STATE FINANCIAL ASSISTANCE AGREEMENT - DEP AGREEMENT NO LP52090 - AMENDMENT NO 1 STATE FINANCIAL ASSISTANCE AGREEME-NT
DEP AGREEMENT NO. 1,P52090
CITY OF CLEARWATER
AMENDMENT NO. I
THIS AGREEMENT as entered into on the Ist day of October, 2014, between the
FLORIDA DEPARTMEN'T OF ENNIRONIMENTAL PROTECTIO-N (hereinafter referred to as
the "Department") and the CITY OF CLEARWATER (hereinafter referred to as the "Grantee")
is hereby amended. Collectively, the Department and the Grantee shall be referred to as
"Parties" or individually as a "Party".
WHEREAS, funding in the amount $250,000 was provided under Line Item 1668A of
the 2014-2015 General Appropriations Act for the Clearwater Sanitary Sewer Expansion
Program.- and
WHEREAS, $250,000 in additional funding for this Project was provided under Lille
Item 1662A of the 2015-2016 General Appropriations Act; and
WHEREAS, an increase to the above-referenced grant is provided; and
WHEREAS, certain provisions of the Agreement need revision and several provisions
need to be added to the Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Section 2. of the Agreement is hereby revised to change the completion date of the
Agreement from October 31, 2016, to October 31, 2018.
2. Section 3. of the Agreement is hereby deleted in its entirety and replaced with the
following:
A. As consideration for the satisfactory completion of services rendered by the
Grantee under the terms of this Agreement, the Department shall pay the Grantee on a
cost reimbursement basis up to a maximum of $500,000. It is understood that any
additional funds necessary for the completion of this project are the responsibility of the
Grantee. The parties hereto understand and agree that this Agreement does not require a
match on the part of the Grantee.
B. Prior written approval from the Department's Grant Manager shall be required for
changes to this Agreement. Changes to approved budget categories within a single
deliverable that are less than 10% of the total approved deliverable budget amount will
require a formal Change Order to the Agreement. Changes that are 10% or greater of the
total approved deliverable budget arnount, or changes that transfer funds from one
deliverable to another deliverable, or changes that increase or decrease the project's total
funding amount will require a formal Amendment to the Agreement.
DEP Agreement No. LP52090,Amendment No. 1, Page 1 of 1 I
C. The Grantee shall be noionbumcd on u coot reimbursement houia for all eligible
project costs upon the oonq7letion, submittal and approval nfeuuh deliverable identified
iu Attachment A-1, in acuonduooc with the schedule therein. Reimbursement shall be
requested utilizing Attachment B-1, Payment Request Summary Form. To be eligible
for reimbursement, ovaiu noumi be in conuy|iuucu with laws, rules and regulations
applicable 10 expenditures of State funds, ioo|uding, but not |lroiiud to, the F(cfercuco
Guide for State Expenditures, v/bioh can be uoocxmud at the following vveh address:
. All invoices for amounts due
under this Agreement aho)\ be submitted in detail sufficient for u proper pre-audit and
post-audit thereof. /\ final poyoocui request should be submitted to the Department no
later than sixty (60) oo|ondor days following the uooup|ction date of the Agreement, to
uaouro the availability of Ouode for payment. All work performed pursuant to
Attachment A-1 must be performed on or before the completion date of the Agreement,
and the subsequent sixty-day period merely u||nvva the Grantee to finalize invoices and
backup documentation 10 support the Fiva| payment request.
D. The State Chief Financial OODucr requires detailed supporting documentation of
all costs under u cost rcirobucmcnoon1 ugruenocnL The (]run1cu uba|} comply with the
nuininounn roquiron000io set forth io Attachment C, Contract Payment Requirements.
The Payment Request Summary Form whu|| be u000nopuniod by supporting
documentation and other requirements as follows for each deliverable:
i. Contractual (Subcontractors) — 8oinoburmconcot requests for payments to
subcontractors must be euhntuo1ietcd by copies of invoices with backup
doounoco\ubmn identical to that required from the (],unieo. Subcontracts vvhiob
involve payments for din:o1 uuludcs mbu|| clearly identify the personnel involved,
au|ury ,o1c per hour, and hours spent on the project. All multipliers used (i.e."
fringe benefits, ovcrbcad, indirect, and/or general and administrative rates) mho||
be supported by audit. If the Department determines that multipliers charged by
any subcontractor exceeded the rates supported by audit, the Grantee yhu\| be
required 10 ,einohumo Such funds to the Dspadnumni within thirty (30) ou|cndur
days of written notification. Interest oo the excessive charges shall hucalculated
based on the p,cvul\iog rate used by the S1o1n Board of Administration. For
fixed-price (vendor) subcontracts, the following provisions shall apply:
u. The (]run1co may award, no o competitive basis, fixed-price
Subcontracts ioconauhun1s/con1raoiory in performing the work described
in Attachment /k-#. Invoices Submitted tn the Department for fiuod-pdou
suhonu1roc1cJ activities abo\l be supported with o copy of the
muboouicnotor`m invoice and u copy of the tabulation [hrro for the
competitive procurement process (i.e.. Invitation to Bid or Request for
Proposals) resulting inthe fixed-price subcontract.
h. The Grantee may request approval from the Department to uv/ucd o
fixed-price subcontract resulting from procurement methods other than
D6PAO,enmcut No. LP52090. Amendment No. l, Page 2 of\ |
those identified in the paragraph above. In this instance, the Grantee shall
request the advance written approval from the Department's Grant
:Manager of the fixed price negotiated by the Grantee. The letter of
request shall be supported by a detailed budget and Scope of Services to
be performed by the subcontractor. Upon receipt of the Department Grant
Manager's approval of the fixed-price amount, the Grantee may proceed
in finalizing the fixed-price subcontract.
C. Ail subcontracts are subject to the provisions of Section 13 and
any other appropriate provisions of this Agreement which affect
subcontracting activities.
E. In addition to the invoicing requirements contained in Sections 3.C. and D. 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 thirty (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). State guidelines for allowable costs can be found in the Department
of Financial Services' Reference Guide for State Expenditures at
http://www.mylloridacfo.coin/aadir/reference ug ide/.
F. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted
for separately. Grantees are prohibited from commingling funds on either a program-by-
program or a project-by-project basis. Funds specifically budgeted and/or received for
one project may not be used to support another project. Where a Grantee's, or
subrecipient's, accounting system cannot comply with this requirement, the Grantee, or
subrecipient, shall establish a system to provide adequate fund accountability for each
project it has been awarded.
If the Department finds that these funds have been commingled, the Department
shall have the right to demand a refund, either in whole or in part, of the funds provided
to the Grantee under this Agreement for non-compliance with the material terms of this
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 based on the prevailing rate used
by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from the Department by the Grantee to the date
repayment is made by the Grantee to the Department.
In the event that the Grantee recovers costs, incurred under this Agreement and
reimbursed by the Department, from another source(s), the Grantee shall reimburse the
Department for all recovered funds originally provided under this Agreement. Interest on
any refund shall be calculated based on the prevailing rate used by the State Board of
DEP Agreement No. LP52090.Amendment\o. 1, Page 3 of 1 1
Administration. Interest shall be calculated from the date(s) the payment(s) are
recovered by the Grantee to the date repayment is made to the Department by the Grantee
to the date repayment is made by the Grantee to the Department.
3. Section 4. of the Agreement is hereby deleted in its entirety and replaced with the
following:
The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. The Parties understand that this
Agreement is not a commitment of future appropriations. Authorization for continuation and
completion of work and payment associated therewith may be rescinded with proper notice at
the discretion of the Department if Legislative appropriations are reduced or eliminated.
4. Section 5. of the Agreement is hereby deleted in its entirety and replaced with the
following:
A. The Grantee shall utilize Attachment D, Progress Report Form, to describe the
work performed during the reporting period, problems encountered, problem resolution,
schedule updates and proposed work for the next reporting period. Quarterly reports
shall be submitted to the Department's Grant Manager no later than twenty (20) calendar
days following the completion of the quarterly reporting period. It is hereby understood
and agreed by the parties that the term "quarterly" shall reflect the calendar quarters
ending March 31, June 30, September 30 and December 31. The Department's Grant
Manager shall have thirty (30) calendar days to review the required reports and
deliverables submitted by the Grantee.
B. As stated in the letter dated July 17, 2015 from the Office of the Governor, the
Grantee will identify the return on investment for this project and provide quarterly
updates to the Governor's Office of Policy and Budget.
5. Section 7. of the Agreement is hereby deleted in its entirety and replaced with the
following:
Each Party agrees that it shall be solely responsible for the negligent or wrongful acts of
its employees and agents. However, nothing contained herein shall constitute a waiver by either
Party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. Further
nothing shall be construed as consent by a state agency or subdivision of the State of Florida to
be sued by third parties in any matter arising out of any contract or this Agreement.
6. Section 8. of' the Agreement is hereby deleted in its entirety and replaced with the
following:
A. The Department may terminate this Agreement at any time if any warranty or
representation made by the Grantee in this Agreement or in its application for funding
shall at any time be false or misleading in any respect, or in the event of the failure of the
Grantee to fulfill any of its obligations under this Agreement. Prior to termination. the
DLP Agreement\o. LP52090,.Amendment\o. 1. Page 4 of 1 E
Department ohuU provide thirty (3[) calendar days vvriUcu notice of its iotccd to 1onninu\e
and ahu\| provide the Grantee uu opportunity 1n Consult With the Department regarding
the reason(s) for termination.
B. The Department may terminate this Agreement for convenience hy providing the
(}rontcc with thirty (30) ou|eudor day`m written notice. If the Department terminates the
Agreement for convenience. the Department shall notify the Grantee of such termination,
with instructions as to the effective date of termination or specify the stage of work at
vvbioh the Agreement is to be terminated. If the Agreement is trcouinuiod before
per[brnnuuco is completed, the Grantee oba|| be paid only for that work satisfactorily
performed for which costs can besubstantiated.
C. QLeonrdm made or received in conjunction with this Agreement are public records,
This Agreement may be unilaterally canceled by the Department for unlawful refusal by
the (]runtco to oi|ov/ public acocoo to all docunocnta, papers, letters, or other material
ooudc or received by the Grantee in conjunction with this &grcunoco1 and aubjcc1 to
disclosure under Chapter 119. Florida Statutes (y.8.), and Section 24(a), Article i, Florida
Constitution.
D. If force nu jsure nocuco that ounyes delays or the renxouub}c likelihood of delay
in the fu|fi||ooeut of the requirements of this /\groonnoot, the (3rauico shall p,unnp1}y
notify the Department orally. VVi1biu seven (7) calendar duym, the (]ruotec shall noilFv
the Qepuonntnt in writing ofthe anticipated length and cause ofthe delay, the measures
taken or 10 be taken 10 minimize the delay and the Grnutcc`u iutsu6cd dcuo1ob}c for
implementation of such measures. |f the parties agree that the delay or anticipated delay
was caused, or will be caused byuforce no 'eu,t, the Department may, at its discretion,
extend the tiouc for performance under this Agreement for operiod of time equal tnthe
delay rreu)dog from the force nn 'cuco upon execution of an uonendnucn1 to this
/\Aroconeut. Such agreement shall be confirmed by letter Oronnthe Department accepting,
or if necessary, modifying the extension. /\ force nn 'eure shall be an act of God, mbikc
lockout, or other industrial disturbance, act Vfthe public enemy, war, blockade, public'
riot, lightning, fire, flood. explosion, failure to receive iinue\v ocuumeury third party
approvals through no Cuuh of the Grantee, and any other cause, whether of the kind
specifically enumerated herein or otherwise, that is not reasonably within the control of
the Grantee and/or the Department. The Grantee ie responsible for the performance ofall
acrviocu issued under this /\grccnncnL Failure to ptr[brnu by the G,untcc`m consultant(s)
oruuhcon/ruotor(s) abu|| not constitute o force ro 'curc event.
7. Section |O. of the /\gcccnueui is hereby deleted in its entirety and rcp|000d with:
^0eaervud.".
8. Section \ |. of the /\groenorot is hereby deleted in its entirety and replaced with the
fhUvv/inA:
A. The Oruoiec mba|i maintain books. cucnnda and documents direcdy pertinent to
podhmonoue under this /\grctnucnt in 0000njuucc with generally accepted accounting
06P Agreement No. LP5I890, Amendment No. \, Page 5nfl \
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 (5) years following the completion date of the Agreement. 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 understands its duty, pursuant to Section 20.055(5), F.S., to
cooperate with the Department's Inspector General in any investigation, audit,
inspection, review, or hearing. The Grantee will comply with this duty and ensure that its
subcontracts issued under this Grant, if any, impose this requirement, in writing, on its
subcontractors.
9. Section 15. of the Agreement is hereby deleted in its entirety and replaced with the
following:
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. Further, in accordance with Section 11.062, F.S., no state
funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise
available for use by, any executive, judicial, or quasi-judicial department shall be used by any
state employee or other person for lobbying purposes.
10. Section 17. of the Agreement is hereby deleted in its entirety and replaced with the
following:
Any notices and written communication between the parties shall be sent by electronic
mail, U.S. Mail, a courier delivery service, or delivered in person. 'Notices shall be considered
delivered when reflected by an electronic mail read receipt, a courier service delivery receipt,
other mail service delivery receipt, or when receipt is acknowledged by recipient.
11. Section 21. of the Agreement is hereby deleted in its entirety and replaced with the
following:
To the extent required by law, the Grantee will secure and maintain insurance coverages
in the amounts and categories specified below, during the life of this Agreement. The
Grantee shall provide documentation of any private insurance or self-insurance, as may
be applicable to governmental entities, to the Department's Grant Manager prior to
performance of any work pursuant to this Agreement.
A. The Grantee shall secure and maintain 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 its employees unless such employees
are covered by the protection afforded by the Grantee. Any self-insurance
program or insurance coverage shalt comply fully with the Florida Workers'
Compensation law. In case any class of employees engaged in hazardous work
DEP Agreement\o. LP-52090,Amendment\o. 1, Page 6 of 1 1
under this Agreement is not protected under Workers' Compensation statutes. the
Grantee shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of its employees not
otherwise protected.
B. The Grantee shall secure and maintain, and ensure that any of its subcontractors
similarly secure and maintain, Commercial General Liability insurance including
bodily injury and property damage. The minimum limits of liability shall be
$200,000 each individual's claim and $300,000 each occurrence. This insurance
will provide coverage for all claims that may arise from the services and/or
operations completed under this Agreement, whether such services and/or
operations are by the Grantee or any of its subcontractors. Such insurance shall
include the State of Florida, the Department, and the State of Florida Board of
Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the
entire length of the Agreement.
C. The Grantee shall secure and maintain, and ensure that any of its subcontractors
similarly secure and maintain, Commercial Automobile Liability insurance for all
claims which may arise from the services and/or operations under this Agreement,
whether such services and/or operations are by the Grantee or any of its
subcontractors. Such insurance shall include the State of Florida, the Department,
and the State of Florida Board of Trustees of the Internal Improvement Trust
Fund, as Additional Insureds for the entire length of the Agreement. The
minimum limits of liability shall be as follows:
$300,000 Automobile Liability Combined Single Limit for Company-Owned
Vehicles, if applicable
$300,000 Hired and Ikon-owned Automobile Liability Coverage
D. If any work proceeds over or adjacent to water, the Grantee shall secure and
maintain, as applicable, any other type of required insurance, including but not
limited to Jones Act, Longshoreman's and Harbormaster's, or the inclusion of any
applicable rider to worker's compensation insurance, and any necessary
watercraft insurance, with limits of not less than $300,000 each. In addition, the
Grantee shall include these requirements in any sub grant or subcontract issued
for the performance of the work specified in Attachment A, Grant Work Plan.
Questions concerning required coverage should be directed to the U.S.
Department of Labor (littp://www.dol.)zov/owcp/dlhwc/Iscotitac.htm) or to the
parties' insurance carriers.
E. All insurance policies shall be with insurers licensed or eligible to do business in
the State of Florida. The Grantee's current certificate of insurance shall contain a
provision that the insurance will not be canceled for any reason except after thirty
(30) calendar days' written notice (with the exception of non-payment of
premium which requires a 10-calendar-day notice) to the Department's
DEP Agreement\o. LP52090,Amendment\o. 1, Page 7 of 11
Procurement Administrator. In addition., the Grantee ubaU include these
requirements in any sub grant or subcontract issued for the performance of the
work specified in Attachment A, Grant Work Plan.
P. If the (}cuukce is u Florida govecooucutu| entity that is self-funded for liability
insurance, this paragraph 2|.P. Supersedes 2l./\. through B., above.
(]ruotoe warrants and represents that it is self-funded for liability insurance, appropriate
and allowable under Florida law, and that such self-insurance offers protection applicable
to the Grantee's o[DCoo, employees, xurvoois and agents while acting within the scope of
their employment with the Grantee.
12. Section 24. of the /\Arecrucnt is hereby dc|cLcd in its entirety and ,cp\uocd with the
following:
The Ncpodnueu1 may at any tionc" by vvdUen Change Order, nouko any change in the
Grant Manager information, task timelines within the current authorized /\gn:enneut period, or
make changes that are less than )0Y6w[the total approved deliverable budget (per Paragraph 3).
All Cbuugc Orders are subject to the nou1uu| agreement of both parties as evidenced in writing.
Any change, which coumoa on increase or decrease in the Agreement amount, expiration date of
the /\grcecncuL or deliverable costs that are equal to or greater than |O% o[the total approved
deliverable budget (per Paragraph 3), mbo\| require fhrnno| Amendment to this /\grccnuon1.
13. Section 28. of the Agreement is hereby deleted in its entirety and rCy|aood vvdb:
"^{lcuorvod.".
14. Section ]2. is added to the Agreement oafollows:
A. Pursuant to Section 255.0991, [S., for a000upchdvc solicitation for construction
services in which 50 percent or more of the cost will be paid from state-appropriated
funds p/bicb have been appropriated o1 the time of the competitive solicitation, a state,
college, county, nouoioipo\ity" school district, or other political subdivision of the state
may not use u \uuo| ordinance or regulation that provides oyreferenco based upon:
(|) The contractor's maintaining an office or place of business within o
particular local jurisdiction', or
(2) The contractor's hiring employees or subcontractors tiuno within a
particular local jurisdiction: or
(3) The contractor's prior puynnrn1 of local \oues, assessments, or duties
within u particular local jurisdiction.
B. For any competitive solicitation that nneets the criteria in Paragraph A.. a state
cw|\cge, county. Municipality. aohno| diskict oc other political subdivision of the state
D£PAo,crmeot No. [p52090. Amendment No. |, Page Dofll
shall clisclose in the solicitation document that any applicable local ordinance or
regulation does not include any preference that is prohibited by Paragraph A.
15. Section 33. is added to the Agreement as follows:
As applicable, Department personnel shall be given access to and may observe and
inspect work being performed under this Agreement, including by any of the following methods:
A. Grantee shall provide access to any location or facility on which Grantee is
performing work, or storing or staging equipment. materials or documents, and
B. Grantee shall permit inspection of any facility, equipment, practices, or operations
required in performance of any work pursuant to this Agreement; and
C. Grantee shall allow and facilitate sampling and monitoring of any substances,
soils, materials or parameters at any location reasonable or necessary to assure
compliance with any work or legal requirements pursuant to this Agreement.
16. Section 34. is added to the Agreement as follows:
This Contract may be executed in two or more counterparts, each of which
together shall be deemed an original, but all of which together shall constitute one and
the same instrument. In the event that any signature is delivered by facsimile
transmission or by e-mail delivery of a ".pdf' format data file, such signature shall create
a valid and binding obligation of the party executing (or on whose behalf such signature
is executed) with the same force and effect as if such facsimile or ".pdf' signature page
were an original thereof.
17. Section 35 is added to the Agreement as follows:
The employment of unauthorized aliens by any Grantee/subcontractor is considered a
violation of Section 274A(e) of the Immigration and 'Nationality Act. If the
Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be
cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for
including this provision in all subcontracts with private organizations issued as a result of
this Agreement.
18. Attachment A, Project Work Plan, Revised Project Work Plan, is hereby deleted in its
entirety and replaced with Attachment A-1, Revised Project Work Plan, attached hereto and
made a part of the Agreement. All references in the Agreement to any prior Attachment A's,
shall hereinafter refer to Attachment A-1, Revised Project Work Plan.
19. Attachment B. Disbursement Request Package, is hereby deleted in its entirety and
replaced with Attachment B-1, Payment Request Summary Form. attached hereto and made a
part of the Agreement. All references in the Agreement to Attachment B. shall hereinafter refer
to Attachment B-1, Payment Request Summary Form.
DEP.agreement\o. LP52090, amendment No. 1, Page 9 of 1 I
20. Attachment G, Special Audit Requirements, is hereby deleted in its entirety and
replaced with Attachment G-1, Revised Special Audit Requirements. attached hereto and made
a part of the Agreement. All references in the Agreement to Attachment G, shall hereinafter
refer to Attachment G-1, Revised Special Audit Requirements.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP52090,.Amendment No. 1, Page 10 of 1 1
I\ WITNESS WHEREOF, the Department has caused this amendment to the State
Financial Assistance Agreement L.,P52090 to be executed on its behalf by the Secretary or
Designee of the Department and the Grantee has caused this amendment to be executed on its
behalf by its Authorized Representative. The effective date of this amendment shall be as set
forth below by the Department.
CITY OF CLEARWATER STATE OF FLORIDA DEPARTMENT OF
ENVIRO\MENTAL PROTECTION
By: LU AW By `o
City :Manager Secretary or Designee
Date: �' Date. / 1 --) (
�h /Z/1X�
a
ahnaz Massoudi. DEP Grant Manager
FEID No.: 59-6000289
DE*QC evie,
List of attachments/exhibits included as part of this Amendment:
Letter/
Specify Type \umber Description (include number of pages)
Attachment A-1 Revised Project Work Plan (4 Pages)
_Attachment _ B-'l _ Payment Request Summary Form (3 Page__ _
Attachment G-1 Revised Special Audit Requirements (5 pages)
DEP Agreement No. LP52090,Amendment No. 1, Page I I of I I
ATTACIENIENT A
GRANTWORK PLAN
PROJECT TZ[['IC: Clearwater Sanitary Sewer Expansion Program
PROJECT AUTHORITY: The City of Clearwater((;nzotno) rcueivod Funding from the Florida
Lc&ix\u1urs in the amount of $250,000 through Specific Appropriation Line |tonn No. 1068A,
Piaox| Year (FY) 2014 — 20l5, General Appropriations /\oL and $250,000 through Specific
Appropriation Line Item No. \b82/\, Fiscal Year (PY) 2O|5 -20|8, General Appropriations Act.
The Grantee received this funding for the purpose of expanding the sanitary acvvcr oyx1eon.
Monitoring and auditing guidelines, as rc!o1od to the Florida Single Audit Act, are specified in the
Florida Catalog ofState Financial Assistance ([SF/\), ��n. 37.039.
PROJECT LOCATION: The Project will be in neighborhoods |ncu1cd on County Road 193 in
Alligator Creek Watershed, Water Body Identification -Number (YV0{0) 1574, Grove Circle in
Steverson Creek Watershed, VVQ|D 1507, and Ile|ohcr Area in the /\||eu'm Creek Watershed,
VVBl[) 1604, which are all located within the City of Clearwater in Pinellas County, Florida. The
Kapok Terrace area involved io this project iaaJiununt1o1bc/\||igatorCreckidhutucyof/\|}iga1or
Lake WBID 1574A in the Tampa Bay Basin of Florida. See Figure I for a location map and site
plan. Latitude—27.9736°; Longitude— 82.7G42'.
PROJECT BACKGROUND: Pioc||ue County is the most densely urbanized county in the state
and nuuuv of the local vvu1tr bodies have been verified impaired for fecal oo|iDnrnou, dissolved
oxygen and/or nutrients. Replacing septic tanks with u sewer system that connect to an iudvxnosd
vvoutuvvo1er treatment plants will help reduce the pollutant loadings on the |oou| surface v/oteo as
required by the Total Maximum Daily Loads (TM0Le) for each VV8|U.
In January of 2011, the City mf Clearwater updated the ^^SevverSyoioon Expansion Feasibility
S1udy". vvbiab identified thirty-three (33) areas that could be added to the City's vvaytcv/a1er
uo\|ccdwu sya1cnn and prioritized the expansion of the vvueievva1er service into tbouo areas. The
City adopted the recommendations of the Feasibility Study and has developed o Capital
Improvements Plan (CIP) that includes removal of septic tank systems over a 20-year period. The
removal of approximately 400 septic tank systems from the first two highest priority areas known
ua ^^)d\e"/i|d and The K3a|\"wereomnup|siod. The removal of septic tank systems in the next three
neighborhoods began in July 2015 and will be completed in the summer of 2016.
This project iuc|udcoscvverortcnsion,00nncc1ionsandmoptic1aokobandnuoucn\ iutv/ooroax. The
6mi area is Grove Circle and l}c|chcr area. The Grove Circle and Belcher Area includes
approximately 80 individual septic tank mya1crom. The second is the Kapok Tcnucc area. The
Kapok Terrace area is 0000pdetd of approximately 135 properties with individual septic tank
ayxtcoos.
PROJECT DESCRIPTION: The Orootcc will expand the sanitary sewer system b\ installing
gravity aunitury sewer mains including connections to the existing collection system. manholes.
}otora|x and C|cunou1s \o connect properties in three neighborhoods inthe Kapok Terrace ureu�
constructing new service |u1cra|s and connecting to gravity suvvcr as well as abandon existing
DFP &grccmcn\Io. LP52090, /\t|ucbmcut /\. Page | o[4
individual septic tanks on private property, and fully restoring public right of way and private
property to pre-construction conditions or better. For the County Road 193. Grove Circle and
Belcher Area Project. approximately 7,000 linear feet of gravity sewer main will be installed along
with 26 sewer manholes and the abandonment of approximately 80 individual septic tank systems.
For the Kapok Terrace Project, approximately 7,000 linear feet of gravity sewer main will be
installed along with 30 sewer manholes and the abandonment of approximately 135 individual
septic tank systems.
TASKS and DELIVERABLES:
Task 1: Construction
Task Description: The Grantee will construct an expansion of the sanitary sewer system in
accordance with the final design(s) and required permits for the Grove Circle and Belcher area as
well as the Kapok Terrace area. The final design(s) and required permits will be submitted to the
Department upon request.
Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no
more frequently than once per month. The outlined Interim Deliverable(s) and/or Final
Deliverable(s) must have been submitted and accepted in writing by the Department's Grant
':Manager prior to payment request submittal.
Deliverable la: 1) signed acceptance of the completed work by the Grantee, 2) Contractor's
Application and Certification for Payment, 3) dated color photographs of on-going work
representing time period covered in payment request. These interim deliverables must be
submitted 5 days prior to each payment request and may be submitted no more frequently than
monthly.
Performance Standard: The Department's Grant Manager will review each submitted interim
deliverable to verify that it meets the specifications in the Grant work Plan and this task description
and that work is being performed in accordance with the Grantee's construction contract
documents. Upon review and written acceptance of each interim deliverable submittal by the
Department's Grant Manager, the Grantee may proceed with payment request submittal for costs
associated with that submittal period under this task.
Contractor's Application and Certification for Payment should include the following
supporting documentation:
1. An itemized summary of the materials, labor, and/or services utilized during the
period for which payment is being requested.
2. The summary should identify the nature of the work performed; the amount
expended for such work the name of the person/entity providing the service or
performing the work, proof of payment of the invoices; and evidence of all work
conducted for which a request for payment is being made.
3. Evidence may include references to any drafts or partially-complete designs,
surveys, environmental documents and/or permit applications, drawings, and
specifications (which must be made available upon request), and documentation
demonstrating partial completion of construction activities.
Deliverable lb: Sanitary sewer expansion, constructed as described in this task. as evidenced by
these final deliverables: 1) Dated color photographs of the construction site(s) prior to. during,
DEP Agreement No. LP52090, Attachment A. Page 2 of 4
and immediately following comp|etionof the construction tas� D written verification that the
Grantee has received record drawings and any required boo| inspection nopon(x) for the project;
3)signed acceptance of the completed work by the Grantee-,and 4) signed statement from a Florida
1-icensed Professional Engineer indicating construction has been completed in accordance with the
design.
D,orfnrcnuooc Standard: The UcyuMnncut'm {}ruot Manager will review the final deliverables to
verify that they meet the specifications in the Grant Work P\uu and this task description and that
work is being performed in accordance with the Grantee's construction contract documents. Upon
review and written approval by the Dcpodoount`u Grant Manager ofall Gno| deliverables under
this task, the Grantee may proceed with payment request submittal.
PROJECT l[IM|B|LKNE; The tasks must be completed by the end of each tusk bnoe|iun and all
dc|ivcruh|em must hcreceived by the designated due date.
Deliverable Task or Deliverable Task Start Deliverable Due
No. Title Date Task End Date Date/Frequency
Construction July 1, 2015 October 31, 2018
"�,ot more than
la Interim Deliverables once per month
I b Final Deliverables August 31, 2018
BUDGET DETAIL BY TASK:
I Contractual Services $500A0
PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the
category totals for the project as indicated below.
Category Totals Grant Funding, Not to Exceed, S50
Contractual Services Total $500.000
Total: S500,000
0BP&grecmcutNo. LP52090' &t1ucbmeut &, Page 3of4
Figure 1-Project Pi:m
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DEP Agreement No. LP52090, Attachment A. Page 4 of 4
ATTACHMENT B-1
PAYMENT REQUEST SUMMARY FORM
0EP Aureomcu{ ,<o.: /\gocccnon1 Effective Dates:
Grantee: Grantee's Grant Manager:
Mui|in&Addrexx:
Payment Request No. Date ofPoy000utRequest:
Performance Period (Start date—EnJdu/e):
Tumk/Dc}ivcrub\cNo(a). Task/[)e|ivorah\c /\000uot }lcquestcd: �
GRANT EXPF-',,,'DITURES SUMMARY SECTION'
[FHf—ective Date of Grant through End-of-Grant Period]
AMOUNT OF TOTAL MATCHING TOTAL
CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDSFOR CUMULATIVE
PAYMENT THIS REQUEST MATCHING
REQUESTS FUNDS
Equipment Purchases(if authorized) SN/A SN/A SN/A
TOTAL TASK/DELIVERABLE S S
BUDGET AMOUNT
Requests of:
TOTAL REMAINING IN TASK 7iii S 7S
GRANTEE CERTIFICATION
Complete Grantee's Certification of Poynocot Flrquca\ on Page 2 10 ocdi[v that the unonuoi being
requested for reirnbursement above was for items that were charged to and utilized only forthe above
cited grant activities.
Attachment B-1. Page | of
Grantee's Certification nf Payment Request
.,
(Print name of Grant Manager designated in the Agreement)
on behalf uf
do bcnchv certify that:
(Print namouf{}rautue/Recipico1)
G�
The disbursement amount requested is for allowable costa for the project described in Attachment of
Agreement.
GO
All costs included iu the amount requested have been satisfactorily pu,chamod, performed, received, and
applied toward completing the project; such costs are documcn1cd by invoices or other appropriate
duoum Agreement.
G�
The Grantee has paid Such costs under the terms and provisions o[contracts relating directly to the pr co/i
and the Grantee is not indufauhof any terms or provisions of1b0000buoto. `»
Check all that apply:
[]
All permits and approvals required for the construction, which is underway, have been obtained.
[]
Construction up to the point ofthis disbursement is in compliance with the construction plans and permits.
[] The Grantee's Grant Manager relied on certifications from the f�o|lovvin& professionals that provided
services for this project du6ug the time period covered hy this Certification of Payment Roquea/ and such
certifications are included:
`
Professional Service Provider
Grantee's Grant Managei`s Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone'Numhcr ---- -- --�Telephone'Number
Attachment B-I. Page 2 of 3
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
0EyAGREEMENT N0.: This io the number on your grant agreement.
AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date.
GRANTEE: Enter the name o[the grantee's agency.
GRANTEE'S GRANT MANAGER: This should bo the person idcn1ifiodus grant munugcrin the grant Agreement.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
PAYMENT REQUEST NQ.: 'This iu the number of your payment request, not the quarter number.
DATE OF PAYMENT REQUEST: This is the date you are submitting the request.
PERFORMANCE PDlll00: This is the beginning and ending date of the performance period for the taskildeliverable
that the request is for(this must be within the timeline shown for the taskildeliverable in the Agreement).
TASK/DELIVERABLE NO.: This is the number ofthe task/deliverable that you are requesting payment for and/or
claiming match for(must agree with the Current Grant Work Plan).
TASK/DELIVERABLE t0( UN? REQUESTED: This should match the amount on t h e ^ T0?Al
7ASK/0EL/yE&4BLE BUDGET AM00Y7''line for the"AMOUNT 0FD9IS REQUEST'column.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST" COLUMN: Enter the omount that was expended for this task during the period
this task. This must agree vvi1hthe currently approved budget inthe
~' �^ ~' �`~ ~- -`---f= �ur�&n i&���m�nt� D000tc\uimoxpcnyosioubudgcxco1ego,y16u1doeuno1haveoo
°""""~~^ ~~^'` ^ — - '- grant approved budget Um not clai m items that are
not specifically u]|y idotifioJ in the current Grant Work Plan.
Enter the
column total on`'c"YDC4L AM0DN7- |ioc. Enter the amount u[the task on the"TOTAL TASK 8DDCETAM0OA'7`
line. Enter the total^cumulative amount nf this request and all previous payments on the^^LfS3R}TA!CUAIO/A?Y171',
PdY3GNTKFJO/SIS0r` |ine. Deduct the^l/SS TOTAL CDYOLA7}�CpAYWEN786 )DESI3 OF' 6omthe
"TOTAL TASK BUDGET AMOUNT' for the amount 1oenter on "TOTAL 8EIVA/N/NC0 %4SK` iinu
"TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: .
Enter the cumulative amounts that have been
requested ^~ date for reimbursement- - by budget ~ ' should show the total uf all requests; first
through the final request(this amount cannot exceed the approved budget arnount for that budget category for the task
you are reporting on). Enter the column total uo the^ /u TAlS, line. nv not enter anything io the shaded areas.
"MATCHING FUNDS" COLUMN: En1ur /be amount tobc claimed as match for the performance period for the
`~~^y~~~--'-~-`"-on.' ' be shown under specific budget categories
according tm the currently approved
Grant Work Plan. Enter the total on the"TOTAL J80/,�-\!7` line for this column. Enter the match budget amount on
the "TOTAL %f~ { 8 --ET AMOUNT' line for this column. Enter the total cumulative amount of this and any
previous match claimed-'the"LESS TOTAL CUMOLA7YCEyJYMEN73 OF'line for this column. Deduct the"LESS
70YU/CUM7Y PAYMENTS Of"from the"TOTAL TASK 8D )OETA8/0LNT`for the amount to enter mnthe
^717AL RE8&/LVDV(7IV TASK"line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to
/' n the line ddcJ'^D77ALS.- The final rcpodshould
show the~�~~- --'- ~ ` '
total all claims, first claim through the final claim, etc. 0o not enter anything in the shaded areas.
GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers
|ctcJ during the period included inthepoquu� for payment. ��uu( busigned by
both the~^^ certified-Grantee's ( not )�uouC'ruoidxodficd |ntb«gcoutogroommotond <hoGrao/ec`sPiacu|Agen{.
If uo/muiog reimbursement for truvo ^
| you must include copies of receipts and u copy of the travel reimbursement
form approved by the Department of Financial Services,Chief Financial Officer.
Documentation for match c|u|my must meet the same requirements us those expenditures for reimbursement.
Attachment B'l. Page 3o[3
ATTACHMENT G-1
SPECIAL AUDIT REQUIRENIEVT'S
The administration of resources awarded by the Department of Environmental Protection (which iyj be referred to
as the "Department", "DEP "PDEP" 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.
MO\ITORI\G
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.
1. 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 Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-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-133, as revised, is not required. In the event that the
recipient expends less than $500,000 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 httn://12.46.245.173/cf la/efda.litml.
Attachment G-1, Page I of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 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 Department
of Financial Services; and Chapters 10.550(local governmental entities)or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment 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 1, 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), 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 $500,000 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 $500,000 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 website located at https://apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http:,/www.leg.state.fl.Lls/Welcome'index.cfi-n, State of Florida's website at
http•//www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the
Auditor General's Website at littp://www.state.fl.us/audge
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 au arding entity's policy(i.e., the audit is not required by Federal or State IcAl's
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), 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 215.9', Florida Statutes. In such an event, the State awarding agency,must
arrange for funding the frill cost gfsuch additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133,as revised,.by or on behalf of the recipient directly to each of the following:
Attachment G-1. Page 2 of 5
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAuditgdep.state.fl.us
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
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/fac/
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-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor,to the Department of Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSini4leAuditAdep.state.f7.us
3. Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on
behalf of the recipient directly,to each of the following:
A. The Department of I.`nvironmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FI)EPSingleAudit'iz?dep.state.fl.us
Attachment G-1, Page 3 of 5
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401,Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this:Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAuditede)state.fl�us
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.
PAR'r 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.
REMAI\DER OF PAGE INTE\TIO\ALLY LEFT BLANK
Attachment G-1. Page 4 of 5
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VeparA Rick Scott
Florida Department of Governor
01 0 Environmental Protection
- Carlos Lopez-Canters
Marjory Stoneman Douglas Building Lt. Governor
0
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000 Jonathan P. Steverson
4pen t a 1 91 Secretary
FED EX DELIVERY - SIGNATURE REQUIRED
JUL 1 8 2016
Mr. Robert Fahey 9
Grant Manager
City of Clearwater
100 South Myrtle Avenue#220
Clearwater, Florida 33756
Re: LP52090—Clearwater
Clearwater Sanitary Sewer Expansion
Dear Mr. Fahey:
Enclosed is one original of Amendment I to the City's wastewater improvement project.
The amendment provides additional funding and extends the date of completion for the
project. The amendment is now in effect.
If we may be of further assistance, please contact Hana Juman at(850) 245-2920.
Sincerely,
"N
Angel necht, Program Administrator
State Revolving Fund Management
AK/fJ
Enclosure
cc: William B. Home— City of Clearwater
Judith Crawford— City of Clearwater
Khang Nguyen—City of Clearwater
www.del)..state,f4 U.5