12/01/2005
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City Council Agenda
Date: 12/01/2005 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
5 Presentations:
5.1 Main Street Award Presentation
5.2 Proclamation - Miniature Art Month - January 2006
5.3 We Care Fund - Jim Geary
6 Approval of Minutes
6.1 November 16, 2005
7 Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
8 Administrative public hearing!
- 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 applicant's request to vacate the drainage and utility easement that was
retained over the vacated portion of North East Cleveland Street lying between Martin
Luther King, Jr. Avenue and North East Cleveland Street, (a.k.a. 1100 Cleveland
Street), and approve Ordinance 7544-05 on first reading, (VAC2005-17 Clearwater
Centre, LLC),
8.2 Approve the applicant's request to vacate the 15-foot sanitary sewer easement lying
within the west 15 feet of the platted Lots 11 through 14, Block C of Replat of
Coachman Heights, (a.k.a. 940 Court Street), and extending northward through the
south vacated 1/2 of Haven Street, and pass Ordinance 7571-05 on first reading,
(V AC2005-19 Senior Citizens Services, Inc.).
8.3 Appprove the applicant's request to vacate the alley lying on the north side of Lots 1
through 6, inclusive and south of Lots 7 and 8, together with the 5-foot alley lying on
the east side of Lot 11 of Earl and Tates, (a.k.a. 400 Cleveland Street), subject to the
retention of a utility easement over the 5-foot alley, and approve Ordinance Number
7541-05 on first reading, (VAC2005-16, 400 Cleveland, LLC),
8.4 Pass Ordinance 7564-05 on first reading, amending Ordinance No. 7515-05, which
established the Clearwater Cay Community Development District pursuant to Chapter
190,
Florida Statutes, to correct Exhibit A., legal description.
9 Quasi-judicial public hearings
- None
10 Second Readings - public hearing
10.1 Continue adoption of Ordinance 7543-05 on second reading, amending Sections 6.21
and 6.31 (4), Code of Ordinances, relating to alcoholic beverages and open alcohol
containers, to December 15, 2005.
10.2 Continue adoption of Ordinance 7388-05 on third reading, amending the
comprehensive plan of the city by amending the Future Land Use Element by adding
the Resort Facilities Overlay (RFO) future land use as a land use map classification;
replacing references to the 1995 Clearwater Downtown Redevelopment Plan with the
2004 Clearwater Downtown Redevelopment Plan; and by deleting policies regarding
the mixed-use zoning district, to December 15, 2005.
10.3 Continue adoption of Ordinance 7459-05 on second reading, amending the future land
use plan element of the comprehensive plan of the city, to change the land use
designation for certain real property whose post office address is 137 Fernwood
Avenue, from Institutional to Residential Medium, to December 15, 2005.
10.4 Continue adoption of Ordinance 7460-05 on second reading, amending the Zoning
Atlas of the city by rezoning certain real property whose post office address is 137
Fernwood Avenue, from Institutional (I) to Medium Density Residential (MDR), to
December 15, 2005.
10.5 Continue adoption of Ordinance NO.7 449-05 on second reading, amending the
Community Development Code by amending Article 2, Zoning Districts; and amending
Article 3, Development Standards, to December 15, 2005.
City Manager Reports
11 Consent Agenda
11.1 Award a contract to Pierce Manufacturing Inc. of Appleton, WI. in the amount of
$884,380.00 for the purchase of one(1) new Pierce 100' Aerial Tiller Apparatus in
accordance with sec. 2.564 - (1)(b)and e). Pierce will also provide two(2) new 100'
Aerial Platform Apparatus to be exchanged for two(2) existing Pierce Skyarm Platform
Apparatus at no additional cost.
11.2 Accept and approve a Land Water Conservation Fund Program (LWCF) Project
Agreement for the Myron A. Smith Bayview Park project, in the amount of $200,000,
between the State of Florida Department of Environmental Protection and the City of
Clearwater and authorize the appropriate officials to execute same. (consent)
11.3 Approve an agreement between THE FLORIDA COMMISSION ON COMMUNITY
SERVICE, aka VOLUNTEER FLORIDA and the CITY OF CLEARWATER renewing the
AmeriCorps Clearwater program for the period January 1,2006 through December 31,
2006, including cash match funding in the amount of $56,560 and authorize the
appropriate officials to execute same. (consent)
11.4 Approve the Second Amendment to the Agreement between the Southwest Florida
Water Management District and the City of Clearwater for the Kapok Wetland and
Floodplain Restoration Project for a time extension and authorize the appropriate
officials to execute same. (consent)
11.5 Appoint NOrma R. Carlough and James Hess to the Airpark Advisory Board with the
terms expiring on December 31, 2009.
11.6 Confirm the Mayor's appointment of Luchenda N/ Flemming to the Public HOusing
Resident category of the Clearwater Housing Authority with the term expiring on
September 30,2009.
11.7 Authorize the City Attorney to hire Jeffrey Hinds to represent the City in the matter of
PIERCE 100, INC., a Florida Condominium Association, on behalf of its Unit Owners v.
City of Clearwater, et al. in the total estimated amount of up to $100,000.
12 Other items on City Manager Reports
12.1 Adopt Resolution 05-50 authorizing the City to enter into two permit agreements with
CSX Transportation, Inc., Pipeline Crossing Agreement No. CSX-049519 and Wireline
Crossing Agreement No. CSX-049529, for the installation of one (1) 2" water main, one
(1) 8" water main, one (1) 12" water main, one (1) 4" cable conduit and one (1) 12" fiber
optic cable conduit in the CSX right-of-way as part of the Cleveland Street Streetscape
project and authorize the appropriate officials to execute same.
13 City Attorney Reports
14 City Manager Verbal Reports
15 Council Discussion Items
16 Other Council Action
17 Adjourn
,
TO:
FROM:
SUBJECT:
COPIES:
DATE:
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Interoffice Correspondence Sheet
Mayor and Councilmembers _
Cyndie Goudeau, City Clerk~
Follow up from November 28,2005 Work Session
William B. Horne, City Manager
November 29,2005
City Council Meeting 12-01-05: Agenda provided.
Aqenda
Minutes 6.1
Pres. 5.3
Item 8.4
Minutes from City Council Meeting 11-16-05: Item added to agenda and paperwork
provided.
We Care Fund - Jim Geary: Item added to agenda.
Pass ORD 7564-05 on 1st reading, amending ORD 7515-05, which established the
Clearwater Cay Community Development District pursuant to Chapter 190, Florida
Statutes, to correct Exhibit A., legal description: Item added to agenda and
paperwork provided.
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Tracking Number: 1,736
Actual Date: 12/01/2005
Subject / Recommendation:
Approve the applicant's request to vacate the drainage and utility easement that was retained
over the vacated portion of North East Cleveland Street lying between Martin Luther King, Jr.
Avenue and North East Cleveland Street, (a.k.a. 1100 Cleveland Street), and approve Ordinance
7544-05 on first reading, (VAC2005-17 Clearwater Centre, LLC),
Summarv:
Applicant is seeking vacation of the easement in order to convert the existing office building into a
condominium with new retail and parking structures to be build over a large portion of the site
including the subject easement.
Bright House Networks and Knology have no objections to the vacation request.
Verizon and Progress Energy have no objections provided that the applicant pays all costs related
to any relocation of their facilites.
The City of Clearwater has a sanitary sewer line and an 8-inch water line in the subject easement.
The applicant will relocate these facilites at the developers cost to the satisfaction of the City
Engineer.
A flexible development application was approved by the Community Development Board on
October 18, 2005.
Public Works Administration has no objections to the vacation request.
Originating: Engineering
Section: Administrative public hearings
Cateoorv: Vacation of Easements and Rights of Way
Number of Hard Cooies attached: 3
Public Hearino: Yes
Advertised Dates: 11/13/2005
11/20/2005
Financial Information:
Review Aooroval
Glen Bahnick
11-07-2005
15:48: 12
Sue Diana
11-17-2005
09:57:38
Michael Ouillen
11-08-2005
08:57:41
Garrv Brumback
11-16-2005
14:36:41
Bryan Ruff
Bill Horne
City Council
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11-16-2005 22:42:30
ORDINANCE NO. 7544-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE UTILITY EASEMENT
RETAINED OVER THE VACATED PORTION OF
NORTHEAST CLEVELAND STREET LYING BETWEEN
LOTS 15 THROUGH 22, BLOCK B, BASSEDENA
SUBDIVISION AND LOTS 1 THROUGH 14, BLOCK A,
BASSEDENA SUBDIVISION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Clearwater Centre LLC, owner of real property located in the City of
Clearwater, has requested that the City vacate the utility easement depicted in Exhibit A
attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
Utility easement retained over the vacated portion of Northeast Cleveland
Street lying between Lots 15 through 22, Block B, Bassedena Subdivision,
as recorded in Plat Book 6, Page 26, Public Records of Pinellas County;
Florida, and Lots 1 THROUGH 14, Block A, of said Bassedena Subdivision
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7544-05
Exhibit A Map: Clearwater Centre, LLC
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Vacate the utility easement retained over
the vacated right-of-way of North East Cleveland Street.
Ordinance 7544-05
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Reviewed By: S. D . Scale: 1" = 1 00 ft
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Vacate the utility easement retained over
the vacated right-of-way of North East Cleveland Street.
Ordinance 7544-05
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Trackino Number: 1,739
Actual Date: 12/01/2005
Subiect / Recommendation:
Approve the applicant's request to vacate the 15-foot sanitary sewer easement lying within the
west 15 feet of the platted Lots 11 through 14, Block C of Replat of Coachman Heights, (a.k.a.
940 Court Street), and extending northward through the south vacated 1/2 of Haven Street, and
pass Ordinance 7571-05 on first reading, (VAC2005-19 Senior Citizens Services, Inc.).
Summary:
The applicant is selling the subject property which is proposed to be redeveloped into a hotel
which will be built into the area in which the easement is presently located.
The sewer easement was created by a predecessor in title to the property who retained an
easement to provide access from the property to the north to a sanitary sewer main in Court
Street.
The City of Clearwater assumed the rights to the sanitary sewer easement when it purchased the
property to the north which is now developed as Prospect Lake.
No city sewer is located in the easement and the city does not contemplate any future need for
the subject easement.
No other utilities have a right to use the easement; accordingly letters of no objection from other
utility companies are not required.
Public Works Administration has no objections to the vacation requested.
Orioinating: Engineering
Section: Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Cooies attached: 3
Public Hearing: Yes
Advertised Dates: 11/13/2005
11/20/2005
Financial Information:
Review Approval
Glen Bahnick
11-08-2005
09: 12: 59
Cvndie Goudeau
11-16-2005
09:28:42
Bill Horne
11-16-2005
22:39:55
Michael Ouillen
11-08- 2005
09:21:26
City Council
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11-16-2005 14:32: 13
Bryan Ruff
11-09-2005 15:06:43
11-17-2005 10:01:25
Sue Diana
ORDINANCE NO. 7571-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE FIFTEEN-FOOT SANITARY
SEWER EASEMENT LYING WITHIN THE WEST PLATTED
FIFTEEN FEET OF LOTS 11 THROUGH 14, INCLUSIVE,
BLOCK C, REPLAT OF COACHMAN HEIGHTS AND
EXTENDED NORTH THROUGH THE SOUTH ONE-HALF
OF VACATED HAVEN STREET; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Senior Citizens Services, Inc., owner of real property located in the
City of Clearwater, has requested that the City vacate the sanitary sewer easement
depicted in Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
15-foot sanitary sewer easement lying within the west platted 15 feet of Lots
11 through 14, inclusive, Block C, Replat of Coachman Heights as recorded
in Plat Book 20, Page 26, Official Records of Pinellas County, Florida, and
extended north through the south one-half of vacated Haven Street
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7571-05
Exhibit A Map: Senior Citizens Services, Inc.
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Public Works Administration / En ineerin
Vacate the 15-foot Sanitary easements lying along the west
property lines of lots 11 through 14, Block C Replat of
Coachman Heights, together with the south 1/2 of
vacated Haven Street.
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Vacate the 15-foot Sanitary easements lying along the west
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vacated Haven Street.
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Ordinance 7571-05
S.K.
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S-T-R 15-29s-15e Date: 11/01/05
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Cover Memorandum
Tracking Number: 1,735
Actual Date: 12/01/2005
Subject / Recommendation:
Appprove the applicant's request to vacate the alley lying on the north side of Lots 1 through 6,
inclusive and south of Lots 7 and 8, together with the 5-foot alley lying on the east side of Lot
11 of Earl and Tates, (a.k.a. 400 Cleveland Street), subject to the retention of a utility easement
over the 5-foot alley, and approve Ordinance Number 7541-05 on first reading, (VAC2005-16,
400 Cleveland, LLC),
Summary:
The applicant is seeking this vacation in order to prepare the subject property for redevelopment
into a mixed use development to be known as "Acqua at the Downtown Plaza". The
redevelopment project will be a mix of condominiums, retail, restaurant, movie theatre and an
existing bank.
Bright House Networks has no objection to the proposed vacation request.
Knology, Progress Energy and Verizon have no objections provided that the developer pays all
costs related to the relocation of their facilites.
The property owner has agreed to pay all reasonable costs associated with relocation of exising
utilities.
The City of has water and sewer facilities which will be relocated as needed at the developer's
cost.
Review of a flexible development case for this project is scheduled for consideration by the
Community Development Board on November 15, 2005.
Public Works Administration has no objections to the vacation requested provided an easement
is retained over the 5-foot alley.
Originating: Engineering
Section Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearing: Yes
Advertised Dates: 11/13/2005
11/20/2005
Financial Information:
Review Approval
Glen Bahnick
11-07-2005
15:29:49
Cvndie Goudeau
11-22-2005
14:28:40
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Cover Memorandum
Michael Ouillen
11-08-2005 09:07:24
Garrv Brumback
11-22-2005 13:35: 12
Bryan Ruff
11-17-2005 10:44:47
Bill Horne
11-22-2005 14:23:41
ORDINANCE NO. 7541-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE ALLEYWAY LYING NORTH OF
LOTS 1 THROUGH 6, INCLUSIVE AND SOUTH OF LOTS 7
AND 8, EARL AND TATE'S SUBDIVISION, TOGETHER
WITH A FIVE-FOOT ALLEY LYING ALONG THE WEST
PROPERTY LINE OF LOT 11 OF EARL AND TATE'S
SUBDIVISION, SUBJECT TO A DRAINAGE AND UTILITY
EASEMENT WHICH IS RETAINED OVER THE FULL
WIDTH OF THE FIVE-FOOT ALLEY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, 400 Cleveland, LLC, owner of real property adjoining the alley
described herein, has requested that the City vacate the alley depicted in Exhibit A
attached hereto; and
WHEREAS, the City Council finds that said alley is not necessary for municipal
use and it is deemed to be to the best interest of the City and the general public that the
same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
The alleyway lying north of Lots 1 through 6, inclusive and south of Lots 7
and 8 of Earl and Tate's Subdivision, as recorded in Plat Book 1, Page 20,
Public Records of Hillsborough County, Florida of which Pinellas County
was formerly a part, together with a 5-foot alley lying along the west
property line of Lot 11 of said Earl and Tate's Subdivision
is hereby vacated, closed and released, and the City of Clearwater releases all of its right,
title and interest thereto, except that the City of Clearwater hereby retains a drainage and
utility easement over the full width of the 5-foot alley for the installation and maintenance
of any and all public utilities thereon.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Ordinance No. 7541-05
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PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
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Ordinance No. 7541-05
Location Map: 400 Cleveland, LLC
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Vacate the 10-foot alley lying along the rear (south) property
lines of lots 7 and 8.
Ordinance 7541-05 Drawn By:
DWG. NO V AC 2005-16 Grid #
S.K.
2868
Reviewed By: S.D. Scale: N.T.S
S - T - R 16-29s-15e Date: 10/14/05
Exhibit A Map: 400 Cleveland, LLC
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Vacate the 1 O-foot alley lying along the rear (north) property
lines of lots 1 thru 6
Ordinance 7541-05
Drawn By:
S.K.
2868
Reviewed By: S. D. Scale: 1" = 1 00 ft
S-T-R 16-29s-15e Date: 10/17/05
DWG. NO V AC 2005-16 Grid #
guY
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City Council
Cover Memorandum
Tracking Number: 1,780
Actual Date: 12/01/2005
Subject / Recommendation:
Pass Ordinance 7564-05 on first reading, amending Ordinance No. 7515-05, which
established the Clearwater Cay Community Development District pursuant to Chapter 190,
Florida Statutes, to correct Exhibit A., legal description.
Originating: City Attorney
Section Administrative publiC hearings
Category: Code Amendments, Ordinances and Resolutions
Public Hearino: Yes
Advertised Dates: 11/28/2005
12/04/2005
Financial Information:
Review Approval
Pam Akin
11-28-2005
11 :39:31
Cvndie Goudeau
11-28-2005
13:02:48
ORDINANCE NO. 7564-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE 7515-05, WHICH ESTABLISHED
THE CLEARWATER CAY COMMUNITY DEVELOPMENT
DISTRICT PURSUANT TO CHAPTER 190, FLORIDA
STATUTES TO CORRECT EXHIBIT A, LEGAL
DESCRIPTION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 7515-05, establishing the Clearwater Cay
Community Development District was adopted by the Clearwater City Council on
September 15, 2005; and
WHEREAS, it was subsequently determined that Exhibit A to Ordinance No.
7515-05, which described the external boundaries of the District, was incorrect; now,
therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Exhibit A of Ordinance No. 7515-05, describing the external
boundaries of the Clearwater Cay Community Development District is hereby replaced with
Exhibit A attached hereto
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7564-05
~
Cloud - CC COD Le al 09-28-2005.doc
CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT
A parcel of land in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County,
Florida, being more particularly described as follows:
Commence at the Southwest corner of said Section 20; thence along the South line of said
Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway
19 and the POINT OF BEGINNING; thence N01026'21"E, along said East right of way line, a
distance of 350.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a
distance of 175.00 feet to the Southeast corner of property conveyed in Official Records Book
13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"E, along
the East line of said property, a distance of 200.00 feet to the Northeast corner of said property;
thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East
right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a
distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book
13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019'48"E, along
the South line of said property, a distance of 210.24 feet to the Southeast corner of said property;
thence N01026'21"E, along the East line of said property, a distance of 179.82 feet to the
Northeast corner of said property; thence N89019'48"W, along the North line of said property, a
distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E,
along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of
885.00 feet; thence S01026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of
263.00 feet; thence S01026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of
12.00 feet; thence S01026'21"W, a distance of 349.37 feet to said South line of Section 20 and
the North line of said Section 29; thence S89019'48"E, along said South line and North line, a
distance of 11.39 feet to Northeast corner of property conveyed in Official Records Book 1 0769,
Page 1415 of the Public Records of Pinellas County, Florida; thence SOo027'22"E, for 43.51 feet
to the Northwest corner of property conveyed in Official Records Book 13805, Page 313 of the
Public Records of Pinellas County, Florida, said corner also being a point of intersection with a
non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial
bearing SOo027'51"E, and having a radius of 35.00 feet, a central angle of 14051'42", an arc
length of 9.08 feet and a chord bearing S83002'00"E, for 9.05 feet to the point of reverse
curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a
radius of 35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a chord bearing
S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the
point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along
the arc of said curve with a radial bearing NOo040'13"E, and having a radius of 55.50 feet, a
central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for
95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence
Southeasterly along the arc of said curve with a radial bearing N61056'04"E, and having a radius
of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing
S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the
North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle
of 56040'40", an arc length of 123.65 feet and a chord bearing N77"25'43"E, for 118.67 feet to the
point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the
arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of
2.80 feet and a chord bearing N49021 '15"E, for 2.80 feet to the point of intersection with a non-
tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent
curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial
bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'04", an arc
length of 3.49 feet and a chord bearing N47056'19"E. for 3.49 feet to the point of reverse
curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said
curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet
and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E,
for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence
Tom Cloud - CC COD Le al 09-28-2005.doc
P
S78023'09"E, for 24.44 feet; thence S11052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80
feet; thence N10051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence
N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet;
thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet;
thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve
concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a
central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for
43.47 feet to the point of reverse curvature with a curve concave to the South; thence
Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of
36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the
point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc
of said curve, having a radius of 54.00 feet, a central angle of 87"13'09", an arc length of 82.20
feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for
189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'OO"W, for 1333.52 feet; thence
S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with
a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve
with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of
13022'27", an arc length of 368.22 feet and a chord bearing S30042'35"W, for 367.38 feet to the
point of intersection with a non-tangent line; thence N89004'26"W, for 829.18 feet to the
Southeast corner of property conveyed in Official Records Book 10769, Page 1415 of the Public
Records of Pinellas County, Florida; thence N89021'OO"W, along the South line of said property,
a distance of 635.75 feet to said East right of way line of U.S. Highway 19; thence NOo051'16"E,
along said East right of way line, 627.67 feet to the said POINT OF BEGINNING;
LESS AND EXCEPT the following described parcel:
A parcel of land lying in the Southwest 1/4 of the Southwest 1/4 of Section 20, Township 29
South, Range 16 East, Pinellas County, Florida, per Official Records Book 9527, Page 480,
Public Records of Pinellas County, Florida, being more particularly described as follows:
Commence at the Southwest corner of said Section 20 and run South 89019'48" East, 100.00
feet to the East right-of-way line of U.S. Highway 19; thence North 01026'21" East along said East
right-of-way line, 5.00 feet to the POINT OF BEGINNING; thence continue North 01026'21" East,
along said East right-of-way line, 345.00 feet; thence South 89019'48'''' East, 252.55 feet; thence
South 01026'21"" West, 345.00 feet; thence North 89019'48" West, 252.55 feet to the POINT OF
BEGINNING.
Overall property containing 49.439 acres, more or less.
Prepared by:
PBS&J
482 South Keller Road
Orlando, FL 32810
September 28, 2005
101501.040203
LEGAL DESCRIPTION
CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT
Page 2 of 2
.~C_. ~ ''-\
Thomas A. Cloud, Esquire
RECEIVED
.NOV 282005
ClTY ATTORNEY
SUITE 1400
301 EAST PINE STREET (32801)
POST OFFICE Box 3068
ORLANDO, FL 32802-3068
TEL 407-843-8880
FAX 407-244-5690
gray-robinson.com
CLERMONT
KEY WEST
LAKELAND
MELBOURNE
ORLANDO
TALLAHASSEE
TAMPA
GRAylROBINSON
ATTORNEYS AT LAW
407-244-5624
TCLOUD@GRAY-ROBINSON.COM
November 22, 2005
VIA E-MAIL & U.S. MAIL
Pamela Akin, Esquire
City Attorney, City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
Re: Clearwater Cay Community Development District
Dear Pam:
I am in receipt of the letter you received from Bruce Robbins. I have been asked by
Scott Callahan to respond. Mr. Robbins is in error on virtually all counts in his letter.
First, we are of the opinion that the declaration permits the inclusion of the five-foot strip
within the boundaries of the District insofar as the developer has the ability to conduct all
operations on the condominium property it deems necessary to market or sell units. Second,
the Grand Bellagio at Baywatch Condominium Association is not transferring in any way, shape
or form the five-foot strip of land. Third, the District is not going to tax or assess the five-foot
strip of land. Fourth, neither the District nor the condominium association shall be materially
altering or making substantial additions to the common elements or to the real property which is
the association property. The use of the five-foot strip is going to remain the same as it is today.
Therefore, there has been no violation of Section 718.113, Florida Statutes. It was our
position at the hearing that created the District originally, as it is our position today, that there is
simply no legal requirement to obtain unit owner approval for this matter. In any event, as you
know, the only reason for this follow-up hearing is to clarify beyond any doubt that the
gatehouse is not included in the District. If you need anything else whatsoever to respond to
this matter, please let me know. I am also enclosing a copy of Scott'~ previous letter to you
regarding this matter for your ready reference. I don't think Mr. Robbins has raised any issue
that isn't also addressed in Scott's letter.
Very truly yours,
~a.~
Thomas A. Cloud, Esquire
GrayRobinson, P.A.
[Signed in Mr. Cloud's absence to prevent delay]
T AC/jg
Enclosure
\40525\1 - # 444489 v1
GRAvRoBINSON
PROFESSIONAL ASSOCIATION
Pamela Akin, Esquire
November 22, 2005
Page 2
cc:
Scott Callahan, Esquire
Dave Clark
\40525\1 - # 444489 v1
(via e-mail)
(via e-mail)
ATTORNEYS AND COUNSELORS AT LAW
RECEIVED
NOV 2 8 2005
CiTY ATTORNEY
STUMP, STOREY, CALLAHAN,
DIETRICH & SPEARS, P.A.
JOHN R. STUMP
W. SCOTT CALLAHAN
D. PAUL DIETRICH II
37 N, ORANGE AVENUE, SUITE 200
ORLANDO, FLORIDA 32801
POST OFFICE BOX 3388
ORLANDO, FLORIDA 32802-3388
TELEPHONE: (407) 425-2571
FACSIMILE: (407) 425-0827
TODD K. NORMAN
CORY L. TAYLOR"
DAVID S. HARRIGAN
JEFFREY W. DAY'"
ELIZABETH A. BAKER
OF COUNSEL
DOUGLAS C. SPEARS'
PHILIP D. STOREY
RICHARD F. WALL
E-MAIL: WSC@STUMPLAW.COM
'Board Certified Civil Trial Lawyer
"Also licensed in Kansas and Missouri
"'Also licensed in Virginia
September 15, 2005
VIA E-MAIL
City Council
CITY OF CLEARWATER
112 South Osceola Avenue
Clearwater, FL 33756
Re: Response to Objection to Ordinance No. 7515-05 relating to the Clearwater Cay
Community Development District filed by Mirko Majkic dated September 9, 2005
Dear Council Members:
I represent DC703, LLC in connection with its petition to create the Clearwater Cay
Community Development District and have been asked to respond to the objection filed by Mr.
Majkic. The principal complaint raised by this objection is that David Schwarz, as President of the
Grand Bellagio at Baywatch Condominium Association (the "Association"), did not have the authority
to sign the Joinder to Petition to Establish Community Development District and the related Affidavit
to Authorize Agent, both of which were presented to you at the hearing on September 1, 2005. This
Joinder and Affidavit relates to a five (5) foot strip of land that runs adjacent and parallel to Bellaire
Road. The purpose of the Joinder was to include that five (5) foot strip within the boundary of the
District. As we have emphasized, there is no adverse consequence of including this strip in the District
to the residents of the Grand Bellagio at Baywatch Condominium. They will not have to pay
assessments or otherwise participate in the expenses of the District. In fact, despite the concerns raised
by a few of the Bellagio residents, the Bellagio Condominium will operate in exactly the same manner
after the formation of the District as it does now. With those concepts in mind, it is unclear why this
new objection was raised.
Notwithstanding that, let me address the specifics of the Objection. Under Article V, Section 2
of the Bylaws of the Association, the President has the "powers and duties usually vested in the office
ofthe president.. . and shall execute deeds, contracts and other instruments in the name of and on behalf
of the Association." Under this provision, Mr. Schwarz had the authority to sign these documents.
This is further permitted under the Articles of Incorporation, Article VII, Section 1., which permits
duties such as this to be delegated by the Board of Directors of the Association to the Association's
officers, which has been done in this instance. All action that needed to be taken before these
documents were signed were taken, making them valid. Furthermore, despite assertions to the
City Council
CITY OF CLEARWATER
September 15, 2005
Page 2
contrary, a vote of the members is not necessary to approve this action under either the Statute or the
Organizational Documents governing the Association.
In addition, the Developer, who also controls the Association, has the authority to allow this
five (5) foot strip to be included in the District without the approval of the Association. The
Declaration of Condominium for the Grand Bellagio at Baywatch Condominium contains Article 22 -
Developer's Privileges, Section C., which permits the Developer to conduct all operations on the
Bellagio Condominium Property it deems necessary to allow the Developer to market, sell and lease
units within the Condominium. This provision clearly allows the Developer to include this five (5)
foot strip within the District without the Association's permission.
It is therefore clear that the five (5) foot strip is properly included within the District by the
action taken by both the Association and the Developer.
Please let me know if you have any questions regarding these items.
Very truly yours,
W. Scott Callahan
/WSC
U:\WSC-Client Directory\1837\041253\response to objection,doc
P-.e'. g ~\
ORDINANCE NO. 7564-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE 7515-05, WHICH ESTABLISHED
THE CLEARWATER CAY COMMUNITY DEVELOPMENT
DISTRICT PURSUANT TO CHAPTER 190, FLORIDA
STATUTES TO CORRECT EXHIBIT A, LEGAL
DESCRIPTION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 7515-05, establishing the Clearwater Cay
Community Development District was adopted by the Clearwater City Council on
September 15, 2005; and
WHEREAS, it was subsequently determined that Exhibit A to Ordinance No.
7515-05, which described the external boundaries of the District, was incorrect; now,
therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Exhibit A of Ordinance No. 7515-05, describing the external
boundaries of the Clearwater Cay Community Development District is hereby replaced with
Exhibit A attached hereto
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
, 11
if ~/[
Pamel K. Akin
City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7564-05
1
I Tom Cloud- CC COO LegaI09-28-2005.doc
Page'1
CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT
A parcel of land in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County,
Florida, being more particularly described as follows:
Commence at the Southwest corner of said Section 20; thence along the South line of said
Section 20, S89019'48"E, a distance of 1 00.Q1 feet to the East right of way line of U.S. Highway
19 and the POINT OF BEGINNING; thence N01 026'21 "E, along said East right of way line, a
distance of 350.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a
distance of 175.00 feet to the Southeast corner of property conveyed in Official Records Book
13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"E, along
the East line of said property, a distance of 200.00 feet to the Northeast corner of said property;
thence N89019'48"W, along the North line of said property, a distance of 175.00 feet to said East
right of way line of U.S. Highway 19; thence N01 026'21 "E, along said East right of way line, a
distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book
13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019'48"E, along
the South line of said property, a distance of 21 0.24 feet to the Southeast corner of said property;
thence N01"26'21"E, along the East line of said property, a distance of 179.82 feet to the
Northeast corner of said property; thence N89019'48"W, along the North line of said property, a
distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E,
along said East right of way line, a distance of 361,95 feet; thence S89026'50"E, a distance of
885.00 feet; thence S01026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of
263.00 feet; thence S01 026'21 "W, a distance of 246.00 feet; thence N89019'48"W, a distance of
12.00 feet; thence S01026'21"W, a distance of 349.37 feet to said South line of Section 20 and
the North line of said Section 29; thence S89019'48"E, along said South line and North line, a
distance of 11.39 feet to Northeast corner of property conveyed in Official Records Book 1 0769,
Page 1415 of the Public Records of Pinellas County, Florida; thence SOo027'22"E, for 43.51 feet
to the Northwest corner of property conveyed in Official Records Book 13805, Page 313 of the
Public Records of Pinellas County, Florida, said corner also being a point of intersection with a
non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial
bearing SOo027'51"E, and having a radius of 35.00 feet, a central angle of 14051'42", an arc
length of 9.08 feet and a chord bearing S83002'00"E, for 9.05 feet to the point of reverse
curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a
radius of 35.00 feet, a central angle of 13043'39", an arc length of 8.39 feet and a chord bearing
S82027'58"E, for 8.37 feet to the point of tangency; thence S89019'48"E, for 111.84 feet to the
point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along
the arc of said curve with a radial bearing NOo040'13"E, and having a radius of 55.50 feet, a
central angle of 118044'08", an arc length of 115.01 feet and a chord bearing N31 018'08"E, for
95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence
Southeasterly along the arc of said curve with a radial bearing N61056'04"E, and having a radius
of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing
S51008'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the
North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle
of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the
point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the
arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of
2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-
tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent
curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial
bearing N40043'39"W, and having a radius of 74.87 feet, a central angle of 02040'04", an arc
length of 3.49 feet and a chord bearing N47"56'19"E, for 3.49 feet to the point of reverse
curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said
curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet
and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E,
for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence
Exhibit "A"
S78'23'09"E, for 24.44 feet; thence S11 '52'40"E, for 9.10 feet; thence N79'23'05"E, for 49.80
feet; thence N10'51'19"W, for 1 0.82 feet; thence N42027'28"E, for 66.63 feet; thence
N35'48'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet;
thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet;
thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve
concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a
central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for
43.47 feet to the point of reverse curvature with a curve concave to the South; thence
Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of
36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the
point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc
of said curve, having a radius of 54.00 feet, a central angle of 87"13'09", an arc length of 82.20
feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for
189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'00"W, for 1333.52 feet; thence
S89'19'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with
a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve
with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of
13022'27", an arc length of 368.22 feet and a chord bearing S30'42'35"W, for 367.38 feet to the
point of intersection with a non-tangent line; thence N89004'26"W, for 829.18 feet to the
Southeast corner of property conveyed in Official Records Book 1 0769, Page 1415 of the Public
Records of Pinellas County, Florida; thence N89'21 'OO"W, along the South line of said property,
a distance of 635.75 feet to said East right of way line of U.S. Highway 19; thence NOo051 '16"E,
along said East right of way line, 627.67 feet to the said POINT OF BEGINNING;
LESS AND EXCEPT the following described parcel:
A parcel of land lying in the Southwest 1/4 of the Southwest 1/4 of Section 20, Township 29
South, Range 16 East, Pinellas County, Florida, per Official Records Book 9527, Page 480,
Public Records of Pinellas County, Florida, being more particularly described as follows:
Commence at the Southwest corner of said Section 20 and run South 89'19'48" East, 100.00
feet to the East right-of-way line of U.S. Highway 19; thence North 01026'21" East along said East
right-of-way line, 5.00 feet to the POINT OF BEGINNING; thence continue North 01026'21" East,
along said East right-of-way line, 345.00 feet; thence South 89019'48'''' East, 252.55 feet; thence
South 01026'21"" West, 345.00 feet; thence North 89019'48" West, 252.55 feet to the POINT OF
BEGINNING.
Overall property containing 49.439 acres, more or less.
Prepared by:
PBS&J
482 South Keller Road
Orlando, FL 32810
September 28, 2005
101501.040203
LEGAL DESCRIPTION
CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT
Page 2 of 2
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City Council
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Tracking Number: 1,768
Actual Date: 12/01/2005
Subject / Recommendation:
Continue adoption of Ordinance 7543-05 on second reading, amending Sections 6.21 and
6.31(4), Code of Ordinances, relating to alcoholic beverages and open alcohol containers, to
December 15, 2005.
Originating: City Attorney
Section Second Readings - public hearing
Category: Other
Financial Information:
I'iQ.e.;. Oth e r
Review Approval
Cvndie Goudeau
11-21-2005
16:06: 14
City Council
Cover Memorandum
Tracking Number: 1,769
Actual Date: 12/01/2005
Subject / Recommendation:
Continue adoption of Ordinance 7388-05 on third reading, amending the comprehensive plan of
the city by amending the Future Land Use Element by adding the Resort Facilities Overlay (RFO)
future land use as a land use map classification; replacing references to the 1995 Clearwater
Downtown Redevelopment Plan with the 2004 Clearwater Downtown Redevelopment Plan; and
by deleting policies regarding the mixed-use zoning district, to December 15, 2005.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Other
Financial Information:
~ Other
Review Approval
Cvndie Goudeau
11-21-2005
16:06:52
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City Council
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Tracking Number: 1,770
Actual Date: 12/01/2005
Subject / Recommendation:
Continue adoption of Ordinance 7459-05 on second reading, amending the future land use plan
element of the comprehensive plan of the city, to change the land use designation for certain
real property whose post office address is 137 Fernwood Avenue, from Institutional to
Residential Medium, to December 15, 2005.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Other
~ Other
Financial Information:
Review Aooroval
Cvndie Goudeau
11-21-2005
16:07:38
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City Council
Cover Memorandum
Tracking Number: 1,771
Actual Date: 12/01/2005
Subject / Recommendation:
Continue adoption of Ordinance 7460-05 on second reading, amending the Zoning Atlas of the
city by rezoning certain real property whose post office address is 137 Fernwood Avenue, from
Institutional (I) to Medium Density Residential (MDR), to December 15, 2005.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Other
financial Information:
~ Other
Review Approval
Cvndie Goudeau
11-21-2005
16:08:25
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City Council
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Tracking Number: 1,772
Actual Date: 12/01/2005
Subject / Recommendation:
Continue adoption of Ordinance No. 7449-05 on second reading, amending the Community
Development Code by amending Article 2, Zoning Districts; and amending Article 3,
Development Standards, to December 15, 2005.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Other
~ Other
Financial Information:
Review Approval
Cvndie Goudeau
11-21-2005
16:09:00
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Cover Memorandum
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Tracking Number: 1,731
Actual Date: 12/01/2005
Subject / Recommendation:
Award a contract to Pierce Manufacturing Inc. of Appleton, WI. in the amount of $884,380.00 for
the purchase of one(l) new Pierce 100' Aerial Tiller Apparatus in accordance with sec. 2.564 -
(l)(b)and e). Pierce will also provide two(2) new 100' Aerial Platform Apparatus to be exchanged
for two(2) existing Pierce Skyarm Platform Apparatus at no additional cost.
Summary:
. The FY2005/2006 CIP provides funding for the replacement of the Sutphen apparatus in the
amount of $850,000.000 to be funded from Penny for Pinellas Funds.
. The difference of $34,380.00 between the cost of the apparatus and Penny for Pinellas funding
will be provided by savings within the Fire Department Budget. A first quarter budget amendment
will transfer $34,380.00 from the Fire Department operating budget to 315-91254, Ladder Truck.
. The Department has (2) Pierce Skyarm Platform Aerial Apparatus purchased in 2000 and 2003.
Both vehicles have become maintenance intensive requiring frequent repairs and extended
downtime.
. The Department has one reserve aerial apparatus a 1987 Sutphen 100' Aerial which has
exceeded its recommended service life.
. A Tiller type of aerial apparatus provides exceptional turning radius capability, enhanced storage
capability and lower vehicle profile and will significantly up-grade the abilities of the unit it
replaces.
. The replacement of the Department's (2) Pierce Skyarm apparatus with (2) new 100' Aerial
Platform Apparatus will greatly increase the lifespan of the Department's aerial fleet.
. All aerial apparatus will meet the current NFPA 1901 recommendations and will maintain design
and operational features consistent with the department's needs.
Originating: Fire and Rescue Department
Section: Consent Agenda
Cateoorv: Basic Purchasing item
Financial Information:
~ Capital Expenditure
Bid Required? No
Bid Exceotions:
Other Government Bid
Other Contract?
Not applicable
tel
City Council
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In Current Year Budget?
Yes
Budoet Adjustment:
Yes
Budget Adjustment Comments:
Noted in summary.
Current Year Cost:
$884,380.00
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$884,380.00
Appropriation Code(s)
315-91254-564000-522-000
Amount
$884,380.00
Comments
Penny for Pinellas/General Fund revenue
Review Aooroval
Jamie Geer
George McKibben
11-14-2005 15:56:28
11-16-2005 15:39:25
11-18-2005 14:36:51
11-14-2005 16:13:23
11-18-2005 13:30:25
11-18-2005 15:50:42
11-15-2005 08:09:27
11-18-2005 15:56:52
Jamie Geer
Garry Brumback
Jamie Geer
Tina Wilson
Bill Horne
Sue Diana
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PROPOSAL FOR FURNISHING FIRE APPARATUS
Clearwater Fire & Rescue
610 Franklin St.
Clearwater, FL 33758
September 14 , 2005
The undersigned is prepared to manufacture for you, upon an order being placed by you, for final
acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisconsin, the apparatus and
equipment herein named and for the following prices:
Two (2) Pierce 100' Platforms. Reference bid #3316
One (1) Pierce 100' Medium Duty Tiller Reference bid #3319
$ 884,380.00
Pierce will exchange the two (2) current Skyarm Platforms
for two (2) 100' Pierce Aerial Platforms. The trade will be
an even exchange of apparatus if a third unit is purchased
at the same time the two are traded in.
The price for the third unit is $884,380.00. (100' Tiller)
Pierce will require the Clearwater Fire Dept to be responsible
for an aerial certification test prior to the trade of the
vehicles. Pierce will also require that all components on the
truck be in working order at the time of the trade.
Total $ 884,380.00
Said apparatus and equipment are to be built and shipped in accordance with the specifications
hereto attached, delays due to strikes, war, or intentional conflict, failures to obtain chassis, materials, or
other causes beyond our control not preventing, within about 8-9 mos working days after receipt of this
order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at
TIle City of Clearwater Fire Dept.
The specifications herein contained shall form a part of the final contract, and are subject to
changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the
company of the order to purchase, and provided such alterations do not materially affect the cost of the
construction of the apparatus.
The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT)
rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA)
Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer
specifications. Any increased costs incurred by first party because of future changes in or additions to said
DOT or NFP A standards will be passed along to the customers as an addition to the price set forth above.
Unless accepted within 30 days from date, the right is reserved to withdraw this proposition.
PIERCE MANUFACTURING, INC.
By: ~)7~
~ALES REP T A TIVE
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.
For a smoother ride, better handling and
increased stopping power, TAK-4'M independent
suspension comes standard on the rear tiller.
The tractor drive axle is available in either a
single or tandem configuration to comply with
stringent weight law restrictions.
And this rig is built on a super strong foundation.
The upper and lower plates of the chassis C-channel
frames are certified at 80,000 psi yield strength.
And when you arrive on the scene, you've got as much
. gear as you can pack into nearly 500 cubic feet e
space depending on the model - a total of 495 feet on
the standard configuration to be exact. L
flexibility allows for up to 250 feet of ground
meet your department's needs.
The Heavy Duty Tiller delivers a rated load of
in winds up to 50 mph and allows 100 lbs. of
firefighting equipment at the ladder tip, at all
full extension from _50 to +750 without re
load capacity. The Medium Duty Tiller delivers
load of 250 Ibs. with full extension from _50 to
a 500 lb. rated load capacity of +400 to +800
deliver 1,000 gpm while fully extended, at all
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ater
City Council
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Tracking Number: 1,733
Actual Date: 12/01/2005
Subiect / Recommendation:
Accept and approve a Land Water Conservation Fund Program (LWCF) Project Agreement for the
Myron A. Smith Bayview Park project, in the amount of $200,000, between the State of Florida
Department of Environmental Protection and the City of Clearwater and authorize the appropriate
officials to execute same.
Summary:
The City has been awarded a LWCF grant of $200,000 to assist and enhance in the construction of
the Myron A. Smith Bayview Park Project.
The project includes a multi-purpose trail (which is being upgraded to a crushed shell), picnic
facilities, canoe launch, observation deck, landscaping, parking and other
related support facilities.
The City's match of $200,000 is currently budgeted in Capital Improvement Project 315-93129.
The match of $200,000 was provided by a 2005 first quarter amendment from the General Fund.
Funds for the maintenance of the park have already been included in FY2005/06 operating
budget.
A copy of the agreement is available for review in the Official Records and Legislative Services
Department.
Originating: Parks and Recreation
Section: Consent Agenda
Categorv: Agreements/Contracts - with cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
~ Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Receipt of a Land Water Conservation Fund Grant
In Current Year Budget?
Yes
City Council
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Budget Adiustment:
Yes
Budoet Adjustment Comments:
2005 first quarter amendment from General Fund
Current Year Cost:
$400,000.00
For Fiscal Year:
10/01/2005 to 09/30/2006
Not to Exceed:
$400,000.00
315-93129
Amount
$200,000.00
$200,000.00
Comments
General Fund
Aooropriation Code(s)
315-93129
LWCF Grant
Review Approval
Kevin Dunbar
Laura Lipowski
11-09-2005 16:43:22
11-16-2005 09:47:20
11-16-2005 22:41:39
11-10-2005 11:16:17
11-16-2005 14:35:56
11-10-2005 16:20:25
11-17-2005 09:58:36
Cvndie Goudeau
Bill Horne
Tina Wilson
Garrv Brumback
Sue Diana
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12-00515
(LWCF Project Number)
LW515
DEP Contract Number
CFDA Number: 15.916
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FY 2005 - 2006
PROJECTAGREEMENT-DEVELOPMENT
This Project Agreement is entered into between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the
"Department"), and the CITY OF CLEARWATER, whose address is 100 S. Mvrtle
Avenue , Clearwater. Florida, 33756 (hereinafter called the "Grantee"), a local
government, in furtherance of the Mvron A. Smith Bawiew Park project, an approved
outdoor recreation project.
WHEREAS, the Department receives funds for the purpose of passing through
the agency as grants to other entities in accordance with Section 375.021 (4), Florida
Statutes; and,
WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to
receive grants for outdoor recreation and conservation; and,
WHEREAS, the Grantee has submitted Project Application number 46, which
has been approved by the Department.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Department and Grantee do hereby agree as follows:
1. This Project Agreement shall be effective upon execution of this Project
Agreement and end no later than three (3) years from the date of Agreement
execution, inclusive. The Project Agreement shall be performed in accordance
with Chapter 62D-5, Part VII, Florida Administrative Code, effective July 15, 2001
(hereinafter called the Rule); the Land and Water Conservation Fund (LWCF) Act
of 1965, Public Law 88-578, 78 Stat 897, as amended, (hereinafter called the
Program); and with general provisions for such agreements prescribed by the
United States Department of the Interior (hereinafter called the USDOI) in the
LWCF Grants-in-Aid Manual, (hereinafter called the Manual) including the CFRs
referenced below. The Manual refers to the code of federal regulations (CFRs)
applicable to this Agreement. The following table identifies several of the key
CFRs addressed in the Manual, but does not limit the Grantee to compliance with
only the CFRs identified in the table.
DEP Agreement No. LW515, Page 1 of 204DEP 55-239 (09/05)
CFR Cite Title
36 CFR 59 Land and Water Conservation Fund Program Assistance to States; Post-
Completion Compliance Responsibilities
36 CFR 800.8 Coordination With the National Environmental Policy Act
43 CFR 12 Administrative and Audit Requirements and Cost Principles for Assistance
ProQrams
43 CFR 17 Nondiscrimination in Federally Assisted Programs of the Department of
Interior
The Grantee agrees to become familiar with all provisions and comply with the
Rule and Manual, including the above-stated provisions of the CFR, which are
incorporated into this Project Agreement by reference, as if fully set forth herein.
In the event a dispute should arise between the parties concerning the intent of
any language herein contained, the same shall be resolved by the adoption of
that meaning which furthers the intent and purpose of the LWCF Act of 1965 and
the general provisions governing this Project Agreement as set forth in the
Manual. No construction shall be contrary to the requirements of any Act of
Congress or of the regulations of the Secretary of the Interior.
2. The Department has found that public outdoor recreation is the primary purpose
of the project known as Mvron A. Smith Bavview Park (Land and Water
Conservation Fund, LWCF Project Number 12-00515), hereinafter called the
Project, and enters into this Project Agreement with the Grantee for the
development of that real property, the legal description of which shall be
submitted to the Department as described in the Land and Water Conservation
Fund Program Approved Project Documentation Form, DEP Form FPS-A048.
The approved Project Application, which includes the Project Elements
(description of project, detailed budget, and anticipated deliverables), is
incorporated into this Project Agreement by reference as if fully set forth herein.
The "approved Project Application" includes only those Project Elements
approved by the Department and does not include proposed elements not
approved by the Department. Any revisions to the Project Elements as set forth
in the approved Project Application must be formally requested by the Grantee
and, if agreed upon by the Department, the modifications will be reduced to
writing in an amendment to this Agreement.
3. The Grantee shall construct, or cause to be constructed, specified public outdoor
recreation facilities and improvements consisting of the following Project
Elements: multipurpose trail, picnic facilities, canoe launch, observation
deck, landscapinQ, parkinQ, and other related support facilities.
4. The Project Elements identified in Paragraph 3 herein shall be designed and
constructed substantially in accordance with the conceptual site development
plan contained in the Project Application. Project Site facilities shall be attractive
for public use, and generally consistent and compatible with the environment.
Plans and specifications for Project Site improvements and facilities shall be in
accord with current and established engineering and architectural standards and
practices. Emphasis should be given to the health and safety of users,
DEP Agreement No. LW515, Page 2 of 204DEP 55-239 (09/05)
accessibility to the general, public, and the protection of the recreational and
natural values of the area. This site development plan may be altered by the
Grantee, o'nly after written approval by the Department. Any and all utility lines
installed within the park shall be placed underground. The Grantee shall have
the final site development plan (site engineering and architectural) prepared by a
registered architect or engineer licensed in accordance with the laws of the State
of Florida.
5.
A.
The Department shall pay the Grantee on a reimbursement basis the
eligible Grant amount not to exceed $200.000.00, which will pay said
federal Program's share of the cost of the Project. Program funding limits
are based upon the following:
Total Department (federal) Program Amount
Grantee Match Amount
Total Project Cost
$200,000.00
$200,000.00
$400,000.00
Type of Match (Cash and/or In-kind Services)
B. Within sixty (60) days after receipt of the request, the Department's Grant
Manager shall review the completion documentation and payment request
from the Grantee for the Project. If the documentation is sufficient and
meets the requirements of the Land and Water Conservation Fund
Program Required Project Completion Documentation Form, DEP Form
FPS-A051, referenced in s. 62D-5.073(7)(e)2, F.A.C., the Department will
approve the request for payment.
6. In addition to the invoicing requirements contained in paragraph 5 above, the
Department will periodically request proof of a transaction (invoice, payroll
register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant
to State and Federal guidelines (including cost allocation guidelines), as
appropriate. This information when requested must be provided within 30
calendar days of such request. The Grantee may also be required to submit a
cost allocation plan to the Department in support of its multipliers (overhead,
indirect, general administrative costs, and fringe benefits). All bills for amounts
due under this Agreement shall be submitted in detail sufficient for a proper pre-
audit and post-audit thereof. State guidelines for allowable costs can be found in
the Florida Department of Financial Service's Reference Guide for State
Expenditures at www.dbf.state.fl.us/aadir/reference Quide and allowable costs for
federal programs can be found under 48 CFR Part 31 at
http://www.access.qpo.Qov/nara/cfr/cfr-table-search.htmland OMB Circulars A-87, A-
122, A-21, at http://www.whitehouse.Qov/omb/circulars/index.html#numerical.
7. Reimbursement for travel expenses is not authorized under this Project
Agreement.
DEP Agreement No. LW515, Page 3 of 204DEP 55-239 (09/05)
8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant
and Contract Accountability Procedure, hereinafter called the Procedure and
incorporated into this Project Agreement by reference as if fully set forth herein.
All purchases of goods and services for accomplishment of the Project shall be
secured in accordance with the procurement requirements specified in 43 CFR
12.76. Expenses representing the Project costs, including the required matching
contribution, shall be reported to the Department and summarized on certification
forms provided in the Procedure. The Department and Grantee agree to use the
Procedure guidelines in accounting for LWCF funds disbursed under the Project.
The parties further agree that the principles for determining the eligible costs,
supporting documentation and minimum reporting requirements of the Procedure
shall be used.
9. Allowable indirect costs as defined in the Procedure shall not exceed 15% of the
Grantee's eligible salaries/wages. Indirect costs that exceed 15% must be
approved in advance in writing by the Department to be considered eligible
Project expenses.
10. Project funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 62D-5.069(31) of the Rule) incurred by Grantee prior to execution of
this Project Agreement as set forth in s.62D-5.073(2) of the Rule. The
Department and the Grantee fully understand and agree that there shall be no
reimbursement of Project funds by the Department for any expenditure made
prior to the execution of this Project Agreement with the exception of the
following expenditures which meet the requirements of the foregoing sections of
the Rule.
Preagreement Costs Approved:
Description of Work Performed Amount Approved
None 0
Total preagreement Costs Approved: 0
11. A.
Prior to commencement of Project development, the Grantee shall submit
the documentation required by the Land and Water Conservation Fund
Program Required Project Commencement Documentation Form, DEP
Form FPS-A050, referenced in s. 62D-5.073(7)(e) of the Rule, to the
Department. Upon determining that the documentation complies with the
Rule, the Department will give written notice to Grantee to commence the
development and approve the request for payment.
B. If Grantee does not have any of the documents incorporated by reference
in this Agreement, Grantee shall obtain them from the Department or other
official source.
DEP Agreement No. LW515, Page 4 of 204DEP 55-239 (09/05)
12. The Grantee shall obtain all required local, state and federal permits and
approvals prior to commencement of Project construction and shall certify that it
has done so to the Department by completing the Land and Water Conservation
Program Project Permitting Certification, DEP Form FPS-A052, referenced in s.
62D-5.073(7)(e)(1) of the Rule.
13. The Grantee shall complete all Project construction by the completion date
established in paragraph 1, above.
14. Project completion means the Project is open and available for use by the public.
The Project must be completed prior to release of final reimbursement.
15. 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 subcontracted, the Grantee shall similarly require each
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 final action taken.
c. Records for equipment acquired with federal funds shall be retained for
five years following final disposition.
16. In addition to the provisions contained in Paragraph 15 above, the Grantee shall
comply with the applicable provisions contained in Attachment A, Special Audit
Requirements, attached hereto and made a part hereof. A revised copy of
Attachment A, Exhibit-1, must be provided to the Grantee with each amendment
which authorizes a funding increase or decrease. The revised Exhibit-1 shall
summarize the funding sources supporting the Project Agreement for purposes
of assisting the Grantee in complying with the requirements of Attachment A. If
the Grantee fails to receive a revised copy of Attachment A, Exhibit-1, the
Grantee shall notify the Department's Grant Manager at 850/245-2501 to request
a copy of the updated information.
17. Following receipt of an audit report identifying any reimbursement due the
Department for the Grantee's noncompliance with this Project Agreement, the
Grantee will be allowed a maximum of thirty (30) days to submit additional
pertinent documentation to offset the amount identified as being due to the
Department. The Department, following a review of the documentation submitted
by the Grantee, will inform the Grantee of any reimbursement due the
Department.
DEP Agreement No. LW515, Page 5 of 204DEP 55-239 (09/05)
18. The Grantee, as an independent contractor and not an agent, representative, or
employee of the Department, agrees to carry adequate liability and other
appropriate forms of insurance. The Department shall have no liability except as
specifically provided in this Project Agreement.
19. 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 its 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 Florida
Workers' Compensation law, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for
the protection of those employees not otherwise protected.
20. The purchase of non-expendable equipment is not authorized under the terms of
this Agreement.
21. The Department's Grant Manager for the purpose of this Project Agreement, or
successor, shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
Grantee's Liaison Agent (also known as Grantee's Grant Manager), as identified
in the Project Application, or successor, shall act on behalf of the Grantee
relative to the provisions of this Project Agreement. The Grantee's Liaison
Agent, shall submit to the Department signed Project status reports every ninety
(90) days summarizing the work accomplished, problems encountered,
percentage of completion, and other information which may be requested by the
Department. Photographs to reflect the construction work accomplished shall be
submitted when the Department requests them. Any and all notices shall be
deemed effective and sufficient if sent via U.S. mail, facsimile (fax), electronic
mail, or by hand-delivery to the parties at the following addresses:
Grantee's Liaison Agent
Name: Mr. Art Kader, Assistant Director
Entity: City of Clearwater
Address: 100 S. Myrtle Avenue
City, State, Zip: Clearwater, FL 33756
Phone: 727/562-4824
SunCom Phone:
Fax: 727/562-4825
SunCom Fax:
Email: art.kader@mvclearwater.com
DEP Agreement No. LW515, Page 6 of 204DEP 55-239 (09/05)
Department's Grant Manager
Name: Collier Clark, or successor
Entity: Florida Department of Environmental
Protection
Address: 3900 Commonwealth Boulevard, MS585
City, State, Zip: Tallahassee, Florida 32399-3000
Phone: (850) 245-2501
SunCom Phone: 205-2501
Fax: (850) 245-3038
SunCom Fax: 205-3038
Email: collier.c1ark@dep.state.f1.us
22. Prior to final reimbursement, the Grantee must erect a permanent information
sign on the Project site which credits Project funding or a portion thereof, from
the Land and Water Conservation Fund Program through the USDOI and the
Department.
23. The Department and USDOI have the right to inspect the Project and any and all
records related thereto at any reasonable time.
24. This Agreement may be unilaterally canceled by the Department 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 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.
25. Prior to the closing of the Project the Department shall have the right to demand
a refund, either in whole or in part, of the LWCF funds provided to the Grantee
for non-compliance with the material terms of this Project Agreement. The
Grantee, upon such written notification from the Department, shall refund, and
shall forthwith pay to the Department, the amount of money demanded by the
Department. Interest on any refund shall be calculated and determined pursuant
to Section 55..03(1) of the Florida Statutes. Interest shall be calculated from the
date(s) of payment(s) to the Grantee by the Department to the date repayment is
made by Grantee. After closing of the Project, the Grantee may not repay the
funds but shall go through the conversion process described by the Manual and
the Rule.
26. If the United States, acting through the USDOI, the Secretary of the Interior, or
any other branch of the government of the United States, acting within the scope
of its lawful authority, should for any reason demand a refund from the
Department, in whole or in part, of the funds provided to the Grantee under the
terms of this Project Agreement, the Grantee, upon notification from the
Department, agrees to pay the refund and will forthwith repay directly to the
Department the amount of money demanded.
27. The Grantee shall comply with all federal, state and local laws, rules, regulations
and ordinances in developing this Project. The Grantee acknowledges that this
DEP Agreement No. LW515, Page 7 of 204DEP 55-239 (09/05)
requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The Grantee
further agrees to ensure that the Grantee's contract will include the requirements
of this paragraph in all subcontracts made to perform this Project Agreement.
28. Competitive open bidding and purchasing for construction of said Project facilities
or improvements shall comply with all applicable laws and the Manual. Following
completion of Project construction, the Grantee's Liaison Agent shall provide the
Department with a statement certifying that all purchases or contracts for
construction were competitively bid pursuant to applicable law and the Manual.
29. If asphalt paving is required for the Project it shall conform to the Florida
Department of Transportation's specifications for road and bridge construction.
Bid specifications, contracts and/or purchase orders of the Grantee must specify
thickness of asphalt and square yards to be paved.
30. By acceptance of the provisions of this Project Agreement, the Grantee does
hereby agree to dedicate the Project Site and all land within the Project
boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor
recreation site for the use and benefit of the public, as stated in s. 62D-5.074(1)
of the Rule. Execution of this Project Agreement by the Department shall
constitute an acceptance of said dedication on behalf of the general public of the
State of Florida. The Grantee represents that it has sufficient site control to
enable this dedication. The dedication must be promptly recorded in the county's
official public records by the Grantee and Grantee shall provide a certified copy
to the Department.
31. The Grantee agrees to operate and maintain the Project site as stated in s. 62D-
5.074(2) of the Rule. The Project site, Project-related facilities, and any future
outdoor recreation facilities developed on the Project site shall be open to the
general public for outdoor recreation use, maintained in accordance with
applicable health and safety standards, and kept in good repair to prevent undue
deterioration and provide for safe public use. The Grantee covenants that it has
full legal authority and financial ability to develop, operate and maintain said
Project-related facilities and improvements as specified within the terms of this
Project Agreement. The Grantee shall obtain Department approval prior to any
and all current or future development of facilities on the Project site, if said
development is not described in Paragraph 3 herein.
32. The Grantee shall not, for any reason, convert all or any portion of the park
for any purpose other than public outdoor recreation without prior approval
of the USDOI and the Department pursuant to Section 6(f)(3) of the LWCF
Act, the Manual, and s. 62D-5.074(3) of the Rule.
33. Failure to comply with the provisions of the Rule or the terms and conditions of
this Agreement will result in cancellation of the Project Agreement by the
Department. The Department shall give the Grantee in violation of the Rule or
this Project Agreement a notice in writing of the particular violations stating a
DEP Agreement No. LW515, Page 8 of 204DEP 55-239 (09/05)
reasonable time to comply. If the Grantee does not comply or obtain and
extension of time within the time period stated in the notice, this Project
Agreement shall be automatically terminated.
34. In the event of conflict in the provisions of the Rule, the Project Agreement and
the Project Application, the provisions of the Rule shall control over this Project
Agreement and this Project Agreement shall control over the Project Application
documents.
35. If the Department determines that site control is not sufficient under the Rule or
has been compromised, the Department shall give the applicant a notice in
writing and a reasonable time to comply. If the deficiency cannot be reasonably
corrected within the time specified in the notice, the Department shall cancel this
Project Agreement.
36. In accordance with the LWCF Act, Program funds will be made available
contingent upon an annual appropriation to each State by Congress. The State
of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation of spending authority by the Florida
Legislature. The parties hereto understand that this Agreement is not a
commitment of future appropriations.
37. A.
The Grantee certifies that no Federal appropriated funds have been paid
or will be paid 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 B, Form DEP 55-221, effective
January 2001, "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. (43 CFR Part 18)
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.
38. A.
No person on the grounds of race, religion, creed, color, national origin,
age, sex, marital status 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 Project 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
DEP Agreement No. LW515, Page 9 of 204DEP 55-239 (09/05)
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 SeNices 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 SeNices, Office of
Su pplier Diversity at (850) 487-0915.
39. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of s. 768.28,
Florida Statutes, and other statutes that provide immunity to the Department or
the State.
40. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not perform work as a grantee, 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 s. 287.017, Florida Statutes, or Category Two, for a period of
36 months from the date of being placed on the convicted vendor list.
41. A.
In accordance with Executive Order 12549, Debarment and Suspension
(43 CFR Part 12.100-.510), the Grantee shall agree and certify that
neither it, nor its principals, is presently debarred, suspend8d, 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 USDOI to the Department.
B. Upon execution of this Agreement by the Grantee, the Grantee shall
complete, sign and return a .QQQ.Y 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 C.
C. As required by paragraphs A and B above, the Grantee shall include the
language of this section, and Attachment C in all subcontracts or lower
tier agreements executed to support the Grantee's work under this
Agreement.
42. This Project Agreement has been delivered in the State of Florida and shall be
construed in accordance with the laws of Florida. Wherever possible, each
provision of this Project Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this Project
DEP Agreement No. LW515, Page 10 of 204DEP 55-239 (09/05)
Agreement shall be prohibited or invalid under applicable Florida law, such
provision shall be ineffective to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining provisions of this
Project Agreement. Any action hereon or in connection herewith shall be brought
in Leon County, Florida unless prohibited by applicable law.
43. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this Project Agreement, shall impair
any such right, power or remedy of either party; nor shall such delay or failure be
construed as a waiver of any such breach or default, or any similar breach or
default thereafter.
44. This Project Agreement is not intended nor shall it be construed as granting any
rights, privileges or interest in any third party without mutual written agreement of
the parties hereto.
45. This Project Agreement is an exclusive contract and may not be assigned In
whole or in part without the prior written approval of the Department.
46. The parties hereto acknowledge and agree that the provisions contained in
paragraphs 15, 23, 30, 31, and 32 shall survive the end date of this Agreement
established in paragraph 1.
47. This Project Agreement represents the entire agreement of the parties. Any
alterations, variations, changes, modifications or waivers of provisions of this
Project Agreement shall only be valid when they have been reduced to writing,
duly executed by each of the parties hereto, and attached to the original of this
Project Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LW515, Page 11 of 204DEP 55-239 (09/05)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed, the day and year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF CLEARWATER
By:
By:
Division Director
Division of Recreation and Parks
and State Liaison Officer
(or designee)
Printed Name
Date:
Title
Date:
FEID No.:
Address:
Office of I nformation and Recreation
Services (MS 585)
Division of Recreation and Parks
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Address:
~ V/JL-
DEP Grant Manager
Grantee's Attorney
Approved as to form and legality for
use for one year by Suzanne Brantley,
Assistant General Counsel on 9/9/05.
Attachments:
Attachment A
Attachment B
Attachment C
- Special Audit Requirements (5 pages)
- Disclosure of Lobbying Activities (2 pages)
- Certification Regarding Debarments/Suspension, etc. (2 pages)
DEP Agreement No. LW515, Page 12 of 204DEP 55-239 (09/05)
ATTACHMENT A
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 defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed 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 defined in OMB
Circular A-133, as revised.
I. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB 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-B3,
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-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-B3, 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. LW515, Attachment A, Page 1 of 120
\.
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.
I. In the event that the recipient expends a total amount of State financial 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 (1ocal governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this
Agreement indicates State financial 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 financial assistance, including State financial 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 I, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined 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 financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from 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 web site located at htto://state.fl.us/fsaa/catalog or the Governor's
Office of Policy and Budget website located at
http://www.mvflorida.comlmvflorida/government/contacts/opbOffice.html for assistance. In addition to
the above websites, the following websites may be accessed for information: Legislature's Web site
http://www.leg.state.fl.us/, Governor's Website htto://www.mvflorida.coml, 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-B3, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55-215 (01/04)
DEP Agreement No. LW515, Attachment A. Page 2 of 120
, '
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)(1) 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 (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-B3, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-B3, 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
III 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 (01/04)
DEP Agreement No. LW515, Attachment /1, Page 3 of 120
. . '
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-133, 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 financial 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. LW515, Attachment /1, Page 4 of 120
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INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee 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
subawardee 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 "Sub awardee", 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, Wash in ton, D.C. 20503.
Form DEP 55-221 (01/01)
DEP Agreement No. LW515, Attachment B, Page 2 of 2
. .
Approved by OMB
0348-0046
~
.
ATTACHMENT B
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 3 I U.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 D a. bid/offer/application D a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee
f. loan insurance year quarter
date of last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Enter Name
and Address of Prime:
o Prime 0 Subawardee
Tier. , ifknown:
Congressional District, ifknown: Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, ifknown: 9. Award Amount, ifknown:
$
10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if
(if individual, last name, first name, MI): different from No. lOa)
(last name, first name, MI):
(attach Continuation Sheet(s) SF-LLLA, ifnecessary)
11. Information requested through this form is authorized by title 31 V.S.C. Signature:
section 1352. This disclosure of lobbying activities is a material Print Name:
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 Title:
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 Telephone No.: Date:
penalty of not less than $10,000 and not more than $100,000 for each such
failure.
Federal Use Only: T Authorized for Local Reproduction
Standard Form - LLL (Rev 7 - 97)
Form DEP 55-221 (01101)
DEP Agreement No. L W515, Attachment B, Page 1 of 2
"
ATTACHMENT C
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS
DEP AGREEMENT NO: LW515
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)
Page 1 of2
DEP Agreement No. L W515, Attachment!;2, 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 Government, 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 of those 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 dcalings.
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 (01/01) Page 2 of2
DEP Agreement No. LW515, Attachment!,;;" Page 2 of 2
PD-l
City Council
Cover Memorandum
\\. .~
Trackino Number: 1,738
Actual Date: 12/01/2005
Subject / Recommendation:
Approve an agreement between THE FLORIDA COMMISSION ON COMMUNITY SERVICE, aka
VOLUNTEER FLORIDA and the CITY OF CLEARWATER renewing the AmeriCorps Clearwater
program for the period January 1, 2006 through December 31, 2006, including cash match
funding in the amount of $56,560 and authorize the appropriate officials to execute same.
- -
Summarv:
1. The Clearwater Police Department has been a participating member of the AmeriCorps
program since 1995, and for the past year has been the lead agency and grantee for AmeriCorps
Clearwater.
2. AmeriCorps Clearwater is a public safety program designed to foster citizen responsibility,
build neighborhood unity, and provide educational opportunities. Each program member provides
1,700 hours annually to promote a safer and friendlier place to live and visit and also serve as a
conduit for disseminating information to those residents and visitors who are most affected by
ongoing changes in the City.
3. The Clearwater Police Department benefits from the members' assistance with community
policing efforts and the opportunity to mentor and mold the potential police officer of the future.
Fourteen (14) full-time AmeriCorps members and one (1) AmeriCorps Program Coordinator is
assigned to the Clearwater Police Department. The AmeriCorps members are considered
volunteers who receive a living allowance/stipend of $10,600 per year.
4. A continuation funding request and application was submitted to The Corporation for National
and Community Service for Federal Assistance in the amount of $171,796 and was approved. A
first quarter budget amendment will provide the match with a transfer of $56,560 from the
Special Law Enforcement Trust Fund project 181-99331.
5. A copy of the Agreement is available for review in the Office of Official Records & Legislative
Services.
Originating: Police
Section: Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearinq: No
Financial Information:
Type: Other
Bid Required? No
Bid Exceptions:
Impractical to Bid
City Council
~g,~,~,~a c~~.~,!"..t1~,~,~!a~dum
In Current Year Budget?
No
Budoet Adjustment:
Yes
Budget Adiustment Comments:
A first quarter budget adjustment will provide the cash match with a transfer of $56,560 from the
Special Law Enforcement Trust Fund project 181-99331.
Current Year Cost:
$56,560.00
For Fiscal Year:
01/01/2006 to 12/31/2006
Total Cost:
$56,560.00
$56,560.00
Comments
First Quarter Budget Amendment
Approoriation Code(s)
181-999331-582000-521-000
Amount
Review Approval
Sid Klein
Rob Surette
11-07-2005 16:29:00
11-16-2005 09:40:23
11-18-2005 15:51:26
11-09-2005 08:06:41
11-16-2005 14:35: 13
11-10-2005 06:34:39
11-18-2005 15:55:24
Cvndie Goudeau
Bill Horne
Tina Wilson
Garrv Brumback
Sue Diana
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2005-2006 STANDARD CONTRACT
Contract 05AC051059
This agreement is made BETWEEN
The Florida Commission on Community Service
commonly referred to as Volunteer Florida
401 South Monroe Street
Tallahassee, Florida 32301
referred to herein as the "Commission"
AND
City of Clearwater, Florida
on behalf of the Clearwater Police Department
645 Pierce Street
Clearwater, Florida 33756-5400
referred to herein as the "Provider"
The Provider, to be commonly referenced as "AmeriCorps Clearwater" will utilize AmeriCorps
members in accordance with submitted proposal. In consideration of the contracted services by the
Commission and of the advantages and benefits received by the Provider by virtue of such
relationship, the receipt and adequacy of all of which considerations are hereby acknowledged,
now therefore, in consideration of the mutual covenants hereinafter set forth, the parties hereto
agree as follows:
I. PROVIDER AGREEMENTS
A. Compliance.
1. The Provider is responsible for the compliance requirements applicable to CFDA
# 94.006 Federal Programs and all applicable Florida Statutes. These
requirements are inclusive of the Provisions provided as Attachment III.
2. The Provider will rectify all compliance issues identified by the Commission in
writing within the time period set forth or all future reimbursements will be
withheld until the deficiencies are corrected. Written documentation should
include how all noted deficiencies were corrected or an acceptable justification,
action plan and timeline of compliance for any deficiencies not corrected within
the time period set forth.
B. Program Name. The Provider may not change the program name without the prior
written approval of the Commission.
C. Program Performance Measures
1. Participant Development (Intermediate Outcome): 14 AmeriCorps Clearwater
members will meet with police mentor(s) 10-15 hours per month as measured by
member timesheets. Mentoring sessions will include police ride alongs and police
assignments. After one year, mentored AmeriCorps members will demonstrate a
90% increase in their policing knowledge as measured by a higher score on the
Police and Member surveys (pre/post).
11/18/05
2. Needs and Service (Intermediate Outcome): AmeriCorps Clearwater members
will assist the School Resource Officer(s) with patrolling the school grounds at
least 3 days a week, and in the facilitation of school safety awareness seminars.
Over one year, AmeriCorps members will collectively serve 2500 hours of school
patrolling, and will assist in the facilitation of 4 school safety awareness seminars
leading to 90% of the School Administration staff and School Resource Officer(s)
feeling that the members contributed to a safer school environment as measured
by mid- and year-end surveys.
3. Strengthening Communities (Intermediate Outcome): 14 AmeriCorps
Clearwater members will support the Clearwater Police Department's efforts to
promote public safety as it relates to homeland security. After one year,
AmeriCorps members will have provided a minimum of 500 hours to conducting
safety patrols of specific "hot spot" areas, and co-facilitated 150 community
members through 2 Crime Watch seminars leading to 80% of community
members showing an increase in community safety knowledge as measured by
the hot spot inventory and community member crime watch seminar survey.
4. Strengthening Communities (End Outcome): 14 AmeriCorps Clearwater
members will assist police units in the execution of crime prevention, traffic
control, and park patrol that will result in saving valuable police officer time.
After one year, AmeriCorps members will have provided a minimum of 4,200
hours of assisting police units with non-emergency details including crime
prevention, traffic control, and park patrol that will result in saving $111,930
worth of police officer time as measured by member time sheets and the Value of
Police Officer Time Spreadsheet.
5. Strengthening Communities (Output): AmeriCorps Clearwater members will
coordinate 2 service projects related to public safety. After one year, AmeriCorps
members will have recruited 100 volunteers and coordinated 2 service projects
leading to 500 hours of volunteer service as measured by Volunteer Service Logs.
Performance Measure Objectives may be revised only with prior approval through the
Corporation for National and Community Service's Web Based Reporting System
(WBRS).
D. Budget. Both a budget and budget narrative for the delivery of services described in
this contract are provided in Attachment II.
1. Match Requirements and In-Kind Contributions
a. The Provider must provide matching funds (cash) at a mInImum of the
percentage stated in Attachment II of the total for Member costs.
b. The Provider must provide matching funds (cash) and/or in-kind contributions
at a minimum of the percentage stated in Attachment II of the total for all
other costs.
11/18/05
2. Budget Revisions. The Commission must be notified in writing of all changes
and the purposes of changes to the budget. The Commission reserves the right to
disallow any revisions.
3. Property. The Provider agrees to seek prior approval to purchase any equipment
and/or furniture not listed in Attachment II with a purchase price of $500 or more
to be reimbursed by the Commission.
E. Internet Access. The Provider agrees to provide the AmeriCorps Program Internet
access and e-mail capability as is necessary for program reporting and
communication.
F. Reporting
1. Monthly Progress Reports. All first year AmeriCorps programs are required to
complete a monthly report by the fifteenth (15th) calendar day of each month
during the contract period. The Commission reserves the right to request monthly
reports be submitted at any point during the program year.
2. WBRS Progress Reports. The Provider will submit Quarterly Progress Reports
via the Web Based Reporting System (WBRS) in accordance with the
requirements and prescribed schedule of the Commission and the Corporation for
National Service.
3. Recruitment Plan for Persons with Disabilities. The Provider will submit a
plan to recruit persons with disabilities utilizing the format provided by the
Program Accessibility Coordinator three months after contract execution.
4. Administration of Members with Disabilities Survey. The Provider will
provide a time and place for all members to complete the Commission's Survey to
Determine the Number of Persons with Disabilities Serving Florida's
Communities and ensure the survey is administered according to Commission
guidelines.
5. Review of Facilities for Readily Achievable Barrier Removal. The Provider
will conduct annually a review of their facilities, policies, procedures and
provision of service delivery to ensure any barriers preventing the potential
participation of applicants with disabilities are removed or mitigated.
6. Sustain ability Plan. The Provider will develop or update a sustainabi1ity plan in
accordance with the requirements of the Commission and Section 1. V. of this
contract.
7. WBRS FSR Reports. The Provider will submit Quarterly Financial Status
Reports using Form SF269A in WBRS.
8. WBRS Financial Reports for Reimbursement. The Provider will submit to the
Commission monthly financial reports for reimbursement consisting of a Periodic
Expense Report and Income Report. Both reports are standard forms on WBRS.
With the exception of the Final Financial Reports, all reports for reimbursement
are due within the month following the period of report. If circumstances occur
delaying the reimbursement request, an explanation should be sent to the
Commission before the reimbursement request is due.
9. Final Financial Reports for Reimbursement. The Provider agrees to submit the
FINAL REPORT OF EXPENDITURES AND INCOME for payment within
forty- five (45) calendar days after the ending date of this contract or the date of
11/18/05
contract termination, whichever is earlier. If the Provider fails to submit the final
financial reports within the specified time, all rights to payment are forfeited.
10. Supporting Documentation. The Provider will submit supporting
documentation as requested for reported expenditures. At least once during the
contract year the Commission will request a prior month's supporting
documentation.
11. Property. At the end of the contract the Provider agrees to submit a current
inventory list of all property (i.e. equipment and furniture) with a purchase price
of $500.00 or more bought with funds provided through this contract. This
property listing must include a description of the property, model number, serial
number, date of acquisition, cost, inventory number and information on the
location, condition, transfer, replacement or disposition of the property. The
Commission reserves the right to retrieve, upon termination of this contract, any
and all equipment and furniture purchased with funds provided through this
contract, or to receive repayment for funds provided through this contract used in
the purchase or any portion of such equipment or furniture.
12. Audits. The Provider agrees to provide the Commission financial and
compliance audits of the Provider with the management letter within ninety (90)
days of the end of the Provider's fiscal year and to ensure that all related party
transactions are disclosed to the auditor.
13. Other Reports. The Provider agrees to provide other reports as may be requested
by the Commission by an established deadline.
G. Staff Recruitment and Responsibilities
1. Staff positions, duties, responsibilities and the number of staff working in this
program may be revised if requested in writing by the provider and approved in
writing by the Commission, provided such revisions do not exceed original
budgeted amounts for staff. The Provider will hire and maintain 1 Full-Time
Program Director to be responsible for the overall management ofthe program.
H. AmeriCorps Member Recruitment and Responsibilities
1. Recruit a minimum of 14 AmeriCorps Members into full-time service within sixty
(60) days of implementation of this contract. The provider will recruit Members
who are representative of the community served. Members will be provided with
a living allowance of $1 0,600.00 per term of service.
2. The Provider agrees to implement the Commission approved Recruitment Plan for
Persons with Disabilities.
3. The positions, position descriptions, and number of Members serving in this
program may be revised if requested in writing by the provider and approved in
writing by the Commission.
4. A National Service Enrollment Form must be completed via WBRS for all
Members. The program should keep a hard copy of the member enrollment form
in a member file.
5. Member positions may only be revised through a Member Change of Status Form
completed via WBRS for each Member for the following conditions:
a. suspenSIOn;
b. ending service early;
c. reinstatement to service;
11/18/05
d. utilization ofthe Family Medical Leave Act; or
e. transfer to another AmeriCorps program. The program should keep a hard
copy in a member file.
6. A National Service Trust End of Term of Service/Exit Form must be completed
via WBRS for each Member upon completion of herlhis term of service. The
program should keep a hard copy in a member file.
7. The Provider will submit approved forms in WBRS within 30 days upon a
member's enrollment in, completion of, lengthy or indefinite suspension from, or
release from, a term of service.
8. The Provider will submit approved timesheets in WBRS within 30 days of payroll
period ending.
I. Partnership Development and Site Agreements
1. The Provider may enter into agreements with other private and public
organizations in the targeted communities to cooperate and coordinate the
provision of services under the terms of this contract.
2. Such partnerships may include, but are not limited to, the following agreements:
1. contributions of cash support for the services provided under the
terms of this contract
2. contributions of in-kind support for the services provided under the
terms of this contract.
3. coordination of service activities to prevent duplication of effort;
4. evaluation of service activities, Member development, etc.;
5. fundraising;
6. promotions or public relations; and
7. provision of member supervision and/or service site supervision.
3. Agreements with partners to provide Member supervision and/or service sites
must be in writing and include the following items:
a. description of services to be provided by Members;
b. designation ofperson(s) responsible for member supervision and verification
of member service hours;
c. description of prohibited member activities; and
d. other supervision or programmatic responsibilities.
4. The Provider shall include a list of its partner organizations on materials as
appropriate including;
a. brochures;
b. flyers;
c. posters; and
d. public service announcements.
J. Disaster Preparedness, Response, Recovery and/or Mitigation. The Corporation
for National Service (under agreement with the Federal Emergency Management
Agency) and the Commission (under agreement with the Florida Department of
Community Affairs Division of Emergency Management) requires the availability of
AmeriCorps Members to be assigned to provide assistance in disaster preparedness,
response, recovery, and/or mitigation activities. As part of its commitment to
community service, the provider agrees to train its members and staff to assist in disaster
preparedness, response, recovery and mitigation activities. Volunteers working with the
11/18/05
program will be given the option to participate in the training. The types of events that
could impact Florida include hurricanes, tornadoes, floods, other weather related events
and man-made events, such as hazardous materials accidents. Program members,
volunteers, and staff, based on the nature of the program, will be trained to assist with any
of the following activities: community preparedness education, shelter operations, mass
feeding, debris removal, community outreach, and other disaster recovery related
activities. Program members and volunteers may be requested to provide assistance
anywhere in the State of Florida. Provider staff and AmeriCorps Members shall serve
under the direction and control of the Provider and shall not be considered volunteers to
FEMA, DCA or DEM for purposes of Chapter lIG(N) F.S. Requests for disaster
preparedness, response, recovery and mitigation assistance will be made on behalf of
the Florida Governor's State Coordinating Officer through the Commission's Director
of Emergency Management after consulting with the state Corporation for National
Service office disaster coordinator. All related activities undertaken by a program will
be done in cooperation with the local office of emergency management. Approved
expenses incurred as a result of provider activities related to disaster preparedness,
response, recovery and mitigation would be reimbursed. According to State of Florida
and Federal regulations, non-profit entities responding in times of disaster may request
reimbursement from the Federal Emergency Management Agency. Up to 75% of
eligible expenses may be reimbursed. The State of Florida, on a disaster specific basis,
may cover the remaining 25% of eligible expenses for private non-profit entities.
Providers responding at the request of the State Coordinating Officer would be eligible
for reimbursement of disaster related expenses. The Commission will furnish the
provider with additional information about expenditure reimbursement. Training costs
will not be reimbursable unless arrangements are made in advance. The Commission
has identified low and no cost training opportunities statewide. Providers may
contact the Commission's Director of Emergency Management for specific training
questions and opportunities.
K Training and Technical Assistance. Training and/or technical assistance provided
to staff and/or AmeriCorps Members under this contract must be designed to facilitate
the improvement of the services, strengthen the development of skills and knowledge
for the staff and the AmeriCorps Members, and strengthen the communities in which
services are provided. Training and/or technical assistance may be provided directly
by the Provider, a community partner (such as a local volunteer center) or other local
resources requested from the Commission or coordinated through the Commission.
1. Staff. The Provider will ensure the provision of training and/or technical
assistance to ensure successful program implementation and operation. Required
trainings include;
a. four (4) Quarterly Program Director Meetings; and
b. two (2) disability specific trainings with the first two of a new program
directors tenure covering titles I, II and III of the Americans with Disabilities
Act. Training not provided by the Commission must be approved in advance
by Commission staff designated to oversee the Commission's disability
inclusion responsibilities.
Other suggested topics are, but are not limited to;
a. supervisory techniques;
11/18/05
b. AmeriCorps member evaluation;
c. working with the media;
d. AmeriCorps member motivation; and
e. report writing.
2. AmeriCorps Members. The Provider will ensure the provIsIOn of training
and/or technical assistance for members. Required trainings include:
a. American Red Cross-certified or comparable CPR and First Aid training; The
Provider will have all members trained or certified in CPR and First Aid.
b. diversity appreciation;
c. citizenship;
d. disability awareness and sensitivity training adhering to the Commission's
approved content.
Other suggested topics are, but are not limited to:
a. team building;
b. conflict resolution;
c. career development;
d. Life after AmeriCorps.
L. National Service Activities. The Provider will schedule and conduct a at least one
direct service activity designed for and conducted as part of the Seasons of Service,
the designated national service days of the Corporation of National Service, during
the contract period.
M. Quality Assurance and Evaluation
1. The Provider will track and document progress made toward accomplishing the
performance measures and specific deliverab1es of this contract.
2. The Provider agrees to facilitate, conduct and participate in technical assistance,
external reviews, and other continuous improvement activities related to the
servIces.
3. The Provider agrees to permit persons duly authorized by the Commission to
inspect any records, papers, documents, facilities, goods and services of the
Provider that are relevant to this contract, and/or to interview any clients,
employees, volunteers, or any other parties affiliated with the Provider to be
assured of satisfactory performance of the terms and conditions of this contract.
4. The Provider will conduct a minimum of one survey annually to examine primary
stakeholder satisfaction with the program services, including at a minimum to:
a. AmeriCorps members;
b. service recipients;
c. community residents; and
d. community partners.
5. Provide any requested information in a timely fashion in the format specified by
the Commission;
6. Facilitate contact with community agencies and lor individuals for the
Commission or its consultant;
N. Records and Documentation.
1. The Provider agrees to maintain records of deliverables, including reports and
program and participant data.
11/18/05
2. The Provider agrees to maintain fiscal records and documents (including
electronic storage media) in accordance with generally accepted accounting
principles and practices which sufficiently and properly reflect all revenues and
expenditures of funds related to this grant.
3. The Provider agrees to assure that records will be subject, at all reasonable times,
to inspection, review or audit by Commission personnel and/or individuals
authorized by the Commission.
4. The Provider agrees to allow public access to all documents, papers, letters, or
other materials subject to the provisions of Chapter 119, F.S. and made or
received by the Provider in conjunction with this contract. The Provider's refusal
to comply with this provision will constitute a breach of contract.
O. Safeguarding Information. The Provider agrees not to use or disclose information
concerning a recipient of services under this contract for any purpose not in
conformity with the state regulations (119, F.S) and federal regulations (45 CFR, Part
205.50), except upon written consent ofthe recipient or the recipient's responsible
parent or guardian when authorized by law.
P. Assignments and Subcontracts. The Provider agrees not to assign responsibility of
this contract to another party or to subcontract any portion of the work contemplated
under this contract without prior written approval ofthe Commission. No such
approval by the Commission will be deemed in any manner to provide for the
incurrence of any obligation ofthe Commission in addition to the total dollar amount
agreed upon in this contract. All such assignments or subcontracts will be subject to
the terms and conditions ofthis contract and to any conditions of approval that the
Commission may deem necessary. The Provider agrees to include audit and record
keeping requirements in all approved agreements entered into by the Provider for any
other subcontracted services in the amount of $25,000 or greater.
Q. Indemnification. Each party hereto agrees that it shall be solely responsible for the
wrongful acts of its employees and agents. However, nothing contained herein shall
constitute a waiver by either party of its sovereign immunity or the provision of
Section 768.28 Florida Statute.
R. Incident Reporting. In compliance with Chapter 415 F.S. and 39 F.S., an employee
or agent of the Provider who knows, or has reasonable cause to suspect that a child,
elder, or adult with a disability is or has been abused, neglected or exploited, shall
immediately report such knowledge or suspicion to the abuse registry operated by the
Florida Department of Children and Families on the single statewide toll-free
telephone number, 1-800-96-ABUSE (800-962-2873).
S. Sponsorship
1. The Provider agrees to, in publicizing, advertising, or describing the sponsorship
of a program funded wholly or in part by the Commission, state "Sponsored by
AmeriCorps Gadsden Reads and Volunteer Florida". If the sponsorship reference
is in written material, the words "Volunteer Florida" shall appear in the same size
letter or type as the name of the Provider.
2. The Provider agrees to incorporate the Volunteer Florida logo as appropriate on
all letterhead, brochures, newsletters, business cards, stationery, posters, flyers,
and other written and pictorial communication media for all programs funded
wholly or in part by the Commission.
11/18/05
3. The Provider agrees to notify the Communications Director of the Commission as
soon as possible when engaging in contact with the media; and to provide the
Commission's tag line to all media contacts for all programs funded wholly or in
part by the Commission.
T. Purchasing, Procurement of Materials with Recycled Content. The Provider
agrees that any products or materials that are the subj ect or are required to carry out
this contract shall be procured in accordance with the provisions of s.403. 7065 and
287.045, F.S.
U. Conflict of Interest. The Provider shall affirm that neither the Provider nor any of its
directors, officers, members or employees has any interest nor shall acquire any
interest, directly or indirectly, which would conflict in any manner or degree with
performance ofthe service hereunder. The Provider further agrees that in the
performance of the service, no person having such interest shall be employed by the
Provider.
V. Nepotism. No person may hold ajob or position with the Provider in which a
member of his /her immediate family exercises supervisory authority within the
program. A member of an immediate family includes: husband, wife, father, father-
in-law, mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, son, son-
in-law, daughter, daughter-in-law and separated spouses.
w. Sustainability. It is understood that the funding provided by the Commission for this
program is "seed money" to be used by the Provider to provide services to the
community, with the assistance of the Commission, that will eventually be continued
and managed locally with minimal federal funds or responsibility for the program.
Resources that are acquired during the course of this contract will be reported to the
Commission utilizing the WBRS Income Report.
X. Accessibility and Prohibited Discrimination. The Provider will ensure accessibility
and prohibit discrimination in accordance with AmeriCorps Provisions C. 30.
II. COMMISSION AGREEMENTS
A. Reimbursements. Complete and accurate reimbursement requests (WBRS Periodic
Expense Report and Income Report) will be processed by the Commission and
submitted to the Commission's fiscal agent, Tallahassee Community College, for
payment.
B. Technical Assistance. The Commission agrees to provide or assist the Provider in
obtaining technical assistance and training as needed by the Provider for this contract.
C. Site Visits. Following any quality assurance/continuous improvement review, the
Commission will deliver in a timely fashion to the Provider a written report with
comments and recommendations regarding the manner in which services are being
provided.
D. Contract Renewal. The Commission will notify the Provider in writing of the
submission date and requirements for the continuing application for contract renewal.
III. PROVIDER AND COMMISSION MUTUAL AGREEMENTS
A. Effective and Ending Dates. The contract shall begin January 1,2006 to December
31,2006.
B. Contract Funding Amount. The maximum amount reimbursable under this
agreement is $171,796.
11/18/05
C. Type of Contract. This will be a cost reimbursement contract. Payment for the
contracted services will be contingent upon the documented allowable expenditures
for the specified contract period. The Commission's performance and obligation to
pay for services rendered under this contract is contingent upon available funding
from the Corporation for National and Community Service and the State of Florida.
D. Ownership and Sharing of Grant Products. Unless otherwise specified, the
Provider owns and may copyright any work that is subject to copyright, including
software designs, training manuals, curricula, videotapes and other products produced
under the grant. However, the Provider may not sell any work that includes the
Commission logo without prior Commission written approval. The Provider, to the
extent possible, agrees to make products produced under this contract available at the
cost of reproduction to others in the field. The Commission retains royalty-free, non-
exclusive and irrevocable licenses to obtain, use, reproduce, publish or disseminate
products, including data, produced under this contract and to authorize others to do
so. The Commission may distribute such products through a designated
clearinghouse.
E. Contact Protocol. The primary contact for all matters relating to this program shall
be the stafflisted in Section III. I of this Contract, unless otherwise specified in
writing. The primary contact person will notify all parties in writing of alternative
contacts should he/she not be available.
F. Contract Amendments. All contract amendments will utilize the format of
Attachment I and must be signed by the Commission and the Provider.
G. Termination.
1. Termination at Will. This contract may be terminated by either party upon
no less than sixty (60) calendar days notice in writing, without cause, unless
both parties mutually agree upon a lesser time. Said notice shall be delivered
by certified mail, return receipt requested, or in person with proof of delivery.
2. Termination Because of Lack of Funds. In the event funds to finance this
contract become unavailable, the Commission may terminate the contract
upon no less than twenty-four (24) hours notice in writing to the Provider.
Said notice shall be delivered by certified mail, return receipt requested or in
person with proof of delivery. The Commission shall be the final authority as
to the availability of funds.
3. Termination for Breach. This contract may be terminated for non-
compliance and/or breach of contract by the Provider upon no less than
twenty-four (24) hours notice. If applicable, the Commission may employ the
default provision in Chapter 60A-1.006(3), FAC. Waiver of breach of any
provisions of this contract shall not be deemed to be a waiver of any other
breach and shall not be construed to be a modification of the terms of this
contract. The provisions herein do not limit the Commission's right to
remedies at law or to damages.
4. Overpayment In the event that the Commission, the Provider or an auditor
discovers an overpayment has been made, the Provider will repay the
overpayment within thirty (30) calendar days unless extenuating
circumstances are deemed to exist by the Commission.
11/18/05
H. Notice and Contact.
1. The name, address and telephone number of the Commission's Program
Consultant for the contract is:
Ericka Zdenek
401 South Monroe Street
Tallahassee, FL 32301
(850) 921-5172
ericka@volunteerflorida.org
2. The name, address, and telephone number of the representative for the
Provider responsible for the administration of the program under this contract
IS:
Rebecca Davis
AmeriCorps Program Director
Clearwater Police Department
645 Pierce Street
Clearwater, FL 33756-5400
(727) 562-4142
Rebecca.davis@myc1earwater.ocm
3. In the event that different representatives are designated by either party after
execution of this contract, notice of the name, address and telephone number
of the new representative will be rendered in writing to the other party and
said notification attached to originals ofthis contract.
I. All Terms and Conditions Included. This contract and its attachments as
referenced below contain all the terms and conditions agreed upon by the parties.
Attachment I - Contract Amendment Form
Attachment II - Budget and Budget Narrative
Attachment III - AmeriCorps Provisions
IN WITNESS THEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
PROVIDER
Signed by:
COMMISSION
Signed by:
Signature
Signature
Wendy Spencer
Chief Executive Officer
Name
Title
Date
Date
11/18/05
ATTACHMENT I
Amendment
FORMAT
This amendment is made BETWEEN
The Florida Commission on Community Service
401 South Monroe Street
Tallahassee, Florida 32301
referred to herein as the "Commission"
AND
City of Clearwater, Florida
on behalf of the Clearwater Police Department
645 Pierce Street
Clearwater, Florida 33756-5400
referred to herein as the "Provider" amends
Contract 05AC051059
1. Section _, Paragraph _ is hereby amended to read:
2. This amendment shall begin on , or on the date on which
the amendment has been signed by both parties, whichever is later.
3. All provisions in the contract and any attachments thereto in conflict with this amendment
shall be and are hereby changed to conform with this amendment.
4. All provisions not in conflict with this amendment are still in effect and are to be performed
at the level specified in the contract.
5. This amendment and all its attachments are hereby incorporated into and made a part of the
above cited contract.
IN WITNESS THEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
PROVIDER COMMISSION
Signed by: Signed by:
Signature Signature
Name Name
Title Title
Date Date
11/18/05
June 29, 2005 9:53 PM
Application 10: 05AC051 059
Section I. Program Operating Costs
A. Personnel Expenses
B. Personnel Fringe Benefits
C. Travel
Staff Travel
Member Travel
D. Equipment
E Supplies
F. Contractual and Consultant Services
G. Training
Staff Training
Member Training
H. Evaluation
I. Other Program Operating Costs
Travel to CNCS-Sponsored Meetings
Section I. Subtotal
Section II. Member Costs
A. Living Allowance
Full lime (1700 hrs)
Half lime (900 hrs)
Reduced Half lime (675 hrs)
Quarter lime (450 hrs)
Minirrum lime (300 hrs)
2nd Year of 2- Year Half lime
B. Member Support Costs
FICA for Members
Worker's Col1l>ensation
Health Care
Section II. Subtotal
Section II. Percentages
Section III. Administrative/lndirect Costs
A. Corporation Fixed Percentage
Corporation Fixed Amount
Corrmission Fixed Amount
B. Federally Approved Indirect Cost Rate
Section III. Subtotal
Section I + III. Funding Percentages
Budget Totals
Total FTEs
CostlFTE
RPT_BGT_ 424
AmeriCorps Clearwater
Clearwater Police Department
ATTACHMENT II
Budget Dates:
Total Amt CNCS Share Grantee Share
102,226 37,000 65,226
11,197 11,064 133
426 96 330
11,664 0 11,664
Total $12,090 $96 $11,994
10,291 540 9,751
Total
3,345 400 2,945
$3,345 $400 $2,945
36,495 75 36,420
0 0 0
$36,495 $75 $36,420
$175,644 $49,175 $126.469
Total
Total
149,408 105,809 43,599
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
$149,408 $105,809 $43,599
11,430 8,149 3,281
17,062 0 17,062
12,150 8,663 3,487
$40,642 $16,812 $23,830
$190,050 $122,621 $67,429
64.5% 35.5%
Total
8,759 0 8,759
1,804 1,804 0
Total $10,563 $1,804 $8,759
$10,563 $1,804 $8,759
27.4% 72.6%
$376,257 $173,600 $202,657
14.00
$12,400
Form 424A
Page 1
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ater
City Council
~g,~nda".,~.~.ver M~~"~,..~~.,!:!,~"~!!!,...........,,,,,_,,,
\\.y
Tracking Number: 1,725
Actual Date: 12/01/2005
Subject / Recommendation:
Approve the Second Amendment to the Agreement between the Southwest Florida Water
Management District and the City of Clearwater for the Kapok Wetland and Floodplain Restoration
Project for a time extension and authorize the appropriate officials to execute same. -
Summary:
The City approved the Agreement between the Southwest Florida Water Management District and
the City of Clearwater for funding for the Kapok Wetland and Floodplain Restoration Project in the
amount of $3,000,000 in January of 2002/ and subsequently approved the First Amendment for
additional funding in the amount of $500,000 for a total of $3,500,000 in February of 2004.
This Second Amendment extends the expiration date of December 31, 2005, in the original
Agreement to December 31/ 2006 and extends the date to complete construction to December 31,
2005.
The project will be complete before December 31, 2005 and the time extension for expiration of
the Agreement will allow sufficient time to request reimbursement for all allowable costs for
construction.
A copy of the Agreement is available in the Office of Official records and Legislative Services for
review.
Orioinatino: Engineering
Section: Consent Agenda
Cateoorv: Agreements/Contracts - without cost
Financial Information:
Review Aooroval
Michael Ouillen
Bill Horne
11-07-2005 09:20:35
11-16-2005 14:33:55
11-09-2005 16:25:14
11-17-2005 09:59:36
11-16-2005 09:37:35
11-16-2005 22:40:50
Garrv Brumback
Leslie Douaall-Sides
Sue Diana
Cyndie Goudeau
~: ~NG,-3>
\"2.. e.'. \ \.~
AGREEMENT NO. 02CON000065
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR THE
KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECT (W250)
This SECOND AMENDMENT entered into and effective this 31st day of October 2005, by and
between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public
corporation of the State of Florida, whose address is 2379 Broad Street, Brooksville, Florida
34604-6899, for itself and on behalf of the Pinellas Anclote Basin Board, hereinafter
collectively referred to as the "DISTRICT," and the CITY OF CLEARWATER, a municipal
corporation of the State of Florida, whose address is 112 South Osceola Avenue, Post Office
Box 4748, Clearwater, Florida 33758-4748, hereinafter referred to as the" CITY."
WITNESSETH:
WHEREAS, the DISTRICT and the CITY entered into an Agreement dated April 3, 2003, as
amended January 1, 2004, for the restoration of 37 acres of historic floodplain to its
predevelopment condition for flood control, water quality and habitat restoration; and
WHEREAS, the parties hereto wish to further amend the Original Agreement to extend the
contract period, change the DISTRICT's Project Manager, and extend the PROJECT
completion dates due to unexpected construction delays.
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties hereby mutually agree to amend the Original Agreement, dated
April 3, 2003, as amended, as follows:
1. Paragraph 1, Project Manager and Notices, is hereby amended to replace the
DISTRICT's Project Manager with Paul L. Miselis, P.E.
2. Paragraph 4, Contract Period, is hereby amended to extend the expiration date of
December 31,2005, in the Original Agreement to December 31,2006.
3. Exhibit "A," Paragraph 7, Completion Dates, is hereby amended to complete construction
by December 31 , 2005.
4. The terms, covenants and conditions set forth in the Original Agreement, (as amended),
that have not been specifically amended herein, will continue in existence, are hereby
ratified, approved and confirmed, and will remain binding upon the parties hereto.
Page 1 of 2
IN WITNESS WHEREOF, the parties hereto have executed this SECOND AMENDMENT on
the day and year set forth next to their signatures below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By:
Gene A. Heath, Assistant Executive Director
Date
Countersigned:
CITY OF CLEARWATER
By:
Frank Hibbard
Mayor-Councilmember
William B. Horne, II
City Manager
Date
Approved as to form:
Attest:
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR
KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECT TITLE (W250)
Page 2 of 2
DISTRICT APPROVAL INITIALS DATE
LEGAL
RISK MGMT N/A
CONTRACTS
RM DEPT DIR
DEPUTY EXEC DIR
GOVERNING BOARD N/A
Of-.LS -l
City Council
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Tracking Number: 1,746
Actual Date: 12/01/2005
Subject / Recommendation:
Appoint two members to the Airpark Advisory Board with the term expiring on December 31,
2009.
Summarv:
BOARD: Airpark Advisory
TERM: 4 Years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 5
CHAIRPERSON:
MEETING DATES: 1/41y, 1st Wed, 3 pm
PLACE: Chambers
APPOINTMENTS NEEDED: 2
THE FOLLOWING ADVISORY BOARD MEMBER(S) SEAT(S) NOW REQUIRE EITHER REAPPOINTMENT
FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
1. W. Bruce Miller - 1952 Clearview Lake Dr., 33755 - Original Appointment 09/06/2001
Interest in Reappointment: No
2. Donald "Scott" Armstrong - 2599 Countryside Blvd., Apt. 210, 33761 - Original Appointment
04/03/2003
Resigned - Moved to Dunedin
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
1. Norma R. Carlough - 1756 Ashton Abbey Rd., 33755 - Retired/Business
(Currently serving on EAB - 1st Term)
Interested in serving on the Airpark
2. James Hess - 1724 Sunset Point Rd., 33755 - Retired
Zip codes of current members on board:
1 at 33759
1 at 33765
1 at 33767
Originating: Official Rec and Legislative Svc
Section: Consent Agenda
Categorv: Other
Number of Hard Copies attached: 0
Public Hearino: No
I
Financial Information:
~ Other
Review Approval
Cvndie Goudeau
City Council
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11-16-2005 09:43:03
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
. \ "." ? (mu:t~ cle~rwater resident) RECEIVED
Name: N Ci=--/ll A- F-....l C t},eLl Ltc, If-
Home Add~ss: /l. _ il Office Address:
/7 <; L nsff ruu [j-,)Afy
CLf/lfbJlt I E-R.. Zio 3-37S.--~'
Telephone: (lL{ 3 ( ~~ ~ .~ 0
How long a reside~ of Clearwater?
Occupation: K f T"i /Lf:..._J\
Field of Edycation:
/, l '..s 1/\) E. ,S5;:)
NOV 02 2005
~=
10
.3lf
Telephone:
YK-S
Employer:
Other Work Experience:
If retired, former occupation: f ~ (/ DK-N' Titre., I /() ~(.JKt1^)( L. 0 il
Community Activities: -:: I I ~ o,d t: ^) T r1.- c I 0 If- Ct..t- C QL //1
PLli/,.) if()rik) Uvti1vn I G--IT /7...tIU3 ,c.../tiJ.EOIY
I
Other Interests:
Board Service (cur~ent and past):
f( i 1:) \ " r -.A-
I 'v' ~- (/C-. 0 I...; ,,I 1 ~_ (L l " L,-
Board Preference:
;r 112 ,Jf/;!.K Be) tilth
Additional Comments:
I.' ),....."
Signed: / (~~? Date: {f · d. D "
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
IJI c; r . ~....ff f..r c.;. {J L,' ~"t-1 F. ~ J {-.fl. A-
I / / '
~f-Ct (j '-'tin Ot/.3 ft., C~ C E t~UJfl r{ I./..
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S E Tl.L1 E ~ c...) G I T I ~. {'- IUS /hJ Q (:~.Q; l) /l)C. (L.. ,
2. Have you ever observed a board meeting either in person or on C-View, the City's.
TV station?
,'{ f- s -- Ii) d fI- Y 1v'a c/ ~)
k.,' A~ C IfvC'--I'-. L, c t () D u L.
/hJO - /J} Te,
,) i
r{) L.fle /L- . c> f b( ~ ii/!lJ
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3. What background and/or qualifications do you have that you feel would qualify you . ,
to serve on this Board?
. I
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trf-.) {) A c:n (/ ~ (pj LJcJ c. {) Itl r i ~ t< u) t") K.,; 12:
WrTff Tl-r[ (l., TV
4. Why do you want to serve on this Board?
I 1\)7 ~. li-l,s T t b I J Ifltv/ tvc,tf- (,l r7ler
/(\) -f 7f-L 1~{,) TZJ i-.i., Of- TH':S .m k) ~fKK. --.,
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Name: ~I 0 '<111 It- (fie Lo L( r; If- .
Lt. ,/) AA- ..1 I..
Board Name: I I I K r' l t:- Ie....
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
~
Name:-SJ Ol """'- t"' .S l.:i e ~ ~
Home Address:
I 'I ?'f S VVl <:. f> \j- Po; V\; 't'- ~
c..\eQ {'"{..jet, ~p"r Zip 33?5~
Telephone: '10{? -IfEf';;l-~~~f
How long a residentolClearwater? ? y /5-
Occupation: Re tr 'rf"rQ
Field of Education:
,l1c.tlAPYlA d'e C;
Office Address:
J/vV/ -t:
Zip
Telephone:
Employer:
Other Work Experience:
If retired, former occupation: 1..J~1:, <;~ho~/ ;r,;;~ (' t,,..~ -C.OUC-~ / 1"'.-OV1A /?urll'-f~"'.$v/~v1
Community Activities: e ifi? l"'....'~ Ac.o,cJI-e~-./ I Ci J I VIA"'~ ~ c,-!= f3;{ce -~of
.I'1?f<k-r (?/Q 1/1 -rc;.,/c /7:--yc..e, /Cvl"'t--r~~~u;:" [)/ly~~Vt:'.~ G/t40 y~k,,-
" /.,t.e..vs.~..$ he€! c/",b
Other Interests:
Board Service (current and past):
Board Preference:
A-t~ rc; ~<:'
~ n I/~ sc-/C y
,
Additional Comments:
Date: /?~/~ ,;JO~S--
.
See ached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O.
Box 4748, Clearwater, FL 3~758-4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
RECEIVED
\lOV 0 9 2005
.:lFFICfAl RECORDS AND
LEGISlATIVE SRVCS DEPT
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Jt!J H'-ri/"t" q,: c:;:; <,,""-''-......~1lI'~ jo.... q;{,r-""2 41""~ \/~~r9. yc:. ~
(-r'~/jUYC e Th'l 4;..".. ~/I~ "~5~~ Q $ v"tu,>sf-.-J
'00 C I (Oq--1(IJ"i 1,...,,- c: -J-1 6-&-1/7"'...... V'-(. ,0""" t/- t9ffic ~Ci ~
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
q Ir,(, w fiJ q /Uf pc;, j-q 1/ t? fjt, e.
V'v\. f' f' " \\.-1 f -,.~v" '\1,-.. e (:;;>t? 5 i-f=; v," v tOQ Y t' ,
o I
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
~~ :i.dl</"Ol q ,^,,( Y I:c.. 0 .,~JI',..o('L,," ..k,'/(s.
e~o VIC4 r -{ tf-P'VldJ4,VLC e ",of f'c;s ,,1- boq r~ t1A l"'~ Y,'cf ~
aP Cl., t ~ 'cF \nt:? c.-. ( c. s ,.,. l.- ,& "-^ Y '" q .- ~ 4/ t, "." \/L 't l.-t e c- "Co '6 I \ Vt a:..
/1951.;.,-- f7/QY'J e</I? ~ eI~1/@/~~
.:C he, v-e ('I"" ~V"'- q / / y
A~{' rql~v)5~"(j
4. Why do you want to serve on this Board?
I hfitre. h,,~V) c;~jOk/d{ ~V1 'lreft-c/l/1/rI-!j ~
~:~,.. f-~ tkt' c. ~ :so ;JA.f L """"'I ell/e.,.",'",
j1 ,./......,Y t?H 1 r<>,e!~r?:dv. . I ",/,<~_~_vL~ irA e
e qh/~ '" y~ I~e f?;t>r~r:{Oe.YI\""--4? q-~ c:>r V1 e/a ~ be,
(/v,' ws oI/v;t>4 y 1Vl.. Tit ~ 'FIls h y- ~~ jI' A.
Name: .J Q lIV'l. ......s I+..".$'s
Board Name: II) P:.. pq. (' /C- /I~ I '.50' r j
City Council
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Tracking Number: 1,776
Actual Date: 12/01/2005
Subject / Recommendation:
Appoint one member to the Clearwater Housing Authority Board with the term expiring on
September 30, 2009.
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: The Vincent Building, 908 Cleveland Street, Clearwater, FL 33755
APPTS. NEEDED: 1
DATE APPTS. TO BE MADE: 12/01/05
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRED AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
1. William E. Ethington - 1100 Druid Rd., E. #0904, 33756 - Original Appointment 09/07/1995
Interest in Reappointment: No (Resigned on 2/28/05)
Seat was to expire on 9/30/05
(Public Housing Resident)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
1. Luchenda N. Flemming - 1211 Sunset Point Road, 33755 - Student
Zip codes current members on board:
1 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 Hearing: No
Financial Information:
~..~
u.~
~ Other
Review Approval
Cvndie Goudeau
City Council
.,.,'_~!!_~,~~ CoY!,!:J1~~~~ra nd.":!,!!L_,,,,,,, ,',"
11-22-2005 13:50:21
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:--LLJc..hen~\e!'nMlj
Home Address:
\~\\ ~Ul\.<.~-t ~Oi('\UlYlJ
L\~('(n(}+eJ J E'~\,r\(L Zip ~755
Telephone: <::J~t) ~9-0Ioq'J
How long a resident of Clearwater? ~~
Occupation:-:5:l:ud(U) -t
_ ..._._..FJel~_of Education:
. --- -.... ---..:.--.- .._"----------"--
.Rea.L~<Tkl+e... .~a l....LI\ S5t\r 'C\+P
.ffii((,bCt)C"")QlA-\tl'" ~NI\or ~~.:~4 \,,\-
Telephone:
ypar carvL:thrt.e N\o,,4~
Employer:
Other Work Experience:
-- _. Act(V),~;s\~\:~~~is~" t --".- C ..-.-.
Ji)~n~r
. ~to\n'tS~-\-or
.J
If retired, former occupation:
Community Activities:
Office Address:
Zip
~
Other Interests: Ml1(\\\.~
Board Service (current and past):
~p~idf/\t-1\d\l\Sor~ ~\ ~\:tr
Ccurref\-t) .
IMf>rD'/t'N1~{\t and ~ \ tsk-\r-
Board Preference:
~1n;;C:::~s:7.5~t
Additional Comments:
Signed: 'g'J.J'~o.. i-~~~"9 Date:~-Q5:
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Oflficial Records & Legislative Services' Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
-_,1
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
-~p board.') s c\u\-\~ c&"A ('t~pGt\ S:1~,t-",-i(.:\ Gte... ~ fY'aV-e -
A \ ",e.rr \-'0 '10 r ~ c""'^ (j~ ;1'\ vI at\. S <>< ?" \; l:. i. s . ~ -\-\u,
\-.>U~.,,~ Q,,-Ikcibt. .
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
.1es
.:__.:J_ _-_-..-:.~_ __.--':.-:___~._____________..;...... .-:.:.- _=-----. __.___ _____-;. ..__ .. ___:_..._._
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
-.ffi~ a~;"Q'l- G~~\\ef't" (1'> al'l ~~"t"";~j
. ~~;;{!C:~~~~~i=:~e~ ~:~~:~:;: ~
~~ 'CollcA.
4. Why do you want to serve on this Board?
l\
\
c-rV'~c'clQ'w~a..t ~v-<r T e..a.r\
:':0 U (' \-\~~ -\-e)'"-Jf\ 0\. be-\kr p\cc E' -\c \ ~ \t e...
Name:
Board Name: C"A Rl!5i~.JtMJ loMlrliSs',ot\e.r
1211 SIneI PoInt ROlId
CIe8rwlIter. FlIoIlcIa 33755
Phone: (727) 23&-0699
E-mail:
1llemmlng1 Clfampabay.rr.com
Flelnming
0IrJective
To Seek a full time position utilizing my experien4:C.
Qu8Iific:atIana ...
SIdUs
Five years experience in Administrative Assistance with various duties. Self Starter with excellent
public relations skills. Effective problem solving with decisive elaborating skills. Extremely goal
oriented.
Microsoft Office (Excel, Word, PowerPoint and Access WordPerfect) executive support, training,
staff development, contact management, business correspondence, cost reduction and internet
research,
Work experience
0812003 - 0312004 Boys aad Girls Club of MODlDouth COUDty Asbury Park, NJ
DInIc:tlaI"a A6....~ ~1T.l..d
Acted as a central directed workflow, supervised and trained youth workers and volWlteer offi4:C
staff, analyzed data. compile reports, obtained required licensing. preparation of government reports
and grants, IICCOWlts receivable for all departments, billing and follow up on collections (recovered
96% of owed funds), record keeping, cost control (saved the company over $1,000 a year in
communication services), distribute all incoming and outgoing correspondents, insure accurate
attendan4:C, event planning. payroll preparations.
1/2000 - 1112003
M...
Provided positive, emotional and social support to teenagers in ideal situations. Services include:
monthly reports, job market resean:h, anger management and teaching life survival skills.
We Meator Ine.
Asbury Park, NJ
412001 - 1112003 ComlDuaity Affain
..... Ada..........
started on the phones obtaining donations for various charities and was promoted. Executed payroll,
daily II11endance, all human resoW'CCS duties, shift schedules, assist management with write ups on
routine disciple, answering phones, sending faxes and filing.
Delmar, Nl
1/1997-112002 EsseDee of Life (startthemusic.com) East Orange, NJ
AIImiI......... ~lIlJliMIt
Providing business development, researching stocks, business profiles and new market places.
Responsible for scheduling, note taking, filing. recruiting, and consulting all know forms.
IEducaIIon
Bob ......
2005-present Real Estate Sales Associate
MIaacomputer 0penIIIDr 8p4K'r"lt
1999-2000 Harrison Career Institute
HIgh School DIpIamaIIIanmau County VOClltialI8l
1992-1996 Red Bank Regional High School
Largo, FL
Eatontown, NJ
Long Branch, NJ
Volunteer
..........1C8
2003-2004 - Organized and volunteered for many fundraisers and holiday parties supporting the
Boys and Girls Club.
R8I'erences
References Available Upon Request
r
~~: \LlD
November 14, 2005
Mayor Frank Hibbard
P.O. Box 4748
Clearwater, FL 33758
Dear Mayor Hibbard:
Recently, Clearwater Housing Authority's (CHA) Board Resident
Commissioner, Mr. William Ethington resigned from serving on the
Board. The role of CHA's Commissioners is to set policy, establish
and guide the Authority in its mission. Without our current Board, we
would not have achieved the progress we currently enjoy.
Ms. Luchenda Flemming would like to serve as our resident
Commissioner. She serves on CHA's Resident Advisory Board. Ms.
Flemming is committed and will be a good contributor to CHA. What is
distinctive about Ms. Flemming is that she is currently a Section 8
client. She is consciousness and wants to represent and serve all the
residents. She will be active on the New Projects Committee and
Public Relations Committee.
Ms. Flemming is committed to see the larger picture. I believe it is
important to appoint Ms. Flemming for a term. Her contributions are
important to CHA's success.
Your consideration is greatly appreciated. Please let me know if I can
be of any further assistance.
Sincerely,
\/ J"'~'
~'<, . ' ~
/' '\)OU~-
~queline Rivera
Executive Director
JR/kh
c: Vice-Mayor Bill Jonson
Commissioner Hoyt Hamilton
Commissioner Carlen Peterson
Commissioner John Doran
~
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City Council
Cover Memorandum
\ \ .r-r
Trackina Number: 1,763
Actual Date: 12/01/2005
Subject / Recommendation:
Authorize the City Attorney to hire Jeffrey Hinds to represent the City in the matter of PIERCE
100, INC., a Florida Condominium Association, on behalf of its Unit Owners v. City of Clearwater,
et al. in the total estimated amount of up to $100,000.
Summarv:
Residents of the Condominium Pierce 100, Inc. are suing the City claiming the newly built
Memorial Causeway Bridge deprives them of their riparian and access rights and seek a claim for
inverse condemnation as well as damages.
The City Attorney has assigned defense of this lawsuit to Jeffrey Hinds, Esq., who specializes in
such matters.
The total funding of $100,000 will come out of the Memorial Causeway Bridge project budget.
Originating: City Attorney
Section: Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearina: No
Financial Information:
~ Operating Expenditure
Bid Reauired? No
Bid Exceptions:
Sole Source
In Current Year Budaet?
Yes
Budaet Adiustment:
No
Current Year Cost:
$100,000.00
For Fiscal Year:
10/01/2005 to 09/30/2006
ApproDriation Code(s)
0-315-92820-530100-541-00
Amou nt
Comments
$100,000.00
City Council
Cover Memorandum
Review Aoproval
Pam Akin
Maraie Simmons
11-22-2005 10:42: 11
11-22-2005 16:53:42
Cyndie Goudeau
11-28-2005 08:38:07
EN~ - 4
ater
City Council
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Tracking Number: 1,730
Actual Date: 12/01/2005
Subject / Recommendation:
Adopt Resolution 05-50 authorizing the City to enter into two permit agreements with CSX
Transportation, Inc., Pipeline Crossing Agreement No. CSX-049519 and Wireline Crossing
Agreement No. CSX-049529, for the installation of one (1) 2" water main, one (1) 8" water main,
one (1) 12" water main, one (1) 4" cable conduit and one (1) 12" fiber optic cable conduit in the
CSX right-of-way as part of the Cleveland Street Streetscape project and authorize the
appropriate officials to execute same.
Summarv:
A work order for consultant services was approved in October of 2003 for design, preparation of
construction plans and permitting for the Cleveland Street Streetscape project. As part of this
project the City desires to construct one (1) 2" water main, one (1) 8" water main and one (1)
12" water main, one (1) 4" cable conduit and one (1) 12" fiber optic cable conduit.
The water main crossings and cable conduits are located where the CSX Railroad along East
Avenue intersects Cleveland Street.
CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the
terms and conditions associated with placing a pipeline and wireline underneath their railway
system.
The cost to the City will be $3000.00 for two (2) one-time encroachment inventory fees and
$1500.00 for two (2) Construction Risk Fees for a total cost of $4500.00.
Sufficient budget and funding are available in Capital Improvement Program (CIP) projects
0315-96741, System R & R Capitalized, for the $1,500.00 for one (1) one-time encroachment
inventory fee and $750.00 for Construction Risk Fee for a total of $2,250.00 for the Pipeline
Crossing Agreement and $2,250 in 0315-92552, Signal R & R. for the conduit and fiber optic cable
conduit Wireline Crossing Agreement.
Copies of the agreements are available for review in the Official Records and Legislative Services
office.
Originatina: Engineering
Section: Other items on City Manager Reports
Cateaorv: Agreements/Contracts - with cost
Number of Hard CODies attached: 1
Public Hearing: No
Financial Information:
~ Capital Expenditure
Bid Reauired? No
City Council
~"'''''=, _ A~el'!.da CO~~,~,,~,~mora nd !:!"!!!".._m...."
Bid Exceptions:
Sole Source
In Current Year Budaet?
Yes
Budget Adjustment:
No
Current Year Cost:
$4,500.00
Annual Ooerating Cost:
$0.00
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$4,500.00
Not to Exceed:
$4,500.00
Aoorooriation Code(s)
0315-96741
Amount
0315-92552
$2,250.00
$2,250.00
Comments
System R & R Capitalized
Signal R & R
Review Aooroval
Michael Ouillen
Bryan Ruff
11-08-2005 09:04:27
11-16-2005 09: 19: 18
11-16-2005 22:38:55
11-09-2005 08: 13:47
11-16-2005 14:31:28
11-09-2005 11:03:48
11-17-2005 10:02:21
Cvndie Goudeau
Bill Horne
Tina Wilson
Garrv Brumback
Sue Diana
RESOLUTION NO. 05-50
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE TWO "AGREEMENTS" WITH
CSX TRANSPORTATION, INC., FOR THE UPGRADING
OF THE RAILROAD WATERLINE AND WIRELlNE
CROSSINGS ON CLEVELAND STREET TO
ACCOMMODATE THE CLEVELAND STREETSCAPE
PROJECT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has found it necessary, due to the
reconstruction of Cleveland Street, to upgrade the railroad waterline and wireline
crossings on Cleveland Street; and
WHEREAS, appropriate agreements have been prepared; 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 Agreements
between the City and CSX Transportation, Inc., identified as Pipeline Crossing
Agreement No. CSX-049519 and Wireline Crossing Agreement No. CSX-049529.
Section 2. The City Council hereby authorizes the Mayor and City Manager to
sign the Agreements described in this resolution and associated documents.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2005.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 05-50