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AGREEMENT NUMBER CZ417 CLEARWATER COMMUNITY SAILING CENTER DOCKS Department of Environmental Protection Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 David B. Struhs Secretary October 6, 2003 The Honorable Brian 1. Aungst Mayor, City of Clearwater 112 South Osceola Avenue Clearwater, Florida 33756 (~; F~ E L: OCT 0 7 2003 CITY M.I;\~~A(.:it.R'r:, RE: DEP Agreement No. CZ417 Clearwater Community Sailing Center Docks Dear Mayor Aungst: Congratulations! As lead agency for the Florida Coastal Management Program (FCMP), the Department of Environmental Protection is pleased to confirm the award of Coastal Zone Man- agement funds to the City of Clearwater in the amount of $50,000 for the sub grant period of July 1,2003, through September 30,2004, Enclosed is an executed copy of the award agreement (with attachments) for the subgrant. In future correspondence to the FCMP, please refer to your project by the DEP Agreement number and title referenced above, and direct the correspondence to Ms, Debbie Skelton, Grant Manager, at the address provided on page 5 of the agreement. The project manager may obtain the forms necessary for electronic subgrant reporting from the FCMP web site at: http://www.dep.state.fl.us/secretary/legislative/coastal/grants/index.htm. Again, congratulations on receiving the FCMP grant funds, We look forward to working with you, Sincerely, (/)~ David B. Struhs Secretary DBS/ymp ~+oC~~ Enclosures cc: Ms. Catherine Yellin "More Protection, Less Process" Printed on recycled paper. DEP AGREEMENT NO. CZ417 STATE OF FLORIDA COASTAL ZONE MANAGEMENT PROGRAM GRANT AGREEMENT PURSUANT TO THE FEDERAL NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION GRANT AWARD THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 (hereinafter referred to as the "Department" or "DEP") and the CITY OF CLEARWATER, whose address is 112 South Osceola Avenue, Clearwater, Florida 33756 (hereinafter referred to as "Grantee" or "Recipient"), a local government, to provide federal funding for Clearwater Community Sailing Center Docks. WHEREAS, the Governor certified the uses of funds by coastal political subdivisions as being consistent with the authorized uses of funds specified in the United States Department of Commerce: Final Guidance for Coastal Zone Management Program, and, WHEREAS, the Florida Department of Environmental Protection was awarded funding by the National Oceanic and Atmospheric Administration (NOAA) on July 1, 2003, by NOAA Grant Agreement No, NA03NOS4190079; and, WHEREAS, the Grantee applied for funding for projects to be performed within its jurisdictional area of responsibility, NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived here from, the Department and the Grantee do hereby agree as follows: I. TERMS OF AGREEMENT A. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein, which are attached hereto and incorporated by reference, For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee", "Recipient" and "Contractor", are used interchangeably. B. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations, The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement, C, The Grantee shall also adhere to the United States Department of Commerce (DoC) Financial Assistance Standard Terms and Conditions (htto://www,osec.doc.gov/oebam/odf/5-ST&Cs,pdf. 2, PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and end no later than September 30, 2004, inclusive. Full execution of this Agreement by the Department will be withheld until such time as the Department has received final project approval from NOAA. This Agreement may be amended to provide for additional services if additional funding. is made available by NOAA and/or the Legislature. See Sections 14 and 21 for changes to Agreement. No work may commence and no funds may be expended on Section 306A projects until the Florida Coastal Management Program (FCMP) and NOAA has approved the Section 306A checklist included in the application forwarded to NOAA on April 15, 2003, The guidance for identifying Section 306A projects may be accessed at htto://www.ocrm.nos.noaa.gov/odf/306a,pdf, DEP Agreement No. CZ417, Page 1 of 9 DEP 55-236 (07/03) 3. FUNDING/CONSIDERATION A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $50,000 toward the total project cost described in Attachment A. B. Only project costs incurred on or after the July 1,2003 and on or prior to the ending date of this Agreement, as shown by grantee invoices, are eligible for reimbursement. In order to be reimbursed, costs under this Agreement must be paid in full by the Grantee by the end of the grant award period established in paragraph 2. Ten percent (10%) of the FCMP amount shall be withheld from payment pending receipt and approval of all work products and deliverables identified in the Project Work Plan, Attachment A. C. In addition to the invoicing requirements contained in paragraph 3.B. 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 Department of Financial Services' Reference Guide for State Expenditures at www.dbfstate.fl.us/aadir/reference ~uide. D. The parties hereto understand and agree that this Agreement does require a cost sharing or match on the part of the Grantee. The Grantee is responsible for providing $50,000 in cash, in-kind, or third party in-kind, towards the work funded under this Agreement. All cost sharing/match shall meet the federal requirements established in IS CFR Part 24 at http://www.access.gpo.gov/naralcfr/cfr-table-search.html. If less match share is provided than agreed to in the Agreement, then the Florida Coastal Management Share will be reduced proportionately, E. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs, For purposes of this Agreement, the following cost principles are incorporated by reference. Or anization T e State, local or Indian tribal overnment. Private non-profit organization other than an (I) institution of higher education, (2) hospital, or (3) organization named in OMB Circular A-122 as not sub' ect to that circular, Education Institutions For-profit organization other than a hospital and an organization named in OMB A-122 as not subject to that circular. A licable Cost Princi les OMB Circular A-87 OMB Circular A-122 OMB Circular A-21 48 CFR Part 31, Contract Cost Principles and Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal a enc . F. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and receipt of funding from NOAA. The parties hereto understand that this Agreement is not a commitment of future appropriations, 4. REPORTS A. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Payment Request Summary Form (provided as Attachment B). In addition to the summary form, the Grantee must provide from its accounting system, a listing of expenditures charged against this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name, All requests for reimbursement of travel expenses shall be in accordance Section 112,061, Florida Statutes, DEP Agreement No. CZ417, Page 2 of 9 DEP 55-236 (07/03) B. The Grantee shall submit quarterly invoices in conjunction with quarterly progress reports, The Grantee shall utilize the Progress Reporting Form, attached hereto and made a part hereof as Attachment C, for submitting its quarterly progress report, Quarterly reports shall be submitted electronically to the Department's Grant Manager no later than twenty (20) 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 Grantee shall report on a quarterly basis after the Agreement is executed by both parties, The final progress report shall also contain an executive summary, and discuss the methodology, outcome and further recommendations. The final progress report must comply with the publication requirements as stated in Paragraph 18 of this Agreement. After approval by the Florida Coastal Management Program, five (5) hard copies shall be submitted. C, If the project generates income, the Recipient shall submit a Quarterly Project Generated Income Report following instructions and format provided on approved form (provided as Attachment D). 5. INDEMNIFICATIONILIMITS OF LIABILITY Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 6, DEFAULT/TERMINATION A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. FOR EXAMPLE, THIS AGREEMENT IS SUBJECT TO TERMINATION IF THE WORK DESCRIBED HEREIN HAS NOT COMMENCED WITHIN 90 DAYS OF THE DATE OF EXECUTION OF THE AGREEMENT. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice, C. The parties hereto may agree to terminate this Agreement for convenience as evidenced by written amendment of this Agreement, The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. D, This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction 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. 7. REMEDIES If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the following actions, as appropriate for the circumstances, A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee, B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program, E. Take other remedies that may be legally available, DEP Agreement No. CZ417, Page 3 of 9 DEP 55-236 (07/03) F, Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Department expressly authorizes them in the notice of suspension or termination, Other Grantee costs during suspension or after termination, which are necessary and not reasonably avoidable, are allowable if the following apply: 1. The costs result from obligations which were properly incurred by the recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are non- cancelable. 2. The cost would be allowable if the Agreement were not suspended or expired normally at the end of the funding period in which the termination takes place. G. The remedies identified above do not preclude the Grantee from being subject to debarment and suspension under Executive Orders 12549 and 12689, 8, RECORD KEEPING/AUDIT 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 Federal government, Department, State of Florida, 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 fmal action taken, C. Records for real property and equipment acquired with Federal funds shall be retained for five years following fmal disposition, D. In addition to the provisions above, the Grantee shall comply with the applicable provisions contained in Attachment E, A revised copy of Attachment E, Exhibit-I, must be provided to the Grantee with each amendment that authorizes a funding increase or decrease, The revised Exhibit-l shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. Ifthe Grantee fails to receive a revised copy of Attachment E, Exhibit-I, the Grantee shall notify the Department's Grant Manager at 850/245-2161 to request a copy of the updated information. 9. SUBCONTRACTS A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager, The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B, The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically, The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. C. A person or affiliate who has been placed on the convicted vendor list following a conviction for a crime against a public entity may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid or a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with a public entity; and may not DEP Agreement No. CZ417, Page 4 of 9 DEP 55-236 (07/03) transact business with any public entity in excess of the threshold identified in 287,017, FS, for a period of36 months from the date of being placed on the convicted vendor list. 10. LOBBYING PROHIBITION A. 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. B. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501c4 of the Internal Revenue Code of 1986 shall not be eligible for grants under this Agreement, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the grant. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. 11. NOTICE AND CONTACT The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this Agreement is identified below. Debbie Skelton Florida Coastal Management Program 3900 Commonwealth Boulevard, Mail Station #47 Tallahassee, Florida 32399-3000 Phone: (850) 245-2161, extension 4182, sc 205-2161, extension 4182 Fax: (850) 245-2191, sc 205-2191 Email: debbie.skelton@deo.state.fl.us The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager or Point of Contact) for this Agreement is identified below. Name: Catherine Yellin, Grant Manager Entity/Organization Name: City of Clearwater, Marine and Aviation Address: 25 Causeway Boulevard City, State, Zip: Clearwater, Florida 33767 Phone: (727) 462-6954 Fax: (727) 462-6957 Email: cyellin@clearwater-fl.com The Grantee's Fiscal Agent for this Agreement is identified below, Name: Steve Moskun, Cash & Investments Manager Entity/Organization Name: City of Clearwater Financial Services Address: 100 S, Myrtle Avenue, 3rd Floor City, State, Zip: Clearwater, Florida 33756 Phone: (727) 562-4532 Fax: (727) 562-4535 Email: smoskun@clearwater-fl.com 12. INSURANCE A. 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 the Grantee's employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law, In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee DEP Agreement No. CZ417, Page 5 of 9 DEP 55-236 (07/03) shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection ofthe Grantee's employees not otherwise protected. B. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope oftheir employment with the Grantee, 13. CONFLICT OF INTEREST The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 14, CHANGE ORDERS The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.), All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. The recipient shall contact the Department's Grant Manager if any change is necessary, 15, DISCRIMINATION A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B, An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. The Grantee is responsible for the monitoring of this requirement. 16, DEBARMENT/SUSPENSION In accordance with Executive Order 12549, Debarment and Suspension (15 CFR 26), the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by NOAA to the Department. 17. COPYRIGHT. PATENT AND TRADEMARK Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) and the Department reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: A. The copyright in any work developed under a grant or contract under a grant. B. Any rights of copyright to which a grantee or a contractor purchases ownership with grant support. DEP Agreement No. CZ417, Page 6 of 9 DEP 55-236 (07/03) 18, PUBLICA nONS/AUDIOVISUALS/SIGNS Before publishing or printing a final draft of any publication pertaining to this Agreement, such draft shall be sent to the Florida Coastal Management Program for review and approval. This does not apply to the required quarterly reports and final report referred to in paragraph 4 of this Agreement. A. Publications, printed reports (other than the required performance and fmancial reports), or materials must include the NOAA logo (logos can be found at the FCMP web site at: http://www.dep.state.fl.us/secretarv/legislative/coastaVgrants/logos/index,htm or contact the FCMP to get a copy) and the following statement on the cover or first page: "A publication (or report) funded in part by the Florida Department of Environmental Protection, Florida Coastal Management Program, pursuant to National Oceanic and Atmospheric Administration Award No. NA 03NOS41900 79, The views expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida, NOAA or any of its subagencies," The next printed line shall identify the month and year of the publication, B, Audiovisuals: Recipients must acknowledge NOAA support on any audiovisual (e.g., movie, website, video, slides, etc.) which is produced with financial assistance. Unless required under special terms of this Agreement, this requirement does not apply to audiovisuals produced as research instruments or for documenting experimentation or fmdings and which are not intended for presentation to the general public. The acknowledgment must not represent or suggest in any way that the views expressed are those of the Federal Government and must include the following explicit statement or its equivalent, except if clearly unnecessary or inappropriate because of the nature of the subject matter: "The opinions expressed in this (e.g" movie, video, slides, etc.) do not necessarily reflect the views of the National Oceanic and Atmospheric Administration." If the nature of the audiovisual is such that it is not intended for presentation to the general public, the following statement, or its equivalent, must be included in the work: "The National Oceanic and Atmospheric Administration has not approved this (e.g., movie, video, slides, etc,) for presentation to the general public." The Recipient must receive approval from the FCMP and NOAA before its final production and distribution of any audiovisual (e.g" movie, video, slides, etc.) funded under this Agreement. Please schedule at least thirty days for this approval. The Recipient must also provide the FCMP with shooting scripts and provide two (2) copies of the audiovisual (e.g., movie, video, slides, etc,) upon completion. C, Sign Requirements for Construction Projects: The Recipient shall cause a sign to be erected at the site of any construction project, and maintained during construction. The sign must be at least 2' x 3' in size and, in addition to the language shown below, include the NOAA, DEP and FCMP logos, Logos can be found at the FCMP web site at: htto://www.deo.state.fl.us/secretarv/legislative/coastaVgrants/logos/index.htm or contact the FCMP to get a copy, Sign colors should complement the surrounding area, The following language is recommended: "Funding for this project was provided in part by the Florida Coastal Management Program, Florida Department of Environmental Protection, by the Coastal Zone Management Act of 1972, as amended, Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration, U,S. Department of Commerce." The next printed line shall identify the completion month and year of the project. This sign must remain at the site permanently. 19. STATEMENT OF FCMP FUNDING PERCENTAGE AND DOLLAR AMOUNT When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with FCMP funds, all Recipients receiving these FCMP funds, including but not limited to state and local governments, shall clearly state: A. The percentage of the total cost of the program or project that shall be fmanced with FCMP funds; and, B. The dollar amount ofFCMP funds to be expended on the project or program. For example: " % of the total cost of this project is financed with funds through a grant from the Florida Coastal Management Program, Florida Department of Environmental Protection, in the amount of $ DEP Agreement No. CZ4I7, Page 7 of 9 DEP 55-236 (07/03) 20. TITLES Titles appearing before paragraphs are nominative only and are not intended to alter, in any way, the contents of the subsequent paragraph, 21. ENTIRE AGREEMENT This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CZ417, Page 8 of 9 DEP 55-236 (07/03) IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Brian J. Aun Mayor-Commissioner By: ~~.~~ Sally B. M , Director Intergovernmental Programs ~ B. . ~B~-::rr illiam B. Horne II City Manager ~, A TEST: Date: ft)/t/D~ . ~~-~ S. Debbie Skelton DEP Grant Manager ~ () ..n/8ynt ...,. Goudeau, City Cler If. . Appro€d as to form' a'i'iel'~lfty: ~. ~~.I/- --eK}\j E A Y Bryan D. Ruff Assistant City Attorney Approved as to form and legality: ~~ DEP Program Attorney FEID No,: 59-6000289 *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Type Letter/ Number Description (include number of pages) Attachment Attachment Attachment Attachment Attachment ..A l ~ JL l Proiect Work Plan (28 pages) Pavrnent ReQuest Summary Form and instructions (4 pages) Progress Report Form and instructions (3 pages) Proiect Generated Income (3 l'ages) Special Audit ReQuirements (5 pages) DEP Agreement No. CZ4t7, Page 9 of 9 DEP 55-236 (07/03) ATTACHMENT A PROJECT WORK PLAN FY03-04 DEP Agreement # CZ417 Proiect Title (please limit to 50 characters, including spaces and punctuation): C L E A R W A T E R C 0 M M U N J T Y IDA I L I N GeE N T E R D 0 C K S Recipient Organization Name: City of Clearwater Chief Elected Official or Agency Head: William B. Home II Title: City Manager Address: 112 South Osceola Avenue, Clearwater, Florida Zip Code: 33756 Area Code and Telephone Number: (727) 562-4040 Area Code and Facsimile Machine Telephone Number: (727) 562-4052 E-Mail Address: whome@clearwater-tlcom Partners Organization Name: Clearwater Community Sailing Association, Jnc, (CCSA) and Sailability, Greater Tampa Bay, Jnc, Contact Person: Barbara Short, President (CCSA) and Alder Allensworth, President (Sailability) Address: 1001 Gulf Boulevard, Clearwater, Florida Zip Code: 33767 Area Code and Telephone Number: (727) 517-7776 Area Code and Facsimile Machine Telephone Number: (727) 517-7757 E-Mail Address:barb@the-helm.comorAlder0720@aol.com Mailing Address for Warrant (if other than the Recipient address): 25 Causeway Boulevard, Clearwater, Florida 33767 County in which project is located: Pinellas Project is Statewide: Scope of Work Information Abstract Description: Briefly but completely describe the problem to be addressed and the project solution to the problem, Please limit to one page. Access to.Coastal Resources Category Coastal Partnerships Initiative Problem: Fewer boaters are able to access the Intracoastal Waterway corridor at the Clearwater Community Sailing Center than would like, due to limited dock launch facilities, Sailing instructors who pre-stage and launch the boats for use by their students lose valuable on the water teaching time due to minimal docks to stage at. This is especially true of the "Sailability" program. Unlike the regular sailing classes that teach rigging as part of the sailing program, handicapped persons cannot rig the boats themselves and have to have it done for them. It is difficult to help board more than one handicapped "Sailability" sailor at a time with only one dock and one lift at the Sailing Center, The existing dock and ramps are also insufficient to accommodate the number of boaters, as many as one hundred fifty at a time, when hosting sailing regattas and supporting local community sailing events, Solution: The facility currently has a seventy-two (72) foot dock and two ramps. We would like to provide fifty percent more boaters than last year the opportunity of using the facility to access the Intracoastal Waterway by extending the existing dock eighty-four (84) feet and building another dock parallel one hundred fifty-six (156) feet long, Both docks will have floating gangways and floats in order for boaters to enjoy access to the water without damaging sensitive sea grass beds. Problem to be Discussed with Proiect Funds: We hope to use the $50,000 requested ofthe sponsors of the Florida Coastal Management Program to pay for the materials and equipment use to build the docks for additional access of our citizens to the Intracoastal Waterway. The City of Clearwater Marine and Aviation Department will contribute the match for this small construction project using fair market value if we had to use outside equipment and labor, Steps ofProe:ram Operation: Who will do What - The City of Clearwater Marina crew, under the supervision of Michael Willis, Marine Operations Supervisor and Project Manager, will build the docks. They are experienced dock builders and have been the team to build and maintain the existing Clearwater Municipal Marina docks. They built three fishing piers in Clearwater Pass and the portion of the existing dock we wish to extend at the Clearwater Community Sailing Center. Terry Finch, (727 562-4742) Planning, Development & Engineering Permitting Coordinator for the City is securing the necessary submerged land lease, as well as any other "environmentally" sensitive permits, Chris Focsan, (727 562-4758) City Engineer III is handling any local, state, tribal or federal permits required to do the job. Mr. Focsan, is preparing the site plans for the dock construction and working with Mr. Willis (727 462-6954) to secure the City and Pinellas County permits, Catherine Yellin, (727 462-6954) Senior Staff Assistant and Grant Writer for Marine & Aviation Department Director for the City, Bill Morris, is coordinating submission of all requirements, When - Once all the necessary permits have been received, we hope to have the docks built within eight weeks. This can feasibly be accomplished in one reporting quarter. How - Our City employees, trained in marine dock construction, will build the docks according to code and specs to meet Engineering drawings and permitting requirements, The docks will be ADA accessible for the general public and handicapped citizens, Proiect Obiectives and Related Tasks and Deliverables: List project objective(s) and tasks that will accomplish each objective. Indicate in which quarter these tasks will occur and will be delivered, Deliverables or work products must be provided. Objective 1: Submit the necessary requests for licensing and permits, (1 sl quarter) Task 1: Submit letter of request to the State Historic Preservation Officer's (SHPO's) Clearance and National Historic Preservation Act. (1 sl quarter) Deliverable: Submit gmy of SHPO clearance letter request. (1st quarter) Deliverable: Submit gmy of SHPO Clearance approval. (2nd or 3rd quarter) Task 2: Submit letter of request to the FDEP Submerged Lands and Environmental Resource Program for dock permit modification of submerged land lease. (1 sl quarter) Deliverable: Submit gmy ofFDEP Submerged Lands and Environmental Resource Program letter for dock permit modification of submerged land lease. (1 sl quarter) Deliverable: Submit gmy ofFDEP Submerged Lands and Environmental Resource Program permit for dock permit modification of submerged land lease. (2nd or 3rd quarter) Task 3: Submit letter of request to the Pinellas County Water and Navigation Control for permit to construct docks. (1 sl quarter) Deliverable: Submit CoPY ofletter to Pinellas County Water and Navigation Control for permit to construct docks. (1 sl quarter) Deliverable: Submit COPy of permit from Pinellas County Water and Navigation Control for the dock construction. (1 sl or 2nd quarter) Task 4: Submit letter of request to the Florida Department ofEnyironmental Protection; including Army Corps of Engineers and Florida Department of Water Management Distribution for permission to construct docks. (1 sl quarter) Deliverable: Submit copy ofletter to FDEP; including Army Corps of Engineers and Florida Department of Water Management Distribution for approval to construct docks, (1 sl quarter) Deliverable: Submit COPy of approvalletter/s to construct docks from the above agencies. (3rd and 4th quarter) Objective 2: Purchase materials to construct the docks, (2nd and 3rd quarter) Task 1: Obtain three quotes for materials to build the docks. (1 sl quarter) Deliverable: Submit letter notifying who bid is awarded to, (1 sl quarter) Task 2: Order materials for project. (2nd or 3rd quarter) Deliverable: Take delivery of materials and forward notification, (2nd and 3rd quarter) Task 2: Order floating gangways and floats. (2nd or 3rd quarter) Deliverable: Take delivery of gangways and floats and forward notification. (2nd or 3rd quarter) Objective 3: Construct both docks in such a way so as to provide safe, well-built docks, for the least cost, in the minimum amount of time. (2nd 3rd and possibly 4th quarter) Task 1: Order sign for construction site. (1S1 quarter) Deliverable: Submit invoice for proof of order. (2nd quarter) Deliverable: Submit photo of sign at work site. (2nd or 3rd quarter) Task 2: Order and receive materials that exceed dock-building specifications and install these materials to produce docks that exceed all standards for dock requirements, (2nd 3rd and possibly 4th quarter) Deliverable: The docks will be constructed using double bolts, 3 x 8 rather than 2 x 8 stringers, and all hardwood decking will be fastened with ring shank nails. All nuts, bolts and washers are galvanized, We will submit before and after pictures, (3rd and 4th quarter) Task 3: Build the docks for the least cost. (3rd and 4th quarter) Deliverable: Provide copy offax letter from Ress Marine for cost to rent their equipment, (1 sl quarter) Proiect Budeet Schedule: Type dollar amounts only in applicable categories and leave other categories blank (round to the nearest dollar; no cents). If your subgrant Agreement requires match, recipient match (In-kind and Cash combined) must at a minimum, equal the FCMP funds requested, one hundred percent (100%) match is required. If Automated Data Processing (ADP) equipment is being purchased you will need to complete and submit Appendix 1. If the cost for any service or equipment is over $25,000 and will be from a noncompetitive sole source, you must also submit a Sole Source Justification Form (Appendix 2). A budget transfer of funds within approved budget categories in an amount not to exceed 10 percent of the FCMP total budget is allowed without requesting an official amendment. This budget transfer.will be allowed one time during the subgrant period, Budeet Cateeorv FCMP Funds 1, Salaries 2. Fringe Benefits 3. Travel 4. Equipment Purchases 5. Supplies $50,000 6. Contractual Services 7, Other Expenses 9, Indirect Charges FCMP Total $50,000 Match Total $50.000 Total Project Cost: $100.000 Proiect Bude:et Narrative: Describe line items for each applicable budget category shown on the budget schedule, Provide sufficient detail to show cost relationship to project activities. Do this for both FCMP and match items if applicable. If in-kind match is being provided by a third party, a letter from that party confirming the amount and type of that match must be included, Note: Indirect costs are not allowed as match. FCMP Funds: Supplies: The combined cost for all lumber, hardware, floats and gangways for both docks, Citv of Clearwater Match Funds: To rent a comparable tug and barge, with a crane, Ress Marine charges $250 per hour, which would result in a charge of approximately $60,000. Section 306A Project Checklist State Coastal Management Programs (CMPs) shall complete a Section 306A Project Checklist for each Coastal Zone Management Act (CZMA) section 306A project and submit it to the Coastal Programs Oivision (CPO), Office of Ocean and Coastal Resource Management (OCRM), National Oceanic and Atmospheric Administration (NOAA) for approval. A complete and signed checklist by the CMP Program Manager and cpo Chief, title document and other information that may be required by this checklist are required for project approval. These are the only documents required for cpo approval, unless otherwise notified by cpo. See CPO, Coastal Zone Management Act Section 306A Guidance, February 1999, for further information. 1. Grant Number: NA03NOS4190079 State: Florida 2. Project Title: Clearwater Community Sailing Center Docks 3. Project Proponent: City of Clearwater Must be a Public Entity) 4. Total Cost: $100,000 Federal: $50,000 State/Local Match: $50,000 I ATTEST TO THE FOLLOWING: (1) THE STATEMENTS MADE AND OTHER INFORMATION PROVIDED IN THIS CHECKLIST ARE, TO THE BEST OF MY KNOWLEDGE, TRUE AND ACCURATE; (2) THE PROJECT DESCRIBED IN THIS CHECKLIST IS CONSISTENT WITH CZMA SECTION 306A AND CPD'S SECTION 306A GUIDANCE; (3) THE STATE HAS ON FILE THE DOCUMENTS IDENTIFIED IN THIS CHECKLIST; AND (4) I UNDERSTAND THE CONSEQUENCES, AS DESCRIBED IN CPD'S SECTION 306A GUIDANCE, IF THE PROJECT DESCRIBED IN THIS CHECKLIST DOES NOT COMPLY WITH CZMA SECTION 306A AND CPD'S SECTION 306A GUIDANCE. Signature of~~ta~Ogram Manager 1/1~ /D:3 Date Name of Signatory (please print or type) :Lynn Griffin Title: Florida Coastal Management Program Administrator Address: Florida Depart ment of Environmental Protection 3900 Commonwealth Boulevard Mail Station 47 Tallahassee, Florida 32399 Phone Number: (850) 487-2231 The signature below by the Chief, Coastal Programs Division, OCRM/NOAA, is NOAA"s approval that the applicable special award condition is satisfied and releases the federal CZMA section 306A funds for the project described in this Checklist. John King, Acting Chief, CPD Date Section 306A Project Checklist, February 1999 Page lof5 s. Project Eligibility: b. 306A Uses (check all that apply) : a. 306A Objectives (check all that apply) : 306A(c ) (2) (A) (fee simple or other interest in land) 306A(b) (1) (A) (preservation or restoration of areas designated in the state CMP) x 306A(c) (2) (B) (low-cost construction projects) 306A(b) (1) (B) (preservation or restoration of coastal resource of national significance or restoring or enhancing shellfish production/clutch) 306A(c) (2) (C) (i) (revitalize urban waterfronts-piers) 306A(C) (2) (C) (H) (revitalize urban waterfronts-shoreline stabilization) 306A(b) (2) (redevelopment of deteriorating or underused urban waterfronts designated as APCs in the state's CMP) 306A(c) (2) (C) (Hi) (revitalize urban waterfronts-pilings) x 306A(b) (3) (providing public access to coastal areas) _____ 306A(c) (2) (D) (designs and other 306A reports, including aquaculture process) ______306A(b) (4) (development of process for aquaculture) 306A(C) (2) (E) (educational, and other management costs, including aquaculture process) 6. proj ect Des cription: (briefly de scribe the proj ect an d proj e ct location) The project isto extend an existing dock 84 feet and build another dock parallel 156 feet long into the Pinellas County Intracoastal Waterway at the Clearwater Community Sailing Center, providing additional coastal access for boaters, The Sailing Center is located at 1001 Gulf Boulevard adjacent to a small beach to the north, with an entrance to the Gulf of Mexico just beyond, 7. Public Benefit: a. This project is on public land or on is for public benefit, The project does not for private or commercial gain, If the answer to 7,a, is No, the 306A funding. is publicly controlled easement and not improve private property and X Yes No -- project is not eligible for section b. The facility will be open to the general public, N/A X Yes No c. If the answer to 7.b. is No, the project is not eligible for section 306A funding, unless access to the facility will be limited for one or more of the following reasons (if 7,c, applies, please briefly explain in 6. Project description), N/A __ Public Safety Resource Protection School 0 utings ______ Scientif ic Rese arch ______ Oth er Section 306A Project Checklist, February 1999 Page 2 of5 d. The state 0 r other applicant nee ds a deed, lease or easement to conduct the activity, _____ Yes ___~ No e. If the answer to 7,d, is Yes, what is the life of the document (provide duration, i,e" years, or specify if in perpetuity), f. The document in 7,d. contains a reversionary clause. If Yes, attach the reversionary cIa use to this checklist, Yes No g. The state CMP or sub-awardee will contract with a non-profit organization to complete part or all of this project. _____ Yes If Yes, the na me of the non-profit is: x No 8. Title Opinion, Certificate, and Appraisal: a. A title opinion, certificate, or affidavit for the proposed project is publicly owned or the expected life of the project (at least 20 Yes No __ N/A b. If purchasing an interest in land, the state has obtained an independent appraisal pursuant to CPD's Section 306A Guidance. No X N/A showing that the property leased in perpetuity or for years) is attached. __~ Yes 9. Site Location Map: The state CMP has on file a site location map, X Yes No N/A 10. Site Plan: The state CMP has on file a site plan. X Yes No ____N/A 11. State Historic Preservation Officer (SHPO) Clearance and National Historic Preservation Act: The state CMP has on file the SHPO clearance. Yes X ------ No If No, the state CMP Program Manager certifies, by signing this checklist, that the state is seeking SHPO clearance and that work will not begin and land will not be purchased until SHPO clearance is received by the state CMP, The project will affect properties listed in the National Register of Historic Places or is otherwise protected by section 106 of the National Historic Preservation Act or a similar State Preservation Act, Yes X No 12. National Flood Insurance Program: a. The project is located in a designated floodway or V- zone on a National Flood Insurance Program Floodway Map. _____ Yes ___~ No (If No, go to 13) b. A coastal community proposing a section 306A project which includes the acquisition for construction or actual construction in special flood hazard areas shown on an FIA map is participating in the Flood Insurance Program, _____ Yes _____ No If the answer is No, the project is not eligible for section 306A funding. 13. Coastal Barriers Resource Act: The project is located on an undeveloped coastal barrier designated by the Coastal Barriers Resources Act. Yes X No --- If the answer to 13, is Yes, attach to this checklist a brief analysis as to how the proposed project is consistent with the three CBRA purposes: to Section 306A Project Checklist, February 1999 Page 3 of5 minimize (1) the loss of human life, (2) wasteful federa 1 expenditures, and (3) damage to fish, wildlife and other natural resources. 14. Endangered Species Act: The proposed project may adversely affect threatened or endangered species or critical habitat under the jurisdiction of the National Marine Fisheries Service (NMFS) or U.S. Fish and Wildlife Service (USFWS) as defined by the Endangered Species Act. _____ Yes __~ No If the answer to 14, is Yes, attach a description of the adverse effects (minor and significant effects), the species or habitat affected, and any coordination between the state and the USFWS or NMFS, CPD will not approve a project that USFWS or NMFS has de termined will signifi cantly affect threatened or endangered species or critical habitat, 15. National Environmental Policy Act: a. The proposed project may significantly affect the human environment, Yes X No b. The proposed project involves unresolved conflicts concerning alternative us es of available resou rces, Yes X No c. This action would have significant adverse effects on public health and safety. Yes ___~ No d. This action will have highly controversial environmental effects, Yes X No e. This action will have highly uncertain environmental effects or involve unique or unknown environmental impacts, __ Yes __~ No f. The project will have significant adverse impacts on other natural resources not covered elsewhere in this checklist, e,g" beaches and dunes, wetlands, estuarine areas, wildlife habitat, wild or scenic rivers, reefs, or other coastal resources, Yes __~ No g. The project will have insignificant effects when performed separately, but will have significant cumulative effects, _____ Yes X No If the answer to anyone subpart of 15, is Yes, then an Environmental Assessment EA) may be required. If Yes, at tach a description of the resource(s) affected and the nature and scope of the effects. If Yes, a state shall provide additional information stating why the applicant believes an EA or an EIS is not required, CPD may require additional environmental information in cases where project impacts are not clearly described or where probable impacts require an EA or EIS. 16. Coastal Nonpoint management practices Program, __~ Yes Pollution Control Program: The project will use best in conformance with the Coastal Nonpoint Pollution Control No N/A 17. Handicapped accessibility: The proposed project is handicapped accessible, X Yes No N/A If the answer to 17. is No, attach to this checklist an explanation as to how the project meets the handicapped accessibility requirements in CPD=s Section 306A Guidance, If the project does not meet the handicapped accessibility requirements the proj ect will not be approved, Section 306A Project Checklist, February 1999 Page 4 of5 18. User fees: The public will be charged a user fee for the proposed project, Yes __~ No N/A If the answer to 18. is Yes, please attach a description of the user fee which includes: how much, differential fees (if any), the need for the fee s , and prop osed us e of the reven ue , 19. Environmental Justice. The project will not have disproportionately high and adverse human health or environmental effects on minority or low income populations. _~ Yes No 20. State, Local and Tribal Laws. The project is consistent with state, local and tribal laws to protect the environment. __~ Yes No If the answer to either 19, or 20, is No the project will not be approved, 21. Required per.mits: Please list local, state, tribal or federal permits required for this project and the status of the permits, If the permits have not been obtained, then the state CMP Program Manager certifies, by signing this checklist, that the state CMP (or other public entity) is seeking the required local, state and federal permits and that work will not begin and land will not be purchased until the permits have been issued and received by the state CMP. Florida Department of Environmental Protection Permit including Army Corps of Engineers and Florida Department of Water Management Distribution Pinellas County Water and Navigation Control DEP Modification of Lease for Submerged Land OMB Control # 0648-0119, expires 08/31/2001. OCRM requires this information in order to adequately assess the eligibility of proposed CZMA section 306Aprojects. Public reporting burden for this collection of information is estimated to average 5 hours per response, including the 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 this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Joseph A, Uravitch, AICP, Chief, Coastal Programs Division, OCRM, 1305 East-West Hwy., 11th Floor, Silver Spring, Maryland 20910, This reporting is required under and is authorized under 16 U.S.C. '1455a. Information submitted will be treated as public records, Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection displays a currently valid OMB Control Number. 306a\checklist.1 Section 306A Project Checklist, February 1999 Page 5 of5 SUGGESTED AFPIDA VIT OR CERTIFICATION FORM I solemnly affirm that upon personal knowledge that the following statements are true: , I , William B. Horne II (print name of official) being first and duly sworn state that: 1. (Official must state what his/her title is and by what authority he/she has to say that the property is publicly owned.) City Manager 2. (Official must state that the property is owned or leased by the state or local government (in accordance with the Section 306A Guidance, and there are no encumbrances on the pr that interfere with the proposed Section 306A project.) . ~ -:it. ATTEST: Signe (name of official) William B. Horne II City Manager Subscribed and affirmed before me this cJt;. day of Feb. (month), 2003 (year) 1l Pnblic . /f2~U )(}iJdhvru My Commission expi!es: t/{ JJ /2cot/ -::DeNLSV A. tJr 19;iJ ...."~';!..~:r;:~;:,.. Denise A. Wilson t:rJi.'~'r;~ MY COMMISSION H CC914107 EXPIRES ~.~~: June 18, 2004 "/{~f.'~'<(;", BONDED THRU TROY FAIN INSURANCE,INC. Note: This form should be revised in accordance with state law. 18 TITLE OPINION February 18, 2003 Date RE: Clearwater Community Sailing Center Docks Project Name on Section 306A Checklist I hereby certify that I am a member in good standing of the bar of Florida (state) and have been requested to determine record of ownership for the parce1( s) of property on which the above-referenced project will be constructed, 1001 Gulf Boulevard, Clearwater Community Sailing Center,o S.ee ,Exhibit "A!' .attached hereto (name and brief description ofland). After thoroughly examined the public land records or other appropriate records in accordance with the laws of Florida (state), I hereby certify that record title to the parcel is held by City of Clearwater in (check one) ~ fee simple absolute _ other (specify) I have determined that there are (check one) -1L no easements or other encumbrances on the property _ easements or other encumbrances on the property that interfere with the proposed Section 306A project (list below or attach a list). Other Comments: ~?~7) ~If 110505838 Bar number (must include) Bryan D. Ruff Name P.O. Box 4748 Clearwater; FL 33758-4748 Address 727-562-4010 Telephone number 19 " 02/13/2003 09:54 7275624755 ENG PAGE 08 '---". Fee Simple Deed from Pinellas County to City of Clearwater ~S~I 'O~I. 4535 . t^cI~~11 !<-{f() ! ! . .- .' EXHIBIT A ('... , ' I' PARCEL 2B: Beginning at the Sou~hwest corner of Section 17, Township' 29 South, Range 15 East, run North 890 10' 31" East, 834.47 feet; 'th~nce run North 420 13' 31" Ea.st, 1831.07 feet; thence nm ! South 470 46' 29" EaSt, 50.00 feet to the Point of Beginning; thence run North 420 13' :n" East, 152.18 feet; thence run along: an arC of a curve to the left having a Tadius of 1959.86 feet, i a chord bearing of No~rtl1 390 SO' 23" EaH and a chord length of : 162,96 feet; thence run South 4.70 46' 29" East to the Mean High Water Line of Clearwater Harbor; thence run along said High Water Line to a Point, said Point being the intersection of said, Mean High Water Line and'a line having a Bearing of Sou~h 470 . 46' 29" Ea51: from the Poi.nt of Beginning; thence run NO'1'1:h 470 : 46' 29" West, 62.00 feet plus .or minus to the point of Beginnin~. and ---... PARCEL 3B: Starting at the Southwest corner of Section 17, Township 29 j South, Range 15 East, run North 890 10' 31" East along South ' line of said Section 17, 843.47 feet to a point of intersection: with the centerline of Gulf Blvd.; thence run North 420 13' j 31" East along said centerline of Gulf Blvd.. 1516.07 feet; ! thence run South 470 46' 29" East, 50.00 teet t.o the Point of , Beginning; thence run North 420 13' 31" East, 115.00 feet; then4e run South 470 46' 29" East, 62.00 feet to the Mean l{igh Water ! Line of Clearwater Harbor; thence run along said Mean High I~ater Line to a Point, said Point being the intersection of the Mean : High Water Line and a line having the Bearing or South 47D 46' ; 29" BS$t from the Point of Beginning; thence run North 470 46' 29" West, 115.00 feet plUS or minus to the Point of Beginning. mid PNlCEL 48: Starting u the Southwest corner of SEc:n~ 17, IOI'/NSIUP 29 SOU1H, RANGE l5 EAST, run N. 89 deg. 10'. Sl" E., 543.47 feet. Thence ntn N. 42 deg. 13' 31" e., 1201.07 feet, thence Tun S. 47 deg, 46' 29" E., 50.00 feet to the P.D.D.. thence run N. 42 deg. 13' 31" E., :ns.oo f.'ret, thence run 5.47 deg. 46' 29" E., 115.~0 feet plus or minus to the Mean Hig\l I'Inter Line of Clearwater Ha;rbor. Thence run along said Melln lIigh Water Line to t\ Polnt, said Poi".t being the intersection of .the 1!I!l::ln lliF:h Water Lit"" and (1 l.ine i h~ving a 8eat'inp, of S. 47 deg. 46' 29" E. from the Point of Beg:in- ning. Thence run N. 47 Deg. 116' 29" 11., 280.00 feet pluS or ' minus to the Point of Deginning. and -.' PARCIiL 5B Stai.cing lit the Southwest. comer of SECTION 17, TOWNSHIP 29 50U1'II J RANGE IS EAST. run N. 89 deg, 10' 31" E., 843.47 feet, thence ~un ....:":,...:,..;.', !:l2113/21!1IB .'~' --, J'" " .~ ',-" "-.J' "--.,/" 09:54 7275624755 Fee Simple Deed from Pinellas County to City of Clearwater ENG PAGE 09 g S'f) \ 'lr.l45J5, mf~412 /IY/a I I Page Two of E~iI8IT A N. 42 deg. 13' 31" E., 886.07 feet, thence Tun S. 47 deg. 46' 29" E.. 50.00 feet to Point of Beginning. Thence run N. 42 deg. 13' 31" E., 315.00 feet thence run S. 47 deg. 46' 29" 1:., 280 feet to the Mean High Water Line of Clearwater Harbor. Thence run Southwesterly along said Mean High Water Line to & Point, said Point being the intersection of the Mean High Water Line and a Line having the Bearing of S. 47 des. 46' 29". E.. from the Point of Beginni.ng. Thenc:e rutl N. 47 deg. 46' 29" W., 237.00 feet plus OT minus to the Pojnt of Beginning. ; ,1 i I i I. I I CERTIFICATION OF REAL PROPERTY OWNERSHIP I, William B. Horne I,Ibeing duly sworn, solemnly affirm upon personal knowledge the following statements to be true: 1. Clearwater Community Sailing Center Docks is located in Clearwater/Pinellas, (Project name) (city/county) III 2. I, William B. Horn~ am the City Manager of City of Clearwater (name of official) (title) (governmental entity) . and have the authority to say that the referenced property is owned by City of Clearwater (governmental entity) 3. The property referenced is owned by the City of Clearwater . There are (governmental entity) no encumbrances on the property that may interfere with it being used for this project, 6J!/~_7t ignature of Official Subscribed and sworn before me this ~ day of Feb. , k22003. ....'~~~..fU"'" Denise A Wilson f:rK~~ MY COMMISSION # CC914107 EXPIRES ~:.~.~} June 18, 2004 "'1,*,;;;f\,~., BONDEDTHRU TROV FAIN INSURANCE,INC. I",."" 20 .02/13/2003 09:54 7275624755 ENG PAGE 01 I j RECEIVED ! FES 'I 3 i 2003 , _I S(A L""~ --__ FAX M E S SAG F- CITY ATT~RNEY " ~' C' -:.. ! ~ ~ CITY OF CLEARWATER ! ~ ~ PUBLIC WORKS ADMINISTRATION . ... r: ---.--.... a ~ 4 48 ~ ~ ~ ~ " P. O. Box 7 ... -y: ;:<.. \ '\._1JIt-..q x ~/ Clearwater, FI. 337584748 -_ fER, ,I' ....,""""',111' , SENDING LOCATION FAX NUMBER: (727) 562-4755 OFFICE TELEPHONE NUMBER: (727) 562-4754 TO: Bryan D. Ruff, Assistant City Attorney LOCATION: 11Z South Osceola Avenue, ClealW~tArr FI. 33756 FAX NUMBER: (7'27) 562-4021 FROM: DATE: Earl B~rrett 02-13-03 I MESSAGE: Bryan - I am transmitting herewith City atlas page 294A Identifying the location of the City's Sand Key Bayside Park running along Glearwater Harbor at the southerly terminus of Clearwater Pass Bridge. . ! City ownership of the park, which includes the Sailing Center f~cillties, is established in a Warranty Deed from United States Steel Corpora~ion dated February 7, 1973 as recorded in O. R. 3991, Page 1096, Pinellas Co~nty Public Records; and File Deed Into the City from Pinellas Co~nty dated February 17, as recor e In O. R. Book 4535, Page 141~, Pinellas County Public Records. : The parcels identified as 1 B in the U. S. Steel deed and parcels 2B t~rough 5B in the Pinellas County deed comprise the park premises. Parcel1A irl the U. S. Steel deed lies west of Gulf Boulevard and comprises a portion of w~at is now Pinellas County's Sand Key Park. . NUMBER OF PAGES THIS MESSAGE (INCLUDING THIS COVER PAGE): 9 C':J j ,-- ~...._"... ~-:-.J-__..__n."~-------~-"--;~-- - --.. "\.-:: .~.--- :~ ( i 17-~"::_{.~::""''''''<F~..;'tl. ""q lJ _......--_..--~_,<Jif:~..r;~~?,:=::;~""..=-...._o..._.;.,--f-- :::=0 ...-",-'" ,.. _,,;;<;;:1',:;;:'--'1' _..~..1..-'" I ' , \"J i ..." ,..., I } ,.d -,.~ .'~ I rz /~u____-'1...__.___~J "U' -- ,I ..(~-:?~".."~ .............-.... I !f.._." . '. ! ~ \\..) _",._... 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( '.. ---- ---- ------ , -... c . co . ~ :!JIUI111 ",:1.. U !I:al:li!!~i; i,. III~ "- . if ! t: '.flt: · II i'aJ!p l : - t-. .I~ 1~~.iJ" : f n chr; ;hhn~"t ' ) :li 3 I ~ 1111'1 tJ~"I." : I ~ ~ !p I. .I!.ij.f: ~I..!Z I:;J ',1 "llSt!.-. .i~1; 88 :1 !o. "J[l~' i. ~ lii~P t ,....b J!" ~i" :tgl1\l if ~;il~!!~r: J -!t' 'I~'~ ), fiH"1.J.' f f" ll! ~ . ,'0 'it.... ~ ~ ~ . . ),~.. ....:11' ~ I" i \.- ~e M C') rn z o o 12~ i~ I' ~" ~'"' ,",0 oil! ~~ ... 2 1Il . ~ .. ~ ~ ::I i '"' -:. ~ , iil ~ EBz a ; ~(t;..~r::)~.~' - ;\L",. , pnl~~~~~ C~ ''".; .:\ v:"J.JJ-...4 ... ~.,...J- "(:J'T r~.J;:l .... () r.LERIl ('I' ' - ~ ." !~. .,,' ~ fED ~"" ~ \\S h\ '13 ; \. _ ,. .',:'...\-1- ,,' 'c; ...'...:......;CiJi{ \:.\.,~\...... ;:" "',, 1".- ' . . ,02113/2003 09: 54 . ~ J) ....... ~\~ f, ~. ,a~...-"O '" VI , Ll "'" d' . ..1 l~ "~I 1."1' ,;,. \ -: '. U' . .. '--./' ,- 'J" il v'" :<: o Ul ~ o ~ .~: ~ Ul H ~ ~ ~ ,,, I- ~i: ~ ..' >4. in J~_'ll::l 01 ~... " lli::~~~ b. '"':i of-.!! 'r.:; 0 Ii~ OpJ:c.. ~ e 0 ~ .:; .. ~ ~-- :, ,..tiel:! ~ '" 11.:.' !: -t?~ ~ ~~~ .,; " 2 ............. ..A"" ~t':~1~r:4 Cor "I~IIAI:U. fiao:d. c;,~UY. F',u. ."~",, I T""'l~":)~" ,. ~. 1::...,II"'''.t', '. -!..',IlU,A 7275624755 ENG .. '! ~ 1'l301'H!)~1 o. ~. 3US1 rAGE 10 S) 6' i i w ~ R R ~ N t Y DEE D THIS \'IARRA.':TY DEED, "'oAd.~ and E<:;(c-':\il~e.:;, this 7.;:1. .J...~. i of February, 1\. D. 1.973, by UNITED STATES STEtL CORPORATJON,' i a Delaware corpc:r.al:ion au~hori2ed to do busi.ne5g in the Stat~! of Flocida, and having .a plaOQ of business in lhe County of : .pinella5. and State of Florida r he.reinafter called the "(~ralltf'I:," 'to CITY OF C~~ARWATER, a municipal oorpoA~tion, wh05e roallingl addreSS is P. O. Bo~ 4748, Clearwater, Florid.a, 33518, hureinr after called the "Grantee." ! WIT N E SSE T H: That the Grantor, for and i.n consideration of Ten Dolll!lr~ and other good and valuable considerations, the receipt whe1.-ej.- of i.s hereby ackn",,'1edga.d, by these present.s does gran\.:, bar9ja1n, sell, alien, remise, releAse. convey and confirm unto the !. Grantee, all that certain real ).)rollerty located in l'iro'l:!11a5 . County, Flo~ida, viz: (See legal desoription shown a~ Parcel lA and Paro@l 18 attached hereto) i 'l'ogtl:!ther with, without covenants of 'IIarL'Cinty, such ri.?a~ian rights as m~y be appurtenant to the land being conveyed, it : being understood i:.l1at said ripariar: rights shall me,-n t.he I free and unobstructed vi~w or the wat~r, TO HA~ MID TO HOr.O, the S2I:\1:l in f~Q sill'.ple fOreVc,I. 50 long, however, as Grantee sha],l not sell 0:( convef, '..,ithi~ twenty-fi ve (25) years from t:he dote here{l! I any of thl.! pr.op~];"ty described he:rein to an}" person or o::ganizi\t,hm ochor ~.h..n ! the county of Pir.ellas, the State. of Fl,;>~'ida or th.. un:;,t.r;d . StAtes of ~narica. I AND, the Grantor hereby coven.E;nt.s with ;;C\ld Grant~~ th~d: it is .lawful11 seized of 53-id real .H;opcrty iIl fc,;, si;li!J.l-'; I tha.t ~:t has good righl: end lawful .!!.lutt.ority to sell ane:! :::on-.: . vey ~aid property; that it heroby full}'. warrants the t{t).e ' to :::aid real. p!:operty and .....i 11 dt:fl;,nd th~ same agc:.ins;t tIle la\.ful claims of all persons ~,holl!soQvElr; a.nd that se:.iCl :::eal property is free of all encun~rances, lass and excapt the following; 1. Taxes and a~sessments for the year 1~73 and sub5e- quent years. . .2. ResexITatlons of oil, qas lInd rninerillB by the 'r'rlJstc~5 of the Internal I~p~ovQ~Gnt F~nC of the State of Flo~ld~ con~din~j i.n Instrument. ~10!l. 19'564::'.ll., ~112'?O1\, anc1 25325!), Pine~).a.: .. county necords. . 3. Su!:>ject to al1V d.parian rights;, :;:-19ht,; (,f accr.;,t~.O!I~ o;r reliction. :luomerged land!': Ot" "I~Y oU.a.c wate:- r;.ght!: of any nature whatsoev~r, .4. 5ubji!ct to l\r,~' .:\I\U el.l J:'ight" of th~ ~,ublic aJ)~ <:;.f the Count.y of Pinal las, St<lte '.If 1:-1 ()rida , ar.o tj.H~ Fedp.ral Governmen t. in, to, or ::>n I'\.ll\,' l.;ln(~" ,-:", 1.0.... thO!! lnoQall hi'J" Wo.t:er l!'a....k .:>f thE! p:l:ell!:!.s,,=s, all :,(,'if:.e;-f; ,;;lUTC'''J.:\.J':'llg. ti"\~ pri;!!~.~~(!H : or any b~lk~ead lin~e or ~~vig5t!oual right: in said ~~~ers.i 5. Su!:Jjec~ t.o th.:J ..\,:..~~t1'!t i.J: a.~~': or t;iJ.'~ public t::t t~se; as a PI)),) 11.:: beach .:It. r;:.'~;;'; t:i~;, ~;)~'u. l'.r,,:" pan; ,,1 t.h<;,! l;).:~i I ~".i'!J~~Y To): ~..: "t-:. . . !. ~',!. PAGE 03 i I I i I ,02/13/2003 0~:54 ~, 7275624755 ENG PAGE 04 '. :if .. ~; " ._..;;~._,.... .-" ~: " . . ...., .) . I i I , o.R.3991 fA!;f1097 -.......,/ .:'t;~:;'] ...... "'-:. \ .:. ~:\!.": ~~~J.:;'~ ~., .:: ) ~~ . :~J:" ~~ :.::: ;:i:{,~~ l.ying between the \\Iaters of the Gulf of Mexico ~nd C.l.e<tonr",te,:- Bay and then",tural line of ve9~tation,. bluff. ext~ellle 111gh . water line or ot~er apparent boundary llfie separa~lng the said areAS from the uplandS. 6. Subject to the rights, if any, of the plaint.ifts . in circuit Civil No. 37354, Circuit court of the Sixth Jud1- cial circuit in and for pinellas county, Florida. IN WITNESS WHE~OF, the G~antor has caused. thes~ presents' . to be executed in i t!;l n~\e, and 1 ts corporate seal to PQ l;.ere- unto affixed by i.ts proper .officers thereunto dilly authori.zed, the day and year first above written. signed, sealed and delivared in. the presence of: C. \ .~.. S ,Q. "- I :;,;:::':',,;;.;; _f;;:;;zr:;(~ :;;<,:~--,H.~ij;1: L'~ 4' '. .'. .', 0.:: '(;j"ti" ..:.. ',' ..' .' ) ", ~ ( '. " {l~~: .Y' u ~ :::',: ,. .;:,\1:' - .~:' -":"> .l\.f1~rs\:ant Secretary \. ,;.::: \tJnl~ed.: States Steel corporAtion .: ..:::..~I:.: ~ ~~. ~~~~':. ../ UNITED STATES" STtEL CORPORA'J.'lO!l i 11 .1'''' ....., , I B'l.d:/' . J -z. J,..,~;'/1l.t><jt. (~7. R. DEMBECK I ~re~io.<lnt. USS Rea.lty Develop1\12nt Divis;l..bn '.-,' ~ '" ... ..1:.. w:C ,~ ~:i. (--. ~"'" "'. ..." S f .D::n~-cjf;"-F~ Lei'~H[~ ;.:1: i !?!~.~.!n;~ ~ ~.-::!~ IJ.)':,;.;'::''1;. Ei:~C~.i~.t~ i r(O~I<E,\V::"f~?~~fj:~;~i~1 () 1 I,iq , ::: v.& IU.r.., \:,;.:.!;...r.} "" ~ 0, u!. I ,'::.:...!-\l~~-:-_._~~~"'_'._._.J.~: ! . . . " ,', '" .. ..; , . ' . .'. . . . .:l :.::. ." , -. . . I. .'! : ."~ ST1>TE OF FLORlPA COUNTY OF ~INELL~S . .;..:.~ .~:',~ '~~~ :. '.~:. ~,~:-.... .~l:. ~ ~ ~!!. I ~ ~ ~ ~ ~! it I ;.:-';.:'. ? --..--\'. .:,.... '=::l .' ~": . (..7, .~: ........ .' :::.1: tj. ~f&~)", ..'.'.' fl." . < .:tt~'>.: ':"~:' i' : ~~.' I NE;U:BY CER".L'IF'f, that on this 7th day of Fobruary, 1'.,0. 1973, before me J,JeJ"sonally appeare~ J. R. PEI1BECK and w. H. liOOLVF.R'J.'ON, JR, I Presi.dent of uS5 REF-.LTY DE'JF.!JOPl.';~NT : I DIVISION and Assistant secret..ry of UNITED STA.Tf,:S STEEL C('ffi'Ollt,.':rICq. respectively, a c::orporati.on under the laws of the State of : I OelawaJ"e, to ~& known to be the. persons descri~ed in ~nd wao : "xecuted the .foregoing WaJ:"ranty Deed anO sev12rally ..Ck)lOWl.~d9..;d \ the execution thereof to b~ their free act and ~eed as such . officers, for the usGS and purpCses tl:u:!rein tIIl:!ntioneC!, ond i I that they ~ff~xad theret~ the official seal of said corporat~d,n, and the sal.d ,Lns t,:-ument 16 thl,! ilct and d~ed of said corpo!"atl.(:.n. , . I ! I I I i I I ! WITNESS my hand and official seal at Clearwater, in the : ~Qunt.y ot Plnellalil, and state of Florida, the. d.ay and year , last afo~esaid. . . /\ .\pIU1hr:.,. i ~ /'. /.,/ j:.'il'i\' 'iC:'I~:'''.'. , . u:' ~~StL:::=:::?<..:~:.:. Notary u~ .:.',.,..... :.~..~ ......,.\: My C~Jniss i~n E~~:ir~~ ~~{.~;, ~::'~:t,).. }f;;1 I't .y "".~c c..-- ~l P~llrl. .1 "-~;"" .....: ,: ~;I CQ~s~!;~ ~i.pIC~ "u~. 1. ~ ~7(':~ .. . . r:iv;;,-.<:. I.::. 1 rnI\1~(.lc'\<.,;. :;"...~JH".. ,0.,. . :0::-"" .,:.,:.,' '''51'':,_,:,,~:-,,\,,~.;, .... ":','- .~.:,:",' ,.." . .~.... .'" "" ST/..:... 'rEc~-'f:.~LGf~IC1f~i ..';':i;~. ~:~... :: ?.j~{:.Wt'lf~~!t~::.;i:';.::~.{'~~'/:":'~=::'!'-'!'!'':''-I~: ._. .'." ,.', " .., .;: ;.u - l,r,...r, . ~:.:..:.~_.::: 9!:j O.IJ 01 ""~ G....<. O' I ~~___...:;:.;::~.L_._._.'_._..I ~'II:....k"S H~Dh'",. . . - 2- ~1..t:f1, FI" .. (,'.. '.- ,..:....-,;. .,.. .:.,'.~ ;.., .\R , TII...t?c.. P... : DPT; c ao .::'110.......",. ,...o..u~... I'> ~,:.:-:.,.~...::".-:. :......~ ::--',:i-;-' -~:-i -"::'T:::~-I i:;'~: ~'.~.. .' ..:... ~~ . :.:.~ ,.,.., . ....'. '. .' ;., ,,~.. ..,..... , ~~1;~,;~1:~;;:~'Jp2Er~. !. -. .~j>~.:.~~~~_::'..~:.~~.:{;f.:. .:~....; ~ ~Fr~).:.}.X,~::~J?~ :.. r.::~.'!~.j<~~ :'~~ii: .:: :".~'::; ~ .' .' :; t ,,', ~2/13/2003 09:54 7275624755 ENG PAGE 05 ...". "...~ -- .'1 1l.V-l I. . c/ ./ D,~.3991 r,lcEi098 UNlT~D S~ATES STEEL CO~~ORATION TO CI1~ OF C~EARWATER PARC:E:L lA , St~rting at the Southwest corner of Section 17, Tov.-nship 29 500.:th, Range. I ~ East run N 890 ) 0' 31" E 843.47 feet; ~' thence run N 4Z~ 13' 31" E 1981.25 (eel; thence run N 47 . 46' 29" W 50.00 {eet thc:nce ll'~n N 39" 42' 5)" E 161.98 fecC to the Point oI .. Beginning. .i Thence run along a.n arc ol a curve to the leCt having n l'ea~ius ofl 1859.86 feel, . chord beadn!; oI N 28' 16' 20" E and a chord lel\~th 01 513.Z6 (eet. Thence: run N 68'..39' H" W 200,00 leet, - Thenc,e tun along a curve to the left having a udius of 16:'>9.86 l~f.t, chord bea ring N 17' 08' 32" E:: and chord ICI.gth ot 243. 07 ir.ct. Thence run N ll' 56' 36". E 110.00 Ieet. Thence run N 77. 00' DO" W 1005 i~et plus or Ininu.s ! . .., to the Mean High Water Line of the Gulf of Mexico: Thence run along said MtAn High Water L.ine! to a Point,. ":Lid Pc.i~ t>.inll the intersection o( the l\,.!c:~n f'Iigh Waler Line and a. lh,e haviinc a Bearing of N 47' 46' .29" West (rem the: Point of De.~~nning. T:hence run S 41' 46' Z9" E 1310 feet plus 0.1" mimAS to the Point 0' Beginning. ....-"'. .02/13/2003 ; .-...../ .._...,'. ~/ ,'. .~ 09:54 7275624755 -1.1 . . . . " 1 ..~-\ t./. ... i ~~:. UN!T~D ST~TE5 STEEL CO~PORATION TO CI~Y OF CLF.ARWA~ER E~ PAGE i i I i I I D. R. 3991 f~ctl09~ I I I I I i i PAllCr-:L 1 8 Starti:1!: at th.: Southw~st corner oC Section 11. Town5hip 2.9 SQuth, Range 15 Ea9t. run N 89' 10' }1" E Thence N 42' 13' 31" E run Thcnc~ 5 41. 46' 29" E run Thence run N 39' 50' 23" E ....~. 843.47 feet. I j i 50, 00 feet I 162.. 96 feet to the Point of J3egiJ~n~ng. 1959.36 IC+; I i 106..00 .feet plus or rninus, to t1e I 198). 2. 5 .feet a Chord flearixIg. of N 29' 24' 02" E Thence /:un a.tong a curve to the left having a radhl9 of !)49,5S teet. Ther..ce run S 68'.39' 32" E Mean 'High ."! ate r Line of Clea rwalU' Ha r!)O r. Thence'run $lons liaid High Wale/: Line to .. Pl:'int, 931id Point Thence run N 47. <1~' 29" V,. 5 47. 46' 29" J:: lrom 58. (;0 fee: i ! i ; . i tbe Point l:'f j:'."ginnilIF. plus or minus to the I ! bavlng the .i'earing 0' being the il'1ter.!lectio:1 of th" Mean High W:l.teJ' L~nc a.nd a line. Point oJ ?cgiOrlinG' i I i i i ! I I I ; . .j i I I ! 06 . I j i I. ; , 02/13/2003 09:54 7275624755 E~ PAGE 07 '0:"4535 I'A~I~1410 .. ..-:,' ~NG\NEE{l'NG OlVlS,OH 77058581 . OffiCE corY FEE SIMPLE DEED -0...../ nus DEf-D, made this -D- day of February , 19.1L, by PINELU\S COtNIY, FLORIDA, party of thE; fiTst part, and the ern' OF c~~~TER, n municipal corporation of the State of Florida, paTty of the t: 0 ~~'TqF <::.l.v<-' - . / '-A:-c:r second paTt, . 35':::;1,r WIT N E SSE T t1: That the said p~rty of clle first part, for ~ld in consideration of the sum of $1.00 to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, h~s granted, bargained and sold to the party of the second part, his heirs and assigns forever, the fol- lowing described land lying and being in Pinellas County, Florida: 01 C~sh~ &0 Rec ~ Q n (fN::'--9~) 41 51 . 50 ("t" J-A ) 42 Sur I~/I (eJ.c"' $-4 ) 4) I~I ............. (See legal description shown as ElChibit "A" fOI R ~tU attached hereto) /"5~~ . .............. !:1 C=.1 ~ .~~(')~ :':'p~!4 t~ I~; ~ c: :.' . .~ ?.! . " "1 .... : , .-1 t- "l ~ fJ ~ ~ ...~.. ~ .~ nl WrrNESS WHEREOF, the said pany of tile fiTst put has caused these presents to be executed in its name by its Board of COl~ty COIlI1\issioners ac.ting by the Chairman 01' Vice Chainnan of said board, the day i \/ }/\ and year aforesaid. :-- .- . .. . ~ .. '. ~ J C, ., .' ~~ . '..,;. ;:,,';; & ~j 1':: ~J 1 ~ i:-=f~ =. ,- r- r) PlNELLAS COUNTY, FUORIDA. * politic~l subdivi~ion,by and thTough its governing body. the Board of County Coll1l\i.ssioners. .yh~ .... 00 II:: .... <II; I:. APPIlDVED AS TO r:orol Offic.e of County Attorney By. ~~sd:an~co~ . '. ~n'EST,: . .... !f-'~ This InStn.unent pr$pa.red by: 'frKliAS C. SO-IIIiRECK Assistan~ County Attonley 315 Haven Street Clearwater, Florida 33516 ,. .... .... , ;... ...-..;.,.,' : ::~.. ~1Il..' ....~ .- .:~ .'.1-- ~:T~;:.;L~ "'~. ....:a. -oJ ...- "- ,~ .. ,~.;;.(. -".,..,.~ . ""I .02/13/2003 09:54 7275524755 ENG PAGE 08 ..-.,' -" "',--/' Fee Simple Deed from Pinellas County to City of Clearwater ~S~I 'O~I. 4535. ~^&E.l.11i IYt(J ! . .' EXHIBIT A {':. , ' ;' PARCEL 2B: Beginning at the Southwest corner of Section 17, Township' 29 South, Range 15 East, run North 890 10' 31" East, 834.47 feeL; .th~nce run North 42013' 3110 ca.st, 1831.07 fee't; thence run South 470 46' 29" East, 50.00 feet to the Point of Beginning; . thence run North 420 13' Hit Ea.$t, 152.18 feet; thence run along; an arC of a curve to the left having a Tadius of 1959.86 feet, i a chord bearing of NOTth 39" SO' 23" East and a chord length of : 162.96 feet; thence run.Soutll 47" 46' 19" East to the Mean High; Water Line of Clearwater Harbor; thence run along said High ! WateT Line to a Point, said Point being the intersection of said, Mean High Water Line and's line having a Bearing of Sou~h 470 . 46' 29" EaST; from ~he Point of Beginning; thence run NOTt.h 470 ; 46' 29" West. 62.00 feet plus .or minus to the point of Beginnin~. and '-' PARCEL 3B: Starting at the Southwest corner of Section 17, Township 29 South, Range 1S East~ run North 890 10' 31" East along South line of said Section 17, 843.47 feet to a point of intersection with the centerline of Gulf Blvd.; thence run North 420 13' 31" East along said centerline of Gulf Blvd., 1516.07 feet; thence run South 470 46' 29" East, 50.00 :feet t.o the Point of i Beginning; thence run North 420 13' 31" East, 315.00 feet; then4e run South 470 46' 29" East, 62.00 feet to the Mean High Water ! Line of Clearwater Harbor: thence run along said Mean High Wate* Line to a Point, said Point being the intersection of the Mean ; High Water Line and a line having the Bearing or South 470 46' 29" Bast from the Point of lleginning; thence run Not'th 470 46' 29" Wes t. 11 S. 00 feet plUS or minus to the Point of Beginning. . and PNtCEL 4B: Starting at the Southwest comer of SECTI(J-l 17, 1'O\'4'lSHIr 29 SOUIH, RANGE 15 EAST, run N. 89 deg. 10'. 31" E., 543.47 feet. Thence TUn N. 42 deg. }3' 31" E., 1201.07 feet. thence Tun S. 47 deg, 46' 29" E.. SO,OO feet to the P.D.B., thence run N. 4l del;. 13' 31" E., :ns.oo J.fi!et, thence Tun S. 47 deg. 46' 29" E., 115.!<)O feet plus or minus to the Mean Big\:!. WllteT Line of Clearwater Harrbor. Thence Tun a:tong said Mel1n High Water Line to t\ Point, sai~ Poi".t being the intersection of .the l!e:1n lIi~h Water Line Ilnd :l Line i having a Beat'ing of S. 47 deg. 461 29" );. from the Point of Beg,in- ning. Thence run N. 47 Deg. 116' 29" IL, 280.00 feet plus 01' I minus to the Point of Beginning. and -" PARCIiL SB Statting at the Southwest corner of SECTION 17, TOI'INSHIP 29 SOU1'II, RANGE 15 EAST, run N. 89 deg. 10' 3110 E., 843.47 feet, thence ~un , 02113/2003 :./- /' '---/ .,-,,' ,--,,' 09:54 7275624755 ENG PAGE 09 Fee Simple Deed from PinellaS County to City of Clearwater g r?{ \ "'0.1.4535 '^Gft4i2 , . :/Y/O Page Two of E~iI8IT A N. 42 deg. 13' 31" E., 886.07 feet, thence Tun S. 47 deg. 46' 29" E.. 50.00 feet to Point of Beginnillg. Thenc.e run N. 42 deg. 13' 31" E., 315.00 het thence run S. 47 deg. 46' .29" 10.,280 feet to the Mean High Water Line of Clearwater Harbor. Thence run Southwesterly along said Mean High Water Line to ~ Point, s~id Point being the intersection of ~he Mean High Water Line and a Line having the Bearing of S. 47 deg. 46' 29". E.. from the Point of Beginni.ng. Thenc.e run N. 47 deg. 46' 29" 1'1., 237.00 feet plus or minus to the point of Beginning. gj g 1; E ::if c.. ~ a; $1 o M o o ~ ~ o ci ~ c ~ ~ c:: w c.. ~ z ::> o !:J Cl ~ o N o o ~ M In U '" 0' lr. "t> ~ U LOCA TION OF PROJECT N.T,S. COURlNEY cMlBELL p1JlJ(WAY TAMPA BAY VICINITY MAP CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT IlIA.. II' NollO -II' GlB _II' eRF SAND KEY SAILING CENTER EXTEND EXISTING DOCK 1 CONSTRUCT DOCK 2 GAll: 1/03 ... lilt. county permit 1 of 4 .. " E ~ E :f a. :g .:; ~ o M o o ~ M o (;J o c5 ~ c ~ :il a: UJ a. ~ z ::l o (.) '" ~ ~ '" o o '" l"; .l!l u " 'e- a. "0 ~ U ~ ~ r i ~ Ai ~ ~ v / LOCATION MAP CITY OF CLEARWATER, FLORIDA I ENGINEERING DEPARTMENT -..... SAND KEY SAILING CENTER DAlE Novo 1/03 --... EXTEND EXISTING DOCK (/1 -..... GLB CONSTRUCT DOCK 2 county perm; -... W 2~4 <Il " E o is E :i 0.. co '" .. c:'l ;; M o o N M o N o cj s: o ~ :E 0: W 0.. ~ Z ::J o y Q) ;l "0 <0 o ~ N o o N Fi tl CD .0' c: "0 " " ::! U o I 100 200 I I AERIAL PHOTO CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT SAND KEY SAILING CENTER EXTEND EXISTING DOCK #1 CONSTRUCT DOCK 2 IIlIA.IT Novo _IT GLB _IT eRf DAn: 1/03 DC. NO. county pennlt GRAPHIC SCALE ( Dl n:ft ) I !Deb - 200 lL Flown 12/99 3 of 4 " E '" "0 m :;;" e( ;;; ~ '" iO o '" o o I::! ... o (;j o on ~ :;; '" to o N o o N -c:: .. '" to ~ N g f;j " (3 .. 'e- o. "0 ~ U SANDKEY SAILING CENTER ORA" BY EA OIECKED BY llM D(SIGNED BY N/A APPROlJEO BY: CITY OF CLEARWATER. FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING SAND KEY SAILING CENTER EXTEND EXISTING DOCK #1 CONSTRUCT DOCK #2 DAlE 02/04/03 Dwo. NO. 2002106aer SHErr 4 OF 4 SUPER\/1SlNG ENGINEER GRANTEE: ATTACHMENT B PAYMENT REQUEST SUMMARY FORM GRANTEE'S GRANT MANAGER: AMOUNT REQUESTED:$ PAYMENT REQUEST NO.: PERFORMANCE PERIOD: PERCENT MATCHING REQUIRED: DEP AGREEMENT NO.: DATE OF REQUEST: GRANT EXPENDITURES SUMMARY SECTION Effective Date of Grant throu End-of-Grant Period] AMOUNT OF TOTAL MATCHING TOTAL CATEGORY OF EXPENDITURE THIS CLAIM CUMULATIVE FUNDS CUMULATIVE FCMP CLAIMED MATCHING CLAIMS FUNDS Salaries $ $ $ $ Fringe Benefits $ $ $ $ Travel (if authorized) $ $ $ $ Equipment Purchases $ $ $ $ Subcontracting: $ $ $ $ Planning $ $ $ $ Design $ $ $ $ Construction $ $ $ $ Construction Related Costs $ $ $ $ Supplies $ $ $ $ Other Expenses $ $ $ $ Indirect $ $ $ $ TOTAL AMOUNT $ $ $ $ GRANT BUDGET AMOUNT $ $ Less Total Cumulative Payments of: $ $ REMAINING BUDGET IN GRANT $ $ GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA COASTAL MANAGEMENT PROGRAM INSTRUCTIONS FOR COMPLETING ATTACHMENT B PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name ofthe grantee's agency. DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CZ4 __' DATE OF REQUEST: This is the date you are submitting the report. AMOUNT REQUESTED: This should match the amount on the "TOTAL AMOUNT" line for the "AMOUNT OF THIS CLAIM' column. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant agreement. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period, PERCENT MATCHING REQUIRED: Enter your match requirement here. It is either 100% or N/A for Section 309 grants. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was paid out during the reporting period. This must be by budget category as in the currently approved budget in Attachment A, Project Work Plan, or amendment of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Budget Narrative section of Attachment A. Enter the column total on the "TOTAL AMOUNT' line, Enter the FCMP budget amount on the "GRANT BUDGET AMOUNT' line, Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line, Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the "GRANT BUDGET AMOUNT' for the amount to enter on the "REMAINING BUDGET IN GRANT' line, "TOTAL CUMULATIVE FCMP CLAIMS"COLUMN: Enter the cumulative amounts that have been claimed to date for FCMP expenses by budget category, The fmal report should show the total of all claims, first claim through the final claim, etc, Enter the column total on the "TOTAL AMOUNT' line, Do not enter anything in the shaded areas. "MATCHING FUNDS CLAIMED" COLUMN: Enter the amount to be claimed as match for the reporting period, This needs to be shown under specific budget categories according to what is in the currently approved Attachment A, Project Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "GRANT BUDGET AMOUNT' line for this column, Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column, Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the "GRANT BUDGET AMOUNT' for the amount to enter on the "REMAINING BUDGET IN GRANT' line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category, Put the total of all on the line titled "TOTAL AMOUNT." The final report should show the total of all claims, first claim through the fmal claim, etc. Do not enter anything in the shaded areas. GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager and the Grantee's Fiscal Agent as identified in the grant agreement. NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form (available from staff of the Florida Coastal Management Program or use your affiliation's reimbursement form, provided it has been approved by the Comptroller's Office of the State of Florida). Do not forget to submit the Invoice Schedule and Match Schedules along with the Payment Request Summary Form. If you have any questions please do not hesitate to contact Debbie Skelton at (850) 245-2182, EXAMPLE ATTACHMENT B PAYMENT REQUEST SUMMARY FORM GRANTEE: Citv of Baker GRANTEE'S GRANT MANAGER: Joe Smith PAYMENT REQUEST NO.: 2 PERFORMANCE PERIOD: 10/1/2002 to 12/30/2002 PERCENT MATCHING REQUIRED: 100 % DEP AGREEMENT NO.: CZ333 DATE OF REQUEST: 1/10/2003 AMOUNT REQUESTED:$ 1500 GRANT EXPENDITURES SUMMARY SECTION 7/1/2002 to 9/30/2003 [Effective Date of Grant throu End-of-Grant Period] AMOUNT OF TOTAL MATCHING CATEGORY OF EXPENDITURE THIS CLAIM CUMULATIVE FUNDS FCMP CLAIMED CLAIMS Salaries $ $ $600 Fringe Benefits $ $ $300 Travel (if authorized) $ $ $ Equipment Purchases $ $ $ Subcontracting: $ $ $ Planning $1000 $1500 $ Design $ $ $ Construction $ $ $ Construction Related Costs $ $ $ Supplies $500 $500 $ Other Expenses $ $ $ Indirect $ $ $ TOTAL REQUESTED $1500 $2000 $900 TOTAL GRANT AGREEMENT $25000 $25000 Less Total Cumulative Payments of: $2000 $1800 TOTAL REMAINING IN GRANT $23000 $23,200 GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Joe Smith Print Name Grantee's Fiscal Agent Nancy Brown Print Name (324) 232-1233 Telephone Number DEP Form 55-223 (324) 232-1234 Telephone Number TOTAL CUMULATIVE MATCHING FUNDS $1200 $600 $ $ $ $ $ $ $ $ $ $ $1800 ATTACHMENT C PROGRESS REPORT FORM DEP A2reement No.: Grantee Name: Grantee Address: Grantee's Grant Mana2er: I Telephone No.: I Reportinl!: Period: Pro.iect Title: Provide a summary of project accomplishments to date by objective and task. If tasks were not addressed during the reporting period, provide reasons why, if tasks were completed and reported on in previous reporting period, please identify what reporting period task was completed in. Identify below, and attach copies of, any relevant deliverables being submitted for the project for this reporting period (e.g., Deliverable 1.1: copies of permits, Deliverable 1.2: before photographs, etc.) Provide an explanation for any anticipated delays or any problems encountered. DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA COASTAL MANAGEMENT PROGRAM INSTRUCTIONS FOR COMPLETING A TT ACHMENT C PROGRESS REPORT FORM DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CZ4__ GRANTEE NAME: Enter the name of the grantee's agency. GRANTEE ADDRESS: Enter the address that is on the fIrst page of the grant agreement. GRANTEE'S GRANT MANAGER: Enter the person identifIed as grant manager in the grant agreement. TELEPHONE NO.: Enter the telephone number where the grant manager can be contacted. REPORTING PERIOD: This is the beginning and ending date of the reporting period, it can cover more than one quarter. PROJECT TITLE: Enter the Title shown on the fIrst page of the grant agreement. Provide a summary of project accomplishments to date by objective and task. If tasks were not addressed during the reporting period, provide reasons why, if tasks were completed and reported on in previous reporting period, please identify the reporting period when the task was completed. This section should show the progress to date for each objective and task that was scheduled to begin or be completed in the period you are reporting on, If there was no progress for a task that was to start or be completed, please explain the reason. If tasks were completed and reported on in a previous report, please state when they were completed (for example: "This task was completed and reported on in the report submitted October 20"). Provide a brief description of the progress, do not merely say "on-going" or "completed," Identify below, and attach copies of, any relevant deliverables being submitted for this reporting period (e.g., report data sets, links to on-line photographs, etc.): Ensure that any deliverables listed in the grant agreement, as well as those not listed are included. For instance, you may send copies of agendas or minutes of meetings, photos of displays, or other supporting documentation to show the completion or progress towards a task. Label the deliverables by objective and task number(s) that they are associated with (for example: Deliverable 1.1 for Objective 1, task 1). Provide an explanation for any anticipated delays or any problems encountered: Provide a brief summary of any anticipated or encountered problems or delays, EXAMPLE ATTACHMENT C PROGRESS REPORT FORM DEP Aereement No.: CZ333 Grantee Name: City of Baker Grantee Address: 2322 W. lOth Avenue, Baker, FL 32322 Grantee's Grant Manaeer: Joe Smith I Telephone No.: I (324) 232-1233 Reportine Period: 10/1/2002 to 12/30/2002 Pro_iect Title: Baker Beach Sea Turtle Monitoring Provide a summary of project accomplishments to date by objective and task. If tasks were not addressed during the reporting period, provide reasons why, if tasks were completed and reported on in previous reporting period, please identify the reporting period task was completed. Objective 1: Task 1: This task was completed and reported on in the report submitted October 20, 2002. Task 2: The volunteer group monitored the north section of Baker Beach and found 211 sea turtle nests. Task 3: The water was tested at this section of the beach for acidity. Objective 2: Task 1: The first draft of the brochure was completed. Identify below, and attach copies of, any relevant deliverables being submitted for the project for this reporting period (e.g., report data sets, links to on-line photographs, etc.) Deliverable 1,1: A map of the nesting locations. Deliverable 1.2: A water analysis report. Deliverable 2.1: Draft brochure for FCMP approval. Provide an explanation for any anticipated delays or any problems encountered. ATTACHMENT D QUARTERLY PROJECT GENERATED INCOME REPORTING FORM INSTRUCTIONS 1. The Project Generated Income (PGI) Reporting Form is designed to report income earned as a result of project activities and to request expenditures of same. 2. Fill in the required information in the blank spaces at the top ofthe form (county, recipient agency, project title, proposed method of expenditure, project number, report period, and the appropriate reporting quarter), 3. Column 1: Total Amount ofPGI Earned This Quarter--This column must reflect 100 percent of federal/match federal funding. 4, Column 2: Total Amount ofPGI Earned To Date--This column should reflect a cumulative total of PGI earned to date. 5. Column 3: Total Amount ofPGI Unbudgeted--This column should reflect the amount of PGI not budgeted in column 4, 6. Column 4: Requesting Budget Approval to Expend PGI By Budget Category-- This column should reflect a cumulative breakdown by budget category of proposed and already approved expenditures. It should be noted that a letter of submission requesting approval to expend PGI must indicate the amount, method of expenditure (Addition or Match) and the purpose for which it will be expended. 7. Column 5: PGI Expenditures By Budget Category To Date--This column should reflect a continuous update of PGI expenditures. The dollar amounts reflected in each budget category should be cumulative for all previous quarters of project operation. 8. Column 6: Remaining PGI To Be Expended By Budget Category-- This column should reflect PGI funds that have been approved for expenditure but have not been expended, The remaining funds should be reflected by budget category and should be cumulative. 00 ~ ~ .......:r:: Ou :;.; ffiEo-< ~~ U ~~ ~ ....... ~ I ~ ~ ~ ~ Oz ~ 00 0....... ~ ~t: u z ~~ ~ Eo-< ~ ~ ~ ~ 0 ~ =-- ft ~ 0 ~ ~ 0 u z ~ Q ~ ~ ~ ~ z ~ \J ~ U ~ ~ ~ 0 Eo-< '-' =-- ~ ~~ ~~ o~ ~~ ~O' >- CO o .... OJ! ~ 0 ~ 01 0 ....... ~ d ~I ....... ~ Eo-< ~ Eo-< lJ... ~..... U ~ ~ 1 :5 ~ 0 ON 0 lJ... lJ... I 0 ~ ~ U lJ... ~- ~Eo-< co~ 08 Eo-<~>- 00 .......CO~ Eo-< ...:l 5 ~>-o ....... ~ ~ G'dCOd ffi ~ ....... 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Z :r:: z Eo-< ~ ~ 0' ~ 0 E-< 0 0 ~co 00 ~ E-< ~ 00 U 0 U E-< ....... d lJ... ~ 00 E-<~ ~:5~ .....oB '-'~ ~~ ~ 0 E-< ....... d lJ...~ ~Eo-< o~ E-<O ~:5~ t!,oo ~~ ~z ....JO:: ~~ Eo-<~ 0 E-< ....... d lJ... ~ oga E-<:r::~ :5E-<~ ~ oEo-< -O~~ '-'~z~ ~~~ ~O' ....J~ ~ 0 E-< Q) ~ ~ 0 ..... ~ 11) ;> .... 11) u ~ 11) ...... S ~ d Cl lJ... !:l-. ffi c...... 0 1:: ~ 11) ~ 8 0 ell ell E-< 11) ....J ell ell ~ ~ :> 11) 0 ~ ~ lJ... ~ lJ... U ~ ~ d ~ ~ Eo-< ell 00 ..... ~ U 1-0 ~ 11) 11) 0' r+=: u ~ ~ ~ 4-< ffi 11) 0 ;> ~ 0 :r:: {l .... ~ ~ 0 J3 s:: ~ .... Eo-< 11) ~ ~ bl) c...... ...:l ~ 11) ~ .... 11) ..s::: 0 ~ u u ] ~ co Eo-< S' C/} ~ c...... ~ 0 ~ ..... ell 11) 0 ..0 ~ 11) ~ ..s::: :> ..... t:: 0 ..... ~ cO .... 1:: ~ 11) Z u Eo-< ....... ~ d 0 ~ co 0 ~ :r:: u ~ ~ ~ :r:: E-< PROJECT GENERATED INCOME BUDGET NARRATIVE BUDGET NARRATIVE: This section must provide a brief narrative description of the PGI Budget by budget line item category, Start below and use continuation pages as necessary, ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the"Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-B3 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-B3, 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-B3, as revised, 1, In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-B3, 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-B3, 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-B3, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-B3, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-B3, 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 htto://asoe.os.dhhs.gov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CZ417, Attachment E, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes, 1, In the event that the recipient expends a total amount of State 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 ofthe Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT J 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 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)(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 website located at htto://sun6.dms.state,fl.us/fsaa/catalog,htm or the Governor's Office of Policy and Budget website located at htto://www.eog.state.fl.us/for assistance, In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.1eg.state,fl.us/. Governor's Website htto://www.flgov.coml, Department of Financial Services' Website htto://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 l. Copies of reporting packages for audits conducted in accordance with OMB Circular A-B3, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-B3, as revised, 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 DEP Agreement No. CZ417, Attachment E, Page 2 of 5 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as revised, 2, Pursuant to Section .320(t), OMB Circular A-I33, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies of financial reporting packages required by PART II of this Agreement 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 ofthe Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4, Copies of reports or management letters required by PART III of this Agreement 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 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. DEP Agreement No. CZ417, Attachment E, Page 3 of 5 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. 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