commenced on May 7,2002.
Task 2. Construction
Following the receipt of all necessary permits for the Project, the City will advertise and
award the construction contract for the Project. The City will be responsible for
construction management.
Deliverable/Output:
2-1 Quarterly progress reports during construction.
DEP Agreement No. G0087, Attachment A, Page 4 of 6
2-2 The construction of a floodplain restoration project that will provide stormwater
treatment within a 4,533 acre, highly urbanized basin.
2-3 One paper and one electronic copy (Acrobat.pdf format) of the draft final report on
the Project.
2-4 A final report including photographic and slide documentation of the Project in the
pre- and post-construction configurations. This final report will also include a detailed
summary of the final cost of the Project for both 319 h and match dollars. One
electronic (Adobe Acrobat.pdf format) and five paper copies of the final report will be
delivered to the DEP including one copy of any slides, photographs (digital or analog),
and video footage taken throughout the Project.
Task 3. Educational Siqnaqe
Educational signage suitable for informing the general public about the purpose and
benefits of the Project will be designed and erected in a conspicuous location at the
Project site.
Deliverable/Output:
3-1 Educational signage suitable for informing the general public about the purpose and
benefits of the Project.
Task 4. Water Qualitv Monitorinq
The City's consultant will conduct a detailed performance evaluation of the Project's
effectiveness in reducing nonpoint source loadings. Water quality monitoring will be
initiated following establishment of the planted wetland vegetation. It is anticipated that
this will occur one year after the completion of construction. Therefore, monitoring will
begin one year following the completion of construction and will extend for a one year
period. Baseflow sampling will be conducted monthly and seven rainfall sampling
events will be conducted during the year long sampling program. Prior to the initiation
of monitoring, a Quality Assurance Project Plan (QAPP) will be submitted to FDEP for
approval. Following the completion of the monitoring program, a draft monitoring report
will be submitted to FDEP for review and comment. The report will be finalized based
on comments received. Five copies of the final report will be submitted along with one
electronic copy.
Deliverable/Output:
4-1 Quality Assurance Project Plan (QAPP)
4-2 Water Quality Monitoring Report
DEP Agreement No. G0087, Attachment A, Page 5 of 6
PROJECT MILESTONES:
Task I Activit Start
1-1 Final Desi n / Construction Documents N/A
2-2 Construction Month 4
2-3 Submit Final Re ort Month 20
3-1 Educational Si na e Month 20
4-2 Submit QAPP for DEP a Month 20
4-1 Monitorin includin final re ort Month 32
Note: All months begin with execution of the Agreement.
Com lete
N/A
Month 20
Month 23
Month 23
Month 23
Month 50
PROJECT BUDGET: $6,318,453 (total estimated project cost)
GRANT FUNDING: $500,000
ESTIMATED PROJECT BUDGET:
Project Non-Federal 319(h)
ACTIVITY Cost Match Funds
Enoineerino Desion and Permittino* $416.906 $416.906 -
Construction Services* $599,547 $599,547 -
BMP Implementation (Construction) $4,500,000 $4,050,000 $450,000
BMP Effectiveness Monitoring $50,000 - $50,000
ITOTAL PROJECT COST $5,566,453 $5,066,453 $500,000
Percentage of Total Project Cost 91% 9%
Notes: *319(h) funds are not being requested for the Engineering Design/Construction
Service Phase.
CONTRIBUTORS TO THE PROJECT:
Contributor Amount
City of Clearwater $1,545,011
SWFWMD-SWIM Trust Fund $2,112,865
SWFWMD - Pinellas-Anclote River Basin $1,408,577
Total Non-Federal $5,066,453
DEP Agreement No. G0087, Attachment A, Page 6 of 6
City Council
Cover Memorandum
ENG, .;
l/~ J.l
Tracking Number: 771
Actual Date: 09/02/2004
Subject / Recommendation:
Approve the Local Agency Program (LAP) project agreement between the State of Florida
Department of Transportation (FDOT) and the City of Clearwater for the design and construction
of the Druid Section of the Clearwater East-West Trail (04-0021-PR); and approve a work order in
the amount of $846,151.60 to Wade-Trim, Inc., an Engineer of Record, for engineering design
and construction administration services for both this project and a related project, the Beach
Connector Trail (04-0042-EN)and authorize the appropriate officials to execute same.
Summary:
The City of Clearwater is LAP certified, which means that the FDOT has determined that City staff
is qualified to design and administer construction of FDOT funded projects.
The intention of the Local Agency Program (LAP) project agreement is to provide for FDOT funding
and oversight of the Druid Section of the Clearwater East-West Trail project. Up to $3,980,000 of
FDOT funds are available for this project.
The Druid Section of the Clearwater East-West Trail project consists of providing an approximately
4-mile multiple use trail facility in the Druid Road corridor to connect the Pinellas Trail to the
proposed Progress Energy Trail.
The City shall perform the project with the Department's selected consultant, Wade-Trim
Associates, Inc. The City will coordinate with the Department's Contractual Service Unit (CSU)
during the consultant contract period. The Department's CSU will provide necessary guidance
with the City until contract completion date.
The State of Florida Department of Transportation (FDOT) will work closely with the City. The
Consultant will provide to the Department final design documents and construction plans for
review by the Department's Design Engineer in accordance with the provisions in the LAP Manual.
A copy of the LAP agreement is available for review in the Official Records and Legislative Services
office.
The work order is for engineering design and construction administration services of both the
Druid Section of the Clearwater East-West Trail and a related project, the Beach Connector Trail.
Both projects are combined in the same work order because they are closely related.
City Council
Cover Memorandum
The Beach Connector Trail project consists of a new trail facility to replace the existing
bicycle/pedestrian facility on Memorial Highway, to include connections to the new Memorial
Bridge at the east end of the causeway and the new pedestrian bridge over Mandalay Channel at
the west end. This project also includes a trail segment to connect the Pinellas Trail to the new
Memorial Bridge.
Work on the Druid Section of the Clearwater East-West Trail project portion of the work order will
commence upon award and execution of the work order; the design work will be completed in 469
days; and the construction services administration work will be completed at the end of
construction in approximately 240 days.
Construction of the Beach Connector Trail project is in the FDOT Work Program and is elegible,
feasible and slated to be funded in FY '05-06. Design work will not commence on this project
until such time as the City Engineer specifically authorizes the consultant to commence work,
contingent upon a LAP Agreement to fund the project.
There is sufficient budget and revenue in the Capital Improvement Project, 315-92146, Druid Rd
Widening to fund this contract for the design and construction administration of Druid Trail.
Third quarter amendment will establish a new Capital Improvement Program project, 315-92342,
Beach Connector Trail, with a budget of $193,950.30 and transfer of Infrastructure Tax (Penny for
Pinellas) revenue from 315-92146, Druid Rd Widening to provide sufficient funding for the
contract.
A copy of the Work Order is available for review in the Official Records and Legislative Services
office.
Oriainating: Engineering
Section: Consent Agenda
Cateaorv: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
Type: Capital Expenditure
Bid Reauired? No
Bid Exceptions:
Other
Other Contract?
Engineer of Record
In Current Year Budget?
Yes
City Council
Cover Memorandum
Budget Adjustment:
Yes
Budaet Adjustment Comments:
See Summary section.
Total Cost:
$846,151.60
315-92342-561200-541-000
Amount
$652,201.30
$193,950.30
Comments
Appropriation Code(s)
315-92146-561200-541-000
Review Approval
Glen Bahnick
Garry Brumback
08-09-2004 13: 19: 14
08-11-2004 14:17:24
08-16-2004 14:30:41
08-10- 2004 14:35:54
08-17-2004 09:47:30
08-10- 2004 14:38:45
08-16-2004 11:32:40
Brvan Ruff
Bill Horne
Glen Bahnick
Cvndie Goudeau
Tina Wilson
()", ;:::"'6 2_
I\.t:/'~ I '\I ~ :7
I /"/2
FORM 525-010-40
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State of Florida Department of Transportation
LOCAL AGENCY PROGRAM AGREEMENT
FPN: 415277 1 3801 Fund: CM FLAIR Approp:
Federal No: Org. Code: 55073060743 FLAIR Obj.:
FPN: 41527715801 Fund: CM FLAIR Approp:
Federal No: Org. Code: 55074010706 FLAIR Obj.:
County No. 15 (Pinellas) Contract No: Vendor No.: F59-6000239001
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this second day of September ,2004 by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and the CITY
OF CLEARWATER, hereinafter called the Agency.
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and
the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the
implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes
to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in THE DESIGN
AND CONSTRUCTION OF THE DRUID TRAIL and as further described in Exhibit "A" attached hereto and by this reference
made a part hereof, hereinafter called the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
1.01 Modifications and Additions: Exhibit(s) A and B are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT 'W' with all
practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Aaencv Proaram Manual, which by this reference is made a
part hereof as if fully set forth herein.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with
the terms, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before DECEMBER 31,2009. If the Agency
does not complete the project within this time period, this Agreement will expire on the last day of scheduled completion as
provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the
DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the
project. The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other
proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake
the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and
consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including
Federal- aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
2.05 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data,
reports, records, contracts and other documents relating to the project as the Department and the Federal Highway
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Administration may require.
3.00 Project Cost:
3.01 Total Cost: The estimated total cost of the project is $3,980,000 (Three million nine hundred and eighty dollars). This
amount is based upon the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The
Department agrees to bear all expenses in keeping with the Project Scope that are in excess of the estimated total cost of the
project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid
participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this
Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval
from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding
levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds
approval being received. The Department will notify the Agency, in writing, when funds are available.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than
one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and
which have a term for a period of more than 1 year."
3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from
the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity
with applicable Federal and State law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by
the Division Administrator of the Federal Highway Administration (FHW A). Federal funds shall not be paid on account of any
cost incurred prior to authorization by the FHW A to the Department to proceed with the project or part thereof involving such
cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, Federal participation
may be approved in the amount determined to be adequately supported, the Department shall notify the Agency in writing citing
the reasons why items and amounts are not eligible for Federal participation. Where correctable non-compliance with
provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-
compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total.
For any amounts determined to be ineligible for Federal reimbursement for which the Department has advanced payment, the
Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
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4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding,
shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry
out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest
approved schedule of funding for the project. The schedule of funding may be revised by mutual written' agreement between
the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to
the Department's Federal-Aid Program Office. No increase or decrease shall be effective unless it complies with fund
participation requirements established in Exhibit "B" of this Agreement and is approved by the Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement
shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for
five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon
request. Records of costs incurred includes the Agency's general accounting records and the project records, together with
supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records
of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim,
or audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit
findings involving the records have been resolved.
5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in
excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the
Department shall not be considered eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the
Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in
proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria:
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number
and year, and name of the awarding Federal agency. State awards will be identified using the Catalog of State Financial
Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency.
In the event that a recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or
program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular
A-133.
If a recipient expends less than $300,000 in Federal awards during its fiscal year, an audit conducted in accordance with the
OMB Circular A-133 is not required. If a recipient expends less than $300,000 in Federal awards during its fiscal year and
elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-Federal
funds.
Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A-133 shall
be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned items are to be
received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year.
The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit
findings, including corrective action and current status of the audit finding is required. Current year audit findings require
corrective action and status of finding.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute
is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Office of the
Auditor General.
The recipient shall submit required audit documentation as follows:
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall be
sent to:
FORM 525-010-40
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Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials,
payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119. Florida Statutes, and made or received in conjunction with this Agreement.
(Section 287.058(1 }(c), Florida Statutes)
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of way,
the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities
on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report
must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than
October 15 each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287.058(1)(a), Florida
Statutes)
All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel expenses,
when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and Chapter3-Travel of
the Department's Disbursement Operations Manual, Topic 350-030-400.
(Section 287 .058( 1 )(b), Florida Statutes)
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any
agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60
days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the
Department.
7.00 The Department's Obligations: Subject to other provIsions hereof, the Department will honor requests for
reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of
the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement,
requires the approval of the Department or has made related expenditure or incurred related obligations without having been
advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for Federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by
FORM 525-010-40
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the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the
Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to
goods or services received under a contract or other arrangements which have not been approved in writing by the
Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120 day time period will not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been
corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department
requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of
(a) immediately terminating the Agreement or (b) suspending the Agreement and notifying the Agency of the deficiency with a
requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of
such time. Suspension of the contract will not affect the time period for completion of the agreement.
If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the Agency, the
Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the
stage of work at which the Agreement is terminated.
If the Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed.
Payment is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any
or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and
such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to
be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the cost of which are
otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule,
plan, and costas approved by the Department or upon the basis of terms and conditions imposed by the Department upon the
failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of Federal financial
participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of
this Agreement.
9.00 Contracts of the Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any
contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction
contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department.
Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically
reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that
participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering,
architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida
Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department
in the Consultant Selection Process for all projects. In all cases, the Agency's Attorney shall certify to the Department that
selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. Part 26,
as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with
Department funds under this Agreement. The DBE requirements of applicable Federal and State regulations apply to this
Agreement.
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10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined
in applicable Federal and State regulations, have the opportunity to participate in the performance of contracts and this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable Federal and State regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to
compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the
award and performance of Department assisted contracts.
10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHW A Funding is a part
of this project, the Agency must comply with applicable Federal and State regulations.
11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all
Federal-aid contracts - 49 CFR 29)
By signing and submitting this Agreement, the Agency is providing the certification set out below:
The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this
covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. The
certification or explanation will be considered in connection with the Department's determination whether to enter into this
transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify such the Agency from
participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance was placed when the Department
determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification,
in addition to other remedies available, the Department may terminate this transaction for cause of default.
The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction,"
"debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a copy of
those regulations.
The Agency further agrees by submitting this Agreement that it shall not knowingly enter into any contracts with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the Department.
The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the Department, without
modification, in all contracts and in all solicitations for contracts.
The Agency may rely upon a certification of a prospective sub-contractor that the person is not debarred, suspended, ineligible,
or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may
decide the method and frequency by which it determines the eligibility of its sub-contractors. The Agency may, but is not
required to, check the non procurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement
Programs" (Nonprocurement List) which is compiled by the General Services Administration.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which
is normally processed by a prudent person in the ordinary course of business dealings.
Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department
may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion:
The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
FORM 525-010-40
CONSTRUCTION
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Page 7 of 11
Where the Agency is unable to certify to any of the statements in this certification, an explanation shall be attached to this
proposal.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate
against any employee or applicant for employment because of race, age, religion. color, sex, national origin, disability or marital
status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action
shall include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including
apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in
all its contracts in connection with the development of operation of the project, except contracts for the standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees
and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the
nondiscrimination clause.
12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act
of 1964, 49 C.F.R., Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the
ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: 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, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134 F.S., an entity or affiliate who has been placed on the
Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to
provide 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.
12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract,
subcontract, or arrangement in connection with the project or any property included or planned to be included in the project in
which any member, officer or employee of the Agency or the locality during his tenure or for two years thereafter has any
interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired
prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency
with prior approval of the Department may waive the prohibition contained in this subsection, provided, that any such present
member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract,
subcontract, or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be
included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for two years thereafter shall have any
interest, direct or indirect, in this contract or the proceeds thereof."
FORM 525-0 I 0-40
CONSTRUCTION
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Page 8 of 11
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to
any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
12.07 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States
shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable environmental
regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any
loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party
other than the Agency.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then
exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall
exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the
remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the
terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also, agrees
not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
thereof, perform any other act or do any other thing in contravention of any applicable State law, provided, that if any of the
provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order
that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless
the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of
any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the
Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim,
loss damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its
officers, agents or employees during the performance of the Agreement.
The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes, or any similar
provision of law.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of
services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the
Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options
in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the
Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this section.
The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the
participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the
evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial.
that party is responsible for all expenses at trial.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State
Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the
project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved
portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After
resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency
written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of
FORM 525-010-40
CONSTRUCTION
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Page 9 of II
nonpayment by the Department.
13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation
of bids for construction of the project, including those projects for which no right of way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and
that the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in
the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders.
13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of
which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same
instrument.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no Federally appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any Federal agency, a Member of
Congress an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
If any funds other than Federally appropriated funds have been paid by the Agency to any person for influencing or attempting
to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a State agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State System, constructed under this Agreement.
If the Agency constructs any improvement on Department right-of-way, the Agency will maintain the improvements made for
their useful life.
13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department
should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and approve
the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20
days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from
the latter of the date the invoice is received or the goods or services are received, inspected, and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection, and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in
addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a delay
in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's Hotline, 1-
800-848-3792.
FORM 525-010-40
CONSTRUCTION
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Page 100fll
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
CITY OF CLEARWATER
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Brian J. Aungst
Mayor -Comm issioner
By:
Donald J. Skelton, P.E.
Director of Transportation Development
Attest:
Title:
Attest:
Title:
As to form:
As to form:
Attorney
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
FORM 525-010-40
CONSTRUCTION
OGC - 02/01
FPN. 415277 1 3801
415277 1 5801
EXHIBIT A
Project Description and Responsibilities
This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of
Transportation and the City of Clearwater, dated September 2, 2004.
PROJECT LOCATION: Pinellas County, Florida
The project is not on the National Highway System.
The project is not on the State Highway System.
PROJECT DESCRIPTION:
This project entails the Design and Construction of the Druid Trail from the Pinellas Trail (near Myrtle Street) to the Progress
Energy Trail (near Edenville Street).
SPECIAL CONSIDERATION BY AGENCY:
The Agency will be issued Notice to Proceed for the design (PE) phase of the project after final execution of the agreement. The
Agency will not begin the construction phase until the Department has reviewed and approved plans and issued a Notice to
Proceed. Construction related activities conducted prior to Notice to Proceed will not be reimbursed.
The Agency will provide to the Department upon final execution of this agreement and quarterly thereafter, a schedule of
expected completion dates for design and construction.
SPECIAL CONSIDERATION BY DEPARTMENT:
The Department will issue Notice to Proceed to the Agency for the design (PE) phase of this project upon execution of this
agreement. Once the Department has reviewed and approved final design plans, a Notice to Proceed for the construction
phase will be issued.
FORM 525-010-40
CONSTRUCTION
OGC - 02/01
AGENCY NAME & BilLING ADDRESS FPN.
STATE OF FLORIDA DEPARTMENT OF 415277 1 3801
City of Clearwater TRANSPORTATION 415277 1 5801
LOCAL AGENCY PROGRAM
P.O. Box 4748 AGREEMENT
Clearwater, Fl 33758-4748 EXHIBIT "8"
SCHEDULE OF FUNDING
PROJECT DESCRIPTION
Name: Druid Section of the Clearwater East-West Trail Length approximately 4 miles
Termini: From Pinellas Trail (near Myrtle St.) , To Progress Energy Trail (near Edenyille Street)
FUNDING
(1) (2) (3)
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNDS FUNDS FEDERAL FUNDS
P.E. 2002-2003
2003-2004 500.000 500.000
2004-2005
Total PE Cost 500.000 500,000
Right-of-Way 2002-2003
2003-2004
2004-2005
Total Right of Way Cost
Construction 2002-2003
2003-2004
2004-2005
2005-2006 3 480 000 3 480 000
Total Contract Costs 3,480,000 3,480,000
Construction Engineering and Inspection
2002-2003
2003-2004
2004-2005
Total Construction Engineering
Total Construction Cost 3,480,000 3,480,000
ESTIMATED TOTAL COST OF THE $3,980,000 $3,980,000
PROJECT
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after July 1st each
fiscal year. The Department will notify the Agency, in writing, when funds are available.
F0: EN t;3>
/1~!:2
August 6, 2004
Mr. Michael D. Quillen, PE
City Engineer
City of Clearwater
100 South Myrtle Avenue
Clearwater, FL 33756
Re: Druid Trail & Beach Connector Trail Design and Construction Administration Services
Work Order Initiation Form
Dear Mr. Quillen:
Enclosed for your review are two (2) executed Work Order Initiation Forms for the design of the
Druid Trail and Beach Connector Trail located in the City of Clearwater and a map of the
conceptual trail alignments. The Work Order Initiation Form has been prepared based on
conceptual designs (high and low end) developed by a team consisting of City of Clearwater
staff, Pinellas MPO staff and Wade-Trim engineers during the fall and winter of 1999 and 2000
for the purpose of requesting CMAQ funding for the design and construction of a multiple use
trail facility within the existing right-of-way of Druid Road. During the conceptual trail design, our
Project Manager, Mr. Gregory Trim, PE, participated in the general trail layout and project cost
estimating.
Thank you for the opportunity to assist the City on this assignment. Should you have any
questions concerning the enclosed materials, please do not hesitate to contact the undersigned
or Mr. Greg Trim at 813.882.8366.
Sincerely,
WADE-TRIM, INC.
David B. Gildersleeve
Executive Vice President
GST:fs:djn
AAA1000.03
Enclosures
cc: Ken Sides, City of Clearwater
Greg Trim, Wade-Trim
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CITY OF CLEARWATER
PUBLIC WORKS ADMINISTRATION
WADE-TRIM WORK ORDER INITIATION FORM
Date: August 6, 2004
Project Number: CLW2036.02M
City Project Number:
1. PROJECT TITLE
Druid Trail and Beach Connector Trail Design and Construction Administration Services.
2. SCOPE OF WORK
Please refer to Attachment "A" Scope of Work.
3. PROJECT GOALS
The Druid Trail and Beach Connector Trail project is designed to provide a critical non-
motorized alternative to users traveling east-west within the City of Clearwater. In addition, the
trails provide an important trail connection within the Pinellas County existing trail network as
the only mid-county east-west link between the popular Pinellas Trail and the planned Progress
Energy Trail by connecting these two most important north-south trails, the Druid Trail will
substantially increase their usefulness. In addition, the Druid Trail will connect with the planned
Beach Connector Trail, thereby providing residents on the west side of mid-county with trail
access to Clearwater Beach.
4. BUDGET
Method B - Lump Sum basis fee of $846,151.60 has been established for the preparation of
construction plans, permits, and construction administration services.
5. SCHEDULE
Please refer to Attachment "B", Schedule.
6. WADE-TRIM STAFF ASSIGNMENTS
David B. Gildersleeve, Executive Vice President, Principal-in-Charge
Gregory S. Trim, PE, Project Manager
7. CORRESPONDENCE/REPORTING PROCEDURES
Correspondence, phased plan submittals, progress reports and invoices shall be submitted to
Mr. Ken Sides, PE, PTOE, Public Works Department, with copies to Mr. Michael D. Quillen, PE,
City Engineer of the Engineering Department. Invoices shall be submitted to Ms. Marty Pages.
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1
8. INVOICING/FUNDING PROCEDURES
The budget for this assignment is a lump sum fee of $846,151.60. Invoicing Method B, Lump
Sum shall be used. Invoices will be transmitted to City of Clearwater, Attn: Marty Pages, 100 S.
Myrtle Ave., #220, Clearwater, FL, 33756-5520, or PO Box 4748, Clearwater, FL, 33758-4748.
City Invoicing Code: 315-92146.561200-541-000 $652,201.30
315-92342-561200-541-000 $193,950.30
ENGINEERING CERTIFICATION
Wade-Trim hereby certifies as a licensed Professional Engineer, registered in accordance with
Florida Statute 471, that the above project's site and/or construction plans meet or exceed all
applicable design criteria specified by City municipal ordinance, State, and Federal established
standards. Wade-Trim understands that it is our responsibility as the project's Professional
Engineer to perform quality assurance review and these submitted plans are to the best of our
knowledge free from errors and/or omissions. Further, we accept that the City's Final Inspection
for a Certificate of Occupancy does not relieve us of our own quality assurance review.
This certification shall apply equally to any further revision and/or submittal of plans,
computations, or other project documents, which we may subsequently tender.
PREPARED BY:
CITY:
Michael D. Quillen, PE
City Engineer
Date
ENGINEER:
Gregory S. Trim, PE
Associate
Date
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2
ATTACHMENT "A"
SCOPE OF WORK
DRUID TRAIL & BEACH CONNECTOR TRAIL DESIGN AND
CONSTRUCTION ADMINISTRATION SERVICES
Prepared for:
City of Clearwater
100 South Myrtle Avenue
Clearwater, FL 33756
Prepared by:
Wade-Trim, Inc.
4919 Memorial Highway
Suite 200
Tampa, FL 33634
August6,2004
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3
Scope of Work
1.0 General Proiect Description (Druid Trail East Section)
A. In accordance with the Druid Trail conceptual plan developed by the City
and Wade-Trim in the fall and winter of 1999 and 2000, and with recent
trail location modifications made by the City and Wade-Trim in 2003,
Wade-Trim will prepare construction plans, specifications, and cost
estimates, obtain construction permits, and perform bidding and
construction services for the construction of the Druid Trail located within
the Druid Road corridor.
B. The Druid Trail construction plan set (to be submitted at 30%, 60%, 90%,
and 100% intervals) will be prepared at a scale of 1" = 20' and will include
at a minimum the following general plan sheets:
1. Cover Sheet
2. Survey Control Sheet
3. General Construction and MOT Notes & Legend Sheet
4. Typical Sections - Trail Path (2 Sheets)
5. Typical Sections - Mid Block Crossings
6. Construction Plan Sheets, Double Pass (17 Sheets)
7. Turner Street Block Plan & Profile (3 Sheets)
8. Intersection Grade Crossings (17 Sheets)
9. Drain Crossing Modification Details, between Evelyn Avenue and
Edenville Avenue (1 Sheet)
10. Signing and Marking Plan Sheets, Double Pass (18 Sheets)
11. Landscape Plan Sheets, Double Pass (18 Sheets)
12. Irrigation Plan Sheets, Double Pass (18 Sheets)
13. Storm Drainage Details
14. Pavement Details
15. Landscape Details (2 Sheets)
16. Erosion Control Details
17. Aerials (18 Sheets), with CAD overlay of trail alignment
Included with each construction plan set submittal will be associated
construction cost estimates. The estimates will be broken out into
participating and non-participating funded pay items.
C. During the design process 30% and 60% construction plans will be routed
to the following agencies, utility companies, and City of Clearwater
Departments for review and existing utility locations:
1. Southwest Florida Water Management District (SWFWMD)
2. Pinellas County
3. Verizon Media Ventures
4. Verizon Telephone Operations
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4
5. Progress Energy Corporation
6. Knology Broadband of Florida
7. Clearwater Public Services
8. Clearwater Environmental & Stormwater Management
9. Clearwater Parks & Recreation - Landscaping Maintenance
10. Clearwater Parks & Recreation - Pedestrian/Bicycle Coordinator
11. Clearwater Planning & Development
12. Clearwater Gas
13. Clearwater Public Utilities Water & Wastewater
14. Clearwater Fire Department
15. Pinellas County Metropolitan Planning Organization
16. Florida Department of Transportation
Wade-Trim will prepare a document that will track the review process from
submittal to responses and approvals that are applicable to the project.
Any utilities affected by the project shall be incorporated into the plans and
adjusted by the contractor.
1.1 Trail Alianment
The Druid Trail conceptual design phase will consist of evaluating alternative
alignments by establishing, with City staff, a points rating system that will be
utilized to rank and access alternative alignment locations on a block by block
basis. The point rating system will consider potential conflicts with existing
utilities, driveways and trees, possible trail crossing locations, roadway alignment
modifications at intersections, destination points along the trail alignment and
other conditions or features that might impact the trail location and users safety.
During the scope preparation, several field meetings were conducted with the
Consultant and City staff that began the alignment evaluation process. One
particular alignment evaluated during this process for the Druid Trail began at the
intersection of the Pinellas Trial and Turner Street, continued east along Turner
Street (north or south side of Turner Street to be determined later) to Martin
Luther King, Jr. Avenue and turning south along the east side of Martin Luther
King, Jr. Avenue. The trail then turned east on Druid Road and proceeded along
the north side. The trail then connected to the path proposed within the Glen
Oaks Stormwater Management Project east of Betty Lane. The trail continued
eastwardly along the north side of Druid Road and crossed over to the south side
proximately at the Belcher and Druid Intersection. The trail continued along the
south side of Druid Road and terminated at the future location of the Progress
Energy Trail that is west of Bypass Drive.
The precise trail alignment will be evaluated and determined during the
preliminary and final design stages. The trail covers a distance of approximately
4 miles.
1.2 Construction Plan Sheets
The construction plan sheets for the trail will be presented in a double pass
format that will allow for twelve hundred feet of trail alignment per sheet at
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5
1 "=20' scale. The construction plans will include the trail alignment centerline
and geometric dimensions for construction staking, construction call-outs, utility
adjustments, driveway modifications and construction quantities per sheet.
1.3 Turner Street Plan and Profile Construction Sheets
Construction plan and profile sheets for the trail will be prepared along Turner
Street between Myrtle and MLK Jr. Avenues. The exact location (north or south
side of Turner Street) for the trail has not been determined based on the limited
space between the edge of roadway and existing buildings along the right-of-way
line. Existing street parking could be affected by the trail alignment due to the
limited space and utilities located in the area. The construction plan and profiles
will include the trail horizontal and vertical alignment centerline and geometric
dimensions for construction staking, construction call-outs, utility adjustments
and construction quantities per sheet. Modifications to the roadway section
pertaining to the street parking will also be incorporated into the plan and profile
sheets.
1.4 Missouri, Hercules, and Belcher Intersection Improvements
Intersection improvements at Missouri, Hercules, and Belcher will consist of
geometric modifications that would improve pedestrian and trail user's safety
when crossing at these major locations, as well as motorized traffic flow and
safety. Traffic data movements will be collected at all three intersections and
analyzed when proposing geometric modifications. Construction plan sheets will
be prepared for each intersection detailing geometric and storm drainage
modifications, pavement grades, and utility adjustments. Proposed intersection
signing and marking will be incorporated into the construction plan set.
FOOT permits will be required for any work proposed within the Missouri Avenue
right-of-way.
1.5 Intersection Grade CrossinQs
Intersection grade crossing details will be provided at all roadway and trail
crossings. The details will include proposed trail crossing grades and
modifications to existing drainage structure inlets and any other utilities as
necessary to facilitate the crossing and comply with ADA standards.
1.6 Mid-Block Pedestrian CrossinQs
Two (2) mid-block pedestrian crossings are conceptually proposed at the east
end of the project where there is a dense population of older citizens residing in
mobile home parks who must cross Druid Road to access common recreational
and social facilities. Preliminary locations for the two crossings are
approximately 200' and 700' west of Evelyn Avenue along Druid Road. Typical
sections will be prepared as well as detailed geometrics, grading, and pavement
marking plan sheets. The crossings may consist of landscaped median refuge
island on Druid Road; raised pedestrian crossing (flat top table); bollards and/or
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embedded flashing lights. Cost estimates will be prepared and evaluated for the
treatment/safety devises considered.
1.7 Drainaae Culvert Crossina Modification Details
Modifications to an existing drainage culvert structure located east of Evelyn
Avenue will be designed in order to accommodate a wider path over the drain.
Currently a concrete spillway located above the culvert coveys the roadway
drainage under the sidewalk which then discharges over the top of the culvert
headwall. It is anticipated that the existing sidewalk spanning over the spillway
will be widened to 10- 12 feet within the limits of the spillway headwall. No
design work is proposed in this scope that would extend the culvert to the south
that would impact an existing drainage pipe (24-inch diameter) from the west and
existing utility lines to the south. New pedestrian/trail safety railing devices would
be incorporated into the design. The existing sidewalk at the structure is
approximately 5 feet wide.
1.8 Trail and Intersection Sianina & Markina Plans
Signing and Pavement Marking plans will include the entire trail, side street
(minor) approaches where applicable, and where major intersections including
the intersection improvements conceptually proposed at Missouri, Hercules, and
Belcher. Signing and Pavement Marking design shall be in accordance with the
MUTCD and FDOT Design Standard Indices.
1.9 Landscape Plans
Landscape plans will be prepared in accordance with the City of Clearwater 2003
Draft Policy on Tree Pruning, Planting and Protection in Rights-Of-Way along the
entire length of the trail. Existing tree canopies will be shown on the plans where
proposed construction encroaches upon the tree limits. Protective tree barriers
and root pruning limits will be shown and quantified where construction activities
are expected to impact existing trees.
Sections of the trail are along residential property frontages that may require a
buffer barrier of landscape plantings to be installed on City or private property.
Issues concerning proposed landscape barriers will be addressed during the
design phases and presented to the neighbors for comments.
Shade trees, benches, water fountains, and other trail amenities will be proposed
at key locations along the trail, i.e. rest stops for trail users. Trail amenity
construction details, locations, and cost estimates will be evaluated throughout
the design process.
Two (2) meetings with the City's Landscape Architect prior to submittal of 60%
and 90% landscaping plans will be conducted to review design layout and
landscape plantings.
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1.10 Irriaation Plans
Irrigation plans will be prepared in accordance with the City of Clearwater
requirements. A meeting with the City Parks and Recreation Department at 60%
construction plan phase will be conducted in order to review the landscape plans
and to determine City requirements to irrigate the proposed plantings. Irrigation
plans will be prepared after 60% construction plan phase and submitted for
review at 90% and final construction plan phases.
1.11 Trail Alianment Aerials
Trail alignment aerials with CAD overlay of the trail alignment will be prepared by
Wade-Trim for the City's use at 30%,60% and Final construction plan phases.
The aerials will include the latest trail alignment, proposed roadway intersection
and driveway modifications, and landscaping. The format of the aerials will need
to be determined by the City either by individual sheets with single or double
passes or a continuous roll broken out per mile length.
1.12 Druid Road Turn Lane Extensions
Upon written notification from the City of Clearwater, Wade-Trim will design
intersection improvements at Keene and Belcher Roads that will consist of
lengthening left turn lanes along Druid Road at both intersections and
lengthening right turn lanes along Druid Road at Belcher. The new turn lanes will
be designed in accordance with recommendations made in the Traffic Study
titled "Druid Road, from Fort Harrison Avenue to US 19, Pinellas County, Florida"
prepared by PBS&J dated February 1998.
1.13 Public Notification Mail Out
Wade-Trim will perform one (1) public notification mailing that will involve
approximately 440 mailings. The City will provide all the addresses through their
GIS software on a word document that will be utilized to develop the envelop
labels. The City will also provide the notification letter on City letterhead with the
appropriate City Representative's signature and the envelopes with the City's
seal. Wade-Trim will provide postage and mail out the letters accordingly.
2.0 Desion Survey (Druid Trail East Section)
The topographical survey will be performed by Foresight Surveyors Inc., a
Pinellas County based Surveying Company, which will serve as a subconsultant
to Wade-Trim on this assignment. The survey scope of work includes the
following:
The survey limits are to be the visible right-of-way lines. as determined in the
field, for the below referenced corridor.
The limits of the survey are along Turner Street, from a line 50 feet west of the
Pinellas Trail to MLK Jr. Avenue, then along MLK Jr. Avenue to Druid Road to
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approximately east right-of-way line of Bypass Road, and will extend 200-feet
north and/or south at nine (9) major intersections consisting of 1) Turner St. &
Myrtle Ave., 2) Turner St. & MLK Jr. Ave., 3) MLK Jr. Ave. & Druid Rd., 4) Druid
Rd. & Missouri Ave., 5) Druid Rd. & Highland Ave., 6) Druid Rd. & Lake Ave., 7)
Druid Rd. & Keene Rd., 8) Druid Rd. & Hercules Ave. and 9) Druid Rd. & Belcher
Rd. The topographic limits will extend 25-feet outside the approximate right-of-
way lines of Turner Street, MLK Jr. Avenue, Druid Road and side streets. Also
included, a 25-foot corridor 8000 feet long adjacent to the right-of-way as
determined by the trail alignment.
A. Topographic Survey
1. The topographic survey will include above ground visible features
i.e.:
. Sidewalks, pavement, driveway aprons, medians and curb
. Power poles, guy anchors, overhead utility lines, power boxes,
phone and cable TV pedestals.
. Manholes and their use if marked on manhole lid or readily
apparent
. Trees 4" in diameter and larger, measured at breast height
including tree tag numbers placed by City personnel.
. Trees outside the right-of-way when their canopies encroach
within the existing roadway right-of-way.
. Sanitary manholes will include inverts and pipe sizes (if
accessible).
. Storm structures will include inverts and pipe sizes (if
accessible).
. No digging, or probing will be performed.
2. Cross section will be on 100' intervals and will include grade
breaks.
3. Elevations will be based on North American Vertical Datum of
1929, as recommended by FOOT.
B. Right-of-Way, Horizontal & Vertical Control
1. The consultant will establish a survey baseline tied to existing
right-of-way monumentation and/or section corners along the
route's described above. Reestablishment of right-of-way
monumentation is not considered part of this "scope of services".
2. Bench marks will be established at approximately 1 000' intervals
and identified on the survey with station, offset and elevation.
3.0 Geotechnicallnvestiaations (Druid Trail East Section)
A geotechnical investigation will be performed by Driggers Engineering Services
Inc., a Pinellas County based Geotechnical Engineering and Testing Company,
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which will serve as a sub consultant to Wade-Trim on this assignment. The
geotechnical scope of work includes the following:
A. Shallow hand auger classification borings at nominal 500-foot intervals
will be conducted along the proposed trail alignment. A total of forty-
seven (47) hand auger borings to a nominal depth of 6-feet below grade
is budgeted.
B. Three (3) pavement cores, one at each intersection, will be performed at
Missouri, Hercules, and Belcher intersections with Druid Road.
C. Laboratory testing consisting primarily of grain size analyses, with
Atterberg limits and organic content determinations, and three (3)
Limerock Bearing Ratio (LBR) test of typical soils encountered along the
alignment as an aid in pavement design and evaluation of subgrade
stabilization requirements.
4.0 Aaencv Permits (Both East & West Trail Sections)
The permits anticipated for this project include the following:
. FOOT State Highway Access Connection for work in their right-of-way;
. FOOT Drainage Connection for modifications to intersection drainage;
. Pinellas County for work in their right-of-way;
. Pinellas County Drainage Connection
. SWFWMD permit inquire check list to request exemption;
At this time, based on a phone conversation with Mr. Richard Alt at the
Southwest Water Management District, a permit inquire check list will be
submitted that will request a permit exemption. The conversation with Mr. Alt
confirmed that the trail pavement non-motorized surface will not require any
water quality treatment.
Also, due to the length of the project being approximately 4 miles, spanning over
several drainage basins, locating the trail within the existing right-of-way that has
limited space for designing drainage swales to attenuate surface runoff from the
trail and avoiding collection of off-site runoff within these swales, and the difficulty
of obtaining right-of-way in a densely populated area in order to provide water
quantity treatment, Mr. Alt concluded that he would support an exemption
request.
However, should SWFWMO deny the exemption request, additional fees would
need to be negotiated with the City for the effort required to address the Water
Management District concerns.
5.0 Specifications and Contract Documents (Bid Packaae)
The Consultant will prepare special provisions as required by the design that will
include specifications covering any special construction methods that may be
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required. The City will furnish the front end contract documents consisting of City
Index, Section II - Instructions to Bidders, Section 11I- General Conditions and
Supplemental Conditions, and Section V - Contract Forms. The Consultant will
also furnish the Bid Proposal forms, complete the scope of work section for the
Advertisement of Bids & Notice to Contractors, and Section IV - Technical
Specifications Scope of Work including Articles of Technical Specifications check
list and Measurement and Payment section to be included in the Contract
Documents. The City will be responsible for providing copies of the plans,
specifications and other Bid Documents as well as scheduling activities and
advertising costs associated with the bids. The Consultant will assist the City in
the review of bids received and selection of a contractor for the project.
6.0 Construction Administration (Limited Services Druid Trail East
Section)
A. The Consultant will participate in a Pre-Bid and Pre-Construction
conferences.
B. The Consultant will prepare any addenda required.
C. The Consultant will review and approve all construction shop drawings
supplied by the Contractor for substantial conformance with the design
concept of the project given in the technical specifications.
D. The Consultant will coordinate necessary interpretations, clarifications,
and modifications of the contract documents to The City and Contractor.
I. Interpretations of the construction plans will consist of discussing
the intent of the project design in the event of changes proposed
by the City or Contractor. The effort involved for construction plan
interpretations is estimated at 9-~ days of aggregate time in
response to questions presented.
II. Construction plan clarifications will be provided throughout the
entire construction process. Questions that are related to the
design plans will be responded to in a timely manner to avoid any
delays with construction activities. The effort involved for
construction plan clarifications is estimated at 9-1/2 days of
aggregate time in response to items presented.
III. Modifications to the construction plans may involve minor
adjustments to proposed utilities due to conflicts with existing
utilities or minor adjustments to the trail alignment due to existing
utilities unable to relocate. Modifications to the plans exceeding
over 8-1/2 days of aggregate Design and CADD work are not
included in this estimate and will need to be discussed and/or
negotiated prior to proceeding beyond the time allocated.
E. The Consultant will participate in bi-weekly project status meetings during
the construction operations involving underground utilities, intersection
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improvements, trail construction (grading & paving), and landscaping. It
is estimated that a total of twenty (20) meetings will be attended by
Wade-Trim's Project Manager and four (4) meetings attended by Wade-
Trim's Project Landscape Architect. The City Project Manager will
coordinate meeting attendance with the Consultant.
The Consultants attendance at the progress meetings will consist of the
Project Manager, Mr. Gregory S. Trim, PE, and when necessary (4
meetings estimated) the Project Landscape Architect, Ms. Sharon Eichler,
AS LA.
F. Construction certification is not included in this scope of work. It will be
clearly indicated in the contract documents that the Contractor will be
responsible in preparing the final as-built drawings, signed and sealed by
a Professional Surveyor. The City will be responsible in supervising and
reviewing the construction material testing procedures and results.
7.0 Local Aaencv Proaram ~ Assistance (Druid Trail East Section~
The City of Clearwater is a certified local agency through the Local Agency
Program (LAP) that authorizes the City to use federal-aid funds provided through
the Florida Department of Transportation for project planning, project
developments, design, right-of-way, and construction. The Druid Trail design
and construction is currently programmed for federal funds through a Congestion
Mitigation and Air Quality (CMAQ) grant. The benefits of LAP to the City of
Clearwater include the authority to advertise, award, and manage its own
projects that are federally funded.
Wade-Trim's assistance to the City will be to provide resources to project
administration regarding applicable state and federal requirements being met.
These LAP requirements that Wade-Trim will provide services for the City are as
follows:
A. Prepare right of way certification form # 575-095-09, Local Agency
Program/FDOT No Additional Right of Way Certification.
B. Prior to the pre-construction conference, provide to the Contractor an
Anticipated DBE Participation Statement that will be completed and
submitted by the Contractor at the pre-construction conference. This
statement will need to be forwarded to the Equal Opportunity Office at the
following address:
Florida Department of Transportation
Equal Opportunity Office, MS-65
605 Suwannee Street
Tallahassee, Florida 32399-0450
Fax Number: (850) 488-3914
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C. Assure that the "Required Contract Provisions for Federal-Aid
Construction Contracts" also known as FHWA 1273 is incorporated into
the construction contract.
D. Assure that the City complies with the standard USDOT Title VI
Assurances by the inclusion of specific language (available in the section
IV-3-05 Local Agency Program Manual) in the solicitations for bids.
E. Continue to monitor the LAP requirements, advice and assist the City
accordingly during the design, bidding, and construction phases of the
project.
8.0 City of Clearwater Responsibilities
A. The City of Clearwater shall be responsible for the following materials and
services in support of this Work Order:
1. Hard copies of City utility atlas for water, sanitary, storm, and gas.
2. Confirm and update existing drainage information provided on the
topographical survey including the size, location and direction of
flow of each drain that services the affected project.
3. Old construction plans depicting pavement depths and types, curb
and gutter, details, or other information identifying existing
conditions.
4. Expedient technical City staff reviews at 30%, 60%, 90%, and
100% with a maximum of 21 working days following each phased
submittal.
5. Scheduling of any public meetings deemed necessary to facilitate
the project.
6. Scheduling and conducting the required pre-bid and pre-
construction meetings. Prepare meeting minutes of pre-
construction meeting with copies transmitted to the District Local
Agency Program Administrator.
7. Permit fees.
8. Mass production of bid set documents.
9. Fire Truck dimensions/parameters.
10. Solid waste trucks dimensions/parameters
Coordination for Consultant attendance at bi-weekly project status
meetings during the construction phase.
11. Survey elevations and locations of existing utility conflicts
that would require modifications to the design plans by the
Consultant.
12. Coordinating any special meetings required to discuss the
design intentions of the construction plans.
13. Perform daily construction observations and construction
administration activities. Maintain records off all material delivery
tickets and testing results.
14. Designate an EEO officer to monitor the Contractor's performance
to ensure compliance with its EEO policy.
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15. Evaluate bids received to verify that all required bid documents
have been properly submitted and executed by all bidders.
Review all bids for accuracy, checked for conformance to the
engineer's estimate and tabulations are checked and confirmed.
16. Prepare a tabulation of bids showing the item details and total bid
for all responsible bids. Tabulations shall be certified by the City's
responsible official.
17. Submittal of Award Data - within 10 days after award, the City
shall submit the following information to the District Local Agency
Program Administrator: Tabulation of bids; Engineer's Estimate;
Award Letter to the Contractor; DBE participation; and estimated
completion date of the number of working days for the contract.
18. Public notification mailing materials consisting of addresses in an
electronic word document, signed letter on City letterhead, and
envelopes with City's seal.
9.0 Meetinas (Druid Trail East Section)
A. The Consultant anticipates twenty-seven meetings with representatives of
the City, permitting agencies, MPO advisory committees, Contractor, and
public throughout the project schedule as follows:
1. Initial on-site conceptual meeting to review site conditions and to
define the project limits and extent of work and any changes that
may be necessary to utilities, sidewalks, driveways, drainage
facilities, etc.
2. Three (3) pre-application meetings with review agencies, one (1)
each, (SWFWMD, FDOT, and Pinellas County) on site to discuss
preliminary concepts and design requirements.
3. One (1) City staff meeting at 30 % stage to discuss preliminary trail
geometric layout design.
4. Three (3) City staff meetings at the 60%,90%, and 100% to check
the final plan details.
5. One (1) staff meeting at 60% stage to discuss irrigation design and
requirements.
6. Eight (8) public meetings consisting of two (2) meetings each for up
to four segments of the trail.
7. Attend two (2) MPO board meetings as needed.
8. Attend four (4) MPO advisory committee meetings consisting of the
following: Pedestrian Transportation Advisory Committee (PTAC);
Bicycle Advisory Committee; Citizen Advisory Committee (CAC);
Technical Coordinating Committee (TCC).
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9. Attend two (2) FDOT meetings related to Local Agency
Programming requirements.
10. Attend Pre-Bid and Pre-Construction meetings each.
10.0 Options (Both East & West Trail Sections)
Subsurface utility engineering investigation as needed that does not exceed
$4,000 of effort. Investigations exceeding the above amount will need to be
negotiated on a time and material basis.
11.0 Proiect Deliverables
Wade-Trim will develop and provide a full set of construction plans, Auto Cad
construction plan files (see attachment "C"), pertinent sections of the plan
specifications (hard copies and electronic Microsoft word & excel files), and
horizontal & vertical control required for construction stakeout. The reproducible
construction plan bidding set will be prepared on velum media.
12.0 Proiect Assumptions (Druid Trail East Section)
The following items are assumptions made while preparing this work order.
Should these items listed below change significantly, additional compensation
will need to be negotiated on a time and material basis.
1. The project's construction period time is estimated at eight (8) months.
2. No right-of-way required for this project.
13.0 General Proiect Description (Beach Connector Trail West Section)_
A. Upon written notification from the City of Clearwater, Wade-Trim will
prepare construction plans, specifications, and cost estimates, obtain
construction permits, and perform bidding and construction services for
the construction of the Beach Connector Trail located within the Turner
Street, Bay Avenue and Memorial Causeway corridors. The Beach
Connector Trail construction plans will be prepared simultaneously and
combined with the Druid Trail plans that will save considerable effort by
reducing the number of construction plan detail sheets, coordination and
review meetings, utility coordination, permitting activities, bidding and
construction services
B. The Beach Connector Trail construction plan set (to be submitted at 30%,
60%,90%, and 100% intervals) will be prepared at a scale of 1" = 20' and
will include at a minimum the following general plan sheets:
1. Survey Control Sheet
2. Typical Sections - Trail Path (2 Sheets)
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3. Typical Section - Mid Block Crossing
4. Construction Plan Sheets, Double Pass (6 Sheets)
5. Turner Street Block Plan & Profile (2 Sheets)
6. Intersection Grade Crossings (2 Sheet)
7. Trail Connection Detail Plan, Bay Ave. & Pierce Boulevard (1
Sheet)
8. Signing and Marking Plan Sheets, Double Pass (6 Sheets)
9. Landscape Plan Sheets, ,Double Pass (3 Sheets)
10. Irrigation Plan Sheets, Double Pass (3 Sheets)
11. Aerials (6 Sheets), with CAD overlay of trail alignment
Included with each construction plan set submittal will be associated
construction cost estimates. If necessary, the estimates can be broken
out into participating and non-participating funded pay items should the
City receive any federal grants to construct this section of the trail.
C. During the design process 30% and 60% construction plans will be routed
to the Agencies outlined above in the Druid Trail General Project
Description section.
13.1 Trail Alianment
The Beach Connector conceptual design phase will also include, as outlined in
the Druid Trail alignment, an evaluation of alternative alignments by establishing,
with City staff, a points rating system to rank and access alternative alignment
locations on a block by block basis. The point rating system will consider
potential conflicts with existing utilities, driveways and trees, possible trail
crossing locations, roadway alignment modifications at intersections, destination
points along the trail alignment and other conditions or features that might impact
the trail location and users safety.
During the scope preparation, two field meetings were conducted with the
Consultant and City staff that again began the alignment evaluation process.
One particular alignment evaluated during this process for the Beach Connector
Trail began at the intersection of the Pinellas Trial and Turner Street, continuing
west along Turner Street (north or south side of Turner Street to be determined
later, preferably north side) to Bay Avenue and turning north along the east side
of Bay Avenue. The trail then connects to the south side of Pierce Boulevard at
the easterly approach of the new Memorial Causeway Bridge. The trail travels
along the existing 12-foot wide walk along the bridge for half a mile to the west
end of the bridge. The trail then continues westerly along the south side of the
Memorial Causeway to link with the proposed pedestrian skyway bridge
spanning over the Mandalay Channel.
The precise trail alignment will be evaluated and determined during the
preliminary and final design stages. Coordination with the City's Park and
Recreation Department Memorial Causeway Landscape Project will be critical
since the trail alignment will determine the proposed landscaping design. This
section of the trail covers a total distance of approximately 2 miles, one mile east
of the bridge, one half a mile over the bridge and one half a mile along the
causeway.
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13.2 Construction Plan Sheets
The construction plan sheets for the trail will be presented in a double pass
format that will allow for twelve hundred feet of trail alignment per sheet at
1 "=20' scale. The construction plans will include the trail alignment centerline
and geometric dimensions for construction staking, construction call-outs, utility
adjustments, driveway modifications and construction quantities per sheet.
13.3 Intersection Grade Crossinas
Intersection grade crossing details will be provided at all roadway and trail
crossings. The details will include proposed trail crossing grades and
modifications to existing drainage structure inlets and any other utilities as
necessary to facilitate the crossing and comply with ADA standards.
13.4 Mid-Block Pedestrian Crossina
One (1) mid-block pedestrian crossing is conceptually considered at the church
located at the southwest corner of the intersection of Turner Street and Fort
Harrison. The church parking lot is located directly north across Turner Street.
In order to construct the trail along the north side of Turner Street, parallel
parking along that side may be eliminated and the curb line relocated to
accommodate room for the trail. To mitigate the impact to the church, a safer
pedestrian crossing could be proposed that connects the main entrance and
parking lot. A Typical section will be prepared as well as detailed geometrics,
grading, and pavement marking plan sheets. The crossing may consist of
landscaped median refuge island on Turner Street; raised pedestrian crossing
(flat top table); bollards and/or embedded flashing lights. Cost estimates will be
prepared and evaluated for the treatment/safety devises considered.
13.5 Trail and Intersection Sianina & Markina Plans
Signing and Pavement Marking plans will include the entire trail, excluding the
section over the new Memorial Causeway Bridge, and all side street (minor)
approaches where applicable and all major intersections. Signing and Pavement
Marking design shall be in accordance with the MUTCD and FOOT Design
Standard Indices.
13.6 Landscape Plans
The Beach Connector landscape design limits will be the section from the
Pinellas County Trail to Pierce Boulevard (easterly bridge approach). The
Memorial Causeway landscaping will be prepared under a separate Work Order
with the City's Park and Recreation Department.
Landscape plans again will be prepared in accordance with the City of
Clearwater 2003 Draft Policy on Tree Pruning, Planting and Protection in Rights-
Of-Way along the entire length of the trail. Existing tree canopies will be shown
on the plans where proposed construction encroaches upon the tree limits.
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Protective tree barriers and root pruning limits will be shown and quantified
where construction activities are expected to impact existing trees.
Sections of the trail are along residential property frontages that may require a
buffer barrier of landscape plantings to be installed on City or private property.
Issues concerning proposed landscape barriers will be addressed during the
design phases and presented to the neighbors for comments.
Shade trees, benches, water fountains, and other trail amenities will be proposed
at key locations along the trail, Le. rest stops for trail users. Trail amenity
construction details, locations, and cost estimates will be evaluated throughout
the design process.
In conjunction with the Landscaping design for the Druid Trail section, the Beach
Connector landscape design will be reviewed together with the Druid Trail
section at the two (2) meetings outlined above with the City's Landscape
Architect prior to submittal of 60% and 90% landscaping plans.
13.7 Irriaation Plans
The Beach Connector irrigation design limits will be the section from the Pinellas
County Trail to Pierce Boulevard (easterly bridge approach). The Memorial
Causeway irrigation will be prepared under a separate work order with the City's
Park and Recreation Department
Irrigation plans will be prepared in accordance with the City of Clearwater
requirements. A joint meeting for both trail sections will be held with the City
Parks and Recreation Department at 60% construction plan phase will be
conducted in order to review the landscape plans and to determine City
requirements to irrigate the proposed plantings. Irrigation plans will be prepared
after 60% construction plan phase and submitted for review at 90% and final
construction plan phases.
13.8 Trail Alianment Aerials
Trail alignment aerials with CAD overlay of the trail alignment will be prepared by
Wade-Trim for the City's use at 30%,60% and Final construction plan phases.
The aerials will include the latest trail alignment, proposed roadway intersection
and driveway modifications, and landscaping. The format of the aerials will need
to be determined by the City either by individual sheets with single or double
passes or a continuous roll broken out per mile length.
14.0 Desian Survey (Beach Connector Trail West Section)
The topographical survey will be performed by Foresight Surveyors Inc.; a
Pinellas County based Surveying Company, which will serve as a subconsultant
to Wade-Trim on this assignment. The survey scope of work includes the
following:
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The City has provided Wade-Trim with the Memorial Causeway Bridge
topographic survey prepared by HDR Engineering that was further updated to the
west along the Memorial Causeway by the City. This topographic survey will be
utilized and updated at the westerly bridge approach, approximately 400-feet on
each right-of-way side, and the project limits at the Mandalay Channel,
approximately 400-feet on the south right-of-way.
The limits of the survey are along Turner Street, from the Pinellas Trail to Bay
Avenue, then along Bay Avenue to Pierce Boulevard, pick up from the west end
of the new bridge and proceed 400-feet west to collect new improvements, finally
collect/confirm 400-feet at the far west end of the trail to the Mandalay Channel.
The topographic limits are to be the visible right-of-way lines, as determined in
the field with an additional 25-feet outside the approximate right-of-way lines of
Turner Street north and Bay Avenue east for the above referenced corridor and
will extend 200-feet in all directions within the right-of-way lines of Turner Street
and Fort Harrison Avenue.
A. Topographic Survey
1. The topographic survey will include above ground visible features
Le.:
. Sidewalks, pavement, driveway aprons, medians and curb
. Power poles, guy anchors, overhead utility lines, power boxes,
and phone and cable TV pedestals.
. Manholes and their use if marked on manhole lid or readily
apparent
. Trees 4" in diameter and larger, measured at breast height
including tree tag numbers placed by City personnel.
. Trees outside the right-of-way when their canopies encroach
within the existing roadway right-of-way.
. Sanitary manholes will include inverts and pipe sizes (if
accessible ).
. Storm structures will include inverts and pipe sizes (if
accessible ).
. No digging or probing will be performed.
2. Cross section will be on 100' intervals and will include grade
breaks.
a. Elevations will be based on North American Vertical Datum
of 1929, as recommended by FOOT.
B. Right-of-Way, Horizontal & Vertical Control
1. The consultant will establish a survey baseline tied to existing
right-of-way monumentation and/or section corners along the
route's described above. Reestablishment of right-of-way
monumentation is not considered part of this "scope of services".
2. Bench marks will be established at approximately 1000' intervals
and identified on the survey with station, offset and elevation.
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15.0 Geotechnicallnvestiaations (Beach Connector Trail West Sectionl_
A geotechnical investigation will be performed by Driggers Engineering Services
Inc.; a Pinellas County based Geotechnical Engineering and Testing Company,
which will serve as a sub consultant to Wade-Trim on this assignment. The
geotechnical scope of work includes the following:
A. Shallow hand auger classification borings at nominal 500-foot intervals
will be conducted along the proposed trail alignment. A total of sixteen
(16) hand auger borings to a nominal depth of 6-feet below grade is
budgeted.
B. Laboratory testing consisting primarily of grain size analyses, with
Atterberg limits and organic content determinations, and three (3)
Limerock Bearing Ratio (LBR) test of typical soils encountered along the
alignment as an aid in pavement design and evaluation of subgrade
stabilization requirements.
16.0 Aaencv Permits (Beach Connector Trail West Section)
Effort to obtain agency permits for this section of the trail is covered in the Druid
Trail section. Both trail sections will be submitted as one design package for
permit approvals. Agency approvals are the same for each trail section.
17.0 Specifications and Contract Documents (Bid Packaae)
The Consultant will prepare special provisions as required by the design that will
include specifications covering any special construction methods that may be
required along the Beach Connector Trail section. Wade-Trim will incorporate
the special provisions and specifications into the final bid package.
18.0 Construction Administration (Limited Services Beach Connector Trail
Section l
A. Pre-Bid and Pre-Construction conferences are covered under the Druid
Trail section scope of work.
B. Preparing any addendums is covered under Druid Trail section scope of
work.
C. The Consultant will review and approve all construction shop drawings
supplied by the Contractor for substantial conformance with the design
concept of the project given in the technical specifications.
D. The Consultant will coordinate necessary interpretations, clarifications,
and modifications of the contract documents to The City and Contractor.
U:\Ken Sides' data\Projects\Druid Trail\Design phase\Design WO\Final\Druid_ TraiLDesign_W0213.rev2.doc
20
I. Interpretations of the construction plans will consist of discussing
the intent of the project design in the event of changes proposed
by the City or Contractor. The effort involved for construction plan
interpretations is estimated at 2-'Y2 days of aggregate time in
response to questions presented.
II. Construction plan clarifications will be provided throughout the
entire construction process. Questions that are related to the
design plans will be responded to in a timely manner to avoid any
delays with construction activities. The effort involved for
construction plan clarifications is estimated at 2-1/2 days of
aggregate time in response to items presented.
III. Modifications to the construction plans may involve minor
adjustments to proposed utilities due to conflicts with existing
utilities or minor adjustments to the trail alignment due to existing
utilities unable to relocate. Modifications to the plans exceeding
over 4-1/2 days of aggregate Design and CADD work are not
included in this estimate and will need to be discussed and/or
negotiated prior to proceeding beyond the time allocated.
E. The Consultant will participate in bi-weekly project status meetings during
the construction operations involving underground utilities, intersection
improvements, trail construction (grading & paving), and landscaping. It
is estimated that a total of eight (8) meetings will be attended by Wade-
Trim's Project Manager and two (2) meetings attended by Wade-Trim's
Project Landscape Architect. The City Project Manager will coordinate
meeting attendance with the Consultant.
The Consultants attendance at the progress meetings will consist of the
Project Manager, Mr. Gregory S. Trim, PE, and when necessary (2
meetings estimated) the Project Landscape Architect, Ms. Sharon Eichler,
AS LA.
F. Construction certification is not included in this scope of work. It will be
clearly indicated in the contract documents that the Contractor will be
responsible in preparing the final as-built drawings, signed and sealed by
a Professional Surveyor. The City will be responsible in supervising and
reviewing the construction material testing procedures and results.
19.0 City of Clearwater Responsibilities
The City of Clearwater shall be responsible for the same materials and services
as outlined in the Druid Trail section scope of work for the Beach Connector Trail
section.
20.0 Meetinas (Beach Connector Trail Section)
The Consultant anticipates twelve (12) meetings with representatives of the City
Contractor, and public throughout the project schedule as follows:
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21
A. Four (4) public meetings consisting of two (2) meetings each for up to two
segments of the Beach Connector Trail.
B. Eight (8) Bi-weekly construction progress meetings
21.0 Proiect Oeliverables
Project deliverables are covered under the Druid Trail section scope of work.
22.0 Proiect Assumptions
The following items are assumptions made while preparing the Beach Connector
Trail section scope of work. Should these items listed below change significantly,
additional compensation will need to be negotiated on a time and material basis.
A. The project's construction period time for this section of trail is estimated
at four (4) months.
B. No right-of-way required for this project.
C. The construction plans for the Beach Connector Trail section will be
incorporated into the Druid Trail section as one complete package for
bidding and permitting.
23.0 Breakdown of Proiect Costs
A.
Develop Construction Plans & Permits - Druid Trail
Section
$513,906.70
B.
Druid Road Left & Right Turn Extensions - Druid Trail
Section
$ 9,421.60
C.
Bidding & Construction Administration Services - Druid
Trail Section
$ 69,582.00
D.
Contingency (10%0
$ 59.291.00
Sub Total Costs
$652.201.30
E. Develop Construction Plans & Permits - Beach $148,157.90
Connector Trail
F. Bidding & Construction Administration Services - Beach $ 28,160.40
Connector
G. Contingency (10%) 17,632.00
U:\Ken Sides' data\Projects\Druid Trail\Design phase\Design WO\Final\Druid_TraiLDesign_W0213.rev2.doc
22
Sub Total Costs
Total Costs
END OF SCOPE OF WORK
U:\Ken Sides' data\Projects\Druid Trail\Design phase\Design WO\Final\Druid_TraiLDesign_W0213.rev2.doc
23
$193.950.30
$846.151.60
ATTACHMENT "B"
PROJECT SCHEDULE
DRUID TRAIL AND BEACH CONNECTOR TRAIL DESIGN AND
CONSTRUCTION ADMINISTRATION SERVICES
CITY OF CLEARWATER
Authorization to Proceed
09/03/04
Receive Topographical Survey
12/13/04
30% Geometric Design Package
03/14/05
City Staff Review of 30% Plans
04/15/05
07/15/05
08/08/05
Submittal of 60% Plans
City Staff Review of 60% Plans
Submittal of SWFWMD Permit Inquiry Check List
10/07/05
Submittal of 90% Plans & Specifications
10/07/05
City Staff Review of 90% Plans & Specifications
10/28/05
Submittal of 100% Plans, Specifications & Bid Documents
11/25/05
City Staff Review and Approval of 100% Plans,
Specifications & Bid Documents
12/16/05
Advertisements for Construction Bids
TBD
Contractor Selection by City Commission
TBD
Authorization to Commence Construction
TBD
Substantial Completion of Construction
TBD
Final Completion of Construction.
TBD
Project Closeout
TBD
U:\Ken Sides' data\Projects\Druid Trail\Design phase\Design WO\Final\Druid_ TraiLDesign_W0213.rev2.doc
1
ATTACHMENT "C"
CITY DELlVERABLES
DRUID TRAIL AND BEACH CONNECTOR TRAIL DESIGN AND
CONSTRUCTION ADMINISTRATION SERVICES
CITY OF CLEARWATER
FORMAT
The design plans shall be compiled utilizing one of the following two methods.
1. City of Clearwater CAD standards.
2. Pinellas County CAD standards
3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical
Datum of 1929 (vertical) and North American Datum of 1993/90 (horizontal). The unit of
measurement shall be the United States Foot. Any deviation from this datum will not be
accepted unless reviewed by City of Clearwater Engineering/Geographic Technology
Division.
DELlVERABLES
The design plans shall be produced on stable-based mylar or vellum material, 24" x 36"
at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall
deliver all drawing files in digital format with all project data in land Desktop (land
Desktop 2000 or later format, including all associated dependent files. When is not
available, upon approval by the City of Clearwater Project Manager, a standard ASCII
file can be delivered with all associated drawing and dependent files. The ASCII file shall
be a comma or space delimited containing code, point number, northing, easting,
elevation and description for each data point. Example below space delimited ASCII file:
POINT #
284
NORTHING
1361003.838
EASTING
264286.635
ELEV
25.00
DEse
BeV
or comma delimited ASCII file:
284,361003.838,264286.635,25.00, BeV (PNEZD)
An AutoCAD Release 2000 or later drawing file shall be submitted. NOTE: If approved
deviation from Clearwater or Pinellas County CAD standards are used the consultant
shall include all necessary information to aid in manipulating the drawings including
either PCP, CTa file or pen schedule for plotting. The drawing file shall include only
authorized fonts, shapes, line types or other attributes contained in the standard
AutoDesk, Inc. release. All block references and references contained within the
drawing file shall be included. Please address any questions regarding format to Mr.
Tom Mahony, at (727)562-4762 or email address
mailto:tom.mahonv@mvclearwater.com
U:\Ken Sides' data\Projects\Druid Trail\Design phase\Design WO\Final\Druid_TraiLDesign_W0213.rev2.doc
2
.
)> All electronic files must be delivered upon completion of project or with 100%
plan submittal to City of Clearwater.
U:\Ken Sides' data\Projects\Druid Trail\Design phase\Design WO\Final\Druid_Trai'-Design_W0213.rev2.doc
3
PS 7J ~J3
City Council
Cover Memorandum
Trackina Number: 734
Actual Date: 09/02/2004
Subiect / Recommendation:
Approve a change in scope to the Drew and Union Streets Reclaimed Water System Contract 1-
Pipeline Construction (01-0039-UT) and Union Street Force main (02-0010-UT) (Transmission
Main Alternate) to Westra Construction Corporation of Palmetto, Florida, eliminating the
construction of a 30-inch force main and approve Change Order No.1 decreasing the contract by
$1,142,653.80 for a new contract total of $3,851,361.60 and authorize the appropriate officials to
execute same.
Summary:
The Contract was awarded to Westra Construction Corporation on June 19, 2003 for a total
amount of $4,994,015.40.
The Contract included the costs to construct reclaimed water transmission and distribution
systems in the Drew Street and Union Street areas in the City of Clearwater in the amount of
$3,464,080.40, with the SWFWMD providing reimbursement of 50% of the cost of the
transmission facilities up to a maximum of $2,103,985.00.
The Contract also included the cost to construct a 30-inch force main along Union Street
paralleling the reclaimed water main in the amount of $1,529,935.00. This work would have
been performed as a portion of the Alligator Creek Master Pump Station project (02-0010-UT).
This force main part of the project has been deleted, resulting in the deduction of $1,142,653.80
from the Contract. The remaining amount of $387,281.20 is required to complete formerly
shared restoration items of the project along Union Street.
The Alligator Creek Master Pump Station (02-0010-UT), to which the force main in this contract
belonged, was cancelled when the engineer's estimate far exceeded the budgeted amount. It was
determined less costly modifications and repairs would achieve the same results, thus
necessitating a change in scope for this contract.
The City's funding of the force main project costs came from 02 Water & Sewer Bond Construction
Fund project, 343-96665, Sanitary Sewer R & R.
Originatina: Public Services
Section: Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Tvoe: Capital Expenditure
Other Contract?
Change Order No. 1
I
City Council
Cover Memorandum
Aooropriation Code(s)
343-96665-563800-535-000
Amount
Comments
Review Approval
Garv Johnson
Bryan Ruff
07-26-2004 15:25:28
08-18-2004 07:31:11
07-26-2004 16:24:14
08-03-2004 10:29:43
07-27-2004 10:29:28
08-18-2004 18:55:50
Cvndie Goudeau
Maraie Simmons
Garrv Brumback
Bill Horne
CHANGE ORDER NO.1
DATE:
Tune 21, 2004
f(e- . pS z..
/ !v!-g
PROJECT: Drew & Union Streets Reclaimed
Water System - Contract No.1
Pipeline Construction & Union
Street Forcemain
PROJECT NUMBER: 01-0039-UT
PO REFERENCE NO.: 69936110
CONTRACTOR: Westra Construction Corporation DATE OF CONTRACT: Tuly 8, 2003
1263 12th Avenue East
Palmetto, Florida, 34221-1149 CODE: 343-96665-563800-535-000
SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
See attached two (2) pages that provides a description of the Union Street Force main quantities being
deleted from the Contract as directed by the City of Clearwater.
STATEMENT OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 4,994,015.40
CHANGE ORDER No.1 ($1,142,653.80)
NEW CONTRACT TOTAL $ 3,851,361.60
ACCEPTED BY:
WESTRA CONSTRUCTION CORP.
By: (SEAL)
Kenneth G. Beukema, President
Brian J. Aungst, Mayor-Commissioner
Date:
WITNESSES:
Bryan Ruff, Assistant City Attorney
ATTEST:
Cynthia E. Goudeau,
City Clerk
Date:
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
RECOMMENDED BY :
ENGINEERING CONSULTANT
McKim & Creed, P.A.
William B. Horne, II
City Manager
Brent A. Heath, P.E., Project Manager
CITY OF CLEARWATER
Gary A. Johnson, CGC,
Public Services Director
Michael D. Quillen, PE
City Engineer
Page 2
CHANGE ORDER NO.1
DREW & UNION STREETS RECLAIMED WATER SYSTEM
CONTRACT NO.1
PIPELINE CONSTRUCTION & UNION STREET FORCEMAN
The following summary indicates those original bid items that are being deleted from the Contract by
this Change Order No.1.
UNION STREET FORCEMAIN:
Est.
Item No. Description: Unit: Qty. Unit Price Total Amount
74 30" PVC Pipe (Open Cut) LF 3,900 $130.00 ($507,000.00)
75 30" DIP ( Open Cut) LF 560 $170.00 ($95,200.00)
76 6" PVC Pipe ( Open Cut) LF 130 $16.00 ($2,080.00)
77 30 " Gate Valve & Box EA 3 $23,500.00 ($70,500.00)
78 6" Gate Valve & Box EA 3 $730.00 ($2, 190.00)
79 8" Automatic ARV Ass'y. EA 1 $13,000.00 ($13,000.00)
80 6" Automatic ARV Ass'y. EA 1 $10,000.00 ($10,000.00)
81 D.l. Fittings-Protecto 401 lined TON 35 $4,000.00 ($140,000.00)
82 48" Casing-Bore & Jack LS 1 $50,000.00 ($50,000.00)
87 Remove 7 Replace 36" RCP LF 60 $53.00 ($3,180.00)
88 Connect To Existing 30" Forcemain LS 1 $70,000.00 ($70,000.00)
91 Unsuitable Fill Material CY 900 $6.00 ($5,400.00)
92 Additional Select Fill Material CY 900 $11.00 ($9,900.00)
93 Miscellaneous Concrete CY 300 $102.00 ($30,600.00)
Page 3
CHANGE ORDER NO.1
DREW & UNION STREETS RECLAIMED WATER SYSTEM
CONTRACT NO.1
PIPELINE CONSTRUCTION AND UNION STREET FORCE MAIN
94
Remove & Repl. Storm Drain Inlet EA
4
95
LS
1
Contingency
TOTAL DECREASE BY THIS CHANGE ORDER NO.1 =
$2,000.00
$125,603.80
($8,000.00)
($125,603.80)
($1,142,653.80)
/1)1
City Council
Cover Memorandum
Tracking Number: 761
Actual Date: 09/02/2004
Subject / Recommendation:
Approve the Mayor's reappointment of Carol Warren to the Clearwater Housing Authority Board
with a term expiring September 30, 2008.
Summary:
BOARD: Clearwater Housing Authority
TERM: 4 years
APPOINTED BY: Mayor, Approved by City Council
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: One member must
be a Public Housing Resident (effective 10/1/84)
MEMBERS: 5
CHAIRPERSON: Robert Aude
MEETING DATES: 4th Friday, 8:30 a.m.
PLACE: Robert H. Levison
Community Center
APPTS. NEEDED: 1
DATE APPTS. TO BE MADE: 9/2/2004
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE
EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
1. Carol Warren - 240 Windward Passage #105, 33767 - Original Appointment 3/6/2003
Interest in Reappointment: Yes
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
1. Carol Warren - 240 Windward Passage #105, 33767 - Commercial Real Estate Broker
Zip codes current members on board:
2 at 33756
2 at 33761
1 at 33767
Originating: Official Rec and Legislative Svc
Section: Consent Agenda
Category: Other
Number of Hard Copies attached: 0
Public Hearina: No
Financial Information:
Type: Other
Review Aooroval
Cvndie Goudeau
City Council
Cover Memorandum
08-31-2004 09: 18:09
.....
"-
:. '.,':.".:'
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOAR.tMI16 2003
(must be Clearwater resident)
CITY (;!:..~,... ;: I', ,,~: \'-:.~.rr;,;l~~',,\ :'
Name: Carol Warren
Home Address:
240 Windward Passaqe # 105
Clearwater. FL Zip33767
Telephone: 727-441-1653
How long a resident of Clearwater? 32 years
Occupation:Commercial Real Estate Broker_
Field of Education:
DesiQn
Real Estate
Office Address:
17757 US 19 North, Ste 275
Clearwater, FL
Telephone:727 -442-7184
Zip33764
Employer:Colliers Arnold
Other Work Experience:
Interior Design
If retired, former occupation:
Community Activities: Past President & Board Member, Roatry Club of Clearwater Elder, Peace
Memorial Presbyterian Church, Past Member, YWCA BOARD OF TRUSTEES
Other Interests: Church Choir, Music
Board Service (current and past):
Downtown Development Board
Fiscal Review Board
Siqn Board
Additional Comments: Founding coordinator wI Police Dept. of Downtown Business Crime Watch &
Say no to Drugs Festival
Board Preference:
Clearwater Housing Authority
Signed: ~ ~ ;J~
Date:
/- /-'/-0.3
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department. P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
."
.-. ...
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities? _Work with
other Board Members & Executive Director regarding special issues, policies or
problems of CHA. Provide guidance as well as direction Special Projects.
2. Have you ever observed a board meeting either in person or on C-View. the City's
TV station?
_Have not viewed CHA on C-View but have viewed & attended many other Board &
Commission meetings.
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board? .
_Have 24 years experience in Real Estate & believe this knowledge will assist CHA in
mission of providing housing & rental subsides to low income families. I have a strong
business background as well as a commitment to ethics & integrity
4. Why do you want to serve on this Board?
I believe that my expertise and desire to participate on this Board will benefit CHA & the
community.
Name: ~~ ;d~
Board Name:_Clearwater Housing Authority
/
! II Ij
City Council
Cover Memorandum
Trackino Number: 827
Actual Date: 09/02/2004
Subiect / Recommendation:
Appoint Councilmember Carlen Petersen and Vice-Mayor Frank Hibbard to serve as
representatives on the County-wide Homeless Task Force
Qrioinatino: Qfficial Rec and Legislative Svc
Section: Consent Agenda
Cateoorv: Other
Financial Information:
~ Other
Review Approval
Cvndie Goudeau
08-31-2004
08:55:03
PK~
JI)~I
City Council
,..........,.#~g~!:'!.~,!..~,Q!~I...M.~m.Q.!:!.!:'!.~J.I m.
~.,-:.,.,;,1::(_;.'~:':;:::;!::~:;;~;;;;;;;V"';!,"""ilim=x,"'~'",~'t,,~!;.._" ;,:,:~,:::::~':::::::::i;i;!;i;;::il~;;;;;;;;;;;;w;;;.....;-:;.' """'M:::::;i;;;;;;;;;::I;;;;;;;N;~; ",-,.,
Trackina Number: 770
Actual Date: 09/02/2004
Subject / Recommendation:
Approve a 30 month Partnership and Operational Support Agreement from October 1, 2004 -
March 30, 2007, between the City of Clearwater and the African American Leadership Council,
Inc., for the use and supervision of the Martin Luther King Center with an associated grant of
$100,000 for FY 2004/2005 and authorize the appropriate officials to execute same.
Summary:
The City Commission approved a similar agreement with the African American Leadership Council,
Inc (AALC) in September 1999 for the use of the Holt Avenue Youth Center. The AALC has
operated an extremely successful program at the Holt Avenue Center for the past five years.
The AALC has outgrown their current facilities and desires to expand and offer additional services
and programs for the community.
Due to budget constraints City staff is recommending that City services at Martin Luther King be
eliminated and/or moved to the new North Greenwood Recreation Complex. Therefore, the
facility would be available for use by AALC. This will provide annual savings to the City of
approximately $220,160.
This agreement will allow for the AALC to provide the same quality programs at the larger Martin
Luther King Center. They will provide the following services:
. Provide programs to include but not be limited to parental support groups and skills training,
family literacy services, job counseling, child development activities, liaison to the health care
system, outreach (including home visits), on-site childcare for programs, facilitation and support
of community meetings and activities.
. Provide agency personnel and volunteers to operate and supervise activities and special
programs at the Center, and surrounding area.
. Provide facilitation and support of groups currently utilizing the facility for community meetings
and activities.
The AALC will be required to provide an annual report of activities consisting of the number of
clients served, costs of such service, commentary on the viability, effectiveness, and trends
affecting the program and success of same. Accounting of funds received from the City for these
programs will be required.
The AALC will be responsible for all daily maintenance of the facility and will pay all operating
expenses associated with the Center incl
City Council
Cover Memorandum
uding but not limited to electric, water, sewer, solid waste bill for dumpster, custodial and minor
interior building maintenance.
The City will provide the following funding and in-kind services:
. An operational grant of $100,000 for FY 2004/2005. Grants for future years are subject to
annual budget approval by the City Council.
. Lawn and landscape maintenance for all areas around the Youth Center.
. Maintenance for all major capital components of the building, to include air conditioners, roof,
plumbing, electrical, etc.
The AALC shall have the option of renewing the term of the lease for an additional period of time
as allowed through successful negotiations with the Pinellas County School Board to extend the
Joint Use Agreement between the City and School Board.
A copy of the agreement is available in the Official Records and Legislative Services Department
for review.
Originatinq: Parks and Recreation
Section: Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard CODies attached: 0
Public Hearing: No
Financial Information:
IYQ.g,,;, Operating Expenditure
Bid Required? No
Bid Exceptions:
Impractical to Bid
In Current Year Budget?
No
Budqet Adiustment:
No
Current Year Cost:
$100,000.00
Annual Operating Cost:
$100,000.00
City Council
Cover Memorandum
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$100,000.00
Not to Exceed:
$100,000.00
Appropriation Code(s)
010-09231-582000-569-000
Amount
$100,000.00
Comments
Review ADDroval
Kevin Dunbar
La u ra Li powski
08-17-2004 11:05:18
08-26-2004 14:55:09
08-18- 2004 16:42:00
08-24-2004 16:45:07
08-19-2004 14:51:45
08-26-2004 11 : 11 : 58
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bill Horne
R~: PRltl~1
AGREEMENT
This Partnership, Operational Support and Funds Agreement is made and entered into between
the City of Clearwater, whose address is: Attn: Parks and Recreation Director, Post Office Box
4748, Clearwater, FL 33758-4748, ("City';, and African American Leadership Council, Inc.,
whose address is: 1201 Douglas Avenue, Clearwater, FL 33755, ("Agency").
WHEREAS, it has been determined to be highly desirable and socially responsible to provide
activities to build and foster the confidence, educational, cultural and social skills and good
habits in young people, adults and families; and
WHEREAS, the City desires to provide programs and activities as a means to help young
people, adults and families; and
WHEREAS, the Agency has established programs that provide educational, motivational and
cultural activities for youth, adults and families in the North Greenwood area ofthe City of
Clearwater; and
WHEREAS, the City owns the Martin Luther King Center Building, ("Center"), located at 1201
Douglas Avenue, Clearwater;
WHEREAS, the Agency desires to partner with the City in providing educational, motivational
and cultural programs by running the day to day operations and offering programs at the Center;
and
NOW, THEREFORE, the parties agree as follows:
ARTICLE I. TERM
1. Initial Term: The term of this agreement shall be for a period of 30 months commencing on
the 1 st day of October, 2004 ("Effective Date") and continuing through the 30th day of March,
2007 ("Termination Date") unless earlier terminated under the terms of this agreement.
2. Options to Renew: The Agency shall have the option of renewing this Agreement and of
extending the initial term for an additional period as allowed through successful negotiations
with the Pinellas County School Board to extend the Joint Use Agreement between the City and
School Board, on the same terms as are set forth in this Agreement.
ARTICLE II. RESPONSIBILITIES OF THE AGENCY
1. Services to be Provided: The Agency shall provide at a minimum the following
servIces:
a) Programs: Conduct educational, cultural and motivational programs at the Center
for the benefit of neighborhood and Clearwater area youth, adults, and families.
Some of the core programs to be provided are as follows:
i) Parent support groups and skills training
ii) Family literacy services
iii) Job counseling and related economic development activities
iv) Child development activities
v) Linkages to the health care system and other community services
vi) Outreach (including home visits when appropriate)
vii) Childcare for parents who are attending classes or participating in
activities on site
b) Assistance to the Community: The Agency will maintain communication and
interaction with the surrounding community through such avenues as:
i) Facilitation and support of groups currently utilizing the facility for
community meetings and activities
ii) Facilitation and support for use of center as a voting site
iii) Continue to provide office space to any current organizations that have
daily office hours and provide services to the community
c) Assistance to the City: Provide Agency personnel and volunteers to operate and
provide programs at the Center as well as at other recreation facilities located on the
premises including basketball courts and tennis courts.
d) Supervision of Recreation Grounds: Supply the necessary leadership and
supervision for the conduct of Agency activities on the recreation grounds adjacent to
the Center.
e) Hours of Operation: As much as possible, the Agency will provide programs and
activities at the Center on a daily basis and establish regular operating hours similar to
those currently existing at the Center.
2. Area to be Served: Services rendered through this agreement shall be provided within
the corporate limits ofthe City as it now exists and as its boundaries may be changed
during the term of this agreement. The primary target participant group shall reside in
areas ofthe City with the 33755 zip code.
3. Use of Martin Luther King Center:
a) No Illegal Use: The Agency promises and agrees that they will make or allow no
unlawful, improper or offensive use of the premises. Further, the Agency
understands and agrees that this provision specifically prohibits, among other acts,
the sale, consumption or use of alcoholic beverages or controlled substances
anywhere in, on or around the Center and those adjacent areas used by the
Agency.
2
b) Rules for Use: Rules and regulations governing the use of the Center may be
established by the Agency, providing they are not in conflict or inconsistent with
the ordinances, policies or operating rules of the City or of this Agreement. Such
rules and regulations developed by this Agency may provide for and allow
reasonable user fees to be retained by the Agency.
c) Inspection by City: The Agency understands and agrees that the Center premises
may be entered and inspected at any time by the City's officers, agents and
employees. The City shall notify the Agency at least 48 hours prior to any
inspections unless entry is necessary due to an emergency as determined by the
City in its sole discretion.
d) General Adherence to City Ordinances: Notwithstanding any limitations
implied by the provisions above, the Agency promises to observe all City
ordinances.
e) Signage: The Agency may place an identification sign on the Center or in the
park according to City codes with approval from the City at the Agency's
expense.
f) Structure: No permanent alterations or improvements to the interior or exterior
of the building may be made without the written consent of the City. Any
permanent structural additions approved by the City will become City property
upon termination or expiration of this Agreement.
4. Maintenance of the Center by the Agency.
a) Custodial Maintenance: The Agency shall maintain the Center and adjacent
areas used by the Agency in a clean and orderly condition.
b) Grounds Maintenance: The Agency shall maintain the grounds and parking lot
surrounding the Center from all trash and debris.
c) Repair of Damage: The Agency understands and agrees that it is responsible for
and will cause to be repaired at the Agency's expense, damage to the Center other
than normal wear and tear or vandalism.
d) Building Upgrades or Modifications: The Agency understands and agrees that
it is responsible for any new upgrades or modifications to the building that are
required to meet their programming needs.
5. Payment for all operating expenses: The Agency is responsible to pay all operating
expenses associated with the Center including but not limited to electric, water, sewer,
3
solid waste bill for dumpster at the Center, custodial, telephones, cable t.v. and minor
interior building maintenance.
6. Payment of Fees and Taxes: The Agency shall obtain all required licenses at its own
expense and shall pay all required taxes necessary to the Agency's operation at the
Center.
7. Scheduled Reports of Agency Activities:
a) The Agency shall furnish the City Parks and Recreation Department, with an
annual report of activities conducted under the provisions of this agreement within
sixty (60) days of the end of the Agency's fiscal year. Each report is to identify
the number of clients served, the type of activities, programs offered and costs of
such services.
b) The Agency agrees to submit progress reports and other information in such
format and at such times as may be prescribed by the City, and to cooperate in site
visits and other on-site monitoring (including, but not limited to, access to sites,
staff, fiscal and client records, and logs and the provision of related information).
8. Use and Disposition of Funds Received: Funds received by the Agency from the City
shall be used to pay for the above services as further described in a separate budget
proposal submitted by the Agency to the City (Attachment A). Funds existing and not
used for this purpose at the expiration this agreement, or at earlier termination hereof for
any reason, shall be deemed excess to the intended purpose and shall be returned to the
City within thirty (30) days of such termination or expiration.
9. Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: Agency shall create and maintain financial and accounting
records, books, documents, policies, practices, procedures and any information
necessary to reflect fully the financial activities of the Agency. Such records shall
be available and accessible at all times for inspection, review, or audit by
authorized City representatives.
b) Use of Records: Agency shall produce such reports and analyses that may be
required by the City to document the proper and prudent stewardship and use of
the facilities and funds provided hereunder.
c) Maintenance of Records: All records created hereby are to be retained and
maintained for a period not less than five (5) years.
10. Audit and Management Letter: Within 120 days of the close of its fiscal year, Agency
agrees to submit to the City a certified independent fiscal audit of all its corporate
activities and any accompanying management letter(s). This audit shall be conducted
consistent with American Institute of Certified Public Accountants (AICP A) Standards
4
for Non Profit Organizations or other mutually agreed upon standard. The audit will
separately identify City revenues, fees and donations, and expenditures by program.
11. Non-discrimination: Notwithstanding any other provisions ofthis agreement during the
term of this agreement, the Agency for itself, agents and representatives, as part of the
consideration for this agreement, does covenant and agree that:
a) Nondiscrimination: Agency agrees that no person shall, on the grounds of race,
sex, handicap, national origin, religion, marital status or political belief, be
excluded from participation in, denied the benefit(s) of, or be otherwise
discriminated against as an employee, volunteer, or client ofthe provider. Agency
agrees to maintain reasonable access to handicapped persons.
b) Inclusion in Subcontracts: The Agency agrees to include the requirement to
adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved
sub-contracts.
c) Breach of Nondiscrimination Covenants: In the event of conclusive evidence
of a breach of any ofthe above non-discrimination covenants, the City shall have
the right to terminate this agreement immediately.
12. Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to
publicize the support received from the City. Agency further agrees to supply the City,
up to three copies of any publication developed in connection with implementation of
programs addressed by this Agreement. Such publications will state that the program is
supported by the City.
13. Liability and Indemnification: The Agency shall act as an independent contractor and
agrees to assume all risks of providing the program activities and services herein agreed
and all liability therefore, and shall defend, indemnify, and hold harmless the City, its
officers, agents, and employees from and against any and all claims of loss, liability, and
damages of whatever nature, to persons and property, including, without limiting the
generality of the foregoing, death of any person and loss of the use of any property, except
claims arising from the negligence or willful misconduct ofthe City or City's agents or
employees. This includes, but is not limited to matters arising out of or claimed to have
been caused by or in any manner related to the Agency's activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by the Agency in or about its premises whether or not based on
negligence.
14. Insurance: The Agency shall procure at its expense and maintain during the term of this
Agreement insurance as shown below:
a) A Comprehensive General Liability policy covering claims for injuries to persons
or damage to property which may arise from or in connection with use of the
Center premises by the Agency including all activities occurring thereon.
5
b) A Business Automobile Liability Policy covering claims for injuries to persons or
damage to property that arise from or in connection with use of a motor vehicle
owned by the Agency.
c) Insurance procured in accordance with sections 13 (a) and (b) shall have
minimum coverage limits of $500,000.
d) Except for worker's compensation, each insurance policy issued as a requirement
of this Agreement shall name the City of Clearwater as an additional named
insured. The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officials, employees, agents or volunteers.
e) The Agency shall furnish the City with Certificate(s) of Insurance with all
endorsements affecting coverage required by this section. These forms shall be
received and approved by the Parks and Recreation Director_before execution of
this Agreement by authorized City officials.
f) Worker's Compensation: The Agency shall provide worker's compensation
insurance for all their employees in an amount at least equal to the statutory limits
of coverage according to applicable State and Federal laws. In addition, the policy
shall include employer's liability coverage with a limit of $500,000 per
occurrence.
ARTICLE III. RESPONSIBILITIES OF THE CITY
1. Grant of Funds: The City, for the 200412005 budget year, agrees to provide a grant of
$100,000 to the Agency to assist in funding Agency activities and expenses as identified
in this agreement. Grants for future years of this agreement are subject to annual budget
approval by the City Council.
2. Grant of In-Kind Services:
a) The City agrees to provide lawn and landscape maintenance for all areas in the
park and around the Center.
b) The City will provide maintenance for all major capital components of the
building including air conditioners, roof, painting, plumbing, and electrical.
c) The City will not provide any other additional in kind services, supplies, labor or
equipment whether on loan or for consumption to the Agency.
d) The City will gift to the Agency an agreed upon inventory of existing furnishings
remaining on site i.e. game tables, chairs, tables, file cabinets, and desks. Agency
will be responsible for maintenance and replacement of items if needed.
6
e) The City will remove any operating supplies, arts & craft materials, TV's, VCR,
computers, etc. that may be needed at other recreation centers in the City, prior to
start of agreement.
3. City Liaison: The Recreation Superintendent of the City of Clearwater or his designee
will serve as the City Liaison for the Agency.
4. Payments: The total amount ofthis grant will be paid by the City to the Agency within
30 days after execution of this agreement by the City and the Agency but no earlier than
October 1 of the budget year for which the funds are authorized.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement between the parties on the subject hereof and
may not be changed, modified, or discharged except by written Amendment duly executed by
both parties. No representations or warranties by either party shall be binding unless expressed
herein or in a duly executed Amendment hereof.
ARTICLE V. TERMINATION
1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by
the City shall constitute cause for termination. This agreement may be terminated with
30 days written notice without any further obligation by City.
2. For Municipal Purpose: In addition to right to terminate for cause, the City may
terminate this Agreement in the event it determines that the premises are required for any
other municipal purposes by giving sixty (60) days written notice of such intended use,
following which this Agreement shall terminate in every respect, and both parties shall be
relieved of any further obligations hereunder, except that Agency shall be responsible for
full payment of all costs and expenses resulting from the operation of the Center which
remain unsatisfied, together with any other monies due in accordance with this
Agreement.
3. Disposition of Fund Monies: In the event of termination for any reason, monies made
available to the Agency but not expended in accordance with this agreement shall be
returned to the City within thirty (30) days.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions of this agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand-delivered to
such party at the address indicated below (or at such other address as such party shall specify to
the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth
(5th) business day after the day on which such notice is mailed and properly addressed.
1. If to City, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL
33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758.
7
2. Ifto Agency, addressed to African American Leadership Council, Inc., Chief Executive
Officer, 1201 Douglas Avenue, Clearwater, FL 33755.
ARTICLE VII. CONTINGENCY
Future funding for this agreement is contingent upon yearly appropriations by the City Council.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
, 2004.
day of
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor
William B. Horne, II
City Manager
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
AFRICAN AMERICAN LEADERSHIP COUNCIL, INe.
By:
Printed Name:
Chief Executive Officer
8
PD4.1
),~v.
City Council
Cover Memorandum
Tracking Number: 768
Actual Date: 09/02/2004
Subject / Recommendation:
Approve acceptance of a FY 2004/2005 Byrne State and Local Law Enforcement grant in the
amount of $73,500 from the Florida Department of Law Enforcement and approve an agreement
with the YWCA of Tampa Bay for provision of contractual services during the period October 1,
2004 - September 30, 2005, in accordance with Sec. 2.564(1)(e), Code of Ordinances - Sole
Source, and that the appropriate officials be authorized to execute same.
Summary:
See attached document as word count over 2,000.
Originatina: Police
Section: Consent Agenda
Category: Other
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Sole Source
In Current Year Budaet?
Yes
Current Year Cost:
$24,500.00
Total Cost:
$24,500.00
Appropriation Code(s)
181-99288
Amount
Comments
$24,500.00
Review Approval
Sid Klein
08-06-2004
09:51:12
Tina Wilson
08-25-2004
13:48:51
Bill Horne
08-26-2004
11:22:20
Rob Surette
08-19-2004
09:39:29
Cvndie Goudeau
George McKibben
Garry Brumback
City Council
"....~,g"~!!,~,!,..~,QY:.~~..,~,~.!!12"~,!!!.~"!:!m",,,..,,,,.",..,.""" ",,,,,'w,,,,,,,,
08-26-2004 14:51:08
08-23-2004 15:32:55
08-26-2004 08: 12: 14
Clearwater City Commission
Agenda Cover Memorandum
Work Session Item #:
Final Agenda Item #
Meeting Date:
SUBJECT/RECOMMENDATION: Approve acceptance of a FY 2004/2005 Byrne State and Local Law
Enforcement grant in the amount of $73,500 from the Florida Department of Law Enforcement and approve an
agreement with the YWCA of Tampa Bay for provision of contractual services during the period October 1,
2004 - September 30,2005, in accordance with Sec. 2.564(1)(e), Code of Ordinances - Sole Source,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Police Department received award notification on July 26,2004 of a Byrne State and Local Law
Enforcement grant in the amount of $73,500 that will be used to contract with the YWCA of Tampa Bay to
continue the implementation of "Operation Apoyo Hispano," which provides interpreter, victim advocacy,
and crime prevention services to the City's rapidly growing Hispanic community. This is the fourth year
that Operation Apoyo Hispano has been awarded Byrne grant funding.
. Operation Apoyo Hispano consists primarily of advocacy on behalf of Hispanic crime victims and
interpretation/translation for Spanish-speaking individuals in their dealings with the police. The program
will continue to be supervised by the YWCA's Coordinator of Hispanic ServicesNictim Advocate, a
bilingual and culturally competent person with counseling, organizational, and supervisory skills. The
Coordinator will be assisted by a full-time, bilingual Advocacy Assistant, who is also employed by the
YWCA.
. Operation Apoyo Hispano will also provide a series of crime prevention education classes for Hispanic
community groups and will provide information in Spanish on topics such as child abuse, domestic
violence, bicycle safety, gangs, drug awareness, DUI, and Neighborhood Watch.
. Byrne grant funds will provide $73,500 for implementation of the program. A Special Project, 181-99288,
Operation Apoyo Hispano 2005, has already been established to account for the grant expenditures. The
required 25% cash match in the amount of $24,500 is already funded and will be transferred from the
Special Law Enforcement Trust Fund, 181-99331, to this project as part of the 3rd quarter adjustments.
. A contractual agreement between the City of Clearwater and the YWCA of Tampa Bay has been prepared.
A copy of the agreement is available for review in the Office of Official Records and Legislative Services.
. The YWCA has been determined to be the sole source for provision of the above-referenced services.
The YWCA was instrumental in designing and implementing the pilot project that was originally funded two
years ago with Weed and Seed dollars and funded last year by the Byrne grant. There is no other
comparable agency in Clearwater that is able to provide these services for the Hispanic community.
Reviewed by: Originating Dept: Costs
Police
Legal nfa Info Srvc nfa Prepared by: Sherry Hunt Total 24,500
Budget nfa Public Works nfa User Dept. Funding Source:
-
Purchasing nfa DCM/ACM Police Current FY 24,500 CI
Risk Mgmt nfa Other nfa Attachments OP
-
Other Grant
Submitted by: IX) None Appropriation Code: 181-99288
City Manager Grant match
Q Printed on rec cled a er
y p p
Rev.
2/98
~:fD4/~_i'
AGREEMENT
THIS AGREEMENT is made and entered into on the 1st day of October, 2004, by and
between the YWCA of Tampa Bay, hereinafter referred to as the "Contractor", and the
City of Clearwater, Florida, a municipal corporation, hereinafter referred to as the "City",
hereby incorporates by reference the City of Clearwater's "Standard Requirements for
Requests for Proposals"; Exhibit A - Insurance Requirements; and Exhibits B & C-
Scope of Services.
WITNESSETH:
WHEREAS, the City has been awarded a grant from the Florida Department of
Law Enforcement, Edward Byrne Memorial State and Local Law Enforcement
Assistance Formula Grant Program, in the amount of $98,000 including a cash match in
the amount of $24,500, for the implementation of "Operacion Apoyo Hispano;"
WHEREAS, the Contractor has agreed to implement and administer Operacion
Apoyo Hispano in the partnership with the City;
NOW THEREFORE, in consideration of the promises and the mutual covenants
contained in the Agreement, the Contractor and City hereby agree as follows:
1. TERM.
This Agreement shall commence on the 1 st day of October, 2004, and shall terminate
on the 30th day of September, 2005, unless earlier terminated by either party hereto.
Either party may terminate this Agreement upon thirty (30) days prior written notice.
2. CONTRACTOR'S SERVICES.
The Contractor shall furnish all material and perform all of the work for administration
and implementation of Operacion Apoyo Hispano, which provides interpreter, victim
advocacy, and crime prevention services to Hispanics in the City per the attached
Scope of Services (Exhibits B and C).
3. CONSIDERATION.
Upon execution of this Agreement by all parties, the City will pay for costs, including
cash match, associated with the implementation of the program as specifically indicated
in Exhibits Band C. The Contractor shall submit monthly billing to the City, including all
invoices, receipts, copies of payroll checks, and other documentation of expenses for
which the Contractor seeks reimbursement pursuant to this Agreement. Such monthly
billing shall be submitted to the City no later than twenty (20) days after the close of
each month. Financial reports shall be filed by the City of Clearwater with the Florida
Department of Law Enforcement (FDLE) on the first day after the close of each month;
upon receipt of reimbursement from the FDLE, the City shall reimburse the YWCA.
The City's maximum liability under this contract shall not exceed $98,000 - the total
amount of the grant, including match.
4. THE WAIVER.
Failure to invoke any right, condition, or covenant in this Agreement by either party shall
not be deemed to imply or constitute a waiver of any rights, condition, or covenant and
neither party may rely on such failure.
5. NOTICE.
Any notice or communication permitted or required by the Agreement shall be deemed
effective when personally delivered or deposited, postage prepaid, in the first class mail
of the United States properly addressed to the appropriate party at the address set forth
below:
A. NOTICES TO CONTRACTOR:
Mail to:
Peggy Sanchez Mills,
Chief Executive Officer
YWCA of Tampa Bay
655 Second Avenue South
St. Petersburg, FL 33701
With a copy to:
Sandra Lyth
Vice President of Program Development
YWCA of Tampa Bay
655 Second Avenue South
St. Petersburg, FL 33701
B. NOTICES TO CITY:
Mail to:
Sid Klein, Chief of Police
Clearwater Police Department
645 Pierce Street
Clearwater, FL 33756
With a copy to:
City Attorney's Office
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
6. ENFORCEABILITY.
If any provision of the Agreement is held by a court of competent jurisdiction to be
unenforceable, the remainder of the Agreement shall remain in full force and effect and
shall in no way be impaired.
7. ENTIRE AGREEMENT AND AMENDMENTS.
This Agreement constitutes the entire agreement of the parties with regard to the
subject matter hereof, and replaces and supersedes all other agreements of
understandings, whether written or oral. No amendment or extension of the Agreement
shall be binding unless in writing and signed by both parties.
8. BINDING EFFECT, ASSIGNMENT.
This Agreement shall be binding upon and shall inure to the benefit of the Contractor
and the City. Nothing in this Agreement shall be construed to permit the assignment by
the Contractor of any of its rights or obligations hereunder, as such assignment is
expressly prohibited without the prior written consent of the City.
9. GOVERNING LAW, SEVERABILITY.
In the performance of the Agreement, each party shall comply with all applicable
federal, state and local laws, rules, ordinances and regulations. This Agreement shall
be governed by the laws of the State of Florida. The invalidity or unenforceability of any
provision of this Agreement shall not affect the validity or enforceability of any other
provision.
In witness whereof, the parties hereto have set their hands and seals on the date first
above written.
Brian J. Aungst
Mayor-Commissioner
CITY OF CLEARWATER, FLORI DA
By:
William B. Horne, II
City Manager
Countersigned:
Approved as to form:
Attest:
Robert J. Surette
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
YWCA OF TAMPA BAY
By:
Peggy Sanchez Mills
Chief Executive Officer
aamrr A
LPilStrn..AA~CE REQUrRE.MEN1"'S
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limits meeuug aU .applIab!e state U1d redenil' lal'l'!.. This c:.o...u..ge Jball iadude Empioye-n'
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G,enrnl UJ"frHy l~ Tb& '-U.~Ee sb1I be O:II!UI 'Oa=uIT'C2Cl:' buis ad .sluiU include:
Premises acd Opet'Z1iCIU; !J:Kt~ CoD~ Prodne(2 ami Complm Ope-ntICE12 acd
Contne1U1J UabUUy. ~,halJ be no more f~hleth-v dum the htct edl1fou of the
Commerdz.J Geur:d r f!!hffity poncin of the ~ ~ Oma:.
This ~ Uq ,l1a1J proricfs '"'"" ~ ~~ ~ far deatfz, bodl1y I..ajlUT, ~naHD j IIl'1 or property da ma ge
that could uise d!.red:!r or iDciIndfy (ram the performuu::c ot thU pt.urlwc order.'
The:: cuiDimstm lImits ot ......."n!~ shall be ~OOO per ~a= Comb~cd SIn~le LImit for
BodDy lajury Ibbilitr aDd PI uv<<TY [bmqe UabWty.
The:: CIty sha1I be i1x:f=Ied aud id=tff!ed as u.Addlt1.oual I.asu.red w:der tlze poUq c:rtUIa(~
o( lmurua:.
3. BaJilJc:a AatDmObik LJabiIity- The BIdder maa procun: :lU2d ",,~in" ht. tor the life ot the
purrhue order. DIU;, CD AatomobiJ. UabiIl1y la:Arnuza:.
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for Bodily Cajary Ur~zsdpj~l,Ib~U~. ThIs~,b11IbeaD"'Any
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all M'" imT.o S1IitI. JrJd V' f c: .&Cd .,,, hRJty tar dadI. ~ mjury, bodDy taj ury or property
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DC the pu...ara- anicr.
S. SumrlemetltsJ P. UT&iotu
a) The ~ _...... ~ ~ ermdftlo= a:tn:mied by thb pa&r shall act 1M 5mpeDd~,
YOidtd. am:ded or mocWled ~ atta-Udrty (3fJ) days prior writWz natiee by
c:rti1Ied mail CTt1tn2 n:reipt I ~wlbud hat beeu ~ to the. CIty's RIsk Msnaitm tt:1 (
o ma:.
b) C~rrlfIOJtf3 of mmnn:u% m~g tbe ~l!c: rh4 L:l.n:U WDC3rte: proriJiorl3 specified
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151 ttwJ rrqairrd by du: pg~ ornu.
d) The City may at ia aptiol3 require a C'Opy of ~ bkfdu's iasanuu:: poUcia
~) An Ja.:san.aa: pol{cie:s rrqaind wiUl this p~ on:fa .!W proTide (aU ccyen.:e
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~p1ed without prior appranJ t'ram me CIty.
6. Sartry aDd H'e21ut:Reqai~ena
.) We SJ:Id HnlU1{a' Work EnYiroDment~ u the bidi:fuls mle dory to provide ufe lad
bn'tbful woriW1C .CDudIt!a1tll to iu ~ aDd thma of 1h8 Clty 011 &.ad about t1Je
project site. The CUy amama DO duty (or m~. ollb bldder.
Stop Work Orden- n. CIty may ordu thae the worlc stop if. amdJtiaa or ImmC'dIllte
d.a~ to City employees. eqaipme1lc or property d.p-p ~ Thb p~u..mou slWl
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EXHIBIT B
YWCA OF TAMPA BAY INTERPRETER PROGRAM
SCOPE OF SERVICES
The YWCA of Tampa Bay agrees to comply with the terms, conditions and
scope of the Anti-Drug Abuse Act of 1988 Formula Grant Application, as well as
the subsequent grant award notice from the Florida Department of Law
Enforcement and all Acceptance Agreement Conditions as listed in Section "G"
of the subgrant application.
Program Components
1. Supervision
. Fulfill the functions of supervisor for interpreters and any volunteers or
other staff that may be connected with the program
. Maintain an on-call procedure which meets the needs of the Clearwater
Police Department (CPD), revising and improving as necessary.
. In collaboration with CPD, maintain a protocol for working with the police
and the courts, in various settings, including interviews, the scene of a
crime, and in legal proceedings, revising and improving as necessary.
2. Recruiting
. Maintain a group of approximately 12 trained interpreters, who are fluently
bilingual in Spanish and English, to act as interpreters between Spanish
speaking residents of the City of Clearwater and the police.
. In collaboration with the CPD, continue to recruit, screen, and train
interpreters, as needed.
3. Information Management
. Maintain an information management system, including reports written by
the interpreters following a call-out.
. From this information, maintain a data base of critical information,
including descriptions of the incidents, the participants, time of day, etc.,
which will be developed into a formal evaluation
4. Written Translations
. Provide qualified translators to translate written documents for CPD as
needed.
2
5. Reporting
. Provide reports to the CPD and the CEO of the YWCA as required.
EXHIBIT C
YWCA OF TAMPA BAY ADVOCACY PROGRAM
SCOPE OF SERVICES
The YWCA of Tampa Bay agrees to comply with the terms, conditions and
scope of the Anti-Drug Abuse Act of 1988 Formula Grant Application, as well as
the subsequent grant award notice from the Florida Department of Law
Enforcement and all Acceptance Agreement Conditions as listed in Section "G"
of the subgrant application.
Program Components
1. Outreach
. Contact individuals and organizations in the community, providing
information about the advocacy services of the YWCA of Tampa Bay
. Provide direct information to victims and potential victims of crime through
notices in Spanish speaking businesses, churches, public speaking, and
word of mouth
2. Intervention
. Provide advice and counseling with the objective of having the incident(s)
reported to the police
. Provide support and assistance during interviews, legal proceedings, and
related processes
3. Referral and Support
. Assist Hispanic victims to gain access to services that may be required by
the victim as a result of a crime, such as alternate housing, financial aid,
medical care, and services for children, as needed
. Refer the victim to agencies and services which have a Spanish speaking
capability, according to the needs of the individual
. Assist the victim in maintaining a working relationship with the police
during the process
4. Liaison with the Clearwater Police Department (CPD)
2
. Provide information to Senior Officials and Officers of CPD regarding
obstacles faced by Hispanic residents in reporting crimes and seeking
redress through the legal system
. Provide training or orientation to members of the CPD regarding the
program
. Work continuously with representatives of the CPD to improve the
awareness of Hispanic residents of the services available to them through
the legal system.
5. Public Education
. Attend meetings, give presentations, and perform other functions which
will enhance the visibility of the needs of the Hispanic community,
specifically victims of crime, and the needs of Hispanic women and girls
6. Outcomes
. The Coordinator of Hispanic Services will maintain records of activity and
case by case outcome on all of the above responsibilities. The
Coordinator will prepare a monthly report, to be reviewed by the Hispanic
Services Advisory Committee of the YWCA, and the Clearwater Police
Department.
M R. i 1:)-:9
City Council
Cover Memorandum
Tracking Number: 695
Actual Date: 09/02/2004
Subject / Recommendation:
Adopt Resolution 04-19, reducing hours of operation of Pier 60 fishing pier by closing the evening
shift 10 p.m. to 6 a.m. from October to March and increase user fees on October 1, 2004.
Summary:
Operating Hours:
Pier 60 as a recreational fishing pier has a history of close to breakeven operations. As we make
changes to better serve the market we have resisted price increases and adjusting hours of
operation. With the success of Sunsets, and a change in our retail operation, we have made
strides to gain sales when the most customers are there, between 6 a.m. and 10 p.m. To cover
the demand for service, we have had to increase staffing with overtime hours and longer hours for
part time employees.
To better serve our customers during the peak hours of 2 p.m. to 10 p.m. we want to close the
pier during the off peak hours of 10 p.m. to 6 a.m. from October to March. This will help us
improve customer service and utilize our employees where they are most needed.
For example, during the peak hours of 2 p.m. to 10 p.m. we often have lines at the register and
are understaffed to the point we call in part time employees in an overtime status. During the off
peak hours of 10 p.m. to 6 a.m., we lose money as shown in the attachment.
User Fees:
There has not been an increase in user fees at Pier 60 since it was rebuilt in April 1994. A
marketing survey has indicated that an 18% increase in user fees, including fishing admissions,
rod rentals and fishing passes would bring our rates more in line with other fishing pier rates in
the area. The resident rate will increase 10%. In keeping with our desire to best serve our
residents, we will have a resident and non-resident rate.
For example, the current adult fishing admission is $5.35. A 10% increase would be $5.89 for a
resident and an 18% increase for non-residents would be $6.36. The increase would be
scheduled for the new fiscal year beginning October 1, 2004.
Originating: Marine and Aviation
Section: Other items on City Manager Reports
Category: Agreements/Contracts - without cost
Public Hearing: No
Financial Information:
Review Approval
Bill Morris
07-06-2004
10: 14:05
Tina Wilson
08-09-2004
15:27:49
City Council
Cover Memorandum
Cyndie Goudeau
Bill Horne
07-06-2004 12:08:49
08-16-2004 13:36:53
08-17-2004 14:41:52
08-17-2004 13:48:49
Brvan Ruff
Garrv Brumback
RESOLUTION NO. 04-19
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
AUTHORIZING CLOSURE OF PIER 60 DURING THE EVENING
SHIFT FROM OCTOBER TO MARCH AND INCREASING USER
FEES TEN PERCENT (10%) FOR RESIDENTS AND EIGHTEEN
PERCENT (18%) FOR NON-RESIDENTS, INCLUDING FISHING
ADMISSIONS, ROD RENTALS AND FISHING PASSES ON
OCTOBER 1, 2004; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater would like to better serve our customers
during peek hours by closing the pier during the 10 p.m. to 6 a.m. shift from October to
March, thereby helping us improve customer service and utilize our employees where
they are most needed.
WHEREAS, the City of Clearwater has not had an increase in user fees,
including fishing admissions, rod rentals and fishing passes in ten years since the
rebuild in 1994, the City wishes to increase the user fees at Pier 60 10% for residents
and 18% for non-residents on October 1, 2004: now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORI DA;
Section 1. The City Council hereby accepts and approves authorizing closing
the pier during the 10 p.m. to 6 a.m. shift from October to March and increasing user
fees 10% for resident's and18% for non-resident at Pier 60 on October 1,2004.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
2004.
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 04-19
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Fishing Pier Rate Comparison Survey
Pier 60 Redington Skyway St.Pete
Rod Rent $6.50 $7.75 $8.00 $10.00 w/12 shrimp
Fishing Fee
Adult $5.35 $7.00 $2.00 + $3.00 car fee Free
Child 11-15 $3.75 $6.00
Child 5-10 $2.50 $6.00
Srs. & Res $4.45 $7.00
No one else offers weekly, monthly or annual passes.
Excel Pier 60 folder: Fishing Survey 6/04
City Council
Cover Memorandum
ps 3 .
J:2-'~
Trackina Number: 763
Actual Date: 09/02/2004
Subiect I Recommendation:
Adopt Resolution No. 04-20 and approve the State of Florida Department of Transportation
maintenance agreement for sweeping State roadways as outlined in the "Scope of Services" and
authorize the appropriate officials to execute same.
Summarv:
The maintenance agreement between the Florida Department of Transportation and the City of
Clearwater will expire on October 22, 2004. The Florida Department of Transportation has
requested that the City of Clearwater enter into a new contract to sweep 13.456 miles of various
State roadways in 26 cycles.
This contract requires the Public Works/Public Services Department to conform to the Manual of
Uniform Traffic Control Devices, i.e... a shadow truck with an attenuator and arrow board.
Stormwater Maintenance has all the necessary equipment available.
FDOT compensation for services is based on miles of sweeping completed, estimated at
$15,568.59 annually (at $44.50 per mile). Estimated operating costs to provide these services
are approximately $37.00 per mile.
Copies of the agreement are available for review in the Official Records and Legislative Services
office.
Oriqinating: Public Services
Section: Other items on City Manager Reports
Cateaorv: Agreements/Contracts - with cost
Number of Hard Cooies attached: 0
Public Hearing: No
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Maintenance agreement with Florida Dept. of Transportation
Review Aooroval
Garv Johnson
08-09-2004
12:09: 11
Cvndie Goudeau
08-16-2004
14:43:22
Tina Wilson
Garrv Brumback
Bryan Ruff
Bill Horne
City Council
Cover Memorandum
08-09-2004 12: 12:23
08-16-2004 11:03:14
08-09-2004 16: 18:40
08-16-2004 14:32:19
--,
RESOLUTION NO. 04-20
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING THE EXECUTION OF A
MAINTENANCE AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, TO PROVIDE
FOR ROADWAY SWEEPING WITHIN THE
DEPARTMENT'S RIGHT-OF-WAY IN THE CITY OF
CLEARWATER; PROVI DI NG AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FDOT) has agreed to
retain the City of Clearwater to perform roadway sweeping within the Department's
right-of-way in the City of Clearwater under the Maintenance Agreement, State Job No.
41695417201, a copy of which is attached hereto as Exhibit "A"; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves the Renewal of the
Maintenance Agreement between City of Clearwater and the State of Florida
Department of Transportation, State Job No. 41695417201 to retain the City of
Clearwater to provide roadway sweeping within the Department's right-of-way in the
City of Clearwater, and authorizes Clearwater City Manager, William B. Horne II, to sign
said Maintenance Agreement on behalf of the City of Clearwater.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2004.
Brian J. Aungst
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 04-20