11/18/1993
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING - November 18, 1993 (6:00 P.M.)
Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then
state your name and address. Persons speaking before the City Commission on other than Public
Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same
subject unless granted permission by the City Commission.
1.
2.
3.
4.
5.
6.
Pledge of Allegiance
Invocation
Service Awards
Introductions and Awards
Prese ntati ons
Approval of Minutes
1 . Mayor.
2. Reverend Dennis MacAleer, Trinity
Presbyterian Church.
3. 2 awards presented.
4. Proclamation: Drunk & Drugged Driving
Prevention Month - 12/93.
5. a) Plaque pj'esented to City from Grapevine
Theatre Company for support of cultural
arts.
b) National Safety Council Occupational
award presented to City.
c) Mayor presented Torch award to Milt
Cason, Loss Control Specialist.
6. None.
.;,
Not Before 6:00 P.M. - Scheduled Public Hearings
(1) Presentation of issues by City staff.
(2) Statement of case by applicant or
representative (5 minutesl.
(3) Statement of case by opposition (5
minutes).
(4) Commission questions.
(5) Comments in support and in opposition: (a)
individual (3 minutes); (b) spokesperson for
groups (10 minutes).
(6) Commission questions.
(7) Rebuttal by opposition (5 minutes).
(8) Final rebuttal by applicant or representative
(5 minutes).
PUBLIC HEARINGS
7. <Cont. from 11/8/93) Public Hearing & First
Reading Ords. #5483-93, #5484-93 &
#5485-93 - Annexation, land Use Plan
Amendment to Commercial General for
Parcel A and to Residential/Office/Retail for
Parcel Band CG Zoning for both parcels,
for property located at 23917 US 19 N,
Parcel A - Hill-Top Sub., part of Lot 7,
Parcel B - Ehle Sub., part of Lot 1 (U-Haul
of West Coast of Florida A93-22, LUP93-
30)(CP)
7. Approved. Ords. #5483-93, #5484-93 &
#5485-93 passed 1 st reading.
11 /1 8/93
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8. Alcoholic Beverage Separation Distance 8. Approved variance of 67' to allow an
Variance for property located at 23988 alcoholic beverage use 133' from a
US19N, Blackburn's Sub., part of Lot 1 and similarly licensed establishment.
part of vacated street (Chevron, U.S.A.,
Inc., A893-13HCP)
9. Alcoholic Beverage Separation Distance 9. Withdrawn.
Variances for property (Walgreens Drug
Store) located at 2005 Gulf-to-Bay Blvd.,
Midway Sub., Lots 1-12 (Morritt Homes,
Inc. AB93-1 2){CP)
9a (Not a Public Hearing) Preliminary Site Plan 9a Withdrawn.
for Walgreens Drug Store located at SE
corner of Gulf-to-Bay Blvd. and Hercules
Ave. (Vietto)(CP)
10. (Cont. from 10/21/93) Public Hearing - 10. Declared surplus; Res. #93-59 adopted.
Declare surplus a 100' wide portion of city-
owned real property at Clearwater Country
Club for the purpose of granting a power
distribution easement to Florida Power
Corporation over, under and across same;
Res. #93-59 - dedicating the easement
premises to the corp. (PW)
10a (Not a Public Hearing) First Reading Ord. 10a Ord. #5325-93 passed 1 st reading as
#5325-93 - establishing City's reclaimed amended.
water rate system & to recover city's costs
for reclaimed water service from the
benefiting properties
Public Hearing - Second Reading Ordinances
11. Ord. #5398-93 - IL Zoning for property, 11 . Ord. #5398-93 adopted.
Parcels A & B, located at 508-602 N.
Garden Ave., Parcel A - Nicholson &
Sloan's Addition, Lots 7 & part of 8; Parcel
B - Nicholson & Sloan's Addition, Lot 9 and
part of Lot 8 and Bidwell's Oakwood
Addition, Lot 29 & 30, approx. 1.12 acres
(Bilgutay Z93-04)
12. Ord. #5434-93 - re: appointive boards & 12. Ord. #5434-93 adopted.
committees of the City; amending Sections
2.061 through 2.069
13. Ord. #5460-93 - LDCA amending Secs. 13. Ord. #5460-93 adopted as amended.
44.08 & 44.54, to allow temporary signs
under certain circumstances
14. NO ITEM. 14. No item.
11/18/93
2
15. Ord. #5489-93 - Vacating south 1.5' of the
northerly 10' drainage & utility easement
lying in Lot 197, Woodgate of Countryside
Unit One (Gantley V93-1 2)
16. NO ITEM.
16a Ord. #5493-93 - re: DDB, amending Sec.
2.145, relating to freeholders' referendum
elections, to provide for one ballot per
parcel of property rather than one ballot per
owner of property and revising or
eliminating certain obsolete provisions
15. Ord. #5489-93 adopted.
16. No item.
16a Ord. #5493-93 adopted.
17.
Special Items of widespread public interest
a)
PD&E study re: Drew Street (Post, Buckley,
Schuh & JerniganHPVV)
Overview of project given & preferred
alternative. Monday worksession to be
scheduled to discuss all alternatives with
Thursday meeting to receive public input.
a)
18.
Citizens to be heard re items not on the Agenda
David Fellows requested Commission prepare proclamation not allowing any new businesses to sell
alcoholic beverages within 300 feet of any school within the City.
Robert Clark complained regarding juvenile vandalism in Northwood area, Florida education system
and illegal drugs.
Ernie Barker said the City's engineering department is not being used to full efficiency. He felt not
enough research was done regarding removal of westernmost bridge. He expressed concern
regarding 8 foot parking lanes along Cleveland Street.
Pat Bardmore requested consideration of regulating occupational licenses for adult video stores
adjacent to schools.
Shirlev Moran thanked the Commission for support of Holiday on Islands.
Steve Saliga asked the public be informed when items regarding Drew Street widening is scheduled.
He thanked Commissioner Thomas and Deegan for paying special attention to cable T.V. problem.
Robert WriQht thanked the Commission for including corporation filing fee as preferred item for
legislative package. He was disappointed the enclave issue was not pushed. The City Attorney is to
expedite working with county attorney.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #19-29) - Approved as submitted less Items #23 & #25.
,
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
19. Renewal of non-exclusive Medical Services
Agreement with Doctor's Walk-In Clinic for
medical services to city employees suffering
11/18/93
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job-connected injuries/illnesses, for the
period 1/1/94-12/31/94, at an est.
$35,000 (AS)
20. Renewal of contract with HCA Family Care
Centers Walk-In Clinics, Largo, FL, for
physical examinations and other medical
services, for the period 1/1/94-12/31/94,
for an est. $41,682.91 (HR)
21. Extension of contract with Louis Dreyfus
Energy Corp., Atlanta, GA, for interim
purchase of premium fuel, for the period
10/16/93-12/15/93, at an est. $80,000
(GS)
22. Extension of contract with BP Oil Company,
Atlanta, GA, for interim purchase of diesel
fuel, for the period 10/15/93-12/15/93, at
an est. $36,800 (OS)
23. Purchase of lubrication services from
Pelican Car Wash and Quick Lube, Inc.,
Clearwater, FL, for the period 11/19/93-
11/18/94, at an est. $11,343 (GS)
24. Transfer of $8,288 from unappropriated
retained earnings of Marina Fund into CIP
93483 (Marina Building Improvements) for
fabrication and installation of 12 signs on
marina building (MR)
25. 5th amendment to paragraph 3 of lease
agreement dated 6/1/90 with Starlight
Holdings, Inc., for Room 8 (MR)
26. Receipt/Referral - proposed LDCA re:
revisions to Planned Development District
requirements (LDCA 93-16l<CP)
27. Preliminary Site Plan for First Evangelical
Lutheran Church located at 1644 Nursery
Road (Howard)(CP)
28. Preliminary Site Plan for Dosatron
International, Inc. located at 2090
Sunnydale Blvd., Clearwater Industrial Park
(Sunshine Properties/Kelly)(CP)
29. Sanitary sewer lien agreement (1654 Owen'
Drive - AlexiadesHCA)
23. Approved.
25. Approved.
OTHER ITEMS ON CITY MANAGER REPORT
30. Discussion re: consolidated City Hall project
11/1 8/93
30. Rescinded previous action regarding City
Hall. Approved building a consolidated City
Hall on current site with smaller profile split
garage design.
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31. Construction contract to Kamminga &
Roodvoets, Inc., Tampa, FL, for installation
of a sanitary sewer main in Irving Avenue,
for $68,920 (PW)
32. NO ITEM.
33. (Cont. from 10/18/93) Purchase and
installation of a rooftop heat pump/air
conditioning system for the Police
Communications Center, from TBG of
Tampa, Inc., Tampa, FL, for $27,486 (PO)
34. Trolley Contracts
31. Approved. Direction given to schedule
discussion regarding incentive for hooking
into sewer line.
32. No item.
33. Approved.
34. Approved funding agreement with newly
formed non-profit corporation, Jolley
Trolley Transportation of Clearwater, Inc.,
to provide trolley services on Clearwater
Beach, Sand Key, Island Estates &
Downtown as amended.
35. Other Pending Matters
a) Cleveland Street parking
35. a) Approved metered parking for new
spaces on Cleveland Street, between
Myrtle & Osceola Avenues. Directed staff
to initiate rates consistent with other areas;
Approved modification of sign on Gulf-to-
Bay Boulevard; Requested City Manager to
direct the Traffic Engineer to create" NY"
box at Bayfront intersection and install hi
visibility signage "Do Not Block Box".
Accepted Traffic Engineer's
recommendation to install flex posts at
south bound lane and left turn lane at
Bayfront intersection and to add westbound
to southbound left turn lane on Cleveland
Street.
. b) Authorize execution of FY 1 993/94
CDBG Sub-recipient agreements
b)
Authorized execution.
c) Contract to Grosz-Hales Construction
Company, Inc., Tampa, Florida, to renovate
the restrooms at Jack Russell Stadium for
$109,250 (PR)
c)
Approved.
CITY ATTORNEY REPORTS
36. a) Res. #93-70 adopted.
36. Resolutions
a) Res. #93-70 - Lot clearing
b) Res. #93-74 - establishing fees for
applications and licenses for adult use
establishments
b) Res. #93-74 adopted.
1 1 /1 8/93
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37. Other City Attorney Items
a) Request for authorization to file quiet title
action to portion of S. Shore Blvd. for
Clearwater Pass Bridge project
38. City Manager Verbal Reports
a) 12/4/93 Street Festival - closure of street
b) Barnett Bank Plaza (material provided
11/12/93)
39. Commission Discussion Items
a) (Cont. from 11/15/93) Rare
Environmentally Sensitive Land
b) (Cont. from 11/15/93) Walgreens
rezoning at Morritt Center - Hercules &
Gulf-to-Bay
c) Short Term Rentals
d) McMullen Booth Road/Marlo Drive
e) Phillies Celebration
f) Parks & Recreation - Fred Fisher
g) Policy Review - Parks & Recreation
impact fees
40. Other Commission Action
11/18/93
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37. a) Approved.
Special meeting regarding Sun Bank
Building closing scheduled for 11/24/93 at
2:00 p.m.
38. a) Approved.
b) Accepted City Manager's
recommendation not to purchase building
to convert to police building. Direction
given to City Manager & Police Chief to
bring back a recommendation for a site for
main headquarters in City.
ITEM: The City Manager reported a request
has been received for the City to subsidize
replacing twinkle lights on trees along
Cleveland Street. No action taken.
He referred to meeting with School Board
and City Attorney said a date is being
negotiated.
39. Continued a-g.
'. 40. Thomas requested "Citizens to be Heard".
come up before public hearings with
citizens registering to speak with the City
Clerk. City Clerk to come up with
proposal.
Deegan questioned whether the Hildebrandt
study regarding the Legal Department
should be cancelled. Consensus not to. '
Kathy Rice said the audit is proceeding.
6
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41. Adjournment
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Discussion ensued regarding the City
Manager and City Attorney evaluations.
Consensus to do as previously done.
Agendaed for 1 2/16/93
Berfield referred to a letter from the
Clearwater Bombers and the $10,000 in
matching funds if supported by private
sector.
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TO:
Commissioner Deegan
Cynthia E. Gondeau, City Clerk f!!5)
Evaluations - 11118/93 Action Agenda
FROM:
SUBJECT:
COPIES:
Mayor and Commissioners
Michael J. Wright, City Manager
M. A. Galbraith, Jr., City Attorney
DATE:
November 24, 1993
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CITY OF CLEARWATER
Interdepartmental Correspondence
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Date NO V
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Action Agenda is in error. I
being published and distributed
You are correct, the November 18, 1993,
apologize. ___ '"' \ I did not review it prior to its
and thert:fd not catch the incorrect information.
The consensus regarding the evaluations is as you stated at the
meeting and in your memorandum. Each Commission member is to meet
individually with Mr. Wright and Mr. Galbraith prior to the December 16,
1993, Commission meeting. A public report regarding the evaluations will
then be given at the meeting on the 16th.
Again, I apologize for the error.
C I T Y OF C LEA R W ATE R
Interdepartmental Correspondence
TO:
Mayor Garvey
FROM:
Sally Thomas, Agenda Clerk
SUBJECT:
Invocation
COPIES:
Cynthia Goudeau, City Clerk
DATE:
November 18, 1993
Tonight's invocation will be given by Reverend Dennis MacAleer, Trinity Presbyterian
Church, 2001 Rainbow Drive, Clearwater, FL 34625
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CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
Item #
Meeting Date:
Subject:
SERVICE A WARDS
Recommendation/Motion:
The following employees be presented with service awards for their length of service in the
employment of the City of Clearwater.
o and that the appropriate officials be authorized to execute same.
BACKGROUND:
5 Years:
Elizabeth A. Alvarez
Faye A. Wilkinson
Stephan A. Hole
Jose A. Reid
Bryan C. Makowski
John E. Smith
Gerald A. Peer, Jr.
Police
Police
Police
Police
Po lice
Police
Police
Catherine M. Gavel
Loretta E. Qui nn
Anne E Downes-Blackburn
Ronald G. Reist
Evelyn F. Cone
Police
Pol ice
Fire
Marine
Human Resources
10 Years:
Kenneth E. S7.uba
Gas System
15 Yea r s:
O'Neal Larkin, Jr.
Cynthia E. Goudeau
Parks & Recreation
City Clerk
20 Y car s:
Robert 1. Maran
James D. Pyatt
John E. Berrien
Pu bl ic W orks/Engi neeri ng
General Services/Building & Maintenance
Public Works/Water
30 Yea r s :
Forrest Saylor, Jr.
Public Works/Solid Waste
Reviewed by: Originating Dept: Costs: Commission Action:
Human Resources Total
Legal D Approved
Budget D Approved w/conditions
Purchasing User Dept.: Current FY D Denied
Risk Mgmt. D Continued to:
CIS Funding Source:
ACM Advertised: 0 Capt. Imp. 'I
Other Date: 0 Operating
Paper: 0 Other Attachments: :t
o Not required
Submitted by: Affected parties Appropriation Code:
o Notified
o Not required D None
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TO:
Mayor Rita Garvey
COPIES :
City Commissioners, Michael Wright, Cyndie Goudeau
FROM:
Betty J. Blunt, Confidential Clerk Receptionist
SUBJECT:
Presentations at the November 18, 1993 City Commission Meeting
,.(
DATE:
November 18, 1993
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The following presentations will be made at the November 18, 1993 City Commission
meeting.
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SERVICE PINS
5 years
Stephan Hole, Police Department (letter of appreciation and pin with city seal)
';,
15 years
O'Neal Larkin, Jr.; Parks and Recreation (letter of appreciation and plaque)
Cynthia Goudeau, City Clerk (letter of appreciation and plaque)
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PRESENTATIONS
Betty Jane Pucci, Parks and Recreation will present to Mayor and the City of
Clearwater a plaque from tbe Grapevine Theatre Company in appreciation to the City
of Clearwater for 21 years of continued support of the cultural arts.
Milt Cason, Loss Control Specialist will present to Mayor and City Commission the
National Safety Council's Occupational Award.
Mayor will present The Torch A ward presented to Milton Cason, Sr.
PROCLAMATIONS
Milt Cason - Drunk and Drugged Driving Prevention Month
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AGENDA
DATE
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ITEM #
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Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date:
df:
'7 1i/18/13
SUBJECT:
Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 23917
U.S. 19 North; Owner: U-Haul of the West Coast of Florida; 1.32 acres m.o.1.
(A 93- 22 & LUP 93-30)
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RECOM MENDA TION/MOTION:
Approve the Petition for Annexation, Future Land Use Plan Amendment for Parcel "A" to Commercial
General, Future Land Use Plan Amendment for Parcel "B" to Residential/Office/Retail, and Zoning Atlas
Amendment to General Commercial for Part of Lot 7, Hill-Top Subdivision (Parcel" A ") and Part of Lot
1, Ehle Subdivision (Parcel "B"), and pass Ordinances No. 5483-93, 5484-93, and 5485-93 on first
reading.
[] and that the appropriate officials be authorized to execute same.
BACKGROUND:
The subject property is located at the northeast corner of South Drive and U.S. 1 9 approximately 400
feet south of Sunset Point Road. The applicant plans to expand his operation to an adjacent parcel to
the northeast of the subject property (Part of Lots 6 & 7, Hill-Top Subdivision), The property involved
in the expansion plans is already in the City.
The applicant has requested a Future Land Use category of Commercial General for all of his property.
Parcel It A" already has a Countywide Future Land Use classification of Commercial General, so no
changes are necessary. Parcel liB," however, has a Countywide Future Land Use classification of
Residential/Office/Retail, and, if the applicant's petition is approved as requested, a Countywide Plan
change would be necessary.
Both plan categories permit General Commercial (CG) zoning districts. However, General Commercial
zoning districts in Residential/Office/Retail plan categories are restricted to 18 dwelling units or 30
hotel/motel units per gross acre. Land with a Future Land Use category of Commercial General is
allowed 24 dwelling units or 40 hotel/motel units per gross acre. Other requirements for General
Commercial zoning districts are the same for both Future Land Use categories. Staff recommends that
no changes to the Countywide Plan be processed due to anticipated difficulties in obtaining approval
from the PPC due to its desire to maintain an R/O/R classification along U.S. 19, the associated delay
for the applicant, and the minimal difference between the two plan categories (the applicant's existing
use would be permitted in either of the two categories).
Revi ewcd by:
Legal
Budget
purchasing
Risk Mgmt.
CIS
ACM
Other
Total
comnission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
N/A
N/A
N/A
N/A
N/A
N/A
Originating Dcpt:
CENTRAL PERMITTING
<;5
Costs: $ N/A
User Dcpt:
$
current-Fiscal Yr.
Advertised:
Date: 10/05/93 & 10/14/93
Paper: TAMPA TRIBUNE
[] Not Required
Affected Parties
r8I Notified
[] Not Required
Fl.n:iing Source:
o Capital Imp.
o Operating
o Other
Attachments:
ORDINANCES NO. 5483-93, 5484-
93, & 5485-93
LOCATION MAP
Appropriation Code:
o None
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A 93-22 & LUP 93-30
Page 2
The Planning and Zoning Board unanimously recommended approval of the staff recommendation
~ concerning this request on November 2, 1993. Pertinent information concerning the request is
summarized in the following tables.
:;:
lOCATION
I N CITY
OR
COUNTY
County
EXISTING ZONING AND FUTURE LAND USE OF
APPLICANT'S AND SURROUNDING PROPERTIES
FUTURE LAND USE
PLAN CATEGORY ZONING
ACTUAL USE
West
City
Commercial General & CP-2
Res ide nti a I/O ff i c e/
Retail
Commercial General CP-2
Commercial/Tourist CG
Facilities
Commercial/Tourist CH
Facilities
Medium Density RM-16
Residential
Commercial/Tourist CC
Facilities
Commercial (U-Haul)
Subject
Property
North
County
City
Gas station (Spur)
Vacant, mini-storage facility under
construction
So uth
City
McDonald's
East
City
Apartments
CH
Sunset Point - 19 Shopping Center,
Burger King
Dunkin Donuts
DESCRIPTION
ZONING RESTRICTIONS
CG
REQUIREMENTS
, 0,000 sq. ft. min.
100ft. min.
100 ft. min.
0.4 max.
400/0 max.
EXISTING
Lot Area
Lot Width at setback line
Depth
Floor Area Ratio
Building coverage
56,628 sq. ft. m.o.1.
266 ft. m.o.1.
1 67ft. m. 0 .1.
0.04
3.60/0
OTHER REQUIRED REVIEWS
AGENCY
YES
NO
X
X
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
ABBREVIATIONS:
CP-2
CC
CG
CH
RM-' 6
Commercial Parkway (County)
Commercial Center (City)
General Commercial (City)
Highway Commercial (City)
Multiple-Family Residential "Sixteen" (City)
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ORDINANCE NO. 5483..93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST
CORNER OF THE INTERSECTION OF SOUTH DRIVE AND U.S. 19,
SOUTH OF SUNSET POINT ROAD, CONSISTING OF PART OF LOT
ONE, fHlE SUBDIVISION, AND PART OF lOT 7, HIll-TOP
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 23917 U.S. 19
NORTH, INTO THE CORPORATE lIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE
SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the owner of the real property described herein and depicted on
the map attached hereto as Exhibit A has petitioned the City of Clearwater- to
annex the property into the City pursuant to Section 171.044, Florida Statutes,
and the City has complied with all applicable requirements of Florida law in
connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the
City of Clearwater and the boundary lines of the City are redefined accordingly:
See Exhibit B attached.
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's Comprehensive Plan. The City Commission hereby
accepts the dedication of all easements, parks, rights-of-way and other
dedications to the public which have heretofore been made by plat, deed or user
within the annexed property. The City Engineer, the City Clerk and the Planning
and Development Director are directed to include and show the property described
he~ein upon the official maps and records of the City.
Sectioll-l. This ordinance shall take effect immediately upon adoption.
The City Clerk shall file certified copies of this ordinance, including the map
attached hereto, with the Clerk of the Circuit Court and with the County
Administrator of Pinellas County, Florida, within 7 days after adoption, and
shall file a certified copy with the Florida Department of State within 30 days
after adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
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City Attorney
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Attest:
cynthia E. Gouaeau
City Clerk
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PROPOSED '.ANNEXATION
LAND USE PLAN AMENDMENT and ZONING
OWHER
APPLICANT
u- HAUL
c...oAS'I
OF
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T ~ E" W E' ~T
FL-oa.ID4
AQ3-1.2
LUP 93- 30
LAND USE
PLAN
ZONING
PROPERTY OE~CRIPTlOH
P A ~ T LO, I)
PI\A\' L-O\ 7)
E~LE suB>
H l LL -\'"o? Su &
F'ROM E COUHTY C? 2-
TO: 11l.Rc.e t- ., {!tJHMRCIFlI... c..~
aeHe~AL.
PI/ReeL 1''8 II ~ES I DEN '1""1 p,,'- /' cq
() F F' u: S:-,/ TIN L.
\.'?"2. ^CRE5
n I G fi T 0 F W A '(
ACRES
PLANNING end ZONINO BOARD
CITY COMMISSION
5(CTION
I
oS'
TOWNSHIP 2q s
~
8 ':: B V S 1 N E;i S
RANOE \ 6
E
ATLAS PAGE
255 A ~
2. G l..{ A.
EXHIBIT
,\
, EXHIBIT B
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ORDINANCE NO. 5484-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AHEND I NG THE FUTURE lANO USE PLAN ELEMENT OF THE
COMPREHENS I VE PLAN OF THE CITY, TO CHANGE THE LMW USE
DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF SOUTH DRIVE AND
U.S. 19, SOUTH OF SUNSET POINT ROAD, CONSISTING OF PART
OF LOT 1, EHLE SUBDIVISION, AND PART OF lOT 7, HIll-TOP
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 23917 U.S. 19
NORTH, FROM UNCLASSIFIED TO COMMERCIAL GENERAL (CG) FOR
PARCEL A AND RESIDENTIAL/OFFICE/RETAIL (R/O/R) FOR
PARCEL B; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be
reasonable, proper and appropriate, and in compliance with Florida law; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of
the City of Clearwater is amended by changing the land use category for the
hereinafter described property as follows:
Property
land Use Cateoorv
From: Unclassified
See Exhibit A attached.
(lUP93-30)
Parcel "All To: Commercial General (CG)
Parcel liB II To: Residential/Office/Retail
(R/O/R)
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5483-93, and subject
to the approva 1 of the 1 and use des i gna t; on by the Pine 11 as County Board of
County Commissioners. The Director of Central Permitting is authorized to
transmit to the Pinellas County Planning Council an application to amend the
Countywide Plan in order to achieve consisten"cy with the Future Land Use Plan
Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
REAOING AND ADOPTED
R i td Garvey, r-1ayor-Col1111 is s i oner
Attest:
Cynthia E. Goudeau, City crerk
., Clty Attorney
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PARCEL "A"
The West 165 feet of lot 7, less the North 60 feet thereof, Hill-Top Subdivision,
according to the plat thereof recored in Plat Book 29, Page 84, public records,
of Pinellas County, Florida.
ALSO
PARCEL "B"
Lot One (1) of EHlE SUBDIVISION, according to the map or plat thereof as recorded
in Plat Book 28, Page 39, of the public records of Pinellas County, Florida, LESS
a triangular parcel of land described as follows: Commence at the Northwest
corner of the Southwest 1/4 of Section 5, Township 29 South, Range 16 East, run
South 0056'18" West, 194.24 feet, thence South 88044'42" East, 100 feet to the
Point of Beginning, continue South 88044'42" East, 15 feet; thence North 130
26115" West, 60.41 feet; thence South 0056118" West, 58.44 feet to the Point of,
Beginning.
EXHIBIT A
. ,
O~DINAHCE HO. 5485-93
AN ORDI~ANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY zorHr~G CERTAItf
REAL PROPERTY LOCATED AT THE ~ORTHEAST CORNER OF THE
INTERSECTION OF SOUTH DRIVE AND U.S. 19, SOUTH OF SUNSET
POINT ROAD, CONSISTING OF PART OF lOT ONE, EHLE
SUBDIVISION, AND PART OF LOT 7, HIll-TOP SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS 23917 U.S. 19 NORTH, AS
DESCRIBED MORE PARTICULARLY HEREIN, UPON ANNEXATION Itno
THE C 1. TY OF CLEARWATER, AS GENERAL COMMERC I AL (CG);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth
in this ordinance is found to be reasonable, proper and appropriate, and in
compliance with Florida law; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pin~llas County,
Florida, is hereby zoned as indicated upon annexation into the City of
Clearwater, and the zoning atlas of the City is amended, as follows:
Property
See Exhibit A attached. (A93-22)
CG - General Commercial
Zonina District
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's comprehensive plan.
Section 3. The Planning and Development Director is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5483-93, and subject
to approval of the land use category set forth in Ordinance No. 5484-93, by the
Pinellas County Board of County Commissioners.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to
correctness:
Attest:
Cynthia E. Goudeau
City Clerk
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Lot One (1) of EHlE SUBDIVISION, according to the map or plat thereof as recorded
in Plat Book 28, Page 39, of the public records of Pinellas County, Florida, LESS
a triangu lar parce 1 of land described as fo llows: Corrmence at the Northwest
corner of the Southwest 1/4 of Section 5, Township 29 South, Range 16 East, run
South 0056'18" West, 194.24 feet, thence South 88044'42" East, 100 feet to the
Point of Beginning, continue South 88044'4211 East, 15 feet; thence North 130
26'1511 West, 60.41 feet; thence South 0056'1811 West, 58.44 feet to the Point of
Beginning.
ALSO
The West 165 feet of Lot 7, less the North 60 feet thereof, Hill-Top Subdivision,
according to the plat thereof recored in Plat Book 29, Page 84, public records
of Pinellas County, Florida.
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Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date:
*- 8 /1/18/13
SUBJECT:
Alcoholic Beverage Separation Distance Variance Request; 23988 U. S. Highway 19 North; Chevron,
U.S.A. (Owner); Franklin Johnson (Representative)
(AS 93-13)
RECOMMENDA TION/MOTION:
Approve separation variance of 67 feet to allow an alcoholic beverage sales use 133 feet from a similarly
licensed establishment for property described as Blackburn's Sub., Eastern 180 ft. of Lot 1 and part of
vacated street, Sec. 6-29-16E.
[] and that the appropriate officials be authorized to execute same.
BACKGROUND:
This is a request for an alcoholic beverage separation distance variance to allow package sales of beer
and wine (2 PS) at an existing Chevron gasoline service station and convenience store. The operating
hours of the service station/convenience store are 24 hours a day, seven days a week. There are six
business establishments within 300 feet of the subject property licensed for alcoholic beverage sales.
The variance worksheet table on page 3 summarizes staff findings concerning the approval standards
for variances. Staff finds that the request meets the standards for approval of Section 45.24 of the City
Code, if conditions established by the Planning and Zoning Board in granting the conditional use permit
associated with the request are followed.
There were no negative comments received from the Police Department or other City departments
concerning this request.
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Reviewod by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
N/A
N/A
N/A
fiA
R. to..")
N/A
Originating Dept:
CENTR
Costs:
$ N/A
Total
Commission Action:
o
o
o
o
Approved
Approved w/conditions
Denied
Continued to:
User Dopt:
$
Current Fiscal Yr.
....-..
. SUbmittefbY: ,~~-
Advertised:
Date:
.:A., Paper:
{V
~ Not Requi red
Affected Partie.
D Notified
~ Not Requi red
Funding Source:
o Capital Imp.
o Operating
o Other
Attachments:
APPLI CATION
MAP
Appropriation Code:
o None
o
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AS 93-13
Page Two
Alcoholic beverage uses within 300 feet: Six
Shell Gasoline Station 1 APS
Spur Gasoline Station & Convenience Mart 4 COP .'>
Sunset Point Plaza - Sunset Super Sub 2 COP
Sunset Point Plaza - Publix 2 APS
Sunset Point Plaza - Eckerd Drugs 2 APS
Sunset Point Plaza Joel & Jerry's 2 APS
On September 14, 1993, the Planning and Zoning Board approved (5 to 1) a conditional use permit to
allow this use, subject to the conditions listed below.
Planning & Zoning Board conditions:
(1) The requisite occupational license shall be obtained within six months from the date of this
public hearing;
(2) The applicant shall obtain the requisite alcoholic beverage separation distance variance from
the City Commission; and
(3) There shall be no consumption of beer and wine on premises.
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AS 93-13
Page Three
VARIANCE WORKSHEET - CASE NUMBER AB 93-13
STANDARDS FOR VARIANCE APPROVAL
(1) The variance requested arises from a condition which is
unique to the property in question and is neither ordinarily or
uniformly applicable to the zoning district nor created by an
action or actions of the property owner, predecessor in title, or
the applicant. Any mistake made in the execution of a building
permit or work performed without the benefit of a permit shall
not be considered to be situations which support the granting
of a variance.
(2) The particular physical surroundings, shape or topographical
conditions of the property involved and the strict application of
the provisions of this development code would result in an
unnecessary hardship upon the applicant.
(3) The variance is the minimum necessary to overcome the
unnecessary hardship referred to in preceding recital "2" for the
purpose of making reasonable use of the land.
(4) The request for a variance is not based primarily upon the
desire of the applicant to secure a greater financial return for
the property.
(5) The granting of this variance will not be materially
detrimental or injurious to other property or improvements in
the neighborhood in which the property is located.
(6) The granting of the variance will not impair an adequate
supply of light or ventilation to adjacent property, detract from
the appearance of the community, substantially increase the
congestion in the public streets, increase the danger of fire,
endanger the public safety in any way, or substantially diminish
or impair the value of surrounding property.
7) The variance desired will not adversely affect the public
health, safety, order, convenience, or general welfare of the
community.
(8) The granting of the variance desired will not violate the
general spirit and intent of this development code.
STAFF FINDINGS
The subject property is separated from other alcoholic beverage
sales uses by substantial rights-of-way or by large expanses of
parking lot. Package sales occurs on two of the four corners of
the intersection at which the subject establishment is located.
The US 19 right-of-way provides a 200 ft. separation from the
Spur Gas Station east of this site, while the Sunset Point right-
of way provides a 110ft. separation from the Shell Station
north of this site. There are three package sales uses in the
Sunset "19" shopping center, each of which is ohvsicallv
located in excess of 300 ft. from the subject property.
The subject property is separated from other alcoholic beverage
sales uses by substantial rights-of-way or by large expanses of
parking lot.
The applicant appears to be requesting the minimum variance
given the site location and site design.
The applicant sells gasoline, oil and other automotive products,
in addition to vehicle service; the primary business is not
dependant on alcohol sales.
If operated in a manner consistent with the conditional use
permit, this application appears to comply with this standard
for a variance.
The application appears to comply with this standard for a
variance. Such negative impacts are not anticipated if the
service station is operated in a manner consistent with the
conditional use permit.
Negative impacts are not anticipated if the use is operated in a
manner consistent with the conditional use permit.
The application appears to comply with this standard for
variance.
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AB# 93-13
ALCOHOLIC BEVERAGE SALES:
SEPARATION VARIANCE TRANSMI'ITAL
TRANSMIT TO:
Cynthia Goudeau, City Clerk
Earl Dussault, Stephen Sarnoff; Zoning Review
Stephen Doherty, Zoning Section Supcnisor
Calle Assignee
MEETING DATE:
*Novemhcr 18, 1993
CASF.)I An 93-13
LEGAL/ADDRESS/LOCATION/SIZE: A part of Lot 1, Blackburn's Suh together with North half of
vacnted Barrett Rond/23988 US 19 N/O.94 acre..'l
OWNER! APPLICANT (BU- cINESS)/REVJIU;SENT A TIVE:
Chevron U.S.A. ,Inc./Johnson's Service,
Inc.lJohnson
VARIANCE REQUFSf:
A ,'ariam !}f 67 feet to allow alcoholic heverage sales within 133 feet from
a similarl. icensed establishment.
CODE CITATION:
41.091(1)
DEVELOPMENT CODE REQUIREMENT: 200 foot separation from a similarly licensed establishment.
FLORIDA LICENSE DESIGNATION: 2-APS
ZONINGILAND USE DESIGNATION: CH(Highway Commercial)/CTF
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PLANNING AND ZONING BOARD MEETING'DATE: September 14, 1993
CU 93-56
D.C.A. B. MEETING DATE: None
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SfAFF MEMBERS WISIUNG TO COMMENT MAY DO IN THE SPACE PROVIDED BELOW.
(COMMENTS SIIOID..D BE RETURNED TO DEVELOPMENf ANALYST A MINIMUM OF Jt'IJt~I'EEN
DA YS PRIOR TO TilE SCnEDULED CITY COMMISSION MEETING).
TRANSMITl'ED BY: Stephen C. Sarnoff
DATE: September 29, 1993
:lhvt9313.scs
*FOR REVIEW BY TOE CITY COMMISSION
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7. 300 \Vi 11 cl Y Rid CJ e P )(\'" il y, S II i t e 800
1'1ilrir.ttil, G^ 30301 :<ltt:L,nv Dcpl:.
TELEPHONE#:
Johnson's Ser.Inc dba Sunset Point
Chevron
23988 U.S.Hwy 19N
Clearwater,FL 34625
TELEPHONE il: 8 1 3 796
0441
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CITY OF CLEARWATER Qj (3
ALCOHOLIC nEVERAGE SALF.s - MINIMUM DISTANCE VARIANCE APPLICATION t -
(Please Print or Type, Black Ink Only)
.PROPERTY OWNERS NAME & ADDRESS:
(Attach Proof Per ImitmcUon.'i)
lIilrry P. Davis,Jr.,^sst Gen Counsel
Ch(,~vron, U.S .^.
.REPRESENTA TIVES (if any) NAME AND ADDRESS:
Franlc.l in Johnson
NAME Of" nUSINE..~S:
Sunset Point Chevron
ADORE..<;)..') OF PROPE.RTY (Subject of Request): 23988 U. S . Hwy 19 N, C 1 e a rw ate r , FL 34625
LEGAL DESCRIPTION OF PROPERTY (Subject of Requcst): Blackburn's Sub, E of 180ft of
Lot 1 and part of vaca~ed street
ZONING DrsrRIcr: ell (lli9hway Commercial)
VARIANCE REOUI::.c"T (D(:scrihclBe Specific/Attach Addilional!! 1/2 x 11 inch sheet if needed):
Variance of ~ feet from minimum di..c;tancc requirement to allow alcoholic beverage sales wiYtin ~ feet." from
(check one or rnore): _ Church, _ School, _ Hospital, _ Residential Zone, ~ Similarly Licenced
Alcoholic Bcvcmge Er.tablishll1cnt (COP License).
S B I . D' . 2-^PS
tatc evcragc ~Iceuse cSlgo.ltlon:
Holder of Slate Licel1.c;e: Joh nson I s Servi ces, I nc.
A CONDITIONAL USE N'PLICA TION FOR ALCOHOUC BEVERAGE SALES FOR THIS PROPERTY WAS
APPROVED BY TIlE PJ.ANNfNG & ZONING BOARD ON Q9/14/93 (DATE).
OTHER VARIANCES (ClIECK ONE):..l5- ARE NOT NECESSARY, OR _ WERE APPROVED BY THE
DEVELOPMENT CODE ADJU~J'"MENT BOARD ON (DATE).
J HAVE READ ORDINANCE 4420-87 AND SECTION 137.012, CODE OF ORDINANCES OF THE CITY OF
CLEARW A TER.
Rr:.ASON FOR VARIANCE REQUEST. In order for the City COOlnlission to make tbe determination prescribed by
Ordinance 4420-87, the following statements MUST be completed:
I am located
1. There arc special conditions or circumstances applicable to the property involved because:
at a major city intersection and in order 1:.0 compete, I need to provide
thIS serVIce.
2. Such variance is necessary for the preservation and enjoymcnt of a substantial property right possessed by other property
in the same district under the terms of this ordinance and denied to Ule property in question because: I ami '1 ,., n S e
proximinty to the Sllopping center property line, similar licensed establish-
ment is over ~OULt.
3. Thc gr:lnttllg of this variance will not confcr any special pri\ilcgc dcnied to other lands, structures, or dwellings in tbe
samc district and willllot be injurious to the ncighborhood, or othel>\'ise detrimcnlallo Ule public welfare because:
I am a frallchise of Cl1evron,US^ and will observe all lOCill laws and company
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policies for alcholic beverage sales.
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,"j..;j:1 ll:nlj Gr:.gt'l IIi';. LIlli>. Notary Pu
.PROPER'IY OWNER OR REPRESENTATIVE MUST A'ITEND HEARING.
SIGNATURE OF PROPERTY OWNER ("OR RElIRESENTATIYE}.
Defore me, the undcrsigned authority, personally nppeare
says under oath the malters and f<lets set out nbove are true an c
Sworn to and subscribed before me this c2. ~ day of
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ALCOHOLIC BEVERAGE SALES
MINIMUM DlST ANCE VARIANCE APPLlCA TION
Page 2
I hereby aenrm that I urn applying for a variance far property addressed as follows:
23988 U.S.Highway 19 N.,Clearwater, FL 3~625
from the distance requirement to be heard by the City Commission, and have paid the application fee according to the
current schedule of fees, which \vill bc \lsed to offset the costs to the City of Clearwater for advertizing public bearing notices
and other expenses. This application is being filed prior to a decision being rendered by the Planning and Zoning Board
on a Conditional Usc rCCjl1cst for the same properly. By signing l.his form r am acknowledging that, should the Plallning and
Zoning Board deny the rcquest for Conditional Use, or should the Planning and Zoning Board grant the request and the
decision be appealed to the State Hearing OfGccr the variance application will be removed from the City Commission
Agenda and the applic.1tion fee will not be refunded. Also, shoulri thc PlalUling and Zoning Board cOfltinue a decision on
the Conditional Use request necessitating additional advertising, I will bear the additional ad\'crtising costs.
FurlhemlOre, should the decision of the Planning and Zoning Board be appealed to lhe Slate Hearing Officer, I
understand the variance application will be on bold pending the Hearing Officer's decision and, depending on that decision,
I will either be liable for addition;'!1 advertising costs or \\;11 forfcit my application fee.
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! < Applicant's Signature '/
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Sworn to and subscribed before me tl1~ day 0 ~ A.D., 199j. ..
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,GARBARA E. EIGENMANN
S5c1'):-- c2 sq- s-1- ()(P ~ -()
FL 1Jt-
r::1T(\~V r:IJEur: SHITr. or n.rIR1DA
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VARIANCE INSTRUCfIONS
Application and Submission Requirements:
L The application must be fully completed, signed by thc propert)' owner (or a representative of the owner),
and notarized. Any application signed by a representative of the owner must be supplemented by a power
of attorney or notarized statement from the O\Vl1er authorizing representative. Proof of property ownership
OlUst be attached for an application to bc considcred complete. Adequate proof shall consist of one of the
following:
~~.
a. A copy of the decd.
b. A copy of title insurance.
c. A lettcr from a practicing attorney confirming property ownership.
2. The application shall be filed at the office of tile Development Code Administrator. At the timc of filing,
a fee shall be paid according to the current schedule of fees.
3. Any supplementary information, exhibits, plans or maps which are to accompany and constitute part of the
application must be submitted at tlle time of filing of thc applic.1tion. Twelve (12) copies of all such
documents if larger than 8 112 x 14 inches, shall be furnishcd by tlle applicant for distributional purposes.
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CITY Of CLf~H\"~'.~ TER
Conditional Use Aoplication . A1co: ;O'ic B.everage Sales
(Please' Print or TYD~;. H:('!(',lo In 1-. Ol"ly)
cu 13-5h
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· PROPERTY OWr~ER(S) NAME & ADD~2SS:
IAttacn Proof Per InsHuctionsl
BUSINESS OWNER:
IHolder of State License)
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TELEN:ONE:--1."...o~ ) S':-;; -: r~----,--,.__._-
TELEPHONE: ( 21? 1 795 O/j( ~
~EPRESENTATIVE NAME &. ADDn!::~~s;_.f_Bl..r\I'~~OHl\S_O_E__CresL..2_9Jp 50ttL..~V.S '__~..!...'
sr;.;'E;TEHSDURG, FL 33712
Telephone: {813)U66 9717
ADDRE,')S OF PROPERTY (Subj~(;t ofR~I~.jl..i~';<.d:._L~988 .U.S.HIGBh1AY lS) 1\1. JCLEAR1\'l\TEP,FL 3fJ525
NAME OF EST ASllSHMENT TO BE lICENSEu:-.SJll,lSET .E.Q..lNT CHEVRON
LEGAL DESCRIPTION OF PROP[RTY (Subject of ~~equest):~'1-G-!t;4::urn I E;-&U~ r 5 1 eo
and ~art of vacated street
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of Lot 1
ZONING DISTRICT:
LA~JD USE PLAN GLASSIFICATION:.-e..---=-=: F'.
CB
PRESENT USE Or- PROPERTY: SERVICE STATION
,
PROPOSED USE OF PROPERTY: SERVICE STATION vJITH CONVENIENCE STQRF
SURROUNDING LAND USES: North ~ ~ S S'T'~ 'T' T ON
East GA~ ST~'j'iON
South J?TTRG FR JCI..!\1G
West SP.O!='? I~TG CEWi'E?
ALCOHOLIC BEVERAGE LICENSE DESIGNATION: ? n. PS
o On Premise Consumption ~~ Package Sales
DO YOU PROPOSE TO PROVIDE ENTERTAINMENT ON LICENSED PREMISES? If yes, describe j\IO
TYPE OF REQUEST (Che::k Applicable Box or [ior.es): ,
~New License OAddress Chan~e DBusinrn:s Ownership Change OLicense Designation Change OExpansion
INDOOR
OUTDOOR
SEATS
PARKING
LAND AREA(sq.ft.) SEATING AREA(sq.ft.)
Exiting: 0
Existing :3
'19
Existing: ,(0 7~O
Proposed:
Existing: 0
Proposed:
Existing:
Proposed: 0
Proposed:
Proposed:
HOURS OF OPERATION: Weekdays
!t~ pnrm;:
Weekends
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ALLOWABLE CAPACITY {Determined bv FirE: Marshall:
Inaoor
Outdoor
S!GNA TURE 0;: FIRE MARSHAL
(CONTINUED ON NEXT PAGE!
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. INFORMATION IN SUPPORT OE-f.tf;.QUEST: _L. 7l.J'I.A......A. l:'R JU\lrH T S ~ npl\.L 'C'R OF Cr.~'\'RC'~', l'SA, Ire. r 1~
...~....~..., fr'Hr\'':"IOI''Sl ~'--T ::'t:'T;lv"Tr-e:-n" ""'f) '"''''r-c:r:r-''' "'r-.
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s~:..: .Z\:"C0HO:.IC
E'E"T.'P.:\G ES
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I \,'li..L .'\BIDF BY r.LL POLICIES OF THE ~T^TE, c;~y, .7:l.r~r CHEVROJ\' I~ ':'HE SELL-
.
1:\.7 Id':D DrS1'r.II3UTJO~ OF THESE PRODUC'l'S. ~;Y E~1PLOYE[S \':ILL BE TRAI!\'ED
H\ ACCCRDll,:~CE \-,'lTH THE OUTLINES flU'} DO\.JN BY THE STi\TI OF FLORIDA.
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SIGNAT)jRE OF PR PERTY OWNER I .OR HEPRESENTATIVE OR BUSINESS OWNER)
/ (
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Sworn 10 and subscribed before me this -4 day of r1<.J......cJ~al~-;- A.D., 19 9_3
by (-ra..", ~~; \1 (J) m Je h 1~.5(J i-Y . who is ~ersonallY known to me an~/or has produced
J 5" ;l..CS" ..:. ;)S~!..::5! 9 = 0 c, 3 as id en&; !.;;i~t;/ . STATE OF FLORIDA. CO UNTY 0 F f!.///1 C. tl ~
~~~_ .~U\..Li.-~ Notary Public. Comrni..ion No. C L 0 '183~
. . ~y. !Sig""turel
CEF,T~~.'~: ?, r~\;t:'~:1 !:: '~_.; "'::::~., ('~:,A:, ..T. :lM:':H (Name of Notary typed, printed or stamped)
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.. Dondod lIiru 110)' fain -IMurcnco lne. _
.PROPEnTY OV':~'P~, P..!JSINESS OWNER, AND/OR REPRESENTATIVE MUST ATTEND HEARING. FOR A REQUEST
INVOLVING A TR.l\NSFER OF BUSINESS OWNERSHIP, THE BUSINESS OWNER OR THAT OWNER'S' 'DULY
AUTHORIZED REPRESENTATIVE SHALL ATTEND THE PUBLIC HEARING.
FOR OFFICIAL USE ONLY
RECEIVED
VARIANCES REQUIRED .
A VARIANC.E of :&7 PT TO ALLOW ,Al-(Oi1Dl-/G BEr~E
CITY COMMISSION 'SALGS \V liU 111 '..,3 Fr 0 r: 5 1M lLAR.Lr l-.ic.e}/sl3b fSiMLi5
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THIS IS INTENDED TO BE A 2-SIDED LEGAL DOCUMENT. NOTARY INFORMATION CONTAINED ON THIS PAGE
MUST BE ON THE REVERSE SIDE OF A COMPLETED APPLICATION FOR APPLICATION TO BE ACCEPTABLE.
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Chevron
=== Chevron
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June 29, 1993
Chevron U.S.A. Products Company.
2300 Windy Ridge Parkway. Suite BOO
Mariena. GA 30067
P.O. Box 1706
Atlanta. GA 30301
Harry P. Davis. Jr.
Assislanl General Counsel
law Oepanmenl
Phone 404 984 3067
Fax 404 984 3080
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TO WHOM IT MAY CONCERN:
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Re:
Facility No. 47017
23988 U.S. Hwy. 19 North
Clearwater, Florida
1. Chevron U.S.A. Inc. is the owner of the subject property as evidenced by the
Deed attached as Exhibit A.
: ;2. Pursuant to a Dealer Lease, the subject property is leased to Johnson's.
t. Services, Inc. ; .
3. Chevron U.S.A. Inc. has granted consent to Johnson's Services, Inc. to sail
alcoholic beverages at the subject location and to sign any necessary permits
to allow such sales.
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Very truly yours,
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Harry P. Davis, Jr.
. Assistant Secretary
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Sworn to and subscribed
before me this 29th day
of June, 1993.
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''Notary Public
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WARRANTY DEED
THIS INDENTURE, made this 13th day of
August
1971,
between EDWARD LEE MENDENHALL, joined by his wife, KA'l'HLEEN E.
HENDENHALL and ERNEST LEROY MENDENHALL, a single man, of the County
of pinellas and State of Florida, parties of the first part, and
STANDARD OIL COMPANY, a Division of Chevron Oil Company, a California
corporation, having its principal place of business in the County of
Jefferson and State of Kentucky, and lawfully authorized to transact
business in the State of Florida, whose post office address is 525
Riverside Avenue, Jacksonville, Florida, 32202, party of the second
part.
WITNESSETH, that the said parties of the first part, for
and in ~onsideration of the sum of Ten Dollars ($10.00) and other good
and valuable considerations, to them in hand paid, the receipt whereof
is hereby acknowledged, have granted, bargained, sold, aliened, re-
mised, released, enfeoffed, conveyed and confirmed and by these pre-
sents do grant, bargain, sell, alien, remise, release,' enfeoff, con-
vey and confirm unto the said party of the second part and its succes-
sor~ and assigns forever all that certain parcel of land lying and being
. ,
in the County of Pinellas and State of Florida, more particularly des-
cribed as follows:
./
" Begin at the West right-of-way line of U. S. Highway. 19
and the South right-of-way line of state Road 588 for a
point of beginning; thence South 227.35' along the West
right-of-way line of U. S. Highway 19; thence West l80.~
feet, along the North right-Of-way line of Barrett Roadp
thence NQrth 227.35 feet to the. South right-of~ay line~
State Road 58B; thence East 180 feet along the South rignt-
of-way line of State Road 588 to the point of beginningiO")
A part of Lot 1, Blackburn's Subdivision, as recorded in-
Plat Book 24, page 62, public records of Pinellas Count~
M Florida, together with the North 1/2 of Barrett Road as ::i:
:; vacated by County Commission Resolution, Narch 3, 1970, ~
M being more particularly described as: From a Point of --
Beginning at the Southeast corner of Lot 1, Blackburn's
Subdivision, as recorded in Plat Book 24, page 62, public.
records of pine lIas County, Florida,' run S 1002'38" W 33.01
feet; thence S 89048'38" W 180.00 feet; thence.N 10~2'3g"
E 260.00 feet to the South right-Of-way line of State Road
588; thence along said right-of-way line by a curve to the
right, radius 1382.40 feet, arc 81.34 feet, chord N 88042'
E 81.33 feet~ thence S 89036'52" E 9~.70 feet to the East
line of said Lot 1; thence S 1002'38" W along said East
line 227.57 feet to the point of beginning.
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Section 6, Township 29 S, Range 16 E; Pinellas County, Florida.
rO'
Subject to taxes for the year 1971.
This is a corrected deed, correcting deed dated 3-29-71 and
recorded 5-4-71 in O.R. Boo}: 3533, page 923, public records
of Pine lIas County, Florida.
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.: .R. 3603 P'!'CE 163
TOGETHER with all the tenements, hereditaments and appur-
tenances, with every privilege, right, title, interest and estate,
dower and right of dower, reversion, remainder and easement thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever. And
the said parties of the first part do covenant with the said party of
the second part that they are lawfully seized of the said premises, and
that they are free of all encumbrances, and that they have good, right
and lawful authority to sell the same; and that said parties of the
first part do hereby fully warrant the title to said land, and will
defend the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have
hereunto set their hands and seals the d~y and year first above
written.
'I
Signed, sealed and delivered
in the presence of:
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STATE OF FLORIDA
COUNTY OF lICDN'!EX]::1}SC HILLSBOROUGH
I HEREBY CERTIFY that on this 13th day of August ,
1971, before me personally appeared EDWARD LEE 1.ffiNDENKALL, KATHLEEN
E. MENDENHALL, his wife, and ERNEST LEROY MENDENHALL, to me known to
be the persons described in and who executed the fdregoing conveyance
to STANDARD OIL COMPANY, and severally acknowledged the execution to
be their free act and deed for the uses and purposes therein
mentioned. '", "
WITNESS my signature and offici~l seal
County of Pinellas and State of Florida,' .the day
aforesaid. I.
the
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AGENDA
DATE
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ITEM #
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Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date:
9 /fIn
SUBJECT:
Alcoholic Beverage Separation Distance Request; Walgreens Drug Store; 2005 Gulf to Bay Boulevard;
Morritt Homes, Inc. (owner); Steven Steubs (representative).
(AS 93-121
RECOMMEN DA TION/MOTION:
Approve the following separation distance variances to allow an alcoholic beverage sales use for Lots
1-12, Midway Subdivision:
~ A variance of 100 ft. to allovv alcoholic beverage sales within 200 ft. of a school zone
~ A variance of 170 ft. to allow alcoholic beverage sales within 130 ft. of a residential zone
~ A variance of 20 ft. to allow alcoholic beverage sales within 180 ft. of a similarly licensed
establishment
o and that the appropriate officials be authorized to execute same.
BACKGROUND:
This is a request for an alcoholic separation distance variance to allow a new package sales use (3-PS).
The proposal is to allow a beer, wine, and liquor store for a new Walgreens Drug Store to be constructed
on the subject property. The variance worksheet table on page two summarizes the staff's findings
concerning the approval standards for variances. Staff finds that the request meets the standards of
approval of Section 45.24 of the City Code.
There were no negative comments received from the Police Department or other City departments
concerning the applicant, although the Police Department did have a concern about alcoholic beverages
in the vicinity of the high school.
The only alcoholic beverage sales uses within 300 ft. of the subject request are the 7-11 Store (1-APS
license, which allows the sale of beer only) located at 2030 Gulf to Bay Boulevard and the Mobil Station
(also a 1-APS license) located at 1996 Gulf to Bay Boulevard.
ReVIewed by:
legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
N/A
N/A
N/A
-1d rl.-
N/A
Originating Dept:
CENTRAL PERMITTING
S
Costs: S N/A
Total
User Dcpt:
$
Current Fiscal Yr.
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
Advertised:
Date:
Paper:
o Not Requi red
Affected Parties
IXl Notified
o Not Requi red
FlM'lding Source:
o Capital Imp.
o Operat ing
o Other
Appropriation Code:
Attachments:
VARIANCE APPLICATION
CONDITIONAL USE APPLICATION
MAP
OPPOSITION LETTERS
o PETITION
I
\
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AS 93-12
Page 2
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On October 19, 1993, the Planning and Zoning Board approved (4-2) the request for a conditional use
permit subject to the following conditions: _:}
A large number of parents and School Advisory Council representatives attended the Planning and -
Zoning Board meeting to speak against the proposed alcoholic beverage sales use. Letters received prior
to the Planning and Zoning Board meeting are attached.
1. The requisite occupational license shall be obtained within nine months from the date of
this public hearing;
2. The requisite alcoholic beverage separation distance varia nces shall be obtained from the -
City Commission;
3. There shall be no sale of single bottles or cans of beer or wine coolers; and
4. There shall be no alcoholic beverage sales prior to 9:00 A.M.
Because the proposed Walgreens store is part of a retail center, and the package sales use area is less
than 100/0 of the total center floor area,' this proposed use would be exempted from obtaining a
conditional use permit under the proposed alcoholic beverage regulation amendments.
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CITY OP CLEARWATEJl
ALCOI-IOUC DEVI!RAGE SAU!.S - ~UNIMUM DISl'ANce. VAR.IANCI! APPUCA 110N
(PlelUc l'rull or Type, Dlack Ink Only)
, '
.PROPl!1tTY OWNERS NAME &. ADDRESS:
(AU.ach ProoC l'cr l.o.1.tructio.ws)
-JlJ!l'RESI!NTA"l'1VI!S (d' any) NA..ME J\ND ADDJtESS:
, .
Mnrrir HQmp~. Tn~
401 Corbett street, #300
Clearwater, Florida 34616
Attn: Bl~ke Longacre
Avid Enqineering, Inc.
36422 U.S. Highway 19 North
Palm Harbor, FL 34684
Attn: steven J. Stuebs, P.E.
TE.I..E.PlIONI! #: (81 3 ) 443 - 4421 TE.LI!I'HONE #: ( 81 3 ) 789 - 9500
NAMEOJ1nUSlNES..~: Walgreons Drug Store (Gulf-to-Bay/llercules)
ADDRESS OF PROI'illlTY (Subject oC ReqUCSl): 2005 Cul f -to-Bay I Clearwater
LEGAL DESCRD>>'J10N OF PItOl)I!RTY (Subject oC Rcquc.st):
Lots 1-12; Midway Subdivision
..--
ZONING DISTIUCf: CG
VAIUANCE REQUEST (Dc.s.cribclDe Speci1ic/A1t~ch Adtlitional8 112 x 11 inch wed if needed):
* Variance of feet Crom minimum dist'l'Dce reqllirc~eDt to allow alcoholic beverage sales wijhill--=-r feet." Crom
(check oae or more): ~ Church, .lQ..CL Scbool, ~ Hoslljtnl.l~ Re&idcntlnl Zone, 20 Simllnrly Licenced
Alcoholic Beverage Eslllulislunelll (COI' License). , II
1'1 .'
---.-..... .:::::>-- /
State Devcrnge License De:;ignntlon: ~ -- -, -:::. ~ /
Holder of Slate License: Wa lqreen Company, 200 Wi Imot Road, Deerfield, IL 6001 5
^ CONDmONAL USE APPUCATION FOR ALCOHOI.JC BINEItAGE SALES FOR n.ns PR.OPERTY WAS
API)ROVED BY TIm I)LANNING &. ZONING nOARD ON (DATE).
\\0.
OTI"IER V AIUANCES (CHECK ONE): ~1 ARE NOT NECESSAIlY, OR. _ WERI! APPROVED BY TIm
DEVELOPMENT COOl! AD1US'I'MUNT DOAlW ON (DATE).
I .
I HAVE R.EAD ORDINANCE 4420-87 AND SEC110N 137.012, CODE OP ORDINANCES OF nm CITY OF
Cl...E.A.R W A TEll. .
REASON FOR VARIANCE REQUEST. In order for the City Cooun.i.ssioQ to make Lbe dctenninalioa prescribed by
Ordlnnncc 4420.87. the loUowUJg slatcmenlS MUST be completed: "
'I. 121cre...e speci~ conditions or circumstances applicable to the property involved ~eca=: <c::::' - ~'C..","'\ ,,\_~-,:t
* ':7::~'" "'<-, "",~",",.,...."\":<::: :::-:;..::-.......S# ~\......')~,';'-")~.~~..~c:.,- ,~~'" .r~ "..),...~.."'-'r''''\
"2. ~~;~~e ~'~~~~ fo~';;~~n~o~'~~d'~~l~~'n';:;; substantial property riglit possessed by:otner property
in the same dUtrlct under the tcruu of Lhis ordinauce and denied to the property In,que$uoQ becAwe: ~:S;- -'1-\..-<2-
--;;'-". . ~ c"::.' "':':5 --==..\.,. .~C~ <~","-..., ~ ~ J"':'. ~ ....:J -'!-...." ....,"- ~"::'.~"~.'''' -:--cr~~t>'_.. .\r......J.,'::::s...~..-l___~
* -~- '..'__" _ "\':'t'" J, ~';.. _ .,.,- ~.... --=:".._"",-,..- ....,.,\ ~ '- ~';,,> "_e
.;.--~~;;n~~~ or~bis 'v:;i~~- ~ ~~ot :~e; ~~ ~peci~~rl~~~'~d~lU~~ othe;~'~:~~~~es~;'dW~~gs in the
same dislrictlUld willllot be injurious to the nci&lluorhood. or otherwise detrimental to the public welfare be.cause:
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. SIGNATURE OF PROPP;'TY OWNER. (..OR IlliI'ItESENTA11VE):~
, Agent .
., Defore me, the undcnigned authority, pcrsonnlly appcnrcd 10 S' I who being duJy sworn,
S3YS under oath the mnlteu And (acts set out nbove lire lrue and correct to tbo bC.$l olliliJher knowledge IU1d beUcf.
Sworn to nnd subscribe :.'" 'i'~ me WfiV ~rNA'~~~ad.......nf .....r;. - .~, 1'.0.,191:'5'
'.' '" MY Cdm(s:3I'J ~ ~Xl'Il1I.,,, ~/ ~
! \. .,} I September 23, 1995 - ~_ -
~~:~'l\'~ 8011010 TIlI1UfAoY fAltlINSUIlANCl.11C. C----2~' ~~. 4'--;:/--
- . ~~p~~ V
'PROPERTY OWNER OR PEPRESENTATIVE MUST ATTEND I O.
..
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ALCOHOUC BEVERAGE SA..lES
MINIMUM DISTANCB V AlUANCE AI)PUCA "nON
Page 2
I hereby affirm that I am applying Cor a variance Cor property addreued as COUOW5: Lo t s 1 - 1 2 ,
Midway Subdivision
Crom the d4tance requirement to be benrd by Ule City Commission. and bave paid the application Cee ncco~ding to the
cunent schedule oC Ce~, wlUch will be used to o(fsetthe costs to the City oC Clearwater Cor advertizing public: bearing nolices ' ..
and other expenses. This application is being nled prior to 11 dechion being rendered by the Planning I1Dd Zoning Board
on a Conwtiona1 Use request Cor Ule same property. Dy signing lhis Corm I am acknowledging that, should tbe PInnn.1ng and
Zoning Board deny the request for Couditional Use, or sbould the Planning I1Dd Zoning Board grant the request I1Dd the
decision be appealed lo the Stale Hearing Officer the variance apptlcatioD will be removed from the City COm.misSiOD
Agenda and the appU~tion lee will .!!2t be reCunded. Also, should the Planning a.nd Zoning Board continue . decision 011
the Cooditional Use request necessitating additional advertising. I will bear the additionnl advertising costs.
,,;!
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Furthermore, should the decision of lhe Planning and Zoning Board be appealed to the State Hearing Officer. I
!
understand the variance application will be on bold pending the Hearing Officer's decision and, depending on that decision.
I will either be liable Cor additional advertising costs or will forfeit rny appUc.1uon Cee.
~~
. Swom to and suf>scribed beCore me t.bisif"a:-doy of /~,~. A.D., 19E.
,
'---'7~,~~~'"
~ot ubUc nail - - --- u 3.: 9 t{?";
"""1',
.."J.W rl~. MARY ANNA BRAMBERG '
If./";A;\.} MY COMMISSION' CC 145269 EXPIRES
~.,~.. , September 23, 1995
'1.~,i{r..'f';~ BONDED 111l1\J UlOY r AUll/lSURAHCE.Itl:.
Agen t..
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V AlliANCE INSTRUcnONS
. . - .
<.A-PDlicntion and Submission Requirements:
1. The application must be rully cornplete~ signed by the property owner (or a represcntatIve or thc ~WDcr),
and notarized. lvJy apptlcation signed by a representative oC t.he owner must be supplemented by a power
oC attorney or notarized statement frOlD the owner autlJOrizing representauve. Proof of property ownersWp .
must be attached for an application to be considered complete. Adequate prooC shall consist oC onc of the
following:
n. A copy of Lbe deed. .
b. A copy of title insurance. '" ", '. ..
c. A leller Crom a practicing attorney conJlJll1ing property ownership.
2. The apptication shall be filed at lhe office DC the Developlneut Code Administrator. At the time DC filing.
a ree sball be paid nccording to the current schedule of lees. '
3. Any supplementary informatjon) exhibits, plnm or maps which nre lo accompany and coostitute part of the
nppUcation must be subl1litted at lhe tillle oC filing oC the application. Twelve (12) copies oC all sllch
documents if larger than 8 112 x 14 inches, shaU be furnished by lhc appUcant for distributional purposes.
G85
11/&
CITY OF CLEARWATER
Conditional Use Apr>lic.'tlon . Alcoholic Beverage Sales
(Please Print or Typo. Black Ink Only)
(U j3-bS
· PROPERTY OWNER{S) NAME & ADDRESS:
(Attach Proof Pcr Instructions)
BUSINESS OWNER:
(Holder of State license)
~1 0 r r i t II 0 me s, In c .
401 Corbett street, #300
Clearwater, Florida 34616
Attn: Blake Lonqacre
Walgreen Company
200 Wilmot Road
Deerfield, Illinois 60015
Attn: Brent CircJe
TELEPHONE: (8) 3) 443 4421 TELEPHONE: (708 U40-3078
)I
REPRESENTATIVE NAME 8< ADDRESS: Avid Engineering., Inc. STEVr.: STLJEi)S
!
36422 u.s. Hiqhway 19 N, Palm Harbor, FL 34684TelophonD:~(A13 I 789 9500
ADDRESS OF PROPERTY (Subject of tlequ(!st): 2005 GulC-to-Bav. ClearWllter, rlorida
:~:
NAME OF EST ABLlSHMENT TO BE LICENSED: Wa 19reen Dry.9 store ( Gul f - to-Ba Y !Hercules) '.
LEGAL DESCRIPTION OF PROPEf:tTY (Subject of tloquost):-L-uts 1 -1 2, Midway Suhdi vision
ZONING DISTRICT:
cr:
LAND USE PLAN CLASSIFICATION:
rrrF
1.1
PRESENT ys~ OF PROPERTY:-Shopping 'Ceo ter
: l, .' .: ' : i'l
PROPOSED USE OF PROPERTY: Retail drug store wi tfl "packag~ store
SURROUNDING LAND USES:
North
t3St
Retail Complex
Indoor retail
South
West
vacant
Clearwater; H.Sl
Exiting: _ 0-
Proposed:
I '
, r>roposod: 90
Existing: N A
Proposed: N / A
Existing:
Proposed:
-0-
-0-
ALCOHOLIC BEVERAGE LICENSE DESIGNA TJON:
3-PS
o On Premise ConsumptIon !Xl Package Sales
DO YOU PROPOSE TO PROVIDE. ENTERTAINMENT ON LICENSED PREMISES7 If yes, describe No
TYPE OF REOUEST (Check Appllcabie IBox or Boxes): ,
lj{INew license OAddress Change.' OBusfness OwnershIp Change
. ,
Ollcense DesIgnation Change OExpanslon
SEATS
FLOOR AREA(sQ.ft.1
Existing: N/ A
Proposed: 1 548 *
PARKING
Existing: N / A
OUTDOOR
LAND AREA(sq.ft.1 SEATING AREAlsq.ft.)
INDOOR
HOURS OF OPERATION: Weekdays 9:00. am - 10:00 ~
6 - days a week
ALLOWABLE CAPACITY (Determined by Fire Marshal):
Weekends 9:00 am - 10:00 pn
.. closed on Sundays
, >
Indoor
x
Outdoor
x
SIGNATURE OF FIRE MARSHAL
N/A
(CONTINUED ON NEXT rAGE)
* 1,548 S.F. Liquor Sales, 556 S.F.,. Liquor stock Area (See Attached Sketch)
"
. . "';. 'C....'"
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INFonMA TION IN SUf.:ronT OF lJEO_UEST:
A nati9n~1 druq ~~+e chain, WalgreensL requests permission to
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_...cons.tr.uc.L..il... .15.,.5.25, _8-.. F...__~r_o t 0 ~tY.pe. '.'_..b.uj.1<:UJl9...wh.i.~h_;ln c J..-"t~le s
liquor sales. Wal~reens will meet with the administration of .
...--_.._____..__ -_.- -.-...____..._.__......._ _____e._'__.______..... _........_...._..__ _ ,_.... .-..._.._.....,.._._........ -_.__..._....___
Clearwa ter High School to address their concerns. "
--.--------..-.--------.------. .,--.- -----'---.--...'..'..-----,-r---
'\
ER '''OR REPRESENTATIVE OR nllSINE~S OWN!:R)
, Agent
::J:> IQv (' .LJ ..$. <3::> , fi iT
d /...r ,-
Sworn to ond subscribe bofore me this_L
by A V/~ S. Co 1'.4
8S identification.
day of 5fl./~;;r. A.D., 19 9-3
~tlo is personally known -~~n'd/or has prodliced
STATE OF FLORIDA, COUNTY OF ?//!//[. c. G,I'}-S
.PROPERTY OWNER, BUSINESS OWNER, AND/OR REPRESENTATIVE MUST ATTEND HEARING. FOR A REQUeST
INVOLVING A TRANSFER OF BUSINESS OWNERSHIP, THE BUSINESS OWNER OR THAT OWNER'S bULY
AUTHORIZED REPRESENTATIVE SHALL ATTEND THE PUBLIC HEARING.
FOR OFFICIAL USE ONLY
RECEIVED
VARIANCES REQUIRED xi/DOl.-
CITY COMMISSION 1/1 vA~'AN(e pf 100FT TO Ifffs, 2 o Nt. 200 Pr:
2)./.\ VAP.IANC~ OF 70 rr TV (~6s1 7-0NE!. 2.~o 'FT'
:b)A VARIANc.E Of: LLJ l~r 1t) ~'f1IL.JC.6VS/1tJE'Ss (10FT
D.C.A.B ---tJn.bIE .
THIS IS INTENDED TO BE A 2-SIDED LEGAL DOCUMENT. NOTARY INFORMATION CONTAINED ON THIS PAGE
MUST BE ON THE REVERSE SIDE OF A COMPLETED APPLICATION FOR APpLICATioN TO BE ACCEPTABLE.
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Florid.
Clulrlllill1
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Curlnnc Fm:mull
D:u~r3 J. Crockett
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PlNELlAS COUNTY
SCHOOLS
Ootober 19, 1993
Mr. Scott Shuford, Planning arid Zoning Manager
Planning and D~velopment Department
City of Clearwater
P. O. Box 4748
CI~~rw?ter, FL 34618.474,8
Re:
The variance requested by Morritt Homes, Inc. (Walgreen CompanylWalgraen
Drug Store) for the sale of package beer, wine and liquor at 2005 Gulf-to-Bray Blvd.
Dear Mr. Shuford:
I am in receipt of the Ndtlce of Public Hearing 1rom the Planning and Zoning Board ,
which Includes the request by Mcrritt Homes, Inc. (Walgreen Drug Store) to approve a
new liquor license that will allow the sale of package beer, wine and liquor in close
proximity to Clearwater High' School.
We have received input from the Clearwater High School staff, who have also discussed
this Issue with their PTA and SAC Committees. NeIther the school nor their parent groups
oppose the construction of the new drug store, but do have a major problem with the
request to sell alcoholic beverages at this faclllty. .
Since the proposed store is believed to b~ within 500 feet of the school facility, and since
city codes prohibit 'the sale of alcoholic beverages within 500 1eet of school and
churches, please accept this letter as the school district's opposition to the proposed sale
of package beer, Wine and liquor at the proposed Walgreen Store.
As mentioned previously, we do not oppose the construc1ion of the store, but do ask that
the city consider the safety of students when revie~hig the traffic pattern, parking,
sldewalk~, site access, etc. . UkewiS'e, drainage is 01 major concern since Hercules
Avenue floods each time It rains.
I "
If you have any questions please call me.
Sincerely,
Jame~ Miller, D.irector
Real Property Management
00: J. Howard Hiri"esrey, 'Ed.D., Superintendent. of Schools
. Lanse Johans~n, Deputy Superintendent for Administration & Govern. Relations
8'11I WIlliamson,' Area I. Superintendent " " "
Ed Evans, Principal, Clearwater High School
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Pinellas CountJ~ Council PTA
Hilda Henley, First Vice President
Pinellas County Council of PTAs
512 Virginia Lane
Clearwater, Florida 34624
Planning and Zoning Board
City of Clearwater
112 S. Osceola Avenue
Clearwater, Florida 34616
October 22, 1993
Dear Members of Clearwater Planning and Zoning Board,
It has been brought to our attention that you are considering
a request by Walgreen's to build a liquor store in conjunction with a
dr~g store in a shopping center across the street from Clearwater
High School.
The Pinellas County Council of PTAs, representing more than
100 schools in Pinellas County, strongly objects to this proposal.
Codes have been established to protect us all. Please do not allow
Walgreen's to sell liquor so close to a school. We would hope you
would never allow liquor to be sold near any school in the City of
Clearwater.
We trust yo~ will do what is right for the students and
families of Clearwater High School, as well as all students in
Clearwat~r schools.:
Sincerely,
J./,jjJ~
Hilda Henley, First Vice President
PCCPTA
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SCHOOL ADVISORY COUNCIL
CLEARWI\TE:R [[IOll SCIfOOIJ
540 SOUT/{ IJ1i;RCULES
CLEARWI17'KR, 1"1" 34624
No\'C'mberl, 1993
Scoft' Schufford
P.lanning & Zoning Board
e,i t.' f1:~.Z 1 Annex
10 South Missolll'i Avenue
C 1 E' /I ,. h' 8 t e r , F L 2361 6
Dpal' Hr. Schul'ford,
'l'he School Advisory Council of Cl('~11'h-8ter High School h-'ould like to
go on the record in opposi tion to any grc1nting of 'r'aria.nces
requested by Wa.lgreen's to permit the sale of lllcoholic beverages
at 2005 Gul f-to-Ba.,' Boulevard,
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S j nee!'€' l,v,
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ell th,Y
The Zoning Code clearly pro\".id(:::Js 8 separation of 300 feet betrveen
an." church, school, or residentia.l zone. Tile few exceptions
pro\' ided for in the Code do not appear to llpplJr to the proposed
r\'algreen Drug/Liql1()r store. Fl.lrtJH~l', we do not believe that the
Wa.lgl'een application clearly slIpports conclusiol1s (4) and (7) as
required in Sec. 45.24 "SLandc'1rds for appro"8l". IF "(4) The
request for II variance is llOl. bilsed primarily upon the desire of
the applicant to secure a. gl'{~aier financial return from the
proPGl'ty," thell II f~'algreelJ Drugs tore at 2005 Gl.ll f- to-Ba.y Boul e ,,'ard
does not need an additional liquor store to be profitable and would
be h'(~l come a t the. t si te.
We feel that granting tl1e reqllested variances to r~'algreen 's rvill
indeed "(7) adversel.y a.ffect the public health, safety, order,
cOll\'enience ... (and) general h7elfe.re of the community."
f\'e hope ,VOll rvill. consider {;he greater good o.f the community,
especiall,V the present and future students tlt ClearruJ.ter High
School, rather than the particular financial considerations of 6ne
bllsiness,
SAC Chairman
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1160 Palmetto
Clearwater, FL 34615
RECEIVED
OCT 2 9 1993
October 26, 1993
stephen Doherty
Zoning and Planning Board
City Hall Annex
10 S. Misouri Ave.
Clearwater, FL 34616
PlANNING &
DEVELOPMENT DEPT.
Dear Mr. Doherty:
The School Advisory Council of Kennedy Middle School would
strongly urge you hot to grant the variances requesteq by
Walgreen's for their location across from Clearwater High School
if they continue their desire to maintain a liquor store in
conjunction with the proposed drug store.
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Sincerely,
. {!A-fLiLt~
Cindy Peabody, SA~ Chairman
With the emphases of the dangers of alcohol that Pinellas
educators are asked to relay to students, and with both Kennedy
Middle School and Clearwater High School having active student
groups combating inappropriate use of drugs and alcohol, this
seems contrary to the objective we are trying to achieve.
This is not just a Clearwater High School concern. Well over
half of the students at Kennedy Middle School will attend
Clearwater High School upon completion of there schooling here,
and thus seeing a liquor store proposed in this location is
of concern to the parents, teachers, and administration of this
school.
Please keep in mind the message you send to kids if you grant
the variances required, and the greater message if you do not.
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MRS. CATHY E. SCHMIDT
207 MIDWAY IBLAND
CLE:ARWA TE:R. FL- 3::15+5 .5 0
.Octoher 29, 1993
ScoLt Schufford, Chair
Planning & Zoning' Board
10 South Missouri i1venue
G.l e 81' fv 8. t e r , F L 3461 6
De a r S cot t ,
Speaking as fl parent or two students at Clearwater High
School, I am opposed to gran t.ing Walgreen's a variance to permi t
the sale of alcoholic beverages in their proposed store on the
sOlltheast corner of Gulf-to-BllY llnd Hercules. I strongly believe
that the sale of alcohol so close to Clearwater High School would
"substantially increase the congest:.ion" Oil Hercules and would also
"ad\'(H'sely af'fec t the pu bl i c hea.Z t h, safe tJ'". . . and general ryel fare
of the communitJ"" as noted in the Clearrvater Code.
Thank you foJ' your cons.ideratjon.
S.incerel.v yours,
&J-t!cr ~~( d
Cathy E, Schmidt .
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PHONE CALLS REGARDING OPPOSITION FOR THE WALGREEN'SCU ITEM FOR
NOVEMBER 2, 1993 PZB MEETING.
Marilyn Hawk
1565 S. Betty Lane
CLEARWATER
441-3707
Bill Hayes
2124 Glenann Drive
CLEARWATER
531-5186
Vito Nigrelli
1288 Flushing Avenue
CLEARWATER
536-6851
Eileen Geer
1888 Del Robles Terrace
Clearwater
531-0875
Patrici?- Wyatt
615 College Hill
Clearwater
Sally Roach
2433 Glenann Dri~e
Clearwater
531-0003
J.R. and Linda Parker
229'8 Minneola Road
Clearwater
799-3734
Harriet Konstantinidis
820 Willow Branch Avenue
Clearwater
Connie Glasgow
called in - left no number or address
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Clear\'iater High School PTSA
540 South Hercules Avenue
Clearwater, FL 34624
November 1, 1993
Scott Schllfford
Planning & Zoning Board
10 South Nissouri Avenue
Cl~arwatpr, FL 34616
Dear Mr. Schufford,
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Tt)(~ Parent, Teacher, Student Association of Clearh'ater High School
is adamently opposed to Walgreen Drugstore building a liquor store
on the corner of Hercules and Gulf-to-Ba:,;, directly across the
street from Clearwater High. The PTA seeks as its first objective
"to promote the \.;el fare of children and youth in home, school,
communi ty. . . II The part of the Clear\'iater Zoning code that
separates the sal.e of al.coliolic beverages from home I church and
school by 300 f~et supports this objective and, we believe,
represents the ~'ishes of the l1lajorjt~r of citizens in Clear\.;ater.
We urge, you, ~herefore, to uphold the 300 feet separation already
in the code alld d(,:,ny the variance rC'Cluested b:y \\'algreen' s.
The encl.osed signatures j n opposi tion to the variance
represent parents and friends of Clearwater High School
who '''ere in <:ltlendance at the Frida;\- football game.
requested
students
Sincerel.y ~.Ollrs,
~
Connie Glasgo",',
CHS-PTSA
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We, the undersigned, OlWose granting a
variance to ,the City of Clearwater Zoning
Code which would perDit Walgreen's to sell
any alcoholic beverages' in their . proposed
store on the SE corner o'f Gulf-to-Bay 'and
Hercules, directly across the st.reet.. from
Clearwater High School.
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variance to .the, City of Clearwater Zoning
Code which would permit Walgreen's to sell
any alcoholic bevera~es', in their . proposed
store on the SE corner 'o'f Gulf-to-Bay 'and
Hercules, directly across the st.reet', froll
Clearwater High School.
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l variance to . the" City of Clearwater Zoning
1
, Code which would permit Walgreen's to sell
any alcoholic bevera~es', in their 'proposed
store on the SE corner o'f Gulf-to-Bay 'and
Hercules, directly across the street. from
. . ,
Clearwater High School.
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variance to .the.., City of Clearwater Zoning
Code which would permit Walgreen's to sell
any alcoholic bevera~es '. in their . proposed
store on the SE corner o'f Gulf-to-Bay 'and
Hercules, directly across the st.reet.. from
Clearwater High School.
J
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variance to ,the", City of Clearwater . Zoning
Code which would permit Walgreen's to sell
any alcoholic beverages', in their . proposed
store on the SE corner o'f Gulf-to-Bay 'and
Hercules, directly across the st.reet.. from
Clearwater High School.
NAME
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variance to . the ,', City of Clearwater Zoning
Code which would permit Walgreen's to sell
any alcoholic bevera~es '. in their . proposed
store on the SE corner o'f Gulf-to-Bay 'and
Hercules, directly across the street- froll
. . ,
Clearwater High School.
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DATE
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variance to . the... City of Clearwater. Zoning
.: Code. ,;;.which would perlli t Walgreen J s to sell.
any alcoholic bever~es '. in their . proposed
store on the SE corner 'o'f Gulf-to-Bay 'and
Hercules, directly across the street. froll I
Clearwater High School.
NAME
.ADDRESS .
DATE
',1 I
11' JV-~q_=1
II :
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variance to ,the . City of Clearwater Zoning
Code which would permit Walgreen's to sell
any alcoholic beverages'. in their . proposed
store on the SE corner o'f Gulf-to-Bay 'and
.
Hercules, directly across the st.reet.. froll,
Clearwater High School.
NAME
~~~ tkc/n1t
,
.ADDRESS'
~rr Wt>it'lC4& Dh)' t~Ml (.~J
. DATE
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We, the undersigned, Ol!Pose granting a
variance to . the City of Clearwater Zoning
'Code which would permit Walgreen's to sell
any alcoholic bevera~es', in their 'proposed
store on the SE corner o'f Gulf-to-Bay 'and
Hercules, directly across the st.reet'. from
Clearwater High School.
--------,.------- ----......-.---...---
,ADDRESS, . DATE
(L. Q~Y\l.0C 7(07 6:J.y EC':pI~i) rt-C'/ f, / -. '111( 0ll-.:tl;~
,\~ ~l.a \? \"::.'~'.~ L-~c~~:L0QJi~L~~-9.i!
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(9~{_~v~co I4.C/~- '537 CJu ~ !!I(a/~v(f~.,'
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J~-~QGa? ../~9(l-::&m..d 7f1/At1b....tJl~_.~/L~ J-Lo .', I
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NOV-17-1993 09:51 FROM CLW. C I TV Mr-N'=lGER TO
tOJ-16-1993 18:01 FR01 M=a="Fft.A-.E F'ERCi.JSCN TO
.!
MAYOR P.02/02
4s=m P.1a2
~:. ~ I 9Q,
MA.OF.A.RLANE FmRGUSON
"TTORNE:V8 . C;OUN15~LOR& AT LAW
"l~.~.~.~
p.o. eolC In:tl. SHOl'
'l'~ JI\.~"'" ....
.,~ .7~ "M~'~ lI~fo4:Ift
~~lSTffMn,.
r.o. BOX ,... ""',..~,)"
m.~ft:ft. '&.OlI"~ ;Mel.
'.,:1' _,..".. __iMun'.,........OI?O
210 8aWTH ~AOG rrtM:c;T
"'-0. BOXalt an:' lNI_'
.,""'^~,,~ ~:toa
fVb4'''.-I.'' 'Alt'...,*~
0...&0 tillllt1WJW ,. IfOI'f'I'N
IVITtI: t!JO
.......... ~,'~bA~
"lSI7BD-"4Oa MlCC"~ .,.SlJoQ7d
.o~enbe~ 16, 19~3
IN nCP\.....RtPmt 'tOt
Cle8RBt.r
Mr. Michael W:lght.
Cu t.y Manager
Cl~y of clearwa~er
PO.~ Office Bog 4748
Cl.arw&t.~, PL 3468-4748
Re$ separation variance - Wa1geeen's. locate4 a~ the
ln~.~e.Q~1on of Hercules and GUlt-~o-BaY Boulevard
schedu~ed for public hearlng Novembe~ 18~h b.fo~.
the Claarwater City C~1..~on
VIA i'Nt '462-1720
~ Mt'. Wright I
In li9h~ of concerns ~1ftg expressed ~el.t1~. to ~he abovv
prapoaal, &S a~to~8Y fQ~ ~h. applicant I would 11.. ~o ~8.t
't1\at. 'thiS ID!lt:t.e.J:' " oont.lnuecs untoil the :next. ::eplaJ:'ly BchMUled
...~lng of tne C1ty Comm!ss1on.
OUr cl1-nt wante t.he oppo~unlt.y to SQO if U8 .Lt. pl.n can
be ~.V'i.t>>4 ta ~ftlacat.a tho proposecl .~c::ohal1c ))eyerago ..1..
facilit.y 110 it will be bClVOnd tJle 300' cU..tanae "hleh nec:...1Ut..
a GGparat10n v.~1Ang8 frob thw hlgh aohool.
In ~h8 .vent !~ 1. fteoegDary for ._ to appear on ~b8 18th,
pl.... 1ft IPSiI knOll.
Sincerely yours,
~<L
Ha~\ .. CIJ.Jl8
ISClkoh
. dCU 1ralq~98n t Ii
. T01Ft. P. 02
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, )
..;)
NOV-17-1993 17:29 FROM CLW. CITY 11~GER
TO
mVOR
P.01/01
~ -:. 9 r/ ?Q..
-.
MAOFARLANE FERGUSON
"'T'TOA Nt:'l'f's ~ C':c:)UNCI:LOFlQ AT LAW
'I' ~1't<IN ^TJltCr.T. tIwI,.. K~
V.~ .eut II....' lint ~-,'
r""",,,,^- ",~"."", ~Q'
, '.:1' .'t:lI.&1IDU "AX 'A' " ,. "'...JlM
.wo c;:t, YLUW".""CST
r. o. ""' '... tall-' as-w,,'
r.'I!'~~,..~.,...~,p,t, ~'"
'"'~'4"I".CC ,^" 'al:t'~" ""0
Clea&"Watvr
lI' IC'l !tf.loU'I H H<>tAQC I:ITt '(ftT
'",0. r'lftJl ... _ '.~"I
TIl4V\I1MtCC. "'-C>IIIIItA tllO~
'fOIl' ~."'I.'lt ..~~, fIlll"_...
~Jtto ,",,","''1' " "lOftT""
aUlftllM
"'I"IloM '"" llII(I",. "'1oV'mPt' _...
'If'''. ,., ....O.,fo,JI. '.':1' '.""'l'.v.t
NovQmber 17, 1993
IN "'"'I'1.YM"Cpt TO.
Mayor Rita Garvey
Ci~y commiss1oners
City of ~l..rwat.~
Post Ofti~. So~ 4149
Clea~atert FL 34617-4148
Ret separation variance - Walq~eenr9 loca~ed at the
int.~..Qt1on of He~aul.. and GUlf-to-Bay 80ulevard
.ohe4uled for public hearing on ~oveMb.~ 18th befo~.
the ClearwB~e~ City Commi._ion
vn. FAX '482-5'720
De~r Mayo~ and Co~..!onoral
The Developn.nt Codw AdjuIJ'tmQnt Do~rcl clenJ..cl '-he pa:rklng
vaX'lance :r:equest fc)t the pz:e'Gnt II 1 te pl:QPoeal in the 8.bove-
~ef~renced matte~ en Kov~r 17, 1'93.
Therefore, sLnce our pre8Gnt site plan 1e no~ acceptable, we
do not feel that. we can p~oCQ..d at thA preaGnt: 1:iIIlQ wlth the
separation v.~1.naG, and woul~ requeg~ that i~ be contlnu8~ until
the ne~ regularly schedulA~ commdsslon m.et!~q.
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Clearwater City Commission
Agenda Cover Memorandum
I tern #
Meeting Date:
JI / If
=11=99.:.
SUBJECT:
Walgreens Drug Store - Preliminary Site Plan; located at the southeast corner of Gulf- To-Bay and
Hercules Avenue; Daniel Vietto (owner) ; AVID Engineering, Inc.
(PSP 93-15)
RECO M M EN DA TION/M OTION:
Receive the preliminary site plan for Walgreens Drug Store and authorize the Development Review
Committee to approve a final site plan subject to the preliminary conditions listed on page two.
[J and that the appropriate officials be authorized to execute same.
BACKGROUND:
The applicant proposes to raze the existing 21 ,340 sq. ft. "Morritt Center" strip commercial building to
construct a 17,825 sq. ft. retail center to include a 15,525 sq. ft. Walgreens Drug Store. The remaining
2,300 sq. ft. is proposed to be used for the existing Caravel Ice Cream Store and a new tenant. The
applicant is also requesting:
~ A conditional use permit to allow package alcohol sales;
~ An alcoholic beverage separation distance variance; and
~ A variance to the minimum parking requirements.
The proposed drug store has two prescription pick-up lanes on the west side of the building and a
loading area on the south side of the building. Stormwater retention is located along the eastern portion
of the property.
The property has a Future Land Use Plan classification of Commercial General and a General Commercial
(CG) zoning designation.
With regard to the City's Concurrency Management Ordinance, the new development will be credited
for the amount of trips generated by the existing development.
Reviewed by:
Legal N/A
Budget N/A
Purchasing N/A
Risk Mgmt. N/A
CIS N/A
ACM
Other N/A
Originating Dept:
CENTRAL PERMITTING
'S
COlta:
$ N/A
Total
Commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
User Dept:
$
Current Fiscal Yr.
((;~t '
Advertised:
Date:
Paper:
IllI Not Requi red
Affected Parties
D Notified
IllI Not Requi red
Funding Source:
o Capital Imp.
o Operating
o Other
Attachments:
APPLICATION
MAP
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SUbm~tt'd, :. /J.
. >f ~r~
City Manager
o None
Appropriation Code:
.....
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PSP 93-15
Page two
SURROUNDING LAND USES
NORTH: Commercial
SOUTH: Residential Office
EAST: Commercial
WEST: Public/Semi-Public
ACCESS: Gulf-To-Bay/Hercules Avenue/Rogers Street
PARKING: On site parking - required 107 spaces
DRAINAGE: SWFWMD design standards and City of Clearwater stormwater design criteria'
UTILITIES: All essential services by the City of Clearwater
CONCURRENCY: Vested Rights
PRELIMINARY CONDITIONS:
1. Signs and fencing/walls are subject to separate review and permitting processes.
2. The requisite building permits must be procured within one (1) year from the date of certificati~n
of the final site plan and all requisite certificates of occupancy must be obtained within three (3) , '"
years of the date of certification of the site plan.
"3. The dates and conditions for approval by the Planning and Zoning Board for conditional < use,
approval and the Development Code Adjustment Board for variance approval shall be provided.ol'l,'
the preliminary site plan prior to certification. .
4. A Unity of Title shall be recorded prior to certification of the site plan.
.
>,
CITY OF CLEARW ^ TEn - Depnrtrncnt of Planning & Development
City Hall Annex, 10 So. Missouri Ave., P.O. (Jox 4748
Clc<Jrwater, FL 34618-4748
Telephone: (813) 462-6800 (Fax 462-6641)
APPlICI\TION ron SITE PlAN REVIEW
Applicant (Ownor of Record): Morri t Homes, Inc.
Address: 401 Corbet t st., fl300
Representative: Oreqon Properties lIne.
Address: 28050 U. S. Hwy. 19N, Suite 506
Preparer of Plan: A vi dEn gin e e r i n g, I n c .
Address: 36422 u.s. Hwy 19 North
Telephone:J813 ) 789-9500
Phone: (3 1 3 ) 4 4 3 - 4 4 2 7
City: Clearwater State: FL Zip: 34616
Telephone: ( 81 3 )725 - 9 4 45
City:Clearwater State: FL Zip: 34621
Professional Title: Pro f ess ional Eng ineers
City: Palm Harbor State: FL Zip: 34684
,;
i
Title of Proposed Site PfanlProject:
Gulf-to-Bay/Hercules Avenue Walgreens
Parcel Number: 1 3 I 29 I 1 5 I 57 690 / 00 0 I 000 , 003 0, 0 060
General location of Property: Southeast corner of Gulf-to-Bay Boulevard (S.R.60)
and Hercules Avenue in Clearwater, Pinellas County, Florida
Zoning:
CG
L1nd Use Plan Classification:
C'rF
strl'p Retal'l Center,' "Morrit Center"
Existing Use of Property:
Proposed Use of Property: 17,825 Retail Center; Anchor is 15,525 Walgreens Drug store
If variances and/or conditional uses are involved, explain (if morc SJlace required attach separat.e sheet): Variance for
Parkinq Reduction; Separation Variance for Liquor Salesj Conditional use
for liquor sales.
City Ordinance No. 3128-83 and No. 3129-83 require a parks and recreation irnpllct fee to be paid for all nonresidential projects
over 1 acre in size and all residential developments. Has this property complied with these ordinances? If yes. explain how
and when:
Assessed just value of property (attach verilication):
$813,200 (see attached printout)
,
Most recent sales price (attach verification): As of (date):
(see deed for verfication)
1983
Fee for Site Plan Review:
1. Base charge for each site plan ,_... . . . . . . , . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $790 plus
(a) For each acre or fraction thereof .,.........,.......................... $55
2. Revalidation of a certified site plan .. . . . . . . . . . . . . . . _ . . . . . _ . . . . . . . . . . . . . . . . . . . .$150
3. Site plan amendment (after certification) ...... . _ . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . .$150
790
+110
$900.00
Signature' :
o of the City's land Development Code.
The applicant, by filing this application agrees he/she will comply with
'\"
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aniel Vietto
Oregon Properties, Inc.
, -If the application is signed by an individual other than 1e property owner (c.g.( lh~TJ1Jcstn?Jtiv~~~~a~J attach a statement
signed by the property owner authorizing this individual 0 sign the application.
NOTES:
1) THE SITE PlANS MUST BE DRAWN WITH TI-IE NORTt-1 ARROW TO THE TOP OF THE PAGE.
=
2) THE SITE PlANS MUST BE FOlDEQ TO NO LARGER THAN 9" x 12".
3) IT IS RECOMMENDED THE SITE PLANS SUBMITTED BE LIMITED TO ONE PAGE.
Rev. 3/92
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AGENDA
II
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CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
10.
Meeting Date
f II ( ~
SUBJECT: Florida Power corporation distribution easement across a portion of
city-owned real property at Clearwater Country Club.
RECOMMENDATION/MOTION: Declare as Surplus Real Property a 100 foot wide portion
of city-owned real property at Clearwater Country Club located 50 feet on each
side of a line extending 530 feet south of, and thence 130 feet west of, the
intersection of Palmetto street and Kings Highway for the purpose of granting a
power distribution easement to Florida Power corporation over, under and across
same, adopt Resolution 93-59 dedicating the easement premises to the corporation,
GU and that the appropriate officials be authorized to execute same.
BACKGROUND: Since 1958 the Clearwater Country Club has watered its golf course
using underground well water delivered to the surface by four pumping stations.
Florida Power has provided electric service for the pumps through a 4 wire, 3
phase overhead line across an easement running from the juncture of Palmetto
Street and Kings Highway approximately 365 feet into the country club property.
The City will shortly begin to deliver treated effluent water to the country club
from the Marshall street treatment plant. The State Department of Environmental
Protection permit requires the country club to provide a 1,200,000 gallon
retention pond to receive the water. The pond will not exceed 9 feet in depth
and will cover approximately one acre. The existing overhead power distribution
line will be removed, terminating that easement area, and a new underground line
in conduit will be run generally parallel to and immediately east of the present
line to a new point of service approximately 550 feet into the country club
property from the juncture of Palmetto street and Kings Highway. This new power
distribution line will service a single 125 horsepower pump to water the entire
property. The 4 existing pumps will be removed and the wells closed.
Granting the power distribution easement will facilitate completion of the
effluent water delivery project to the Clearwater Country Club.
I
! Revi ewed by: Jv Originating Dept.
legal publ i c \Jorks Dep,ar(J,t
\0
I Budget N/A User Dept. y
Purchasing ilIA ,/
Risk Mgmt. ilIA I Advertised:
I
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DIS ilIA I Date:
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ACM N/A I Paper: Tampa Tribune
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Other . ,I Not required
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I notified Yes
1 Not required
,
,
Costs:
NIA
Commission Action
(Current FY)
Approved
Approved
w/conditions _____
Denied
Funding Source:
Capt. Imp.
Operating
Other
Cont'd to
fpccagnd.ewb
N/A
Attachments:
Easement Agreement with sketch
Sketch of new and existing
distribution lines
Appropriation Code(s)
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RESOLUTION NO. 93-59
A RESOLUTION BY THE CITY OF CLEARWATER, FLORIDA,
DECLARING A PARCEL OF CITY-OWNED REAL PROPERTY
AS SURPLUS TO CITY NEEDS FOR THE PURPOSES OF
GRANTING A DISTRIBUTION EASEMENT TO FLORIDA
POWER CORPORATION ON CITY PROPERTY, CURRENTLY
LEASED TO THE CLEARWATER COUNTRY CLUB, FOR THE
RELOCATION OF AN EXISTING ELECTRIC DISTRIBUTION
LINE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
EASEMENT AGREEMENT; PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Florida Power corporation proposes to relocate an
existing electric service distribution line located on city-owned
lands currently leased to the Clearwater Country Club, and
WHEREAS, it is necessary that certain lands now owned by the
city be used for relocating the electric service distribution line,
and
';
WHEREAS, Florida Power Corporation has made application to the
city to execute and deliver to the corporation an easement for the
purpose of relocating the electric service distribution line, and
the easement agreement has been duly considered by the ci ty
commission; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
section 1. The application of Florida Power Corporation for
the electric service distribution easement across city owned
property currently leased to the Clearwater country Club is found
to be for a valid public purpose and is approved, and the property
described herein is declared surplus to the needs of the City.
Section 2. In consideration of receipt of $1.00 and other
good and valuable consideration, the City Manager is authorized to
execute the easement agreement in favor of Florida Power
corporation in the form a copy of which is attached hereto as
.Exhibit "A".
Section 3. This re~solution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this
day of
, 1993.
ATTEST:
cynthia E. Goudeau, city Clerk
Rita Garvey, Mayor-commissioner
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EXHIBIT "A"
EASEMENT AGREEMENT
'.
THIS EASEMENT AGREEMENT made this day of ,
1993, by and between the CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation (hereinafter referred to as IIGrantorll), and
FLORIDA POWER CORPORATION, a Florida Public utility corporation, p~'
o. Box 14042, st. Petersburg, Florida, 33733 (hereinafter referred
to as "Grantee"):
WIT N E SSE T H:
THAT THE GRANTOR, for and in consideration of Ten and 00/100
Dollars ($10.00) and other good and valuable consideration, the
receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and convey to Grantee, its successors and assigns, a
perpetual non-exclusive easement for the purpose of installing,
operating, maintaining, repairing and replacing such power
distribution facilities as may be necessary or desirable for
providing electric energy and service over, under and upon certain
property located in pinellas County, Florida (hereinafter referred
to as the "Easement Premises"), described as being
A 100.0 foot wide power distribution easement being 50.0
either side of the centerline of said Easement Premises
as depictedin Exhibit "A" attached hereto and by this
reference made a part hereof, located in Sections 10 and
11, Township 29 South, Range 15 East, and being more
particularly described as follows:
Begin at the center of Palmetto street and Kings Highway,
and thence run South a distance of 30.0 feet, thence run
South 89023'59" East, 17.5 feet for a POINT OF BEGINNING.
From the POINT OF BEGINNING thus established, a 100.0 foot
wide easement lying 50.0 feet on eithe~ side of a center
line running south a distance of 530.0 feet, thence West
a distance of 130.0 feet. The area described lies within
the Northeast 1/4 of Section 10, Township 29 south, Range
15 East, and the Northwest 1/4 of the Southwest 1/4 of
section 11, Township 29 South, Range 15 East.
TO llAVE AND TO HOLD said non-exclusive easement unto said
Grantee forever, subject to the following conditions:
1. Grantee shall have the right of ingress and egress over
and upon the Easement Premises at all times for the purpose of
installing, constructing, operating, inspecting, maintaining and
repairing its electric energy distribution facilities. The Grantee
shall have the right to clear and keep clear the Easement Premises
of all trees, undergrowth, or other obstructions which might
interfere with the use of the easement.
Page 1,of3
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2. The grant of this easement shall in no way restrict the
right and interest of the Grantor in the use, maintenance and quiet
enjoyment of the Easement Premises to the extent that such use does
not interfere with the rights granted herein.
\'
3. The Grantee shall defend, indemnify and hold harmless th~
Grantor from and against all claims, damages, losses and expenses,
including attorneys' fees, arising out of or resulting from the use
by the Grantee of the easement granted herein, other than claims,
damages, losses and expenses arising from the sole neglig~nce of
the Grantor.
4. At all times during the term of this easement, the
Grantee shall maintain all of its structures, improvements,
facilities, pipes, lines, and related equipment located, installed
or constructed within the Eastment Premises, in a safe and
servicable condition.
5. If the Grantee shall at any time abandon or cease using
the Easement Premises for the purposes contained herein, this
easement shall terminate and revert to the Grantor.
6. Upon termination of this easement for any reason, the
Grantee shall, at the request of Grantor and at the expense of
Grantee, restore the Easement Premises to the condition that
existed at the time of the granting of the easement.
IN WITNESS WHEREOF, the Grantor has caused this easement to be
signed in its corporate name by its proper officers thereunto duly
authorized and its official seal to be hereunto affixed and
attested as of the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
By:
~ichael J. Wright
city Manager
Attest:
Cynthia E. Goudeau
City Clerk
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Page 2 of 3
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Page 3 of Easement Agreement between
FLORIDA and FLORIDA POWER CORPORATION dated
regarding a power distribution easement
Township 29 South, Range 15 East, Pinellas
the CITY OF CLEARWATER,
, 1993
in sections 10 and 11,
County, Florida
.~,
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Rita Garvey, the
Mayor-Commissioner of the city of Clearwater, Florida, who executed
the foregoing instrument and acknowledged the execution thereof to be
her free act and deed for the use and purposes herein set forth, and
who is personally known to me.
WITNESS my hand and official seal this ___ day of
, 1993.
Notary Public
Print/type name:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Michael J.
Wright, the City Manager of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be his free act and deed for the use and purposes herein
set forth and who is personally known to me.
WITNESS my hand and official seal this
of
, 1993.
Notary Public
Print/type name:
Approved as to form and correctness:
M. A. Galbraith, Jr., city Attorney
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RE: #10a
Please note that beside the revision in the
Recommendation/Motion section of the agenda memorandum
the ordinance has been revised on page 2 for the
effective date to be 1 /4/94
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Clearwater City Commission
Agenda Cover Memorandum
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Item #
Meet i ng Date:
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SUBJECT: Reclaimed Water Rate Ordinance No. 5325-93
RECOMMENDATION/MOTION: ,', Pass on first reading Ord. i/5325-93 to
formally establish the City's reclaimed water rate system and to recover the
City's costs for reclaimed water service from the benefiting properties
I
~ and that the appropriate officials be authorized to execute same.
BACKGROUND: The City supplies reclaimed water for irrigation to four existing
properties in the Northeast area:
Countryside Country club
Chi Rodriguez Golf Club
PGA Driving Range
Countryside Soccer Complex
211 acres
126 acres
40 acres
12 acres
The City has recently constructed a new reclaimed water pipeline and pumping
facilities to also supply recl.aimed water in the western parts of the city,
with initial service to be provided to the Clearwater Country Club (94 acres).
In February 1993, the City adopted Reclaimed Water Ordinance No. 5324-93 to
formally establish the City's reclaimed water system utility in compliance
with federal and state regulations and requirements.
As indicated in the attached letter from Camp Dresser & McKee, Inc., wherein
the methodology for the rate is described, the annual costs to supply
reclaimed water to these five properties is estimated to be $198,000. Due to
an earlier position by the Florida Department of Environmental Regulation
(FDER) wherein the City was under an obligation to find means of disposing of
sanitary sewer effluent other than the discharge into waterbodies, the City
has heretofore provided reclaimed water at no cost to existing customers. Now
that the Advanced Wastewater Treatment rule (wherein the City has upgraded its
wastewater treatment plants at a cost of $50 million) has eliminated the
earlier "zero discharge rule", the cost to provide reclaimed water should be
recovered from reclaimed water users.
Reviewed by:
legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
(11t1~I6)
N/A
N/A
N/A
N/A
N/A
-1UA
Originating Dept:
Pub l i c Works
Costs:
$ N/A
Total
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
0/.u~
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$
Current Fiscal Yr.
User Dept:
Advertised:
Date:
Paper:
~ Not Requi red
Affected Parties
o Notified
~ Not Requi red
Funding Source:
o Capi ta lImp.
o Operating
o Other
Attachments:
Ordinance
COM letter
Appropriation Code:
o None
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The proposed reclaimed water rate ordinance essentially provides that the
existing and the new reclaimed water customers will pay a reclaimed water
charge which will recover the City's costs to provide that water. The
reclaimed water rate is based on allocating system costs according to the area
irrigated by each customer. A reclaimed water rate of $34.00 per month per
acre of irrigated area is recommended. The reclaimed water system customers
will be allowed to irrigate independent of the water use restrictions which
limit the times for irrigation by other city utility customers. Meters to
record actual water use will be for golf courses and other open space
recreational facilities and for commercial and industrial uses.
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Approval of this item will result in the following billings:
Countryside Country Club
Chi Chi Rodriquez Golf Club
PGA Driving Range
Countryside Soccer Complex
Clearwater Country Club
211 acres
126 acres
40 acres
12 acres
94 acres
Monthly Charqe
$7,174
4,284
1,360
408
3,196
Annual Charge
$86,088
51,408
16,320
4,896
38,352
$197,064
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ORDINANCE NO. 5325-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO UTILITIES; AMENDING THE SCHEDULE OF FEES,
RATES AND CHARGES IN ORDER TO ESTABLISH RATES AND
CHARGES FOR THE RECLAIMED WATER SYSTEM UTILITY;
AMENDING SECTION 32.352, CODE OF ORDINANCES, TO DEFINE
"IRRIGATED AREA;II PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The Schedule of Fees, Rates and Charges set f6rth as Appendix
. A to the Code of Ordinances is amended to read:
UTILITIES:
Deposits, fees, charges and other rates (9 32.068):
(4) Connection charges, fees, and taps on mains.. The following charges
and fees shall be payable to the city upon application:
~ Reclaimed water system connection fee:
.L..
~ Nonstandard connection assembly: Actual cost'of materials and
labor.
~ Y1hen back flow prevent ion dev i ce on potab 1 e water supp 1 y is
required:' Actual cost of materials.
(5) Rates:
.f..gl Reclaimed water rates. The uniform rate for the use or availability
of use of the recla imed water system sha 11 be $34.00 per month per acre of
irriqated area for all reclaimed \.,rater system customers. "Irr;qated area" means
as defined in Section 32.352.
Section 2. Subsection (7.) is added to Section 32.352, Code of
Ordinances, as created by Ordinance 5324-93, to read:
Sec. 32.352. Definitions.
As used in this article:
11l IIlrriqated area" means the total property area of a customer, in
acres, less the impervious area as computed for stormwater manaqement utility
billinQ purposes, rounded to the nearest tenth of an acre.
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however,
1994.
Section 3. This ordinance
the rates established
sha 11
by this
take
ordinance
effect immediately
shall take effect
upon adoption;
January 1,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
AND ADOPTED
Attest:
Rita Garvey
Mayor-Commissioner
Cynthia E.
City Clerk
Goudeau
Approved as to form and correctness:
M~ A. Galbraith, Jr.
City Attorney
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CAMP DRESSER'& McKEE INC.
environmonta/onginoers. scientists.
planners. & managomont conslJltant:s '
19345 U.S. 19 North. Soils 300
C1oarwolor. Rorida 34624
813 5:JO.99 84
December 2, 1992
::n
PUBLIC WOR /OEPAfrrMENT
fNFRA '"" ~C8
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C01'It3 TO.
FllE:.
Mr. William C. Baker, P .E.
Director of Public Works
City of Clearwater
P.O. Box 4748
Clearwater, Florida 34618-4748
RE: City of Clearwater
Reclaimed Water System
Ordinances and Rates
CDM PN: 6349-19-EX
Dear Mr. Baker:
This respo!1ds to your request to prepare the draft R~c1aimed Water Ordinance and the
draft Rec~aimed Water Rate Ordinance. Draft documents are enclosed for your
revIew.
1. Reclaimed Water Ordinance
'.
The Reclaimed Water Ordinance was prepared to formally establish the city's existing
reclaimed water system in cor:npliance with federal and state regulations and
requirements for reclaimed water supply. The existing city system comprises
pipelines and pumping facilities which supply reclaimed water to four prqperties in
the Countryside area. These facilities were constructed in conjunction with the city's
wastewater improvement program to reduce treated wastewater discharges into Tampa
Bay and have also reduced the amount of groundwater used for irrigation. The city is
expanding its reclaimed water system with the construction of pipeline and pumping
facilities which can serve properties in the western areas of the city; the facilities will
initially serve the Clearwater Country Club.
The Florida Department of Environmental Regulation (FDER) requires that the city
adopt a reclaimed water ordinance similar to that enclosed before it will issue the
permit necessary to supply reclaimed water to the Clea.rwater Country Club. FDER
would require such an ordinance to accomplish any expansion to the city's reclaimed
water system customer base.
As we discussed in developing the draft ordinance, similar ordinan~es are successfully
used by other cities and counties in Florida to guide their reclaimed water system
operations and management. The draft ordinance appears reasonable for
consideration and adoption by the City Commission.
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CAMP DRESSER & McKEE INC.
Mr. William C. Baker. P.E.
December 2, 1992
Page 2
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2. Reclaimed Water Rates
The City provides reclaimed water service to four large properties in the Countryside
area. Construction of additional facilities required to provide reclaimed water to the
Clearwater Country Club is nearing completion. Upon completion of these facilities,
the reclaimed water system will serve five large properties:
Countryside Country Club
Chi Chi Rodriguez Golf Club
PGA Driving Range
Countryside Soccer Complex
Clearwater Country Club
Total Area Irrigated
211 acres
126 acres
40 acres
12 acres
94 acres
483 acres
Camp Dresser & McKee Inc. (CDM) previously evaluated several alternatives which
provided for expansion of the reclaimed water system to serve additional propei:ties.
These evaluations included development of reclaimed water rates for existing and
future customers. The City has elected to defer expansion of these facilities because
of the relatively high cos~s for system expansion and the related high customer rates
for reclaimed water supply.
Howeve"[, because there is a need to recover the costs for reclaimed water service to
existing customers, the City has requested that CDM develop a reasonable basis to
recover reclaimed water costs from existing customers. Reclaimed water rates
computed in the previous studies were based on the construction and operation of
new facilities, proposed to serve residential and commercial customers located in
substantial areas of the city, and on offsetting potential reductions in other water
system revenues. The ranges of user rates presented were directly based on the
vmious service areas and funding methodologies considered. None of the reclaimed
water rates considered in the previolls "studies is appropriate for implementation of a
rate applicable onI y to existing customers.
Because the existing reclaimed water service is essentially limited to five customers, it
is reasonable to develop a simple rate system to recover costs based on the area
irrigated by those five customers. The rate system would be organized to recover the
city's investment in pipelines and pumping facilities, and to recover the costs for
operations, maintenance' and management. Because none of those customers is now
metered and because the supply of reclaimed water is substantially greater than those
five customers are capable of using, it is reasonable to avoid the costs for meters and
implement a fixed rate system. "
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CAMP DRESSER & McKEE INC.'
Mr. William C. Baker. P.E.
December 2, 1992
Page 3
The existing City investment in reclaimed water facilities is estimated as follows:
Northeast Pollution Control Facilities'
Marshall Street Pollution Control Facility
Total Facility Cost
$ 675,000
$1. 3 9'0 .000
_ $2,065,000
If the costs of these facilities had been invested in a relatively secure manner, the city
could earn an annual rate of return of in the order of 4-8%. On that basis, the cost
for investing in the reclaimed water facilities is estimated to range from $83,000 to
$165,000 per year. It appears reasonable to consider the recovery of a 5% rate of
return (or $103,000) from reclaimed water system customers.
The total annual costs for the existing reclaimed water system, including operations,
maintenance and management, are estimated as follows:
"
Administration, Billing & Operations
Electric Power
iv{aintenance (0.5 % x Facility Cost)
Return on Facility Cost (5 % x Facility Cost)
Total Annual Cost
$ 40, OOOlyr
$ 45,OOO/yr
$ 10,OOO/yr
$ 103.000/yr
$ ~98,OOO/yr
Recovery of system costs through billing existing customers based on the amount of
irrigated area appears to be a reasonable and appropriate method. With a total
irrigated area of 483 acres, a reclaimed water rate of $34.00 per month per irrigated
acre would generate sufficient revenue to offset the cost of t~e existing reclaimed
water system.
, .
We recommend that a reclaimed water rate of $34.00 per month per irrigated acre be
established and implemented to recover the costs for existing reclaimed water service.
A draft Reclaimed Water Rate Ordinance was prepared on the basis of this
recommendation and is enclosed for your review.
We recommend that the met.1lOds for recovery of reclaimed wate~ system costs remain
relatively simple, as presented above, in order to ensure that the costs for system
administration remain low. As the number of customers increases and the customer
characteristics .change, the methods of cost recovery should be reviewed to ensure
reasonable customer equity. We recommend that the implementation of reclaimed
water service deposits. impact fees,. and connection charges be deferred until the need
for such customer charges becomes more obvious.
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ORDINANCE NO. 5398-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAI N PROPERTY LOCATED ON THE WEST SIDE OF GARDEN
AVENUE, ONE BLOCK EAST OF NORTH FORT HARRISON AVENUE,
APPROXIMATELY 370 FEET SOUTH OF ELDRIDGE STREET,
CONSISTING OF LOT 7 AND PART OF LOT 8, NICHOLSON AND
SLOAN SUBDIVISION (PARCEL A), AND LOT 9 AND PART OF LOT
8, NICHOLSON AND SLOAN SUBDIVISION, AND lOTS 29 AND 30
BIDWEllS OAKWOOD ADDITION TO CLEARWATER (PARCEL B),
WHOSE POST OFFICE ADDRESS IS 510 GARDEN AVENUE NORTH, AS
DESCRIBED MORE PARTICULARLY HEREIN, FROM GENERAL
COMMERCIAL (CG) TO LIMITED INDUSTRIAL (IL) FOR PARCEL A,
AND FROM MULTIPLE FAMILY RESIDENTIAL (RM-8) TO LIMITED
INDUSTRIAL (IL) FOR PARCEL Bj PROVIDING AN EFFECTIVE
DATE.
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WHEREAS, the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable, proper and appropriate, and in compliance
with Florida law; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florid~, is
hereby rezoned, and the zoning atlas of the City is amended as follows:
Property
See Exhibit A attached
hereto. (Z93-04)
ZoninQ District
From: General Commercial (CG) (Parcel A) and
Multiple Family Residential B (RM-B)
(Parcel B)
To: Limited Industrial (Il)
Section 2. The City Commission does hereby certify that this ordinance is
cons;sten~ with the City's Comprehensive Plan.
Section 3. The Planning and Development Director is directed to revise the
zoning atlas of the City ;n accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
November 8, 1993
Rita Garvey, Mayor-Commissioner
correctness:
Attest:
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City Attorney
Cynthia E. Goudeau, City Clerk
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PARCEL A:
Lot 7 and the front portion of Lot 8, zoned General Commercial,
Nicholson & Sloan's Subdivision, according to the .ma~ or plat
thereof as recorded in Plat Book 1, Page 38, of the publlC records
of Pinellas County, Florida.
PARCEL B:
Lot 9 and the rear portion of Lot 8, zoned Multiple-Family "Eight",
Nicholson & Sloan's Subdivision and Lots 29 and 30, G. L. Bidwells
Oakwood Addition to Clearwater, Florida, according to the map or
plat thereof as recorded ;n Plat Book 1, Page 46, of the public
records of Pinellas County, Florida.
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ORDINANCE NO. 5434-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE APPOINTIVE BOARDS AND COMMITTEES OF THE
CITY; ,AMENDING SECTIONS 2.061 THROUGH 2.069, CODE OF
ORDINANCES, TO REQUIRE THAT MEMBERS OF THE APPOINTIVE
BOARDS AND COMMITTEES OF THE CITY SHALL BE RES)OENTS OF
THE CITY; PROVIDING FOR EXCEPTIONS TO THE RESIDENCY
RULE FOR CERTAIN SPECIFIED BOARDS; PROHIBITING CITY
EMPLOYEES FROM MEMBERSHIP ON THE BOARDS AND COMMITTEES
OF THE CITY; PROVIDING A PROCEDURE FOR APPOINTMENTS TO
THE BOARDS AND COMMITTEES OF THE CITYi LIMITING
REAPPOI NTMENTS OF MEMBERS AFTER TWO FULL AND CONSECUTI VE
TERMS AS A MEMBER, OR AFTER RESIGNATION FROM A BOARD OR
COMMITTEE; PROVIDING FOR HIE REMOVAL OF MEMBERS FOR,
EXCESSIVE ABSENCES; PROVIDING AN EFFE~TIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Sections 2.061 through 2.069, Code of Ordinances, are amended
to read:
.
Sec. 2.061. Application of artic1ei definitions.
ill The provisions'of this article shall apply to all appointive boards
of the City i\flil-temm-i-t-tee-s-, except as otherwise provided in this Code.
J1l As used in this article:
ill "Board of the Cityll ..Qf_",_~board" means a board. committee, authority.
or other entity established by an ordinance or resolution adopted bv the city
commission or bv a special act of the Florida Legislature reJ.rung solely to the
citv. and for which the city commission ~as the authority to establish t~
qualifications for membership. The term does not include an agency of the state
or of the county. or an agency established by interlocal aqreement.
notwithstandinQ that the city commission may appoint one or more members to the
board of such agency.
.uu. "Res i dent II means a natura 1 person who res i des wi th i n the C i t y of
Clearwater for not less than six months in each calendar year.
Sec. 2.062. Establishment of new boards iu\d comittecs.
New boards and committee-s- shall be established by ordinance at the
discretion of the city commission. An ordinance establishina a board shall also
establish the duties of the board and the Qualifications of its members.
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Sec. 2.063. ~ualifications and appointment Appointment of members.
ill In addition to other Qualifications which may be specified for board
membership, a person appointed to a board shall be a resident of the city at the
time of appointment and shall maintain residency within the city durinq the term
of the appointment as a condition of eliqibility to hold office. No employee of
the city shall be appointed to membership on a board of the city. As exceptions
to the requirements of this section:
(a) The Community Relations Board shall appointed as provided in Section
2.121.
(b) The Firefiqhters Relief and Pension Fund Board of Trustees shall be
appointed or elected as provided in Section 2.443.
(c) The Firemen's Pension Fund Board of Trustees shall be elected or. in
the case of the mayor and chief of the fire department. assume office as provided
in Section 4 of Article I of the Related Laws of the City, derived from Chapter
30658, Laws of Florida, Special Acts (1955).
(d) The Gas Fitter's Examininq Board shall be appointed as provided in the
Gas Code of the City of Clearwater, Florida, 1965, as adopted by Ordinance 1070
on December 6, 1965, or as may be amended from time to time.
( e) The Pens i on Fund Pens ion Adv i sory Commi ttee sha 11 be elected as
provided in Section 2.395(2)
f The Police Officers
Su 1 ernentar Po 1 ice Off i cers I Ret i rement Fund
a ointed or elected as
also known as the
of Trustees sha 11 be
~ Any person appointed to any board or committee of the city shall be
appointed by the city commission in the following manner:
i2l f!+ Any person meetinq the qualifications of office and wishinq to
serve on a board shall submit his or her name and a brief resume to the city
clerk. At thc second regular city commission mceting of each month, announcement
sha 11 be made of vacancies on the ','arious advisory boards Jppointcd by the
-€6lflmission.
iQl ~ The city clerk shall notify the city commission, in writinq, of
upcominq vacancies on the boards, and shall provide to the city commission the
names and brief resumes of the persons who have expressed an interest in servinQ
on each board havinq a vacancy. Nominations with brief resumcs shall be made by
the mayor commissioner and the other commissioners prior tc the next rcgular
meeting. Nominations in writing will be aCGcpted from individuals and groups.
Copies of names shall bc distributcd..
ifl {J+ At the first regular city commission meeting each month~ ~
mayor comm4ssioner shall present his recommendations and appointments will be
made by a vote of the commi S5 ion to f i 11 the vacanc i es.
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1Ql f4t Board +#e members of all ~dvisory boards and committees whose
terms have expired shall continue to serve on such boards or committee~ until
their successors are appointed.
(5) Persons nominated-aHd not appointed shall be retained on a list for
future consideration if ~uch persons express an interest,in being placed on the
list.
i!Uf6+ When a vacancy due to resiqnation. removal. or death is filled.J,.
the appointment of a replacement member shall take effect term starts on the date
of appo i ntment. except as ma y otherwi se be prov i ded by un less there is a confl ict
with state law. A vacancy due to expiration of a term shall be filled
approximately 30 days in advance, with the appointment effective as of the
beqinninq of the next term.
Sec. 2.064. Terms -Number of terms- of members.
ill Except as may be requ ired by state law. and notwithstandinQ any other
provision of this code or a resolution of the city commission to the contrary,
a term of office on any board shall be for four years. This provision shall not
apply to any member of any board who is presently servinq a term of qreater or
less than four years until the expiration of such term. but this provision shall
apply upon the expiration of the current term of each such member.
(2) No With the exception of city staff or department members appointed
to boards, no person shall serve more than two consecutive full terms on anyone
board or committee, and no person shall serve concurrently on more than one board
unless the second board is an ad hoc board.
(3) Once a person has served two full and consecutive terms on a board.
that person shall not be eliQible for reappointment to the same board for a
lenQth of time equal to one full term on the board.
(a) For a board which meets monthly on a reqular basis. more than four
three ~xcused absences , excused or unexcused, in any consecut ive 12-month
period.
(b) For a board which meets less often than monthly on a reQular basis,
more than three absences , excused or unexcused. in any consecut ive 12-month
period.
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Sec. 2.065. Compensation of members.
Board and committee members shall serve without compensation except as may
be provided by ordinance or special resolution of the commission.
Sec. 2.066. Attendance by members at meetings.
(1) Except as may otherwise be provided by law, a member of representative
~ any board or committee may be removed by the appointinq authority city managor
for excessive absences. IJExcessive absences II shall mean:
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(c) For a board which meets more often than monthly on a reaular basis.
more than five absences, excused or unexcused, in any consecutive 12-month
period.
(2) The staff liaison for each fa€a board or committee shall be required
to keep attendance records and to submit monthly reports to the city clerk city
manager- setting forth both the excused and unexcused absences of each member of
the board or committec. The city clerk will notify the appointinQ authority and
request direction reqardinq the removal of any board member havinq a record of
excessive absences.
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(3) ,~ny board or committec Alembcr affccted by a determination by the city
~anager that such board or cO~Hittee member should bc removcd because of thrce
uncxGused ab~eRces in any 12 month period may appeal such dccision to the city
-€6Rmlission by filing a notice of appeal with thc city cleric within ten days of
receipt of the city manager'~ decision rcmoving such board or committee member.
~uch appea 1 sha 11 be 1 imi ted to the rccord of the act ion taken by the ci ty
manager.
Sec. 2.067. Officers and bylaws.
The boards and committecs established by the city shall meet annually for
the purpose of electing one of their members as chairperson and electing other
such officers as may be necessary. Each board or committce shall adopt rules and
regulations to govern its proceedings, including rules and regulations governing
attendance, and keep a correct record thereof. Each board sha 11 adhere to
Robert's Rules of Order to the extent that such Rules do not conflict with this
ordinance, rules adopted by the board, or applicable state law.
Sec. 2.068. Staff members and other ex officio members.
l
(1) The city manager shall appoint a staff member to serve as a liaison
with an ex officio member to each of the ad'/isory boards and committees
established by the city commission. City employees shall provide support for a
board upon invitation only or as their official duties may reouir.e.
(2) J.hg. In addition, the city commission shall ma-y designate a person
between the age of 17 and 22 years who mayor may not be an active student to
serve as a an ex officio member of each of the followino boards: The.tfia.
community relations board, parks and recreation board, library board and
beautification committee.
(3) Where the city commission requests that a person having the status of
~ student be appointed as an eK officio member to any of the boards establisAed
by the city cOFRRlission, then the city manager shall select such a person to fill
~uch ex officio appointment aftcr fir~t verifying that such person is either a
~h school or collegc student and shall providc a report to the city commission
~ving the name of thc pcrson selected, the place where such person is cnrolled
~a student and the board such person will zerve on as ex officio member.
Sec. 2.069. Resignation of members.
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Members of boards and committees may resign at any time. All resignations
shall be in effect for a pcriod of one year and during that period, A member who
resiqns resignecs will not be eligible for appointment to the same board ~
€emmittcc for a period of time equal to a full term of that board.
Section 2. Nothing herein shall affect the term of any member of a board
of the City as of the effective date of this ordinance, and each such member
shall serve the remainder of his or her term without regard to any provision of
this ordinance which might otherwise disqualify such member from appointment or
membership. '
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING AS AMENDED
PASSED ON SECOND AND FINAL READING
AND ADOPTED
November 8, 1993
Attest:
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Cynthia E. Goudeau
City Clerk
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MOTION TO AMEND ORDINANCE 5460-93
1. On page 3, in Section 44.54(6)(b)4, add at the end of the sentence
"and with all pennants not exceeding an aggregate area of 100 square feet."
This section will read:
h
One or more strinQs of pennants, not to exceed an agqreQate lenath
of 100 feet, with no individual pennant exceedinQ two square feet in
area AND WITH ALL PENNANTS NOT EXCEEDING AN AGGREGATE AREA OF 100
SQUARE FEET.
2. On page 3, in Section 44.54(6)(d), in the second sentence,' change
"issuance" to lIinstallation" and add "or 30 days after. issuance, whichever occurs
earlier" (two places).
This section will read:
'iQl Temporary sian permit. A temporary siQn permit shall be issued to
the owner of a new business or the new owner of an ex;stinq business upon
application by the owner, provided that the application shall be filed within 30
days followinQ issuance of an occupational license for the business by the city.
A temporary siqn permit shall expire 30 days after issuance, except that a permit
for a cold air balloon only shall expire three days after INSTALLATION 4ssuaRcc
OR 30 DAYS AFTER ISSUANCE, WHICHEVER OCCURS EARLIER and a permit for one or more
strinQs of pennants only shall expire 14 days after INSTALLATION issuance OR 30
DAYS AFTER ISSUANCE, WHICHEVER OCCURS EARLIER. A temporary siQn permit shall not
be issued more than two times in the same calendar year for the same business
premises; ~
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M. A. Galbraith, Jr.
City Attorney
11-10-93
(ALL CAPS = new language)
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ORDINANCE NO. 5460-93
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE LAND DEVELOPMENT
CODE; AMENDING SECTIONS 44.08 AND 44.54,
CODE OF ORDINANCES, TO ALLOW TEMPORARY
SIGNS UNDER CERTAIN CIRCUMSTANCES;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Sections 44.08(19) and 44.54(5), Code of Ordinances, areJ
amended, and a new Subsection (6) is added to Section 44.54, to read:
1
Sec. 44.08. Exempt signs.
The following types of signs are exempt from the permitting requirements
of this chapter, provided that number, area, and other limitations set forth in
this section are satisfied. The area of exempt signs shall not be included in
determining compliance with maximum allowable sign area requirements. Exempt
signs are allowed in addition to signs for which permits are required. An
otherwise exempt sign which exceeds the limitations of this section shall require
a permit.
(19) Temporary window signs. Signs shall be allowed in nonresidential
zoning districts for a period not longer than 30 days or as may otherwise be
allowed by this code. The maximum area of such signs shall be 20 percent of
window area or 100 square feet, whichever is less. The area to be used for such
signs shall be clearly delineated with paint, tape or other markings to aid in
the enforcement of the area requi~ements of this section. J
Sec. 44.54. Sign bonus provisions; temporary signs.
This section is establ ished to recognize unusual circumstances which create
the need to modify, in a consistent and uniform manner, the requirements of this
chapter fo~ sign area, height, number and type.
(5) Temporary signs--major public works projects or major storm events.
In the event of a major public works project, such as but not limited to a road
widening project, or in the event of a major storm event which results in the
widespread destruction of existing signs, temporary signs may be erected upon
property affected by such project or damaqe event as provided in this subsection.
(a) Property location. The property upon which the sign is to be erected
shall be located within an area designated by the city manaqer a resolution of
~he city commission as an area adversely affected by a major public works project
or damaQed by a major storm.
(b) Sign types, number, size, height, and location. The following may be
erected on any property located as described in subsection (5)(a) of this
section, in addition to any other sign which may lawfully be erected on such
property.
1. One freestanding directional sign for each driveway on the affected
roadway, each sign not exceeding 20 square feet in area and not
exceeding six feet in height, placed no closer than five feet from
any property line; or
2. One banner per property in districts other than the commercial
center district, or one banner per freestanding building in the
commercial center district. Each banner shall be attached to the
building and shall not exceed 48 square feet in area.
3. For the purposes of subsection (5)(b)1., freestanding directional
sign means any sign supported by structures or supports that is
placed on or anchored in the ground and that is independent of any
building or other structure, and which exclusively contains
information providing direction to or location of any object, place,
or area including but not limited to those signs indicating avenues
of ingress/egress.
(c) Duration. Each sign erected pursuant to this subsection (5) of this
section shall be removed not later than seven days following completion of the
public works project or portion thereof affecting the visibility of the property
or not 1 ater than 45 days fo 11 owi ng the damaae storm event, wh i cheyer is
applicable. As used in this subsection, completion means that active
construction shall have ceased and construction equipment shall have been removed
from the public works project or portion thereof affecting the visibility of the
property, whether the public agency has accepted the construction work or not.
i.Ql Temporary siqns--new businesses or business name chanqes. For a new
business or a chanqe of business name, temporary siqns may be erected upon the
premises of the business as provided in this subsection.
ill Property location. Thel, property upon which the siQn is to be erected
shall be located within a nonresidential zoninQ district appropriate to the
business. The siQn shall be erected upon the premises of the business.
i!U Sian t
erected on an ro ert located as described in subsection 6 a of this
section, in addition to any other siQn which may lawfully be erected on such
property, upon the issuance of a temporary siqn permit as provided herein.
~ One banner not exceedinq 32 square feet in area and not exceeding
six feet in heiQht, placed no closer than five feet from any
property line, or one banner securely attached to an existinq sion
face and no larQer than the existinq siqn face; or
Not more than one cold air balloon not more than 20 feet in heiaht,
width, depth, length, or diameter: or
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One or more temporary window siqns havinQ a maximum area, in the
'aqareQate, of not more than 40% percent of window area or 64 square
feet, whichever is less: or
1. A banner shall be removed not later than 30 days after issuance of
the temporary siQn permit:
~ One or more strinas of pennants, not to exceed an aqqreoate lenath
of 100 feet, with no individual pennant exceedina two square feet in
area.
ifl Duration. Each sian erected pursuant to this subsection (6) shall
be removed in accordance with the followinq schedule:
2. A co 1 d air ba lloon sha 11 be removed not 1 ater than 3 days after
installation, but in any event not later than 30 days after issuance
of the temporary siQn permit reQardless of the date of installation:
~. All temporary window siQns shall be removed not later than 30 days
after issuance of the temporary siQn permit; and
4. All strinQs of pennants sha 11 be removed not later than 14 days
after installation, but in any event not later than 30 days after
issuance of the temporary sian permit reQardless of the date of
installation: however,
5. If a temporary siqn display will consist of more than one type of
temporary siQn authorized by this subsection, the applicant for the
temporary siqn permit shall specify which types of sians are to be
displayed. Upon issuance of the temporary siqn permit. the permit
holder may display each type of sign specified in the application
for a length of time consistent with the time limits set forth
herein: provided, that not more than one such sion type shall be on
display at anyone time, and the time limits shall not be "stacked"
so as to allow the siQn display longer than 30 days' after issuance
of the temporary siQn bermit or to allow the display of a siQn type
10nQer than the time limits set forth herein.
iQl Temporary siqn permit. A temporary sian permit shall be issued to
the owner of a new business or the new owner of an existina business upon
application by the owner, provided that the application shall be filed within 30
days followinQ issuance of an occupational license for the business by the city.
A temporary siqn permit shall expire 30 days after issuance, except that a permit
for a cold air balloon only shall expire three days after issuance and a permit
for one or more strinQs of pennants only shall expire 14 days after issuance.
A temporary siQn permit shall not be issued more than two times in the same
calendar year for the same business premises.
11l Temporary siQns--isolated damaoe due to vandalism, accidents, minor
storm events, or other similar incidents..
JiU SiQn types, number, size, height, and location. For properties
havinQ siqns damaQed by vandalism, accidents, minor storm events, or other
similar incitlents, the followinQ may be erected, in addition to any other siqn
which may lawfully be erected on such property, upon the issuance of a temporar~
siQn permit as provide~ herein.
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~ One banner not exceedinQ 32 square feet in area and not exceedina
six feet in heiaht. placed no closer than five feet from any
property line, or one banner securely attached to an existinq sign
face and no larqer than the existinq sign face: or
2. One or more temporary window siqns havinQ a maximum area, in the
aQQreQate, of not more than 40 percent of window area or 64 sauare
feet, whichever is less.
Jll Duration. Each sian erected pursuant to this subsection (7) shall
be removed not later than the date upon which the temporary sian permit expires.
ifl Temporary siqn permit. A temporary sian permit shall be issued to
a property or business owner who has suffered damaqe to an existinQ sign due to
vandalism, accidents. minor storm events or other similar incidents. and shall
expire 30 days after issuance of the temporary siqn permit.
Section 2. This ordinance shall take effect immediately upon adoption'.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
November 8, 1993
Rita Garvey
Mayor-Commi S5 iO'ner
Approved as
and correctness:
Attest:
cynthia E. Goudeau
City Clerk
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ORDINANCE NO. 5489-9~
AN ORDINANCE OF TilE CITY OF CLEARHATER, FLORIDA,
VACATING THE SOUTH 1.5 FEET OF TI-IE NORTH IO-FOOT
DRAINAGE AND UTILITY EASEMENT LYING IN LOT 197, WOODGATE
OF COUNTRYSIDE UNIT ONE; PROVIDING AN EFFECTIVE DATE.
\VIIEHEAS, Brian T. Gantley, owner of rea. 1 property located in the City of
Clearwater', has requested that the City vacate the drainage and utility easement
described herein; and
vIHEREAS, the C-ity Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the
general public that the same be vacated; nows therefore,
BE IT ORDAI NED BY TilE CITY CO~lMI SS I ON OF THE CITY OF
CLEARWATER, FLORIDA:
Sect ion 1 . The f 0 11 ow i n 9 :
The South 1.5 feet of the North 10-foot Ora inage and Ut i 1 ity
Easement lying in Lot 197, Hoodgate of Countryside Unit One,
according to the nlap or plat thereof as recorded in Plat Book 70,
Pages 13 & 14, of the public records of Pinellas County, Florida,
is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases all of its right, title and interest thereto.
Sect'ion 2. The City Clerk shan record this ordinance in the public
records of Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
November 8, 1993
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Comnissioner
Attest:
Cynthia E. Goudeau
City Clerk
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Easement
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COUNTRYS I DE
SC ALE: N. T. S.
197
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70- 13,14
UNI T
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COVINGTON
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, NOT E= This II not a SURVEY
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Gant ley
Vac. 93- 12
Sect. 31-28-16
Drown by: D. D. M.
Date: 9/27/93
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ORDINANCE NO. 5493-93
AN ORDINANCE OF THE CITY OF CLEARWATER,' FLORIDA,
RELATING TO THE CLEARWATER DOWNTOWN DEVELOPMENT BOARD;
AMENDING SECTION 2.145, CODE OF ORDINANCES, RELATING TO
FREEHOLDERS' REFERENDUM ELECTIONS, TO PROVIDE FOR ONE
BALLOT PER PARCEL OF PROPERTY RATHER THAN ONE BALLOT PER
OWNER OF PROPERTY, AND REVISING OR ELIMINATING CERTAIN
OBSOLETE PROVISIONS; PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the freeholders' referendum procedures in the ordinance for the
Downtown Development Board are of continuing vitality, such as for elections of
board menlbers and changes to the boundaries of the downtown area; and
WHEREAS, the City Commission concurs with the recommendation of the
Downtown Development Board that the amendment to Section 2.145(7), City Code, as
set forth in this ordinance, is proper and appropriate; and
WHEREAS, the City Commi ss ion further finds that the amendments to the
remaining provisions of Section 2.145, City Code, as set forth in this ordinance,
serve the purpose of revising or eliminating outdated provisions; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Sect i on 1. Sect ion 2'.145, Code of Ord; nances, is amended to read:
Sec. 2.145. Freeholders' referenda rcfcrendum and elections.
Whenever a freeholders' referendum is required or an election of board
members is necessary. No powcrs ~hall be exercised by the board and no special
tax i ng d i sir i ct ~ha II be cs tab 1 i shed unt i 1 such time as such referendum or
election shall be conducted as follows the freeholders not ~/holly exempt from
taxat i on in the downtm"n area approvc th i s d i vis ion in accordance wi th the
referendum provisions providcd as follows:
(1) Election supervisor. For the purposes of conductina freeholders'
referenda and elections this referondum, the city clerk shall act as election
supervisor and do all things necessary to carry out the provisions of this
section.
(2) Registration from tax assessment rolls. Within 30 days from this
division becoming a law of the ~tate, the The clerk of the city shall obtain
compile a list of the names and the last known addresses of the freeholders in
the downtown area from the tax assessment rolls of the county and such list shall
constitute the registration 1 ist for the purposes of illlY. -tfle. freeholders
referendum, except as provided in this section.
(3) . RegistrJtion of freeholders not on ta)( assessment rolls. Any
freeholder whosc name docs not appear on thc tax rolls may register with the city
clerk at the city hall, Clear-water, Florida, or by mail in accordance 'fdth
rcgulations prolR~tod, by the cleric Tl1e registration lists shall remain open
until 30 days after the notification provided in subsection (~) of this section.
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iJlf4t Notification. Within the time period specified in subsection (2)
of this section, the clerl( shall notify each freeholder of the general provisions
of this division, and send him a certified copy of this division, the dates of
the upcoming rcferendum and the method provided for additional registration
should the status of the freeholdcr have changed from that obtained from the
county tax assessor. Notification of freeholders' referenda and elections
pursuant to this subsection shall be by United States mail and in addition
thereby by publication one time in a newspaper the Clearwater Sun or othcr major
newspaper of general circulation within the time period provided in subsection
(2) of this scction.
in -W Voting. VotinQ shall be as provided in the by-laws of the
downtown development board, which by-laws shall not be inconsistent with the
provisions of this section. Within 30 days after the closing of the registration
list, the clerk shall have a secret and direct ballot of the freeholders by paper
~:~ l~~g~O~~~ ~f c~~~~~~e~~~~~%:fC~:~~t ~~n;~e ~ch;;l1 h;~~c~f tt'::e :a~1 :;t~~~~
election in thc original notification and, additionally, the day ,after the
registration list is closed, shall mail to all cligible votersldditional
notification of thc time and placc of such clccti~n.
i2lf&+ Certification of election. Within 48 hours onc day aft~r holding
the election, the clerk shall certify the results thereof to the downtown
development board city commission. Any person voting who has knowledge that he
or she is not a freeholder shall be guilty of perjury and shall be prosecuted and
upon conviction punished in' accordance with the provisions of the laws of this
state.
lQl f++ Passage of division. The freeholders shall be deemed to have
approved the passage of the measure sublnitted to the electorate this division at
such time as the clerk certifies to the downtown development board -e4-t-y.
commis~ion that in excess of 50 ~ercent of those voting were in fayor of the
measure establishment of the downtown dcvelopmcnt board. For the purposes of
this division, one vote shall be allowed for each parcel of property individual
who is ~ freeholder or elector within the do~~ntown areas and by the constitution
of thc state. Where a parcel of property is owned by more than one person. the
Joint and scvcral owners of the parcel property shall desianate a votina
representat i ve who sha 11 bc a llowed to cast one ba 110t each for the parce 1. The
votinQ representative shall be desianated as provided in the by-laws of the
board.
(8) Failure to approve division. Should thc freeholders fail to approve
of the provisions of this division as provided in this section, an additional
olection procedurc undcr this section shall be held as if the city commission had
repassed this division at th~t time. Should thc freeholdcrs fail to initially
approve this division as provided in this section after two such referendums, all
provisions of this division shall bc null and void, and this divi~ion shall bo
repcaled.
iZl{4} Elections after changing of boundaries. Additional freeholders'
elections called after increasing or decreasing the boundaries of the downtown
area in accordance wi.th section 2.144 shall be held in accordance with the
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referendum provisions for initial approval of this division; provided, however,
that no provision of this division shall require the approval of freeholders in
an area which has previously approved of the provisions of this diyision by any
referendum held pursuant to this section, unless there is involved a decrease in
the boundaries of the downtown area.
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JJU (10) Dissolution Rcpcal rcfcrendums. The dissolufion of the district.
the abolition of the board, and the repeal of this division may be requested by
~ ^ repeal rcfercndum may be callcd by petition of the freeholders representing
at least 30 percent of the freeholders in the downtown area for the purposc of
abolishing thc board and repealing this division. Upon the receipt of such a
petition for a repc3l rcfercndum by the city clerk, the board shall consider and
decide whether to take such action bv resolution upon compliance with the
requirements of section 189.4043, Florida Statutes a freeholdcr refcrendum
election shall bc called by thc city clerk and shall be held under the procedures
specified in this scction. If the repeal shall fail, ~hcre shall bc no JdditioAal
repcal refercndum made by petition at any time until after onc year from the
certification of thc re~ults of the previous rcpeal rcfcrendum by the clcrk.
~ (11) Cost of elections. The cost of elections to be held under this
d'ivision shall be borne by the board hcld in accordance with thc election laws
of thc city insof3r a~ possible. Thc Downtown Association of Clearwater, Inc.,
will bear the co~t of the initial clections should the question fail, otherwise
thc board shall bc billcd for the cost of thc election by the city.
Section 2. This ordinance shall take effect immediately upon adoption.
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PASSED ON FIRST READING AS AMENDED
PASSED ON SECOND AND FINAL READING
AND ADOPTED
November 8, 1993
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Approved as t
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HOIJ-10-'93 WED 15:39 !D:ART DEEGAN
TEL NO:8l3-462-GG37
*t210 P02
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memorandum
DATE:
'ro
COPIES:
SUBJECT:
November 10, 1993
City Attorney, City Mal1ager, City Clerk
Mayor, Commissioners, DDB Members
Ordinance LiU-'" r L Regarding DDB
__.___________w...._.___........_______..____.__.__~..________~_____________________._
During our discussion of the above referenced ordinance on Novenlber 8,
~everal questions were asked and answered and opinions offered, I did not
have a copy of the Code handy at the time, but upon review of the Code, I wish
to call the following to" our attention:
The Commission should be thinking about who will be
casting votes for the property owned by the city. ,
Above definition of freeholder would seem to say the city
has no vote.
If my version of the Code is incorect, please advise.
(blestion asked:
Answer given:
Code says:
Question asked:
Answer given:
Code says:
QJJest1D1J asked:
Answer given:
Code says:
Qp.estlon a.sked:
Answer given:
Code says:
Comment made:
Code says:
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How can the DDB's bylaws by ammended7
By the Board
"The board .., may amend its ... b,ylaws not inconsistent
with this division, but ... such amendments shall become
effective only after the approval of the freeholders in the
downtown area by written ballots." [2.148]
Cannot there be referenda about other thillgs besides the
boundaries or elections?
The only provision inthe Code is for these items.
See above quote referring to voting to approve bylaw
changes.
Who would vote if the boundaries were to' be changed?
All freeholders in present area and new area.
.'A freeholder's referendum shall be held in connection
with any additions to the area defined in this section, with
only those voting in the new area being eligible to vote.
However, if any eletion shall be nlade in the area defined
in this section, then all freeholders Within the area
defined in this section shall be entitled to vote..."
[2.144(2)(c)]
Who is a freeholder?
All property owners.
"Freeholder means any elector who is an owner of real
property in the downtown area not wholly exempt from ad
valorem taxation including those clain1ing homestead."
[2.141]
If }'OU have suggestions for changing these sections or orherwise improving
the current version of the DDB ordinance (Code: Artic.le III. Division 5 in its
entirety), please pass them on to me as I am working on a draft ordinance, iJ1
compliance with the direction of the eRA truste~s.
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ADM 11':ISTRATI 0:-':
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velopment board. For the purposes of this
division, one vote shall be allowed for each
individual who is a freeholder or elector
within the downtown areas and by the con-
stitution of the state. Joint and several
owners of property shall be allowed to cast
one ballot each.
(8) Failure to approve division. Should the free-
holders fail to approve of the provisions of
this division as provided in this section, an
additional election procedure under this sec-
tion shall be held as if the city commission
had repassed this division at that time.
Should the freeholders fail to initially ap-
prove this division as provided in this sec-
tion after two such referendums, all provi-
sions of this division shall be null and void,
and this division shall be repealed.
(9) Elections after changing of bou.ndaries. Ad-
ditional freeholders' elections called aft.er
increasing or decreasing the boundaries of
the downtown area in accordance with sec-
tion 2.144 shall be held in accordance with
the referendum provisions for initial ap-
proval of this division; provided, however,
that no provision of this division shall re-
quire the approval of freeholders in an area
which has previously approved of the pro-
visions of this division by any referendum
held pursuant to this section, unless there
is involved a decrease in the boundaries of
the downtown area.
(10) Repeal referendu.ms. A repeal referendum
may be called by petition of the freeholders
representing at least 30 percent of the free-
holders in the dov;ntovm area for the pur-
pose of abolishing the board and repealing
this division. Upon the receipt of such a
petition for.: a repeal referendum by the city
clerk, a freeholder referendum election shall
be called by the city clerk and shall be held
under the procedures specified in this sec-
tion. If the repeal shull fail, there shall be
no additional repeal referendum made by
petition at any time until after Olle year
from the certification of the results of the
previous repeal referendum !Jy the clerk.
Ill; Cost of elections. The.' elections to be held
under this division shall be held in accol"
Supp. !\e., 1
dance wit.h tbe election laws of the city in-
sofar as possible. The Downtown Associa.
tion of Clearwater, Inc., will bear the cost
of the initial elections should the question
fail, otherwise the board shall be billed for
the cost of the election by the city.
(Code 1980, S 22.51)
Sec. 2.146. Electors eligible to vote.
In order to further the policies and purposes of
this division, as is specified in section 2.143, it is
determined that those most directly and uniquely
interested in the establishment of this division
are the freeholders that may have to pay taxes in
connection with the establishment of this divi-
sion. Therefore, these freeholders including those
with homesteads, are the only electors eligible to
vote as provided in this division.
(Code 1980, S 22.52)
Sec. 2.147. Creation; members.
(1) There is hereby created a board composed of
seven members to be. known as the Clearwater
Downtown Development Board.
(2) The members of the board shall be elected
for three-year terms, with two or three members
being elected each year, at a date specified in the
b ,laws. ]\1embers shall be elected by the electors
an y the designated voting representatives of
any corporatIons or ot er arti lcia egal entities
ownmg property within the taxing district and by
any other persons owmng property within the dis.
trict. Corporations or other artificial legal enti.
ties desiring to designate a voting representative
with the board shall do so within two weeks prior
to the mailing of the ballots, in the form and
manner specified in the bylaws. In any election,
each qualified voter shall have t.he right to write
in any additional person on the ballot for each
seat to be filled. .<illy ballot received or postmarked
later than the date designated for ballots t.o be
returned shall be null and void. Any ballot con-
taining morc votes than the number of seats to be
filled shall be null and void.
(3) Two board members shall be elected at each
annual election except that three board members
shall be elected in 1989 and every third year there-
after. For each election, a number of persons equal
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--#-/70....~) ...
SR 590 (DREW STREET)
, PROJECT DEVELOPMENT
AND ENVIRONMENT STUDY
conducted by:
Florida Department of Transportation,
and
City of Clearwater
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"From Pierce Boulevard to Northeast Coachman Road' . '
Clearwater, Pinellas County, Florida'
':.WORK PROGRAM ITEM NUMBER 7117121
,. "STATE PROJECT NUMBER 15050-1501
'FEDERAL AID PROJECT NUMBER M-1464(9)
,RECOMMENDED IMPROVEMENT
'..' '
ALTERNATIVE PRESENTATION'
,.TO THE CITY OF CLEARWATER COMMISSION
November 18, 1993
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SR 590 (DREW STREET) PD&E STUDY
WPI NUMBER: 7117121
STATE PROJECT NUMBER: 15050-1501
FEDERAL AID NUl\ffiER: M-1464(9)
Contact: Lee Royal, Public Information Officer or Mahshid Arasteh, Project Engineer
(1-800-226-7220)
Project Description:
,.'
Drew Street from Pierce Boulevard to Northeast Coachman Road.
I
Drew Street is currently a four lane undivided facility within 50 to 100 feet of right-of-way
width.
'.'
Proposed I1nprovements:
, Convert Drew and Cleveland Streets from Pierce Boulevard to Evergreen Avenue to a three lane
one way pair pperation within the existing right-of-way width.
Widen Drew street from Evergreen Avenue to Northeast Coachman Road to provide four
standard width travel lanes and a continuous two way left turn lane within 90 feet of right-of-
way. At some locations, this widening will require acquisition of up to 16 feet of right-of-way.
Evergreen Avenue will be converted to a one way facility and will provide two northbound lanes
within the existing right-of-way.
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Project Schedule:
Notice to Proceed
Public Workshop
Submit Draft Environmental Document
Public Hearing
Approval of Environmental Document/LDA
December 91
June 93
February 94
March 94
September 94
Project 111zpact.r: & Estilnated Costs:
Business Relocations:
Residential Relocations:
Wetlands:
Cost Estimates: '
3
12
o
Design:
ROW:
Construction:
(ill~Juding eEl)
$0048 million
$8.65 million
$5. 23 million '
Adopted Work Pl~ograln Funding:
Fiscal Year
Design:
ROW:
Construction:
1995 - 1996 (City of Clearwater TIP)
1997 - 1998
Not in 5 year work program
1t MAIN 0
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ell:
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0
0
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LEGEND
8 STATE ROAD xxx
l2J COUNlY ROAD xxx
@1 US HIGHWAY xxx
111111 CSX RAILROAD
PROJECT LIMITS
FLORIDA DEPARTMENT OF TRANSPORTATION
DREW STREET (SR 590) PD&E STUDY
FROM PIERCE BOULEVARD TO N.E. COACHMAN ROAD
PINElLAS COUNTY
PROJECT LOCATION MAP
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Widen Drew Street from North Fort Harrison
Avenue to Northeast Coachman Road to provide
it continuous two-way left-turn lane, bicycle
lanes and four standard width travel lanes,
See attached typical section.
Alignment 31 (lC+2N+ 3C) Impacts: 9 business
relocations, 10 residential relocations, total cost $19.42
million (ROW $13,04 million. design $0,54 million.
construction and inspection $5.48 million)
Convert segments of Drew and Cleveland Streets
to a one-way pair operation from Pierce Blvd.
to Evergreen Ave. and widen Drew St. from
Evergreen Ave. to Northeast Coachman Road.
Between Drew and Cleveland Streets, Pierce
Blvd. would be one-way sou th and Evergreen
Ave. would be one-way north.
See attached typical sections.
Alignment 4 (l + 2N + 3C) Impacts: 3 business
relocations, 12 residential relocations, total cost $14.36
million (ROW $8,65 million, design $0.48 million,
construction and inspection $5.23 million)
Convert Drew and Cleveland Streets to a one-
way pair operation from Pierce Blvd. to
Northeast Coachman Rd. Between Drew and
) Cleveland Streets, Pierce Blvd. would be one-
. way south and Evergreen and Nimbus Avenue
would be one-way north.
See attached typical sections.
Alignment 1 (1 + 2+ 3) Impacts: 2 business
relocations, 4 residential relocations, total cost $9.33
million (ROW $2.48 million. design $0.57 million,
construction and inspection $6.28 million)
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DREW STREET PD&E
PREFERRED IMPROVEMENT ALTERNATIVE SELECTION PROCESS
DEVELOP ALTERNATIVE IMPROVEMENT CONCEPTS
NORTH. SOUTH. CENTERED
WIDENING
ALIGNMENTS
PREPARE IMPACT
MATRICES
COMPARATIVE
EVALUATION OF
ALIGNMENTS
DBFINB BEST ALIGNMENT
FOR WIDENING
DREW STREET
(AUGNMENT 31)
DEPINB BEST ALIGNMENT
FOR SHORl'
ONB-WAYPAIR
(AliGNMENT 4)
RECOMMBND
:BEST WlDENlNO
AUGNMBNr
AS THE
PRBFBRRED
ALTBRNATlVB
RECOMMEND
LONOONB-WAY
PAIR.AS THB
PRBFEltRB>
ALTBRNAT1VB
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'" 'PAlRAS THE
PRBFBRRED
ALTERNATIVE
ONE-WAY PAm.
ALTERNATIVES
PREPARE rMPACT
MATRICES
DEPINBLONG
ONE-WAY PAIR
(ALIGNMENT 1)
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Step 2
Compare Widening Drew Street to Short One-Way Pair
Comparison Limited To Segment 1 As Segments 2 And 3 Are..,;
Also Widening Alternatives
~ment 1: One- W ay Pair Recommended
Ranked Best
Least Cost
Adds To Cleveland Street Parking
Supported By Public Comments
Flexibility For The Future
· Redevelopment Master Plan
· Causeway Bridge Study
"Therefore, Short One-Way Pair Alternative Recommended Over
Widening Of Drew Street Alternative
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Step 3
'Compare Short One-Way Pair to Long One-Way Pair
'Some Quantifiable Factors Support Long One-Way Pair
Least Cost
Least Relocations
- However, More Noise Impacts
Non-Quantifiable Factors Support Short One-Way Pair
- Downtown Planning Flexibility
.Conformance With 2010 Transportation Plan
Better Traffic Level Of Service
Community Disruption, ' " '
· Moves Traffic From Thoroughfare To Residential Street'
, · Truck Traffic Restrictions Lifted
· Increased Traffic And Noise At Two Parks And School
, -Community Opposition To Long One-Way Pair
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Step 4
Recommend Short One~Way Pair
or
~ment 1: One-Way Pair (Drew And Cleveland Streets) From,
Pierce Boulevard To Evergreen Avenue
~ment 2: Widen Drew Street On North Side From Evergreen
Avenue To Orion Avenue
, Segment 3: Widen Drew Street On Both Sides (Center
Alignment) From Orion Avenue To Northeast
Coachman Road
No-Build Alternative Remains Viable Tllrough Public Hearing,"
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PREFERRED ALTERNATIVE IMPACTS SUMMARY
ONE-WAY PAIR FROM PIERCE BOULEVARD TO EVERGREEN AVENUE
AND
WIDENING DREW STREET FROM EVERGREEN AVENUE TO NE COACHMAN ROAD
EVALUATION, FACTORS
. < ....' "
: ,'IMPACISOF:: ' ' ',,' " ,
PREFERREDALTERNA riVE ','
1 +2N+3C '
BUSINESS IMPACTS:
Number 01 businesses ex ected to be relocated
3
RESIDENTIAL IMPACTS:
Number 01 residences ex ected to be relocated
12
COMMUNITY FACILITY IMPACTS:
Community facilities within ROW:
- Number of churches
-Number of schools
- Number of nursing homes
-Number of hospitals
-Number of cemeteries
-Number of other ublic services fire stations, etc.
2
1
o
o
o
1
NOISE IMPACTS:
Number 01nolse sensitive sit.s 1m acted
47
IMPACTS ON CULTURAL/HISTORIC RESOURCES AND PUBLIC PARKS:
Number of historic sites/structures adjacent to ROW
Number of ublic arks ad acent to ROW
4
1
NATURAL ENVIRONMENT IMPACTS:
Wetlands within ROW:
-Disturbed
- Undisturbed
-Total Wetland Acreage
0.00
0.00
0.00
Floodplain and f100dway encroachment:
-Area of base 1l00dplaln encroachment (acres)
-Area of base 1l00dwa encroachment acres
0.00
0.00
POTENTIAL HAZARDOUS MATERIALAND PETROLEUM CONTAMINATED SITES.:
Numher 01 potential haurdous material sites
Number of otential etroleum contaminated sites
1
9
RIGHT OF WAY IMPACTS:
Number of parcels Impacted
Area of R OW to be ac uired acres
109
4.1
ESTIMATED PROJECT COSTS (Prlsent value In million $):
ROWacqulcitlon cost
Engine.rlng cost
Roadway construction cost excluding bridge Improvements
Construction engineering and Inspection
TOTAL COST
· Site. with potential for both types of contamination are counted In both cat.gories
8.65
0.48
4.75
0.48
14.36
)rIg
rihereas NOFember 14-20 is American Education Week; and
ffhereas the children ol Cl earrvater are the C i tJ" s most valuable
asset; a,nd
Whereas recent studies on drug' prevention reveal that adolescents
see alcohol and drug use as the number one problem for
their age group; and
Whereas the Pinellas County School System spends otTer $760,000
annually for their drLlg'- and alcohol-free school program;
and
Whereas the School Board of Pinel1as County has expressed its
concern over providing a drug- and-alcohol free
environment for its schools and has asked the City of
Clearh18ter's support in this tegard; and
f1herea.s the City of Clearrvater wants to provide the best possible
educational environment for its children;
THerefore the City of Clearh7ater proclaims that it f1ill not permit
any new business to sell alcoholic beverages within 300'
of any school within the City of Clearwater.
~~
~v13
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Clearwater City Commission
Agenda Cover Memorandum
Item'"
Meeting Date:
fer.
" II~
SUBJECT:
Purchase of Medical Services for Job-Connected Injuries (Workers' Compensation)
-
RECOMMENDATXON/MOTION:
Extend a non-exclusive Medical Services Agreement with Doctor's Walk-In Clinic
to provide medical services to city employees suffering job-connected
injuries/illnesses during the period 01/01/94 through 12/31/94, for an amount
estimated at $35,000.
'I
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~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
Bids were solicited on October 29, 1992, from medical facilities located
within the corporate limits of the City of Clearwater for examination and
treatment of on-the-job injuries to city employees. These medical services are
billed to the city by the medical provider and then paid for by the City's
Third Party Administrators, Johns Eastern Company, Inc. and Gallagher Bassett
Services, Inc. The funds used by the Third Party Administrators to pay these
bills ultimately corne from the City's Central Insurance Fund.
The bid made by Doctor's Walk-In Clinic in 1992 was the lowest, most
responsive bid submitted in accordance with the specifications. The essential
terms of that bid were incorporated in the attached agreement. The agreement
provided for two (2) additional one-year terms. The second year of this
agreement will begin 01/01/94. Addendum One provides for renewal of the
medical services agreement for another year on the same terms and conditions.
The purchase of these services has been provided for in the Central
Insurance Fund Budget for Fiscal Year 93/94. Available balance in fund is
$1,841,980.000
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
'..jnating Dept:
"'~.~/R i sk Management
Costs: S 35.000 (est.)
Total
'.
$ 26.000
Current Fiscal Yr.
em.ission Action:
a Approved
a Approved w/conditions
[] Denied
a Continued to:
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Advert
Date:
Paper:
H Not.
Affected ...lIrties
[] Notified
H Not Requf red
......... ~.
FUlding Source:
[] Capital I"l>.
[] Operat i ng
, [] Other CI F
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Appropriation Code:
590-07000.545800.590.000
Attac:h.!nts:
Copy of Medical Services
Agreement
Addenck.Jn One
[] None
o Printed on recycled paper
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ADDENDUM ONE
TO
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MEDICAL SERVICES AGREEMENT
EXECUTED
DECEMBER 28, 1992
BETWEEN
CITY OF CLEARWATER
~D
DOCTOR'S WALK-IN CLINIC
THIS ADDENDUM is entered into by and between DOCTOR'S WALK-IN CLINIC,
executed the 28th day of December, 1992;
NOW, THEREFORE, the parties agree as follows:
a Florida Corporation, hereinafter referred to as "DWIC" and CITY OF
CLEARWATER, hereinafter referred to as "CITY".
WHEREAS, the parties hereto have been operating pursuant to the terms of
a Medical Services Agreement executed the 28th day of December, 1992; and
WHEREAS, the said Agreement will expire by its own terms at midnight on
December 31, 1993; and
WHEREAS, the parties desire to extend the term of said Agreement
1. The original term of the Medical Services Agreement executed the
, 28th day of December, 1992, is hereby modified and the same shall be effective
for an additional period of twelve (12) months from January 1, 1994,
December 31, 1994; and shall remain in full force and effect as herein
modified during said extended term.
2. In all other respects, except as modified herein, the said
services Agreement executed December 28, 1992, is hereby ratified and
confirmed.
DATED THIS day of
, 1993.
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DOCTOR'S WALK-IN CLINIC,
Florida Corporation
Attest;
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Corporate sec~
By
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Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Wright
City Manager
Rita Garvey
Mayor-eommissioner
Approved as to form
and correctne6s
ATTEST:
M. A. Galbraith, Jr.
City Attorney
cynthia.E. Goudeau
City Clerk
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MEDICAL SERVICES AGREEMENT
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,l\GREEMEN'f made this l:jf_ doy of W~mber-, 1992, by
and between DOCTOR'S W^LK-IN CLINIC, llereinafter referred to as
the "Medlenl Provider", and CITY OF CLEARWATER, a Florida
municipal corporation hereinafter referred to as "city".' ,
Recitals
'rho cl ty 1!l a municipa 1 corporation and has its offices and
operntioll locnted ill the clty of Cleorwnter, state of Florida,
Dnd pr.esently has a total payroll of approximately 1775
employees, consisting of both part time and full time employees.
TIle City desires to engage the services of the Medical _
Provider and its staff medical personnel to examine and provide
medical treatment of city employees for job-connected injuries or
illnesses suffered during the course of ernploym~nt which are
covered by Chapter 440, Florida statutes as may'be required by
the nature of the illness or injury suffered in the opinion of
Medical Provider's medical staff.
TIle Medical Provider has on staff phy~icians, nurses and
other medically trained personnel licensed by the state of
Florida and desires to render professional medical services for
the city's employees on the terms and conditions provided in this
agreement.
The city hereby retains the services of the Medical Provider
and the Medical Provider through its medical staff agrees to
render services to the City's employees as follows:
Services
1. (a) 'rhe Nedical Provider, through its medical staff,
sllall render nonemergency medical treatment to city's employees ~
wIlen these services are required and within the capabilities of
Hedical Provider's medical staff at Medical Provider's facility
in the city of Clearwater during the normal business hours of
Medical Provider's Clearwater facility.
(b) The Medical .provider shall perform medical and surgical
s~rvices tllat may be necessary to treat the employees of the city
for injuries and occupational diseases sustained during the
course of their employment and that are covered by the workers'
compensation provisions of the state of Florida workers'
compensation law, provided, however, nothing herein shall require
the Medical Provider to treat any city employee for injuries or
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occupatjonal disease whicl\ ,require special training and equipment
beyond the capnbility of the Medical Provider's medical staff and
the equipment available at the Medical Prov'1der' facility
,identified in paragraph 3 hereof.
..( c) The Hedical Provider and the ci ty hoth understand and
ngroe thnt this agreement is a nonexolusive agreement with the
Medical provider having the rigllt to exam and tr~a~ persons other
than city employees and with the city having the right to send
its employees to other medical providers for. examination Bnd
tr.eatment.
(d) 'rhe f1edical Provider shall maintain complete and
accurnte records of all care, treatment, and examination of the
employees of ttle city and shall prepare and submit reports that
mny be required by the Florida workers' compensation law and by
the city of Clearwater.
,~
Term
2. This agreement shall commence on January 1, 1993, and
shall continue in effect for a period of one (1) year until
midnigl1t on December 31, 1993. By mutual agreement, this
agreemont may be extended for up to two (2) additional one year
terms upon the same terms and conditions.
Equipment and Facil~ties
3 . 'l'he Medica 1 Prov ider sha 11 prov ide at its expense such
offices, examination and treatment rooms on its premises at 2600
U.S. Highway 19 North Clearwater, Florida as may be necessary for
use by its medical staff in examining and treating the city's
employees. The facilities provided shall contain such medical
equipment, and supplies and shall be stocked with such medicines,
drugs, dressings, and other items of a medical nature. as .are
necessary to treat tile city's employees or as may be agreed on by
tIle parties. The Medical Provider shall furnish at its expense ,~ ,
the instruments, gloves, and items of wearing apparel required to~
perform the services under this agreement.
I .
Physicians, Nurses, and Other Assistants
4. The Medical "Provider shall furnish at its expense
Florida licensed physicians, nurses, x-ray and lab technicians,
and other assistants, bottl medical and nonmedical at its premises
as necessary to exam and treat City's employees, and to prepare
the medical records and reports ,required to carry out its duties
under this agreement.
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Hours
5. 'l'he Hedical Prov:tc1er at a minimum shall have medical
staff [Ivnilnble for examiJlation and treatme\1t of the city's
employees at the premises of the r-1edical Provider between the
hours of 8:00 A.M and 6:00 P.M. Monday-Friday.
Compensation
6. For the services rendered under this agreement, the
Medicol Provider shall be entitled to fees for each city employee
n~tun 11 y examined and trea ted by t.he f.1edlcal Prov ider in the
DTllOunt allowed by the latest version of the Florida Workers'
CompensCltion Provider l1anual (the applicable fee schedule) less a
discount therefrom of ten (10) per cent provided the invoice
submitted by Medical Provider to tIle city Is paid by the city or
its 'l'hird Party Administrator within '0 days of receipt by the
city.' '
Insurance and Indemnification
7. Tile parties hereto intend that the Medical Provider will
be an independent Contractor and not an agent or employee of city
under tIlls agreement and, to protect the city from any liability
v/ha tsoever, the Nedicnl Prov ider shall at all times during the
duration of this agreement and for all times thereafter necessary
to protect the city against liability, the Medical Provider shall
maintain a policy of malpractice insurance in the minimum amount
of $1,000,000 and shall further indemnify ,and hold the city
harmless from any and all claims arising out of the performance
of the duties under this agreement.
Entire ^greemen~
8. TIlis agreement supersedes any and all other agreements,
either oral or in writing, between the contracting parties with
respect to its subject matter; no other agreement, statement, or
promise relating to the subject matter of this agreement that iS,'1
not contained in it shall be valid or binding unless in writing
and signed by both parties..
Assignment
. ,
9. Nei ther this agreement nor any duties or obligations ".
under it shall be assignable by. the Medical Provider without the
prior written consent of the city.
Successors. and Assigns
10. Subject to the provision regarding assignment, this
agre~ment shall be binding on the heirs, executors,
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administrators, personal representatives, successors, and assigns
of the respective parties.
,,-
~^tt.orney 'B Fees
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11. If any nction at law or in equity is brought to enforce
or irlterpret the provisions of this agreement, the prevailing
party shall be entitled to reasonable attorney's fees in addition
to any other relief available.
Governing Law
12. 'l'he va 1 idi ty of thl s agreemen t. and of a ny of its terms
or provisions, as well as the rights and duties of the parties
under this agreement, shall be governed by the laws of the state
of Florida.
Executed at Clearwater, Florida, the day and year first
above written.
IN WITNESS WIIEREOF, the parties have executed this Agreement
for the purposes therein set forth.
CO~rSign
~veY
Mayor-commissioner
CLEARWATER, FLORIDA
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By
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C i-t Y
Approved as to form
and correctness:
Attest:
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DOCTOR t S WALK-IN' C~1.NIC r ....>,~"..;-
a Florida corporatio1t:li E'~~"\~-':~:-
By ~ "" .~... .'
Its Duly Authorized
Representative
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H. 1\. Galbrai h
city Attorney
Attest:
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corporate Secretaryl
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~d. Item #
Meeting Date:
Ill,~
CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
Subject:
PHYSICAL EXAMINATION AND MEDICAL SERVICES
Recommendation/Motion:
Extend the contract with HCA Family Care Centers Walk-In Clinics, Largo, Florida for physical
examinations and other medical services for the contract period of 1-1-94 through 12-31-94 for an
estimated cost of $41,682.91.
IXI and that the appropriate officials be authorized to execute same.
BACKGROUND:
The City of Clearwater solicited bids in 1992 and awarded a contract for the 1993 calendar year for
the following physical examinations anu medical services for City of Clearwater employees: post
offer physicals, annual physicals, respirator physicals, controlled substance tests, medical review
officer services, blood alcohol tests, and tetanus typhoid immunizations. These phys ical
examinations and medical services arc required by union contracts, state and federal law,
Occupational Safety and Health Administration, Americans with Disabilities Act, and for pension
eligibility.
The Human Resourees Director, Chief of Police, Fire Chief, and the Gas System Managing Director
unanimously decided to recommend that the City renew the contract for these services with RCA.
The original bid called for two (2) one (I) year extensions with an inerease equal to the consumer
price index (CPl). The CPI for all urban consumers US City average (1982/84=100) for September
1992 to August t 993 is 2.5%.
The fiscal year 1993/94 medical examination budget codes include the money for this contract and
funding will be requested in 1994/95 medical examination budget codes. Various departments pay
for the services (e.g., Police Department ($40,000 in 010-01148-521500-52 t -000) pays for ann u a I
phys icals, Hu man Resources ($30,000 in 590-09831-52 t 500-590-000) pays for all po s t-o ffer
physicals except for Fire Department's ($ t 3,840 in 010-01220-521500-522-000), Gas System ($2,420
in 423-0206X-521500-532-000) pays for controlled substance tests, etc.)
HCA Maintains a permanent facility at 2 North Belcher (corner of Cleveland and Belcher) I n
Clearwater.
Reviewed by:
I
I
Costs: Estimated
$41.682.91
Total
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
Legal ..NLA
Budget
Purchasing
Risk Mgmt. ..NLA_
CIS JilA
ACM
Other
User Dept.:
v u r i 0 U tJ2"4';:1-
$30.000.00
Current FY
Advertised:
Date:
Paper:
Funding Source:
o Capt. Imp.
[X] Operating
o Other
Attachments:
Renewal Letter
Bid Response Form
o None
Submitted by:
Ii] Not required
Affected parties
o Notified
o Not required
Appropriation Code:
various
City Manager
). e to l' I ~:... .'..l.
HCA
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f1.'Nlfrs Care
2 North Selener Road
Clearwater. Fl34625
, (813) 446-4461
October 25, 1993
City of Clearwater
Human Resources Dept.
p.e. Box 4748
Clearwater Fl 34625
Att: Evelyn Cone
Dear Evelyn,
This is to confirm our agreement to continue the bid
for the City of Clea~wal~r for phys1cal examinations for
the period of 1-1-94 to 12-31-94 with an increase equal
to cpr (2.5%).
Sincerely,
(I.. 1rI~
Robert Wooldridge
Clinic AdminisLrutor
,'....
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Item &t. Qty.
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General Post-offer Physical
Police and Fire Annual Physical (male)
Police and Fire' j\nnual Physical (female)
Police and Fire Post-offer Physical (m3.Ie)
Police and Fire Post-offer Physical (female)
Respirator Pij,ysic.al
NIDA 5 Controlled Substance Test at a NlDA
certified laboratory
Certified Medical Review Officer Serviees
(provide unit price for positive and negative
results) Must be certified by Association for + 8. 00
Medical Review Officers or an equivalent
nationally recognized certified organization
NInA Blood Alcohol Test
Tetanusrryphoid Immunizations ~J'f)C' e.a.c:/~
Police Reserve Post-offer Physical
Fitness for Duty Evaluations (unit price is
based on hourly charge)
Provide assistance in implementing a Drug-
Free Work Place
*Number of drug screens could be increased if a Drug-Free Wark Place is implemented ,'.
include di.~counts for volume of drug screens.
#Blood alcohol tests shall be at the discretion of management~ and may not be
required at all unless a Drug-Free Work Place is implemented.
-.
1.
2.
3.
4.
S.
6.
7.
8.
9.
10.
11.
12.
" 13.
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200 ea.
350 ea.
30 ea.
20 ea.
5 ea.
5 ea.
40*
40.
#
5 ea.
Sea.
as
needed',
n/a
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Bid Response Form
. .
Descnption
)
.
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Unit {;'ice ~
$ 18.50
73.80
76.10
265.65
276.80
22.50
29.00
$. 3, 700 . 0 0.....
25,830.00
2,283.00
5,313.00
1,384.00
112.50
1,160.00
8.00
320.00
29.00
2.50
107.75
40.00
Physical examinations during period of 01/01/93 to 12/31/93: Two (2) one (1) year extensions,'
possible with mutual agreement with an increase equal to CPl.
Payment terms:
Monthly billing; payment upon receipt.
Selected vendor must have a facility within' the City of Clearwater.
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Calculation of CPI*
:#:- J 0
eM b.~.
, Month
September 1992
October 1992
November 1992
December 1992
January 1993
February 1993
March 1993
April 1993
May 1 993
June 1993
July 1993
August 1993
CPI
141.3
141.8
142
141.9
142.6
143.1
143.6
144
144.2
144.4
144.4
144.8
144.8 (August 1993) 141.3 (September 1992) = 3.5
3.5 divided by 141.3 = .0247699 = .025
*CPI for all urban consumers - US City Average (1982/84 = 100)
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Bid Response Form
ltstm Es. Qty J
Description
~~
General Post-offer Physical
Police and Fire Annual Physical (male)
Police and Fire Annual Physical (female)
Police and Fire Post-offer Physical (male)
Police and Fire Post-offer Physical (female)
Respirator Physical
NIDA 5 Controlled Substance Test at a NIDA
certified laboratory
Certified Medical Review Officer Services
(provide unit price for positive and negative
results) Must be certified by Association for +
Medical Review Officers or an equivalent
nationally recognized certified organization
# NIDA Blood Alcohol Test
5 ea. TetanuslTyphoid Immunizations
5' ea. Police Reserve Post-offer Physical
as Fitness for Duty Evaluations (unit price is
needed, based on hourly charge)
n I a Provide assistance in implementing a Drug-
Free Work Place
*Number of drug screens could be increased if a Drug-Free Work Place is implemented
include discounts for volume of drug screens.
#Blood alcohol tests shall be at tbe discretion of management, and may not be
.-
required at all unless a Dmg- Free Work Place is implemented.
1.
2.
3.
4.
5.
6.
7.
8.
9.
,10.
11.
12.
13.
200 ea.
350 ea.
30 ea.
20 ea.
5 ea.
5 ea.
40.
40*
--.,
Physical examinations during period of 01/01/93 to 12/31193: Two (2) one (1) year extensions
possible with mutual agreement with an increase equal to CPl.
Payment terms:
Selected vendor must have a facility within' the City of Clearwater.
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AGENDA
-DATE
Il
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ITEM #
:Zl
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Clearwater City Commission
Agenda Cover Memorandum
I tern #
Heeting Date:
:21 /1/,<6
SUBJECT:
Extension of Fuel contract--Dreyfus
RECOMMENDATION/MOTION: Extend the annual contract from October 16, 1993, through
December 15, 1993, with Louis Dreyfus Energy Corporation, Atlanta, GA, for the
interim purchase of premium fuel, at an estimated cost of $80,000, in accordance
with the extension of the cooperative contract let by the Pinellas County
Consorti um and in accordance with City Code Section 42 -2 3 ( 4 ), cooperati ve
purchasing with other governmental entities,
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
The city of Clearwater purchases its vehicle fuel with the Pinellas County
Consortium. The Consortium's contract is awarded on an annual basis (October 16,
1992, through October 15,1993, awarded to Louis Dreyfus Energy corporation), and
the City piggy-backs its fuel purchases from this contract. with the County's
contract award procedure, it is difficult for the City to award its contract in
a timely manner.
The fuel contract for fiscal 1993/94 has not been awarded by the Consortium due
to a significant increase in the estimated purchase of fuel (the Pinellas County
School Board re-joined the Consortium and doubled the quantity of fuel to be
purchased). The Consortium decided to re-bid this commodity to obtain a more
competitive price based on its expanded quantity of fuel to be purchased,
therefore, the Consortium has extended its contract with Louis Dreyfus Energy
corporation for an additional two months (October 16, 1993, through December 15,
1993).
While the Consortium negotiates its new fuel contract, it is estimated that the
city will need approximately 86,650 gallons of premium fuel at an estimated cost
of $80,000 during this extension period. staff recommends that a two-month
extension be granted to purchase fuel from Louis Dreyfus during this period of
time. As soon as the Consortium awards its fuel contract, the City will process
its agenda item for the remaining ten-month period.
Funding for this purchase is budgeted in the Fuel code, 566-06611-550500-590-000,
which has an available balance of $536,564.00, as of October 20, 1993.
Reviewed by:
Legal
Budget
Purchas i ng
Risk Mgmt.
CIS
ACM
Other
N/A
~
NtA
]~
Costs:
S 80.000
Total
Commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
User Dcpt:
$ ---
Current Fiscal Yr.
various
Ftnfing Source:
o Capi tal Imp.
~ Operating
o Other
Attachments:
,----"
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Advertised:
Date:
Paper:
~ Not Required
Affected Parties
[J Notified
~ Not Required
Appropriation Code:
566-06611-550500-590-000
~ None
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Cit("'~
....
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Clearwater City Commission
Agenda Cover Memorandum
I tern #
Heeting Date:
01~.
n{( ~
SUBJECT:
Extension of Fuel Contract--BP
RECOMMENDATION/MOTION:
Extend the annual contract from October 15, 1993, through December 15, 1993, with
BP oil Company, Atlanta, GA, for the interim purchase of diesel fuel, at an
estimated cost of $36,800, in accordance with the extension of the cooperative
contract let by the Pinellas County Consortium and in accordance with City Code
section 42-23(4), cooperative purchasing with other governmental entities,
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
The city of Clearwater purchases its vehicle fuel with the Pinellas County
Consortium. The Consortium's contract is awarded on an annual basis (November 5,
1992, through October 15, 1993, awarded to BP oil Company), and the City piggy-
backs its diesel fuel purchases from this contract. with the County's contract
award procedure, it is difficult for the City to award its contract in a timely
manner.
The fuel contract for fiscal 1993/94 has not been awarded by the Consortium due
to a significant increase in the estimated fuel purchase (the Pinellas County
School Board re-joined the Consortium and doubled the quantity of fuel to be
purchased) . The consortium decided to re-bid this commodity to obtain a more
competitive price based on its expanded quantity of fuel to be purchased,
therefore, the Consortium has extended its contract with BP oil Company for an
additional two months (October 16, 1993, through December 15, 1993).
While the Consortium negotiates its new fuel contract, it is estimated that the
City will need approximately 59,800 gallons of diesel fuel at an estimated cost
of $36,800 during this extension period. Staff recommends that a two-month
extension be granted to purchase diesel fuel from BP oil Company during this
period of time. As soon as the Consortium awards its fuel contract, the city will
process its agenda item for the remaining ten-month period.
Funding for this purchase is budgeted in the Fuel code, 566-06611-550500-590-000,
which has an available balance of $536,564.00, as of October 20, 1993.
Revi ewed by:
Legal
Budget
Purchasing
Risk Hgmt.
CIS
ACM
Other
N/A
'~
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'N/A
N/A
Rl)b)
Originating Dept:
General Services
Costs:
$ 36.800
Total
Commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
$ ---
Current Fiscal Yr.
User Dept:
various
F~ing Source:
o Capital Imp.
~ Operating
o Other
Attachments:
.,. ..
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Advertised:
Date:
Paper:
~ Not Requi red
Affected Parties
o Notified
Di1 Not Requi red
181 None
S\.taitt~;2----
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City ~~ag r
Appropriation Code:
566-06611-550500-590-000
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Clearwater City Commission
Agenda Cover Memorandum
I tern #
Meeting Date:
~3.. 11{,'6
SUBJECT:
Purchase of Lubrication Services
RECOMMENDATION/MOTION:
Award a one-year contract (November 19, 1993, through November 18, 1994) to
Pelican Car Wash and Quick Lube, Inc. , Clearwater, FL, for the purchase of
lubrication services, at an estimated cost of $11,343.00, which is the lowest,
most responsive and responsible bid submitted in accordance with specifications,
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
Bids were solicited for the purchase of lubrication services. This contract
provides for the routine, recurring lubrication and inspection of city vehicles.
contracting these services ensures that the service will be performed on schedule
and be purchased at a competitive price.
Nine firms did not respond to the bid solicitation for the following reasons: 5
do not offer the service, 2 stated scheduling conflicts, and 2 stated insufficient
time to respond to the bid solicitation. staff recommends that the low bidder,
Pelican Car Wash and Quick Lube, Inc., Clearwater, Florida, be awarded the
contract for Bid No. 176-93.
Funding for this purchase is budgeted in Equipment Repair--Commercial, 566-06611-
546500-590-000, which has an available balance of $381,382.00 as of October 20,
1993. Fiscal year impact for 1993/94 will be $11,343.00.
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Reviewed by:
Legal
Budget
Purchasing
Risk Hgmt.
CIS
ACH
Other
Costs: $ 11.343.00
Total
$
Current Fiscal Yr.
Commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
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,
Various
Fla"lding Source:
'0 Capi ta lImp.
r&1D Operat ing
o Other
Attachments:
Bid Tabulation/Bid Summary
(~o(j)
Advertised:
Date: 9/3/93 & 9/10/93
Paper: P.C. Review & Tampa
Tribune
o Not Requi red
Affected Parties
riA Not it ied
1m Not Required
o None
Appropriation Code:
. 566.06611.546500.590.000
^ ed
~. Printed on recycl paper
, .
Cln OF CI.BAIUlATBR
BID 176-93 OPHNED 09/20/93
BID TAB
LUBRICATION SERVICE
OIL CAN HENRY' S PELICAN QUICK LUBE
CLEARWATER. FLORIDA CLEARWATER. 'FLORIDA
lTEll ESTIMATED UNIT TOTAL UNIT TOTAL
.J!!b. DESCRIPTION QUANTITY fllli! flllg fllli! fJ1lg
1. LUBE. OIL & FILTER CHANGE 700 16.42 11 ,494.00 13.99 9,793.00
(FIVE QUARTS OIL)
2. LUBE. OIL' FILTER CHANGE 100 17.57 1.757.00 15.00 1,500.00
(SIX QUARTS OIL)
3. EXTRA OIL (PER QUART) 50 L15 57.50 1.00 50.00
4. DIESEL ENGINE FILTERS (EXTRA CHARGE) 20 3.73 74.60 NO CHARGE
ESTIMATED GRAND TOTAL I 13.383.10 11 .343.00
--.--.---. ----------
OIL BRAND HANK , rnrrCBT:
VALVOLlNE 15W40
PENNZOIL 30W OR 40W
TERl:IS :
NET 30
NET 30
SlIHHARY OF BIDS
BIDS SOLICITED I
BIDS RECEIVED.
,NO RESPONSE I
NO-BID RESPONSEa
11
2
6
3
SlJHHARY OF NO BID RESPONSES
DO NOT OU~R PRODUCT/SERVICEa 3
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LUBRICATION SERVICE
RESPONSES:
Oil Can Henry's
Clearwater, Florida
Pelican Quick Lube
Clearwater, Florida
NO BID RESPONSES:
Coastal Motors Garage
Clearwater, Florida
VehiCare
Tampa, Florida
Midas
Clearwater, Florida
NO RESPONSE:
Jiffy Lube
Clearwater, Florida
Grease Monkey
Bradenton, Florida
'Don Olson Firestone
Clearwater, Florida
Universal Mechanic
Mulberry, Florida
Lube Tech
Clearwater, Florida
,All Tune & Lube
Largo, Florida
.... ",'.':.
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BID 176-93
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TOTAL: $13,383.10
TOTAL: $11,343.00
Do not offer service
Do not offer service
Do not offer service
Insufficient time
Do not offer service
Schedule will not permit
Do not offer service
Schedule will not permit
Insufficient time
, ,';'"I.'t."
(per attached specifications)
Contract will start upon award, approximately November 1,
1993.
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Item
No . Qty .
1 . 700 ea.
2.
100 ea.
3.
50 ea.
4.
20 ea.
Payment terms:
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BID RESPONSE FORM (176-93)
CA1 b.~.
Unit Total
Price Price
Commodity Description
Lube, oil & filter chanqes
on 450 vehicles. Price to
include oil filter & oil
up to five (5) quarts of
oil 15W 40, SG, CD
Lube, oil & filter chanqes
on 100 vehicles. Price to
include oil filter & oil
up to six (6) quarts of
oil 15W 40, SG, CD $
. :' .':/~.
'....,
$ $
$
Extra quarts of oil above
limits of item #1 or #2 $
$
Additional cost for oil
filters for diesel engine $
$
Contact Donald Long, 813/462-6833, with questions regardinq
this bid.
BIDDER REPRESENTATION
I represent that this bid is submitted in compliance with all
te~s, conditions and specifications of the Invitation for
Bid and that I am authorized by the owners/principals to
execute and submit this bid on behalf of the business
identified below.
BUSINESS NAME:
STREET ADDRESS:
FID:/F
CITY, STATE, ZIP CODE:
PRINT/TYPE NAME OF AUTHORIZED REP:
TITLE/POSITION OF AUTHORIZED REP:
SIGNATURE OF AUTHORIZED REP:
DATE SUBMITTED:
FAX NUMBER:
TELEPHONE
-3-
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...-
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Brand Name:
Weight:
your choice.
Instruction to Bidders
A. Enclose copy of your pre-printed vehicle
invoice/inspection form with your bid response.
B. Unit bid price shall be firm for initial contract period
10-1-93 to 9-30-94. Contract can be extended by mutual
agreement for one (1) year.
c. Bidder shall specify brand name and weight of oil to be
used for items #1 & #2 and #6 here:
No change to brand name and weight can be made without
prior approval of Fleet Administrator. Only top grade,
first run oil will be accepted.
D. All services to be performed, recorded and invoiced per
specifications attached. Contact John Stafford or Donald
Long at 813/462-6833 with any questions on
specifications.
E. Bidders service location, equipment and personnel
experience shall be subject to review and approval by the
Fleet Administrator. Distance of service location from
City Hall Annex shall be a factor in determining which
bid is most advantageous to the City.
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SPECIFICATIONS
1. Complete lubrication (driveshafts and PTO shafts when
applicable.
2. Change oil.
3. Change oil filter (OEM quality or better, vendor must prove
quality) .
4. Check and fill low fluid levels on the following items:
a. Battery water (if applicable)
b. Brake fluid
c. Radiator coolant reservoir tank
d. Power steering fluid
e. Transmission fluid
f. Differential fluid
g. Transfer case (when applicable)
5. Wash windshield
6. Check all lights and turn signals, exclude emergency equipment
7. Check wipers and washer fluid
8. Test horn
9. Check belts
10. Tires - pressure and condition
11. Brake system
a. Hoses
b. Fluid leaks
12. Exhaust system
13. Hoses
14. Check undercarriage
15. Check for oil leaks
16. Check steering for excessive play
17. Install lube sticker on door jam or transparent sticker on
windshield. sticker to indicate date of service, mileage and work
performed by.
18. Any problem found during the service will be reported to Fleet
Maintenance at that time and noted on invoice. Call 462-6889 with
the discrepancy. The service must be performed in a time frame not
to exceed 20 minutes from the time the vehicle arrives at the site.
The site must be able to handle all equipment sent, up to and
including 2-1/2 ton, 5-yard dump trucks. Work must be done either
on a lift or on a pit. This is to allow inspection at the under
carriage.
19. Vendor will check to ensure unit is in need of service. Any unit
serviced less than 4,000 miles ago, must have a verification call
to Fleet Maintenance. Any work performed without prior approval
will not be paid for.
20. The vendor will not be paid for any invoice that is not completely
filled out, on the first work day of each week. These are the
invoices for each vehicle of the previous week. '
21. When a potentially dangerous situation exists with the equipment,
the vendor must, at that point, notify Fleet Maintenance at 462-
6889. It then becomes Fleet Maintenance responsibility. Fleet
Maintenance will inform as to what action is to be taken.
(over)
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Page 2.
Lubrications specifications
eM 6, lA. .
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22.
Vehicle inspections
form. One (1) copy of
invoice/delivery ticket prepared
to Fleet Administrator as soon as possibleafter work is performed.
Each invoice/delivery ticket prepared by contractor must show make,
model, city vehicle # and tag number of vehicle and must be signed,
after work is completed, by city employee operating the vehicle.
Time in and time out for each vehicle must be recorded on
inspection ticket and/ or invoice. Mileage must be recorded on
invoice.
will be
the
recorded on
inspection report
for that vehicle,
contractors pre-printed
will accompany the
to be submitted
LubScrv:wp3
Clearwater City Commission
Agenda Cover Memorandum
~lt
I tern #
Meeting Date: ____
IllIg-
SUBJECT:
Transfer of Unappropriated Retained Earnings of the Marina Fund for Marina
Building Signs.
RECOMMENDATION/MOTION:
Approve the transfer of $8,288.00 from unappropriated retained earnings of the
Marina fund into Capital Improvement Project 93483 (Marina Building
Improvements), for the fabrication and installation of twelve signs on the
Marina building
I and that the appropriate officials be authorized to execute same.
EACKGROU:ND:
The city Commission approved the contract to Anderson & Birchard Design/Build
Group, Inc. for the Marina Building Improvements on August 2, 1993. Work on
the building improvements started in mid-September, with an estimated
completion date in mid-December.
The fabrication and installation of twelve signs for the Marina building were
not included in the contract to Anderson & Birchard, Design/Build Group, Inc.
Using the sign drawing from Fowler Associates Architects, Inc., competitive
quotations were solicited from sign companies. Four quotations and one no bid
were received. Cordova Signs and Awnings submitted the lowest most responsive
and responsible quotation in accordance with the sign drawing at a total cost
of $8,288.00. Their quotation for the fabrication and installation of the
twelve signs is $5,790.00. Internally illuminated channel letters with
aluminum returns and backs were also selected at a cost of $2,498.00, bringing
the total to $8,288.00. The fabric colors for the panels will be blue with
white border and white letters.
city staff recommends that the twelve signs for the Marina building be funded
by the city. Each first floor building tenant will be required to advise the
city on the lettering for their new sign, which must meet the requirements of
the sign ordinance. All future business signs will be funded by the building
tenant.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACI4
Other
~
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N~A
t>lei>
N/A
Originating Dept:
Marine
d~~
Costs:
$8.288.00
Total
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
User Dept:
N/A
Current Fiscal Yr.
Marine
FU'lding Source:
181 Capital Inp.
o Operat fng
181 Other unappropr i ated
retained earnings of the
marina fund_
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'Advertised:
Date:
Paper:
181 Not Requi red
Affected Parties
o Notified
,181 Not Requi red
Appropri at i on Code:
. 315-93483-563600-575-000
Attachments:
1. Sign Drawing sheet from
Fowler Associates Architects,
Inc.
2. Competitive Quotation
SUI1Il8ry sheet.
o None
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Clearwater City Commission
Agenda Cover Memorandum
I tern #I
Meeting Date: ____
~5. II/IS
SUBJECT:
starlight Holdings, Inc. Lease Agreement - Fifth Amendment
RECOMMENDATXON/MOTXON:
Approve fifth amendment to paragraph 3, of the starlight Holdings, Inc. lease
agreement, for Room 8, dated June 1, 1990
a and that the appropriate officials be authorized to execute same.
BACKGROUND:
Mrs. Cathy M. Acker, President of Starlight Holdings, Inc. and current lessee
of Room 8 in the marina building, requests that paragraph 3 of her lease
agreement be amended to include the sales of: foreign cigarettes only; small
office supplies, mens & ladies toiletries, southwestern USA items, crystals,
marine accessories, country store items, card shop items and works of art.
The lease agreement with Starlight Holdings, Inc. expires on November 30, 1994.
All other conditions, limitations, restrictions and obligations of the current
lease agreement will remain in effect throughout the term of the lease.
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Legal
Budget
Purchasing
Risk Mgrot.
CIS
ACM
Other
Costs:
MIA
Total
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
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N/A
Current Fiscal Yr.
User Dept:
Marine
FU'lding Source:
o Capital 11Ill.
o Operating
. 0 Other
A ttachlllents:
1. Mrs. Acker's letter
2. Fifth Amendment to Lease
Agreement
N/A
/J'\,
Adverti sed:
Date:
Paper:
a Not Requi red
Affected Parties
[] Notified
a Not Requf red
Appropriation Code:
o None
;
i
o Prfnted on recycled paper
,I lLl:.AkWATER
OCT 111993
11id<iJut{;\tt\Si tI~S OFfICE
MARINA 1 HOUR PHCYl'O
25 Causeway Blvd. #8
CLEARWATER, FLORIDA 34630
October 8, 1993
Mr. Bill Held
Harbormaster
Dear Bill:
I would like to request that we be allowed to carry some new
items in our One Hour Photo Shop in the Marina. As you know,
my husband and I started operating the shop about two months
ago. During that time, the shop has not produced enough revenue
to cover expenses. Therefore, we are asking for your, and the
City's, permission to carry items which no one else in the Mar-
ina presently sells.
The below list 1s general where no one carries a similar product,
or specific, such as foreign cigarettes, so our product is easy
to differentiate from the product (American Cigarettes) carried
by another tenant. These items would be an amendment to our
lease.
The items are: 1) foreign cigarettes, only
2) small office supplies
3) men's and ladies' toiletries
4) Southwestern USA items
5) crystals
6) marine accessories
7) Country store items:
a) crafts
b) gourmet food items
c) other items you would find
in a Cracker Barrel Country Store.
8) Card store items such as Garfield mugs, etc.
9) works of art.
Bill, we will be very careful to not carry the exact same items
as any other tenant. However, we might have a Garfield mug, and
they might have a Clearwater Beach mug. Obviously, these have
different customers. We would appreciate your immediate approval.
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Sincerely,
C4#u; /ll. ~
Cathy M. Ack-er
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FIFTH AMENDMENT TO LEASE AGREEMENT
THIS FIFTH AMENDMENT TO LEASE AGREEMENT is entered into on
,
1993, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation
of the state of Florida, hereinafter referred to as "LESSOR", and "STARLIGHT
HOLDINGS, INC.", a Florida corporation, hereinafter referred to as "LESSEE".
WHEREAS, the LESSOR and FAST HURRY PHOTOS, INC., entered into a Lease
Agreement on November 15, 1989, wherein FAST HURRY PHOTOS, INC., leased Room
8 in the Clearwater Marina Building from LESSOR; and
WHEREAS, on June 12, 1990, the Lease Agreement was assigned from FAST
HURRY PHOTOS, INC., to LESSEE; and
WHEREAS, the Lease Agreement was amended on June 27, 1990" May 23, 1991
and December 3, 1991, January 8, 1993; and
WHEREAS, the LESSOR and LESSEE have agreed to amend the Lease Agreement
to change the type of business that will be conducted from said premises
during the remainder of the term of the lease;
NOW THEREFORE, in consideration of the conditions and mutual covenants
contained herein, the parties do hereby agree as follows:
1. Paragraph 3 of the Lease Agreement is further amended to read:
3. The demised premises shall be used only for the purpose of
conducting therein the business of:
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a. A fast photo mini-lab and quick printing.
b. Retail photography (such as photos, picture postcards,
frame~, and albums) .
c. Rental of camera, video cameras, underwater camera
equipment, and related photo supplies.
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d. Retail sales of optical wear (sunglasses).
e. Copy machine and fax services.
f. Passport photo services, and photography of tourists in
Clearwater Marina complex and charter boat area only.
g. Newspaper, magazine and paperback book service.
h. Western Union check cashing service.
i. Sale of Lotto and Lottery tickets.
j. Federal Express mail service.
k. Sale of charts and maps.
1. Sale of personalized license plates.
m. Fruit shipping service. (Produce not allowed in store)
n. Key duplicating service.
o. Sale of greeting cards.
p. Foreign cigarettes. only.
q. Small office supplies.
r. Mens & ladies toiletries.
s. Southwestern USA items.
t. Crystals.
u. Marine accessories.
v. Country store items: such as. crafts. gourmet food items~
other items you would find 'in a Cracker Barrel Country store.
w. Card store items: such as. Garfield mugs. etc.
x. Works of art.
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2. All other terms and conditions of the Lease Agreement shall remain
dated October 8, 1993.
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unchanged except as specifically amended therein, subject to attached letter
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
Michael J. Wright
city Manager
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Approved as to form and correctness:
Attest:
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M.A. Galbraith, Jr.
City Attorney
WITNESSES:
Cynthia E. Goudeau
city Clerk
STARLIGHT HOLDINGS, INC.
By:
President
Attest:
Secretary
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Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date:
~~.
II l<t
SUBJECT:
land Development Code Amendment - Revisions to Planned Development District Requirements.
(lDCA 93-16)
RECOMMENDA TION/MOTION:
Receive proposed land Development Code amendment revIsing Planned Development District
requirements and refer to City Clerk for advertisement for public hearings.
[] and that the appropriate officials be authorized to execute same.
BACKGROUND:
The Commission has directed staff to develop required revisions to the Planned Development District
regulations to establish Residential Planned Development (RPD) sub-categories in order to allow existing
subdivisions to be rezoned in a manner which "grandfathers" the subdivisions' existing setbacks and
development standards. This amendment was necessitated by the Pinellas Planning Council Consistency
Program.
As part of these revisions, the staff also simplified and clarified the language contained in the existing
planned development district. Please note that there were also two major substantive changes proposed
in the revisions:
~ The required site plan for the planned development districts has been modified to substitute a
"concept" plan. The proposed change will allow the Commission to consider planned
development districts involving less than a full-blown site plan submittal, thereby making the
zoning district more flexible and encouraging its more frequent use.
~ The proposed amendment also allows the Commission to permit conditional uses by right as part
of the planned development district approval. This is done for the purpose of improving flexibility
and encouraging use of the planned development district concept.
The Planning and Zoning Board will also need to review this item.
Reviewed by:
Legal
Budget
Purchasing
Risk "'gmt.
CIS
ACM
Other
4v
Originating Dept: ;; 5
CENTRAL PEID1ITTING
Costs: $ N/A
Total
N/A
N/A
N/A
N~
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N/A
User Dept:
$
Current Fiscal Yr.
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
r
Advertised:
Date:
{.~ Paper:
rill Not Requi red
Affected Parties
o Notified
181 Not Requi red
FUlding Source:
o Capital Imp.
o Operating
o Other
Attachments:
DRAFT ORD I NANCE
Appropriation Code:
o None
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ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE LAND DEVELOPMENT CODE; AMENDING
SECTIONS 40.261 THROUGH 40.264, CODE OF ORDINANCES,
TO PROVIDE FOR A REVISED GENERAL DESCRIPTION AND
SUBMITTAL REQUIREMENTS FOR PLANNED DEVELOPMENT
DISTRICTS; ADDING SUBCATEGORIES OF RESIDENTIAL
PLANNED DEVELOPMENT DISTRICTS; REVISING PERMITTED
AND CONDITIONAL USE REQUIREMENTS FOR PLANNED
DEVELOPMENT DISTRICTS; REPEALING SECTION 40.265,
CODE OF ORDINANCES, RELATING TO CONDITIONAL USES;
REPEALING SECTION 40.267, CODE OF ORDINANCES
RELATING TO DIMENSIONAL AND NUMERICAL REQUIREMENTS
FOR PLANNED DEVELOPMENT DISTRICTS; AMENDING
SECTIONS 43.02, 43.22, AND 43.23, CODE OF ORDINANCES,
TO DELETE REFERENCES TO PLANNED DEVELOPMENTS;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Sections 40.261 through 40.264, Code of Ordinances, are amended to
read:
DIVISION 14. PLANNED DEVELOPMENT DISTRICT (PO)
Sec. 40.261. General description.
The planned development district is created to provide an alternate method of land
development not avail~ble within the framework of the other zoning districts. Specifically,
this zone classification m~y bc ~ssigncd to I::md which is to be developed util~
innovative design techniques not made possible through the structure of the other zoning
districts for the purpose of achieving one or more of the following development objectives:
(1) Preserve or be otherwise sensitive to significant environmental or topographical site
features which exist on the site;
(2) Accommodate a mixture of compatible uses on a single parcel of land made
internally ~nd externally compatible through use limitation~, sign control, building
orientation, buffering, or other techniques which may be appropriate to a particular
development propo~al;
(3) Accommodate ~ juxtapositioning of buildings with exceptional setback or separation
orovisions distances mode internally and externally compatible through strategic site
landscape and spatial design;
(4) Accommodate a comprehensively planned and phased development or
redevelopment project involving multiple o'Nnerships which provides for interrelated uses,
All land assigned this zoning will require concept site plan approval by the city
commission in acoord with the provi~ion~ containcd in chapter 43. Such concept site plan
shall be reviewed by the city commission in conjunction with any application for planned
development district zoning or rezoning and all development shall occur consistent with
that concept stte plan as approved by the commission or as may be subsequently amended
by the development code administrator or city commission in accordance with the
followina provisions. Any amendment involvina increases in intensitv of use (as measured
by residential density or nonresidential floor area ratio), increases in structure heiaht. or
decreases in setbacks, open space. or bufferina as shown on the approved concept plan
shall be approved by the city commission. Other amendments may be considered minor
amendments and may be approved bv the development code administrator. unless
determined bv the code administrator to be appropriate for commission action. The
minimum reauirements for concept plans shall be the same as for preliminary site plans
under chapter 43 or for preliminary plats under chapter 46. or both. as applicable. These
minimum reauirements mav be modified or waived bv the citv commission in eonsiderina
the application for a planned development district: in particular , the requirements for the
specified subcateqories of the residential planned development district may consist of
existina plat or ownership documents.
circulation patterns, lboth vehicular and pedestrian}, building orientations, parking areas,
architectural motifs, signs, open spaces, vistas, amenity areas and like features which
positively contribute to the development or redevelopment area being rcdevelopca and the
city.
Sec. 40.262. Subdistricts.
The planned development district shall comprise the following s* subdistricts.
Subcategories for residential planned development districts are provided for application to
existing single family subdivisions onlv. The prefcrrcd kmd u~c in c3ch subdi~trict is
iffit>licd by thc ~ubdistrict title:
(1) Residential planned development district (RPD):.t Specific subcategories for existing
sinale familv subdivisions or lots may include the following:
SubCateQorv
Dimensional and Numerical Requirements
RPD-A
Maximum density: 1.0 dwelling units per acre: minimum lot
area, width and depth: as platted; setbacks, maximum heiaht,
maximum buildina coverage, and minimum open space shall
meet the dimensional and numerical reauirements of the RS-2
zoninQ district.
RPD-B
Maximum densitv: 2.5 dwelling units per acre: minimum lot
area. width and depth: as platted; setbacks, maximum heiQht,
maximum buildina coverage. and minimum open space shall
meet the dimensional and numerical reauirements of the RS-4
zoninQ district.
RPD-C
Maximum densitv: 2.5 dwellina units per acre: minimum lot
area. width and depth: as platted; setbacks, maximum height.
maximum buildinq coveraae. and minimum open space shall
meet the dimensional and numerical reauirements of the RS-6
zonina district.
2
RPD-E
Maximum densitv: 5.0 dwelling units per acre: minimum lot
area, width and depth: as platted: setbacks, maximum heiaht,
maximum buildinQ coverage. and minimum open space shall
meet the dimensional and numerical reauirements of the RS-8
zoninQ district.
RPD-D
Maximum density: 5.0 dwellinQ units per acre: minimum lot
area, width and depth: as platted: setbacks, maximum heiaht,
maximum building coverage , and minimum open space shall
meet the dimensional and numerical reauirements of the RS-6
zoning district.
Dimensional and Numerical Reauirements
SubCateQorv
(2) Office planned development district (OPD)=.7
(3) Commercial planned development district (CPD)!J~
(4) Industrial planned development district (IPD)=.7
(5) Research, development and office park planned development district (RDPD)=.7
(6) Recreational planned development district (RecPD)J-
(7) Clearwater Beach planned development district (CBPD)!J:"
(8) Public/semipublic planned development district (PSPPD)J-
(9) Urban center planned development district.
Sec. 40.263. Establishment; contraction.
It is intended that four acres or more be provided to establish a new residential,
office, commercial, industrial, research, development and office park, public/semipublic,
urban center or Clearwater Beach planned development district and that 50 acres or more
be provided to establish a recreational planned development district, unless a reduced area
is determined by ordinance be in the public interest. As an exception to the above
Quideline, there shall be no minimum area requirements for the specific subcategories of
the residential planned development district listed in section 40.262(1) above.
Furthermore, it is intended that no existing rc~idcntial, office, commercial, industrial or
Clcon'.l'atcr Beach planned development district be contracted to an area of less than the
above guidelines four acrcs, and that no existing recreational planned development district
be eontroctcd to on orca of Ics~ than 50 ocr03, unless the city commission determines by
ordinance that a reduced area is in the public interest.
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Sec. 40.264. Permitted and conditional uses.
Within each of the subdistricts of the planned development district, only the
following uses may be permitted and all require specific city commission approval in
conjunction with concept site plan approval.::;. In aoprovinQ the uses allowed in any
planned development subdistrict, the citv commission may either waive or require
conditional use approval for one or more of the uses.
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(1) Residential planned development district: Any single or combination of residential
uses identified as permitted or conditional in the residential zoning distriets contained in
this chapter;
(2) Office planned development district: Any single or combination of uses identified as
permitted or conditional in the office or residential zoning districts contained in this
chapter;
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(3) Commercial planned development district: Any single or combination of uses
identified as permitted or conditional in the commercial, office or residential zoning districts
contained in this chapter;
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(4) Industrial planned development district: Any single use or combination of uses
identified as permitted or conditional in the limited industrial district or any commercial
zoning district contained in this chapter;
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(5) Research, development and offiee park planned development district: Any single or
combination of uses identified as permitted or conditional in the research development and
office park zoning district contained in this chapter;
(6) Recreational planned development district: Any single or combination of uses
identified as permitted or conditional in the open space/recreation district, plu~ retail soles
and re~tourants '.vhioh ore intcgrol to and limited in sizo and scope so as to complement
tho recreation uno which they directly serve;
(7) Clearwater Beach planned development district: Any combination of tourist-oriented
hotel, motel, restaurant, retail, service, entertainment and/or office uses.
(8) Public/semipublic planned development district: Any single or combination of uses
identified as permitted or conditional in the urban center district contained in this chapter.
(9) Urban center planned development district: Any single or combination of uses
identified as permitted or conditional in the urban center district contained in this chapter.
Any use proposed for a particular subdistrict of the planned development district
must be clearly and specifically identified on the accompanying concept site plan to be
deemed permitted.
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Section 2. Sections 43.02, 43.22, and 43.23, Code of Ordinances, are amended
to read:
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Sec. 43.02. Approval required.
Site plan approval as set forth in this chapter is required prior to the issuanee of any
building permit for all land uses identified in chapter 40 which pertains to zoning, and no
permitted or conditional use identified in such chapter shall be commenced without first
complying with this section where any of the following exists:
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(6) A pareel of land which is to be developed utilizing 0 planned dmlelopment district
zoning elossification.
iQlffi A parcel of land, irrespective of size, where, due to the unique characteristies of the
land, surrounding uses, proposed use or other features of the development, the city
manager determines it to be in the interest of the public health, safety or welfare that such
project be subject to the site plan review process.
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Sec. 43.22. Procedures.
Those developments subject to site plan review as identified in section 43.02 shall
be processed in the following manner:
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(2) Final site plan.
(d) Any final site plan which involves a transfer of development rights or the
o:Jsignmcnt of 0 planned dcvclopmGnt di~triet zoning ela~~ifioation, or which involves a
project that the city commission determined to be inappropriate for administrative
approval, shall be acted upon by the city commission. Accordingly, the city commission
shall review and evaluate the final site plan with specifie regard to both the design
guidelines contained in section 43.24 and the advisory recommendation of the
development review committee. The City commission shall approve, approve with
conditions or deny the final site plan. In the alternative, the commission may, for the
purpose of allowing the applicant an opportunity to address unresolved issues, continue
consideration of the final site plan. If a final site plan is denied, the reasons for the denial
shall be noted.
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Sec. 43.23. Integration of other review procedures.
Any development involving the following related provisions of this Code shall be
coordinated as set forth below:
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(1) PI~nncd devclopment distriot site pions. Propertie:J whioh arc propo~ed to bc
assigncd 0 planned development district zoning classification sholl hove available for
review at 011 public hearings held in consideration of such zoning 0 oOPY of the final site
plan. Prior to any sueh public hearing, thc final ~ite plan sholl be revie'Nod by the
dO'Jclopment rcvicw committee, which sholl make 0 finding with re~pcct to the
satisfaetory applioation of the dosign guidelines and sholl formulate Q reoommendation for
the eity commission. Thc oity commission shall hove thc authority to toko final action on
tho site plan.
illt2+ Variances. Those developments requiring a variance from any applicable regulation
of this code in conjunction with site plan review shall have the preliminary site plan acted
upon by the city commission prior to consideration of the variance by the development
code adjustment board. The final site plan shall be submitted to the development review
5.
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committee only upon approval of the variance.
illtat Subdivision plats. Those developments requiring a subdivision plat shall have the
preliminary subdivision plat scheduled for review in concert with the final site plan.
QH4t Conditional uses. Those developments requiring conditional use approval shall be
submitted to the planning and zoning board and the conditional use shall be approved prior
to the submission of the final site plan to the development review committee.
Section 3. Sections 40.265 and 40.267, Code of Ordinances, are hereby repealed.
Section 4. The provisions of this ordinance have been found to be consistent with
the City of Clearwater Comprehensive Plan.
Section 5. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Approved as to form and correctness:
M. A. Galbraith, Jr.
City Attorney
PlN\plndev.ORD
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Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date:
~7.
II/I??
SUBJECT:
Preliminary site plan, First Evangelical Lutheran Church; located at 1644 Nursery Road; Richard Howard
(Owner); Steven Baumann (Representative)
(PSP 93-1 2)
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RECOMM EN DA TION/MOTI ON:
Receive the preliminary site plan for the First Evangelical Lutheran Church and authorize the Development
Review Committee to approve a final site plan subject to the conditions listed on page two.
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[] and that the appropriate officials be authorized to execute same.
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BACKGROUND:
The applicant proposes to expand the Church's school facility by adding an 8,147 sq. ft., one story
building to be used for school classrooms. The applicant also proposes to pave an additional 3,240 sq.
ft. of vehicular use area, a new driveway on Nursery Road, and 5,600 sq. ft. of new interior sidewalk
area. The proposed expansion is greater than 25 percent of the existing gross floor area, thus requiring
full site plan review.
The property has a Future Land Use Plan classification of Institutional (I), and a Public/Semi-Public (P/SP)
zoning designation.
With regard to the City's Concurrency Management Ordinance, the expansion of the existing school
facility will not create a significant increase in average daily or peak hour trips.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
N/A
N/A
N/A
~
N/A
Originating Dept:
CENTRAL
COltS:
$ NfA
Total
Commislion Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
TTING
User Dept:
$
Current Fiscal Yr.
- t5"
Advertised:
Date:
Paper:
r8I Not Requi red
Affected Partiel
o Notified
r8I Not Requi red
Funding Source:
o Capital Imp.
o Operating
o other
Attach~ents:
APPLI CATION
MAP
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Appropriation Codo:
o None
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PSP 93-12
Page 2
SURROUNDING LAND USES
NORTH: Residential
SOUTH: Residential
EAST: Residential
WEST: Residential
ACCESS: Nursery Road
PARKING: On-site parking
DRAINAGE: SWFWMD design standards and City of Clearwater storm water design standards
UTILITIES: All essential services are provided by the City of Clearwater
CONCURRENCY: De minimis
PRELIMINARY RECOMMENDED CONDITIONS:
1. Signs and fencing/walls are subject to separate review and permitting processes.
2. The requisite building permits must be procured within one (1) year from the date of certification
of the final site plan and all requisites certificates of occupancy must be obtained within three (3)
years of the date of certification of the site plan.
3. Applicant shall, on the preliminary and final site plan, show all protected trees by size, species, . '
and location.
5. Prior to issuance of a building permit, applicant shall provide to Environmental Management and
Engineering an approved copy of all necessary local, state and federal permits that may be
required.
4. Prior to the issuance of a building permit, applicant shall acquire a clearing and grubbing permit
and a tree removal permit (or a no tree verification form) from Environmental Manaqement.
6. Prior to certification, the site plan must reflect the use of raised curbs or protective timbers where
interior landscaped areas abut pavement.
7. Mean or Natural High Water Elevations and Seasonal High Water Elevations are required to be
shown on the preliminary and final site plan in the form of a cross-section detail for all activities
that may potentially impact on-site surface water systems. Soil type and soil boring data shall
also be submitted in the area of planned detention or retention storage ponds along. with I
calculated percolation rates. ":1
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CITY OF CLEARWATER - Department of Planning & Development
City Hall Annex, 10 So. Missouri Ave., P.O. Box 4748
Clearwater, FL 34618-4748
Telephone: (813) 462-6880 (Fax 462-6641)
APPliCATION FOR SITE PlAN REVIEW
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Applicant (Owner of Record): First Ev. Lutheran.Church
Address: 1644 Nursery Road
Representative: Steve Baumann
Add 1327 Dickenson Drive
ress:
Arthur R. Patek
/ Preparer of Plan: Northside Engineering
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Address: 2907 ,State Road 590, Suite 7.
Telephone:' ( 813) 725-3883
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litle of Proposed Site Plan/Project:
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City:
Phone: ( 813
Clearwater State: FL
Telephone: ( 813
Clearwater State: FL
447-4504
Zip: 34616
) 595-8915
Zip: 34624
City:
Engineer
State: FL
Professional Title:
Clearwater
Zip: 34619
City:
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~;: .Parcel Number: 23 I 29S/ 15E/ I
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, General location of Property: 1644 Nurse ry
Nursery Road
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First Lutheran Scho6l Expan~i6ri .
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Road, Clearwater, Florida. Located on
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between Lake Avenue and Duncan Avenue.
land Use Plan Classification: Public/Semi-Public
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Church/School
City Ordinance No.3 128-83 and No.3 129-83 require a parks and recreation impact fee to be paid for all nonresidential projects
over 1 acre in size and all residential developments. Has this property complied with these ordinances? t\J() If yes, explain how
'and when: .
Assessed just value of property (attach verification): $1 J 375 J 700 .00
Most recent sales price (attach verification): N/ A
Purchase of ~roperty was
As of (date): in 'the'~1950's.
Fee for Site Plan Review:
1. Base charge for each site plan .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $790 plus
(a) For each acre or fraction thereof ...................................... $55
2. Revalidation of a certified site plan . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . .$150
3. Site plan amendment (after certification) ............... _ . . . . . . . . . . . . . . . . . . . . . . . $ 1 50
The applicant, by filing this application agrees he/she wilt comply
o of the City's Land Development Code.
Signature. .
-If the application is signed by an individual other than the property owner (e.g. the representative), please attach a statement
signed by the property owner authorizing this individual to sign the application.
NOTES:
1) THE SITE PLANS MUST BE DRAWN WITH THE NORTH ARROW TO THE TOP OF THE PAGE.
2) THE SITE PlANS MUST BE FOLDED TO NO LARGER THAN 9" x 12".
, -
3) IT IS RECOMMENDED THE SITE PLANS SUBMITTED BE LIMITED TO ONE PAGE.
Rev. 3/92
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Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date:
~~. l(ll~
SUBJECT:
Preliminary site plan, Dosatron International, Inc.; located 2090 Sunnydale Boulevard, Clearwater
Industrial Park; Sunshine Properties, Eddy Kelly (Owner); Northside Engineering Services, Inc.
(Representative)
(PSP 93-16)
RECOMMENDA TION/MOTION:
Receive the preliminary site plan for Dosatron International, Inc. and authorize the Development Review
Committee to approve the final site plan subject to the preliminary conditions listed on page two.
[] and that the appropriate officials be authorized to execute same.
BACKGROUND:
The applicant proposes to expand an existing 5,000 sq. ft. building to add 14,750 sq. ft. (for a total of
19,750 sq. ft.) for a warehouse/manufacturing use, specifically, the manufacturing of fertilizer injectors
and appurtenances. The construction is proposed to be built in three phases with associated parking.
This site is located in the Clearwater Industrial Park and is subject to the Clearwater Industrial Park Deed
Restrictions which contain more stringent setback requirements than the City zoning requirements; the
deed restriction requirements have been met on this plan.
The subject property is in the process of being annexed into the City, with second reading scheduled
for November 8, 1993. The zoning of the property is changing from the Pinellas County designation of
Light Manufacturing and Industry (M-1) to the City's zoning designation of Limited Industrial (lL). The
Future Land Use Plan classification is Industrial.
The proposed manufacturing/warehousing land use will be de minimis with regard to the City's
Concurrency Management Ordinance.
Crossing the site is an existing 33 ft. right-of-way for a proposed street that was never constructed, and
there is an existing 1 6 inch water main located within this right-of-way. The City Engineer has
determined that a maximum of eight feet may be vacated upon the request of the applicant and final
Reviewed by:
legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
N/A
N/A
N/A
jfg
~ n.-
~
Originating Dept:
CENTRAL PERMITTING
COltS:
. N/A
Total
Commitsion Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
$
Current Fiscal Yr.
User Dept:
.0;0.....
(0' \)
Advertised:
Date:
Paper:
IllI Not Requi red
Affected Partlel
D Notified
IllI Not Required
Funding Source:
o Capi tal Imp.
o Operat i ng
o Other
Attachmenta:
APPLICATION
MAP
~r~"/
I '.i~y ~~~ _,_
~ Printod on recycled paper
Appropriation Code:
o None
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PSP 93-16
Page 2
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approval of the City Commission. This site plan will not be certified until this vacation request is
approved by the City Commission.
SURROUNDING LAND USES
NORTH: Industrial
SOUTH: Industrial
EAST: Industrial
WEST: Industrial
I
,,', :,1
ACCESS: Sunnydale Boulevard
PARKING: On-site parking
DRAINAGE: SWFWMD design standards and the City of Clearwater stormwater design criteria
UTILITIES: All essential services provided by the City of Clearwater
CONCURRENCY: De minimis
PRELIMINARY CONDITIONS:
1. Signs and fencing/walls are subject to separate review and permitting processes.
2. The requisite building permits must be procured within one (1) year from the date of certification
of the final site plan and all requisites certificates of occupancy must be obtained within three (3)
years of the date of certification of the site plan.
3. The dates and conditions for approval by the Planning and Zoning Board for conditional use
approval and the Development Code Adjustment Board for variance approval shall be provided on
the preliminary plat/site plan prior to certification.
4. Prior to certification, the Dumpster Requirement Form must be completed and returned to the City
Sanitation Department.
5. Prior to the issuance of a certificate of occupancy, the dumpster/compactor must be visually
screened, and gates must be provided with a minimum 12-foot clear opening to, the front for
access by Sanitation trucks.
6. Prior to certification, a copy of the SWFWMD permit application is to be provided to Engineering
Site Plan Review.
7. Prior to the issuance of a building permit, a copy of the approved SWFWMD permit is to be '
provided to Engineering Site Plan Review.
8. Prior to certification, the final site plan must be signed and sealed by a Professional
Engineer registered in the State of Florida.
9. Backflow prevention devices must be installed by the City with applicable fees being paid by the
owner.
10. Prior to the issuance of a building permit, a Landscape Plan in compliance with the Land
Development Code requirement shall be submitted for approval by the Environmental Management
Group.
11. The site plan shall not be certified until the requisite right-of-way vacation request has been
approved by the City Commission.
__~_. ........ _" .....v~Olllltl.:tll Ul I HH 11111 IY c.t LJl:Wetuplllelll
City'Uall Annex, 10 So. Missouri Ave., P.O. Box 4748
Clearwater, FL 34618.4748
Telephone: (813) 462-6880 (Fax 462-6641)
. '1
APPLICATION FOR SITE PLAN REVIEW
Applicant (O":""ncr of Rccord): Sunshine properties Phone: (813 ) 443-54.04
Address: 2090 Su.nnvdale Boulevard City: Clearwater State: FL Zip: 34925
Representative: NI A Telephone: { }
.:..
Address: N / A Ci\)': State: Zip:
Preparer of Pfan: Northside Engineering Services Professional Title: Civil Engineering Company
Address: 2907 State Road 590, Suite 7 City: Clearwater State: FL Zip: 34619
Telephone: ( 813) 725 -3883
Title of Proposed Site Plan/Project: Dosatron International Ine.
Parcel Number: I
/
I
General Location of Property:
I I
$uNNIOb,LE
Zoning:yi ~ I ((' 1)U t-.\l '\ ') :J L (C 11" '{ J P 12 (}e~ .sFi)) land Use Plan Classification:
Existing Use of Property: W 6fl-'- !!g",--S f:. I I\f b.~U fp.c, .
,
Proposed Use of Proper\)': Wt;:,tz( Uo",:-) [ J f\1 t:>N W F p..C-.
If variances and/or conditional uses are involved. explain (if more space required attach separate sheet):
-
City Ordinance No. 3128-83 and No. 3129-B3 require a parks and recreation impact fee to be paid for all nonresidential projects
over 1 acre in size and all residential developments. Has this property complied with these ordinances? If yes, explain how
and when:
Assessed just value of property (attach verification):
Most recent sales price (attach verification):
As of (date):
Fee for Site Plan Review:
1. Base charge for each site plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $790 plus
(a) For each acre or fraction thereof ...................................... $55
2. Revalidation of a certified site plan '.' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 50
3. Site plan amendment (after certification) ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150
The applicant. by filing this application agrees he/she will comply with Section 137.010 of the City's land Development Code.
Signature. :
Eddy Kelly
er le.g. the representative), please attach a statement
NOTES:
, ) THE SITE PlANS MUST BE ORA WN
2) TJ-IE SITE PlANS MUST BE FOLDED
3) IT IS RECOMMENDED TI.IE SITE P
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TOP OF
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SEE AGENDA DRAWINGS
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A G R E E MEN T
THIS AGREEMENT, made and entered into this day of
, 19 , by and between Nicholas Alexiades and
crystal Alexiades, his wife of 1654 Owen Drive I Clearwater, Florida
34619 , hereinafter referred to as "owner, II and the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to
as "cityjll
WIT N E SSE T H :
WHEREAS, the Owner presently owns the real property described
herein, and has requested that the city install a sanitary sewer line
and facility to make sanitary sewer service available to serve the
property and that the Owner be permitted to tap into the sanitary sewer
line upon installation; and .
WHEREAS, the Owner is agreeable to have the city of Clearwater
complete said special improvement and upon completion thereof to have
the City immediately file a lien against the property in the amount of
their pro rata share of the cost of installation of the sanitary sewer
line and facility; and
WHEREAS, the City is willing to install the sanitary sewer line
and facility to serve the property under certain conditions;
NOW, THEREFORE, in consideration of the foregoing premises and
other good and valuable considerations, the parties hereto agree as
follows:
1. The Owner agrees that the City may immediately commence and
complete the installation of a sanitary sewer line and facility to
serve the real property owned by them, legally described as follows:
The South 60.0 feet of
10.0 feet of Lot
SUbdivision according
thereof as recorded in
70 , Public Records
Florida.
Lot 18 and the North
17, orange Blossom
to the map or plat
Plat Book 51, page
of Pinellas County,
Known as: 1654 Owen Drive
Clearwater, Florida 34619,
and that upon completion of said work that the city may immediately
file a lien against the real property in the amount of $700.00 which
is the Owner's pro rata share of the installation of the sanitary sewer
line and facility. said lien shall provide that it may be paid in ten
equal annual payments in the office of the city Clerk with interest at
the rate of 8% per annum from the date of the lien until paid and in
case of default in the payment of said minimum annual payments,
together with the interest thereon, that the city may take immediate
steps to enforce said lien by foreclosure or other proceedings. Said
lien shall also provide that if the city is required to enforce the
collection thereof by foreclosure or other proceedings, that the Owner
shall be responsible for the payment of legal fees and all costs of
said proceedings.
2. The Owner by this Agreement specifically grants unto the city
of Clearwater a lien in the amount set forth in Paragraph 1 above,
which is the Owner I s pro rata share for the installation of the
sanitary sewer line and facility against the above described real
property and waives all requirements for and entitlement to the conduct
of and notice of any public hearing by the city of Clearwater for a
special improvement assessment against their property for the
installation of said sanitary sewer line and facility. The Owner
further agrees upon the request of the City to execute all additional
instruments, if any, which may be required to formally grant unto the
city a lien against their described real property.
3. The city agrees to permit the Owner upon the completion of
said installation to connect to the sanitary sewer line under the same
conditions as other owners are permitted to do so.
4. This agreement shall be binding upon the heirs, administra-
tors, personal representatives, successors and assigns of the parties
hereto and a copy thereof may be immediately recorded in the Public
Records of Pinellas county, Florida, by the city so as to serve as
notice thereof to all other persons.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the date first above written. .
~,
~; ~~ A!'k~ ~
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WITNESS (I ,
'1S<~'1,4. Bu:-'. ~.E(N
Witness Printed Signature
1654 Owen Drive
Clearwater, Florida
34619
'><fJ,.RA-~2 ~ Ak!-{l'-V-~~:
WtTNESS ~ f7L7
'lSQ('~ ( L_ ts ( oQ ~ .l't Q ( ^)
Witnes~ Printed Signature
{!/t,y.Aif~ {L~/~L~,
Cpystal Alexiades
1654 Owen Drive
Clearwater, Florida 34619
STATE OF FLORIDA
COUNTY OF PINELLAS
Tpe foregoing instrument was acknowledged before me this I~~ day
of DcilJ~ , 19 "13 by Nicholas Alexiades and Crystal Alexiades, HIS
WIFE, who is personally known to me or who has
produced-P/l.^'S,(pNI'lI/1 ~()"~ as identifi ~on and who ( )did ( )did
not take an oath. .' ~
"
Sign
, AcJTI10NVJ ELC=IN,
Type/print/stamp name-pf acknowledger
, r ANltiONY ELGIN
Notery Public, Sllllll of Flor:';i1
MV comm. explro. Mar. 17, 1991
Comm. No. CC 268275
serial No., if any
No--rJ\J"lYj {'vB Lic.
Title or rank, and
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Rita Garvey
Mayor-commissioner
Michael J. Wright
city Manager
ATTEST:
Approved as to form
and correctness:
cynthia E. Goudeau
city Clerk
M.A. Galbraith, Jr.
city Attorney
Page 3 of Agreement between the CITY OF CLEARWATER, FLORIDA, and
Nicholas Alexiades and Crystal Alexiades, HIS WIFE bearing the date of
, 1993 regarding sanitary sewer for the South 60.0 of
Lot 18 and the North 10.0 of Lot 17, Orange Blossom SUbdivision.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Rita Garvey, the
Mayor-commissioner of the City of Clearwater, Florida, to me well known
to be the person who executed the foregoing instrument and acknowledged
the execution thereof to be her free act and deed for the use and
purposes herein set forth.
WITNESS my hand and orficial seal this
day of
19
Notary Public
Print/Type Name:
My Commission Expires:
(include Commission No.
STATE OF FLORIDA )
COUNTY OF PXNELLAS )
BEFORE ME, the undersigned, personally appeared Michael J. Wright,
the city Manager of the city of Clearwater, Florida, to me well known
to be the person who executed the foregoing instrument and acknowledged
the execution thereof to be his free act and deed for the use and
purposes herein set forth.
WITNESS my hand and official seal this
day of
19
Notary Public
~
Print/type name:
My Commission Expires:
(include Commission No.
I
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Annual Operating Savings
Gained By Consolidation To One Location
a.c.~ 1\('~17~ # ~O
~
If operations and employees in the City Hall, City Hall Annex, Utility Customer Support and the
Graphics and Purchasing facilities are consolidated into one building, there are some specific operational
costs could be saved on an annual basis and are detailed below.
Telecom m unications:
Data Lines
Fire and Burglar Alarms
Telephone Lines
$ 5,200
1,200
8,900
Car Pool (reduction of 3 sedans)
7,200
*Electric Power Billing:
A consolidated City Hall would allow the
city to take advantage of the interruptible
service rate. A gas driven 1200 KV A
generator costs approximately $270,000
and generates $70,000 in Savings. Using
15 years for the generator life, annual
savings would be $70,000 - $18,000 =
52,000.
52,000
Net Operations Savings from Utilities
Building, City Hall and City Hall Annex
53,870
Copy Costs:
Use of high speed duplicator in lieu
of smaller, departmental copiers.
40,000
U~ility Costs:
Reduction in lawn watering
Reduction in Solid Waste Pickup
18,000
9,000
CIS Reduction:
Modem Maintenance
Use of E Mail
(Reduction of 2 mail deliveries per day)
2,520
15,965
TOTAL ANNUAL SAVINGS
$213.790
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Customer Service Benefits ~t. '& "I' t/lf.3 tF i30
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There are some specific cost savings for consolidating city business to one location. These include annual
savings of $213,790.
As the City's growth slows and other demands for operating monies increase, it becomes necessary to
look at ways to reduce operating cost while keeping service at a high level. Therefore, services must
be continually reviewed to provide better and more efficient ways of doing business. The consolidation
savings in annual operating expenses resulting from consolidation and the avoided capital costs 0
$907,000 are part of this efficiency review. These quantifiable savings will help maintain the current taxi
rate without reducing services. I
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The nonquantifiable benefits are not to be ignored and include:
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(3)
(4)
(5)
The ability of1he Clearwater citizen to conduct business at one location;
The increase in employee productivity due to improved working conditions;
Improved communications between departments;
The ability to reorganize can help consolidate tasks, i.e. eentral cashiering; and
The ability for a handicapped worker to easily access city work sites.
In this age 'of customer service where citizens expect excellent service, the one-stop City Hall that i
handicapped accessible, covered parking, and insulated walls for privacy, when needed, will add to ou
overall commitment to quality service for Clearwater residents.
One-Time Capital Requirements
There are a number of identifiable one time cOsts that can be avoided if the Sun Bank building is
acquired. Those savings are detailed below.
I,
"
Immediate:
City Hall Annex Roof
City Hall AIC control replacement
City Hall Annex AIC replacement
Utilities Ale replacement
$238,000
165,000
285,000
62.000
I '
I '
i
Sub-Total
$750,000
Intermediate:
Utilities Building Roof replacement
Network Link Phase I and II CIS
(A one time capital cost will be avoided if
departments are consolidated in one building)
$ 57,000
100.00Q
Sub- Total
$157,000
POTENTIAL CAPITAL SAVINGS
~907 .000
-7-
Item #
CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
~i1.
Heel f ng 0;;/1 t
SUBJECT:
Sanitary Sewer Extension, Irving Avenue
RECOMMENDATION/MOTION: Award a construction contract to Kamminga & Roodvoets,
Inc. of Tampa, Florida for the installation of a sanitary sewer main in Irving
Avenue, in the amount of $68,920.00, in accordance vlith City Code Sec. 2.564(d),
other governmental bid
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
The purpose of this contract is to provide for the extension of sanitary sewers
in Irving Avenue from Penny Lane to Emerald Drive. Residents along Irving Avenue
have requested that the City of Clearwater extend sanitary sewer services to
their residences - all of which are in Pinellas County outside of Clearwater.
Many of the residents who live in this block are experiencing septic tank
problems and are desirous of receiving sanitary sewer service from the City of
Clearwater. Since it is the policy of the City to require the extension of sewer
lines to be accomplished by the recipient of the service - usually a SUbdivision
or shopping center developer, in the case of a residential neighborhood a
difficulty arises when not all the homeowners are willing to participate in the
project.
Because not everyone of the block's twenty-two residents will take part in the
initial construction, and will annex and pay their fees only as required by law
or circumstance, those who are willing to take part will necessarily have to pay
the non-participant's share as well as their own. They are generally unwilling
to do this and nothing will happen in that case.
The city has, on several similar occasions in the past, taken the role of the
extendor and, at its expense, installed the lines into County areas - when 51%
of the owners annex (or agree to annex) and pay all fees including a front
footage proportion of the construction costs - believing that those who do not
immediately participate will do so soon enough to warrant the investment. This
is different from the official assessment procedure outside the corporate limits
in that under this arrangement an assessment is not levied until the owner
actually connects to the line, whereas, in the formal assessment procedure all
costs are due upon completion of construction , notwithstanding whether the
resident connects.
(continued)
Reviewed by:
lega l N/A
Budget 'N-
purchas i ng ~\
Risk Mgmt_ N/A
DIS N/A
I
I Originating D~t_
Ipublic ~orks/Engineering
Costs: $68.920.00
(Current FY) $68.920.00
Caamission Action
User Dept_
Publ ic ~orks wcJkl
Advertised:
Funding Source:
Approved
Approved
w/conditions _____
Denied
Date:
t
I
I
. I
Capt. Imp. X
Operating
Other
Cont'd to
ACM
N/A
N/A
,.;~ ~
Paper:
Not required N/A
Affected parties
notified
Appropriation Code(s)
Attachments:
Purchase Order Contract
Construction Plans
Other
Irving ,"On
315-96630-563800-535-000
Not required N/A
,.' .
.j ,'..
"
P~q~ 2 oontinued:
Sanitary Sewer Extension, Irving Avenue
This arrangement promotes annexation into Clearwater, while solving a public
health problem. The downside is the City's risk of having put money into the
ground and waiting an extended period of time to recover the investment.
Kamminga & Roodvoets, Inc. is the present holder of the low bid, annual, sanitary
sewer contract with Pinellas County. We will piggy-back the county in that the
unit prices for this work are from that contract. The contractor will be allowed
60 days to accomplish the work and will begin within 30 days of a notice to
proceed. While this action awards the contract for the work, the contract will
not be executed unless 51% of the adjacent owners actually execute agreements to
annex and pay all appropriate fees as well as the construction costs associated
with their property within thirty days of this approval. 55% of the homeowners
have indicated a willingness to do so. The contractor is aware of the dependency
of the contract's execution upon the collection of the funds.
The available balance of $489,645 as of October 20, 1993, in the sanitary Sewer
Extensions capital improvement project is sufficient to fund this contract.
PJ/64t:109
ARlN";"l, ~'
,
,
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j
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./'
. ,
.,W
.., .~ .'
I .
/'
f1NJL~S CQU~r1 S~WER ~~STEM
~ORrH rINe~L6~ .aOUNTY S~~vtCE ^8EA
ANW.lA.L._llEliA.BlkUAIION,..-ilW EX11rlS I o liS A..M.D
,IFLU~tl1 ~r5j~M ,XI~HSIONS CO~I~C1
N....l
:U;C1ION a
SEW~R ~X't}Ui~UQNS
r T .~"~'''_''1''<4'''U''__'
ESTIMATED UNIT
a.cR1PTI.ON QUANTIIY , VIi l '1: flU C& .~1'
, P'urn ish and In.t.ll 10" D. I .
Gravi ty SttweJ:' $~ $._ ...___.~~~tQ~
a, t)' .. 6 I depth 10 L.P',
b. 6' ,... 8 I depth to L,r. $ .----. $ . " ... af.O.,oo
c. R I -10' depth 10 L,F. $~ .t _.__. _.!:lao...co
d. 10' ...12' depth to L.F. $.~ $ -. ,,_. -~~.J<<>
e. L2 ' ...14' depth to L.F. $~ $-_..~.
f. 14. ...16' depth to L.F. $~ $ ,~qo,DQ.
S. 16' -18' depth LO L.F. $ .'" WJ .W $ _.... ,~wJQJX)
Furni.h and In,tall 10"
C~900 ,PVC Gravity Sewer $~ rif(>~Ot;?..
a. 0' .. 6' depth 10 L.F. $ -
b. 6' - 8' depth 10 L,F. $ ~lm $_ .,.-._..~~.
c. 8' -10' depth 10 L,F. :-- ,~~ $1..._.....". . I.~.
d. 10' ...12.' depth 10 L.F, $ ".'..... ...Jl::tD,.W
e. 12 ' ..14' depth 10 L,P'. $ .M.~ $ ----~.
f. 14 I -16 ' depth 10 J....P'. $~ $-~.
Furnish and In.tall 10"
0-3034 PVO Gravity Sewer $~ $~ ~m
a. 0' .. 6' depth 10 L.F.
b. 6 ' ... 8' depth 10 L.F. $ -B $---~.
c. 8' -10' depth 10 L,F. (, $_._ a.,a;.
d, 10' -12' dopth 10 L,F. $~ $ _. __,....i4tQ,.~
'Furni8h and lost.11 8" P.I.
Gravity Sewer ..~
e. 0' - 6' depth 10 L,P'. $ .-__.il2J.tc $,. .... "'. ,J.tJP..f;>O
b. 61 - 8' depth 10 L.F. $---~ $ .._..,.... . ..4.~ o. c.o
c. 81 ...10' depth 10 L. P't $ _.... ...ct:> $, '. ~ Q,Q:)
d, 10' -12' dttpth \0 L,F. $_.~ $ ......, ...JaQJ~
ft. 12' -14' depth 10 L.F, $-~~. $.......... ~,ec
f. 1 L, I -16' d~pth 10 L,f!'I $ . ' $.... ~~I,to
g- lb' -18' depth \0 L;r. $ ~ ~ ..'...... .. c,. CO
"
a...8
........~,..,.,-:,...:..\i."'\f~JI, ,...~~~ t'J~.,tI_~~ ~::'.~~.'~,i\1.'."H".~~':~~~"~ln...._~1'.,~~f.~;_ ';";l~~'.,J:~"~~~fI : ,...... '"'''}~.:.1 " . ,I t;~"~\' "
. I
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~tMt~LAS ~OYNT~ ~~R SYp,IiM
NQ~A>> P1NZ~LA&-QQUNIr SEB~I~e A8SA
~UAL.. REHAaILl1AIION. 12~\iE~ ~,XI~NSIO~S ,i\l'{O
E{FkUENT S~SI~~.~xrENSIQ~S CQNl~ACI
N-l
. ,. -., ~ 'f. ~_.~....
..(
~..
..W
'..
..
,
.
I
6,JCIIPN ~
~
lQIj
ESTIMATED
QUAlII4I.~
V] ~ 1"
r. I
Furnish and Install 8"
0-900 PVC Gr4vi~y 8$wer
a. 0' - 6' depth '.
b. 6' - at depth
c, 8' ~lor dopth
d, lOt -12' depth
.. 12' -14' dopth
Furnish ~nd In.tall 8"
D~3034 PVC G~avitr S4wer
a. 0' - 6' depth
b: 6' M 8' depth
o. 8' ~lO' depth
d. 10' -12' depth
Furnish and foetall 6"
C-900PVC Gravity Sewer
a. 0' - 6' depth
b. 61 - 8' depth
rurn!"h end Install 6"
D-3034 PVO Gravity,Sewer
8. 0' - 61 depth
b~ 6' - 8' depth
Furnish and In.tall
Voree Main
",. '12" 0, 1. P .
b. l2" P.V.C.
C;. 1011 b. I . P.
d. 10" P. V . C .
e, 811 D.I.P.
f . 8" P, V Ie.
8. 6" O.I.P.
I h. 6" P. V ,0.
L 4"D.I.P.
j., I~" P,V.C.
10
10
10
10
10
L,F.
t,P'.
L,F.
L,t,
LIF.
10
10
to
10
L,F.
L.'.
L, F.
L,F.
.
, ..~
.. _........t......__...~.,.,,..-.. ..
UNIT
, PRtc~
..._...AM.Q.Vl'l.l'.. ........
$ ~ $ .__ ..._,..)J"D,tCO
$ . il!hQ(> ~_.. ...._.~WJ..~
t_.....M~~ iL... ,.~~"Q
:$ 1 ~ $ --.., ...-i1:QI.,.Q()
$~ $_..,..,.._J~~"Q()
:--~
$,~
$_.....R1l~
$..._,. .... .~~~,.~
$ .....~._....~PtRQ
$.__...~,.~
$ . .. . . ~'1P..OO
10
to
L,F, $~ $_~
L.F. $~ $__~Lf4ro
10
10
L. Y. $ -----1.!U:O $ _.
L.Ft $~ $
~~
10
to
10
10
LO
10
10
\0
If)
10
L.F.
L.F.
L,F.
L,F.
L,P'.
L,F.
L.F.
LIF.
L,f.
L,f.
Furnish and Install Do~tile
Iron !~ttin8' with Reaction
Blocke Ot' Joint\ Reitrcsints
1
TON
8...9
J/641.110
R/N-l'
$ a~ $_~.
$_ ~ $........... ..,C>/l '
$ ~~~ $ ........-...-. ..
$==:B $ _r.. ._.~CQ,.Cf).,
S' $ -_........J9.0J.QQ.
$ t. $ .,....... ..I.8.P..,OO
$ 1~J20 $.. .. 1'10. CO
$ llt,.<<>, $......, .I"C>,~
$ .___1.5."'" $ .... .. ... 1.$0.00
$ 4~L.~ $ ".... ,/~"IC'(>
-
$ ~~f~ $.n.~~Q:pt~
G)
.:':"'~If.""U_I\""""~I:':L.~:,~,,,,'r::;!.~ n..r:..- '..- ..v..... ". ~~..\-,,~ .... \"'__.'Vi04~.l\r.;...t.\::!~M...'1",,".y...t:.,.. :6-::./""...i..~....'1,,,,,,~',"r.""~,,~,, ."'" ."ii~:.'i,:'.a'~'.u..'"~,,,,";'..._.. r~.,t 'II. ....I,t'.t. .\ ........:.;"". "'KJ'~" ",.
,.' W
lIN~~LAS COYNT~ SE~~~ ~Y$I~M
NQRTH Pl~~L~^~,~OUNT~ S~RV.CE A$E~
~~~~ &en6~~~ItAIlQ~t SEWE~ E~I~NSIONS AND
~rrLVE~t ~Yst~~ ~~TENS~ONS CONIBACT
N...l
s~aTIO~ Ii
~ EgTiNSIQNS
r
j
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,
. "
"
/
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..."
1:.1
Furni.h and Install Oat~
Valv~ And 80x
B. 12"
b. 10"
c. a tI
d. 6"
., . 4 'I
Furniah and Install Air
R$lea.e V41ve &n~ !ncloeur~
Furnish and Inital1 Manholes
4. 4' Standard
b. 4' Drop
c. Extr. Depth Over 4'
,( non...drop )
d. Extra Depth Over 4'
,(drop)
I. Spoofsl FiborJ1A88 Lined
rurniQh and Iostall
Unit.
a. lOti x 6" D. I.P.
b. 10" X 6/1 P.V.C.
C. 10" )f 4" D.1.1>>,
d. 10" K 4" P.V.C.
e, 8" x 6" D.r.
E. 8")( 6" ~.V.C.
S. 8")( 4/1 1.>.1.
h. ~" x 4'1 P.V.C.
1. 6")( 4" P.V.C.
Wye
"
Furnish and Install S~tvioe
Pipe
'& I 6" D. I.
b 6" P.V.c.
c. 4" 0.1.
d. 4" P,V.C.
Furnieh and fnetall
Adapters
a~ a". D.!. to P.V.C.
II, J
ESTIMATED
. QUANT I lJ.
UZ:H ';
II ........~.._~........t..
UNIT
fIUCE...
. .....WQ.1lIff.. ... .
1
1
1
1
1
eA. $ ~~Q.~ $ wI"'/)/).
~A.. $ ~~~ct) $ ...._._..".. ~..CI)
EA. . $~..a.ca $......"......... OC".()Q
EA, $ JcQJeo $ I ._. ,lCC
EA. $~ $, .~.
EA, $~ $__~Q.Q
EA. $~~ $. u.9.~.l~.,
~A, $--lt~'l?.QQ $....-lt~~...
v . F. $ loa1t:O $____J~.,QQ...
V,f, $ l~fX? $__..ta~.~.
gA, $~ $--J.t~&O_,
1
1
1
t
1
1
1
1
1
1
t
1
1
1
L
EA.
EA,
EA.
EA.
EA.
EA.
EA.
EA.
EA.
$ ~@ $--. ~&Q.
$, , J~ACP $ ~ .,,~,.ca.
$ ~50. aP $ . -.gDtC{)
$ II ,-po. t\? $...- J~.ro
$ I ~ $..__..~~~gg
$~~~~, ~ ,--' ..
$ . ~,,~ $, ~,~.
$~ $ ._........B.~t:a-.
$.._ IJIL~ $_...-. .. ').o.eo
$ .~_~t<<t
$=Ii
$ .
$ j.Q2
,.
$ --..,..~. .~.$c"CO
$___-.,ux;lca .
* '_._.... ,..I.ia, cc
$ ......_.......I..6Q.I. (;0..
10
10
10
10
L,F.
L,F.
L,F,
L.F.
~~ *--.,.........,. ~~d.;a.
.,~. ',':..~!.::'~...~~_........- ..dl J.'~~"~.~MJ~.J.._....-v,,~.df~!T......~ 1 ..',..mrll~~.J,,,~J ._n ~j:.!l',!.~~.;)bIU.....W~...~/,~ , 'V;'
1
EA, $
B..10
....
@
. ~ l t,
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,..
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,;
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'r.lliE~LAS CQ~NTY ~J!\1ER Ua'rEM
ijQBAH PIN~L~$ CQUNTX ~ERVfCE ~EA
ANNU^~ REHaBI~~1^T1Qtl. S,wear~Xti~$lONS AND
1fr~VEN1JSY~I~M eXTE~elO~SJ CQNTaACT
N-l
~ECT:DN ~
S~Wi~~_,~XTti~~.
EStIMATED
..., QtlANT.IX
Al1011NT
~,~
~.
1'\
..
...........---....""''''-p.
I
/-
,
,
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'7.
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t.
UNIT
PEnCE
,UNIt
PSaOl\I~I10r-{ I .
OonnOQt eropo.ed Gravity
Sewer to Exi.tin. Manhole
$~$-
1
EA,
Connect to Existing Manholo
with Insido P.V,O. Drop
~onneotion ~
a. 10"
1:>. 8"
c. 6"
d 1.1\
. Of
1 ' EA. $, $OD.(;t) :.::: . - ias-g:~
t EA. $ =~ $_. ~S2.~
1 EA. $
1 EA, $. ,~~,~ ~___~.JX)
-
Connect Proposed Force Main
to Existing Fotoe M~in
Ino!udiog Requir~d Fittings
Jlnd Restr.ints
Oonnect Propo,od rorc~ Main
to Exi.t!ng Manhole Including
Reworkins Bench .nd/or
Fiberalaes Patohing
t
EA. $
~co $_. $~/X)
t
EA. $.. . ~t;p $
~~...ro
In.ert 4" or 6" I'Y" Qt' "T"
in 8" or 10" main line Bower
and oxtend 4" OJ:' 6" ..tvic.
pip, to property line. In
elude, .xcAvation, d,watorin,
a. ~.quirod. All .ervi~e pipe
and J:'o.toration w!11 be paid
lor .ep.~attly under applicable
ltom. in the contr.ct.
a. ~I 6' depth 1
b. 6 I.. 8 I depth 1
c. 8' - 101 depth 1
Spec1il Refill M.terial in P1AQe 1
Spec. Backfill Material in Place 1
Pavement Replacement'
a. 9t1 Compaoted Limerock a_8ft 10
with 1" PC...3 ACSC
b. 9" OompActod Asphalt Base 10
o. 6" Compac ted She 11 or 10
Limerock Base Primed
d. P. v e me n t R e e IJ r f a 0 i llll l' I ~ 0
fC...3 ACSC
o. Asphalt tor Leveling, PC-2 1
8...11
EA. $, Qtc.~ $~w ~IOO
EA. :~.~ :~~
EA.
..-
CIY' $ J/:; t (;f; $ . /Ja~ 00.
C,y, $ 8.~ $..__..-..,.......8. ,.,00.
S.Y. $~ $~~-
S,Y. $. ~.C() $ ~~.ca..
S,Y. $ lQ.OQ $-_.~.J;Q-
S.Y. $ 1. $'(2 $-~ w.. '1~J:dQ...
,
Ton $ . /pO.~ $ ._IeeLt2t?.., .
.J/641 .112
R/N-1 ' '
.
'~,.
5-
~_"" r', J L u.,....,~. . --.,4-~~,;:<;.. ~~L."., +.'!..._,.,,~e~~r~,~P:Wf!'W1:r..,H~~T.,~/';~:.~;. ':.~_".. .'".. ......Ii""'.....,..;..
,'. ..w
f1N~L~ OOUNTY ~~W!B. S1aT~M
NQ~t~ lINE~~S COUN1Y S~~VIQE Ai~A
~AL R~~~~L1IA11QNf SE~~&~~XTE~61pNS AND
~~UE~I S~sr~M ~~T~N~lO~a, CQ~T&AQ1
N-l
SiCl'tOt't...u
U14~l! EXTltN$ X~N8
r-
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.~...
..
,
,
I
(
I
.I
t'
. ,
"
II
3000 P51 Concr~te in Placo
a. Driveway" 6'1 with mesh
b. S1dewalkl. 4"
0, Ourb (All types)
Stabilize Roadl
St~bi11ze Shoulder.
Fertilize, Seed and Mulch
Sod RfJplaoem.nt
I. SQd(Patchin,)
Mi.cellaneous Ooncrote
Lumber Left io Plaoe
,
ROQk EKed-Vetian
SpltQial Clearing
Sewego By-pase P~pinl
F~rn1.h .nd In.e.l! to Lint
and Grade by J.ck~n8 and
JJol1ing at 20" S..led 8 tee 1
0..,108 with 8" D.!. Carrior:
Pip, in Accordance with
11otid. O.O.T. ~.quirement8
a. 0' - 6' depth
b. 6' - 8' depth
o. 8' -10' dopth
d. 10' .12' depth
I. 12' -14' depth
f. 14' "16' depth
PJ/641.113 '"
ARl.N..1
.' '
!S'l'lMATEO
UNIT
10 S . Y . $~ $- ~ . a~ao...
to S.Y. :=- .~~ $.-.. .~! CD_.
to L.P', $ 15'i4~.
to S,Y. $~ $.. n. -4 .~~, CO_
10 S , '{', $ 3l~1 $ .;,p,.OO '
.
10 , S. Y. ' $----1..00 $ tal ca-
10 s,y, $~ $~. 3Ql~.
to ,. $~ $ ~~"
S. '(I. ~ I
10 C.Y. $~ $,"- ico.J.a2
.
10 MaF' $.---'UQ.. $ . .. .~._~-
10 C,y, $ J ~t"'- $ .', ~.~..
1 ACRE $--1.gx>,~ $, I'~I~
1 DA'lS $-. Sct;. tI) $ . . ~,"'
10 L.P', $~ $__~ro",
10 L.F. $ ~ U~,DP $ . I~,QC.QQ..
to L. f, $ ,J~.~ $-~~..
10 L.F, !=H $ _..~Joo..CO
to L.F, $ -...~~~ (;(>.
10 L.Ft $--1i~ao...
TOTAL SECTION .8
B-12
$
, ~I ~a9..ro.
.'iltt1f*", H ~ft',~...AA"''l....,..,..Ll. _..,.,.,.),3. _-J"l/1J.HtJ".......JI"....,-,4...., _ UJU.ll.~-,~,~.}U..,.,~".~4fMo1ff"(~.' to .;, '.': ",', '... ./"
-@
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i~, 'j;
. ,'\
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.
,
. ..L.....
, '
1::'E[:I'~Ll('~F\Y 1 ~
:L 9 I:" ~~;
,'I
"
l'lr~ TE:r\I~Y a EN'" I t,IUEi, CH I EF EI\IG I NEEn
c: '[ 'I \{ OF CL..E()nl,IJ(.YT EH
DEttl~ l'ln a [:1\11\1 J 1\IEl~3:
VH::: 'fl.IE:: ~.J"'DE:r~!3 I l3NED Fi:EGH..JE~3'r TIIAT 'T'I'Il::: CITY OF' CL.E::('~F\t'Jt':YrE:r~
CiP/E.:': It'II"IEDI?)TE (.~T'n~~"rrI[)1\I AND EFF'(JI~T 11\1 E:XTEI\IDlI\ICi THE CITY
!~;(\l~ 1. T td.;Y m::.1JJEI~~ HC1DI(.--ur:' FI~Cl~/1 II'IDnnC:H~J Dr;: J l..,JI:: I\ICH:;:TH (lL.Cl 1\1 E) I 1;:1../ I 1\18
(l!/FI\ILIE: " ,1
I'IUI'I[: nUUE> r~F!:31 DEhlTEl elF' 1 F,V J biD ()VEJ,IUE HAVe:: 11\1D I c(yrEn THE 1 F\
J l'ITE::r~'E:UT I I'~ Hi')l.) I NO {')CC[:!3Fi TCl 'n IE r;tlN I T(.)ny HClOI<:._.UP.
I HE~ Cl..lnnEI\IT f,; I Tl.l{.)'l' J ell\1 1 H FEL.T 'ru BE CF~ 1''1'' I C(.)I.... FDH (,)"1"
LL(~:::IT UI\IE I'\EE;IDENT (')ND lilPIY [)ECOI'IE::: THE: Ei(.\I'IE FUF~~ DTHEns TN THIEl
(1r-:~E{\I" PLE(~HI::: BE: (.)DV I EiED '1"11(' T r: () J L.INe; (.\ T 1: 1"'1 E I... Y nE:SF'UI\IGE FI{DI'1
THF C 1 ry UNE r;:E~n DEI\H t.J.[ LL BE FUF~CFD TU I1\ltiTALL A t.IClUI\1D
!~;\/f3ll::I"1 (.yr ~HUI\lJr~IC{)I\IT F.XF'E::.I\!E;E ()ND (.\ l...ES!3 (yrTf;:(.)CTIVE
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COST OF PROJECT
$85,450.00
UNIFORM ASSESSMENT
$41.66
LOT NO.
OWNER
-----------------------------------------------------------------
ASSESSMENT
72
BASTARACHE, GERARD J.
BASTARACHE, ALVETA M.
1350 IRVING AVE.
CLEARWATER, FL. 34616-3618
73
KNUDSEN, KEITH C.
KNUDSEN, DONNA J.
1344 IRVING AVE.
CLEARWATER, FL. 34616-3618
SENTZ, HARLESS R.
SENTZ, RUTH L.
1338 IRVING AVE.
CLEARWATER, FL. 34616-3618
GRASS, BILLY R.
GRASS, DONNA J.
1332 IRVING AVE.
CLEARWATER, FL. 34616-3618
MANNING, LORETTA C.
1326 IRVING AVE.
CLEARWATER, FL. 34616-3618
BROOKING, FRANK W.
BROOKING, ANNETTE M.
1727 EMERALD DR.
CLEARWATER, FL. 34616-3666
74
75
76
77
FRONTAGE
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87.0
$3,624.33
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87.0
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98.5
$4,103.41
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COST OF PROJECT
$85,450.00
SUBDIVISION: EMERALD HILL 46-18
STREET: IRVING AVE. - PENNY LANE TO EMERALD DR.
UNIFORM ASSESSMENT
$41.66
LOT NO.
-----------------------------------------------------------~-----
OWNER
FRONTAGE
ASSESSMENT
63
64
65
66
67
68
69
70
71
HUNTER, ERIKA D.
1363 IRVING AVE.
CLEARWATER, FL. 34616-3617
87.0
$3,624.33
HELBER, DEBORAH A.
KLEIN, STEPHAN H.
1369 IRVING AVE.
CLEARWATER, FL. 34616-3617
87.0
$3,624.33
BROWN, DONN W.
BROWN, KAREN M.
1375 IRVING AVE.
CLEARWATER, FL. 34616-3617
87.0
$3,624.33
WYATT, CALVIN R.
1381 IRVING AVE.
CLEARWATER, FL. 34616-3617
$4,128.'82
99.11
YOUNG, GEORGE C.
YOUNG, CHARLOTTE A.
1726 PENNY LANE
CLEARWATER, FL. 34616-3682
$4,127.15
99.07
MC CLUNG, ROBERT S.
MC CLUNG, MARGARET M.
1374 IRVING AVE.
CLEARWATER, FL. 34616-3618
$3,624.33
87.0
MAY, BARBARA B.
1368 IRVING AVE.
CLEARWATER, FL. 34616-3.618
JAKOBSEN, LINDA C.
1360 IRVING AVE.
CLEARWATER, FL. 34616-3618
$3,624.33
87.0
87.0
$3.624.33
WULF, KAREN L.
1356 IRVING AVE.
CLEARWATER, FL. 34616-3618
$3,624.33
87.0
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SANITARY SEWER ASSESSMENT
SUBDIVISION: EMERALD HILL 46-18 (#25794)
STREET: IRVING AVE. - PENNY LANE TO EMERALD DR.
$85,450.00 . {'
COST OF PROJECT
..
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UNIFORM ASSESSMENT $41.66 ' ,
,.
.
FRONTAGE ASSESSMENT "
LOT NO. OWNER
HUNTZBERRY, J.R.
HUNTZBERRY, ALICE K.
1732 EMERALD DR.
CLEARWATER, FL. 34616-3614
90.0
$3,749.31
-----------------------------------------------------------------
14
56
57
58
59
60
61
62
SCOTT, BRADLEY D.
1739 EMERALD DR.
CLEARWATER, FL. 34616-3667
$4,103.40
98.5
KYSER, LEWIS T.
SOUTHERLY, JOANNE
1327 IRVING AVE.
CLEARWATER, FL. 34616-3617
$3,624.33
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87.0
SZABO, ARPAD E.
SZABO, MARIA
1333 IRVING AVE.
CLEARWATER, FL. 34616-3617
87.0 '
$3,624.33
MIOTKE, JOHN A.
1339 IRVING A~E.
CLEARWATER, FL. 34616-3617
87.0
$3,624.33
KENNEDY, JOHN P.
KENNEDY, SADIE A.
1345 IRVING AVE.
CLEARWATER, FL. 34616-3617
, $3,624.33
87.0
ALLEN, MARl< E.
ALLEN, KIMBERLY A.
1351 IRVING AVE.
CLEARWATER, FL. 34616-3617
.
87.0
$3.624.33
MAGYAR, PETER C.
MAGYAR, KRISTIN E.
1357 IRVING AVE.
CLEARWATER, FL. 34616-3617
87.0
$3,624.33
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C.I T Y
* 3 I C.t11. b.I-\'
OF CI~~~ARWATER
POST OFFICE BOX 4748
C LEA R W ATE At F LOR IDA 3 4 6 1 8 - 4 7 4 8
October 15, 1993
WULF, KAREN L.
1356 IRVING AVE.
CLEARWATER, FL. 34616-3618
RAI Sani~R:~ Sewer Extension to Serve Irving Avenue Between Penny Lane and Emerald
DI'i.ve.
Dear Homeownar:
The City of Clearwater Engineering Department haa designed and permitted a sanitary
sewer extension along Irving Avenue betweell Penny Lane and Emerald Drive. A $41.66
per front foot assessment price of been determined based on established annual
contract prices. In all cases the short side of lota was used for the below
calculations.
LO~ NO.
OWNER
FRONTAGE
ASSESSMENT
71
WULF, KAREN L.
1356 IRVING AVE.
CLEARWATER, FL. 34616-3618
87.0
$3,624.33
These above fees do not constitute the total cost of connection to the sanitary
sewer system. These fees cover the cost of construction of the sewer system withi.n
the right-of-way. It is the homeowners responsibility to COJ~ract a licensed
plumber to construct a lateral from the house connection to the sanitary lateral
torminating at the right-of-way line. Plumbing permits will be issued by the
Pinellas County Building Department. Payment of the sanitary sewer impact fee
(currently $900.00 for single family homes) and applicable deposits must be made
before a permit can be issued by Pinellas c6unty.
::r IW I '"'7
f1<V4.. .
It is alGc a J.:'~q-uir:::mer.t that the hom;cwn-ar ~.i.gn an Cigreement to allnex their
property into the City of Cloarwater to receive sewer service. The is no cost for
annexation, however, you will be required to sign a promissory note for recreation
facilities fees, (currently $200), payable at the time of actual annexation.
This project will be presented to the City Commission if 51% of the homeowners along
PQA~Y Lano sign and return this letter, thereby committing to the above annexation
requirements and payment of the fees as shown. These fees will be due and payable
once the project is completed. If the final cost of the project is less than
estimated, the assessment will be reduced accordingly. If the final ost is more
than estimated the City will absorb the additional c s :
~
Very truly yours,
J~c.4-
William C. Baker
Director of Public Works
Homeowners signature
WCB/GCH/ae
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"Equal Employment and Affirmative Action Employer"
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CIrry
OF CI..JEARWATER
POST OFFICE BOX 4748
C LEA R W ATE R, F LOR IDA 3 4 6 1 B - 4 7 4 B
October 15, 1993
WYATT, CALVIN R.
1381 IRVING AVE.
CLEARWATER, FL. 34616-3617
Re: Sanitary Sewer Extension to SeL~e Irving Avenue Between Penny Lane and Emera1d
Drive.
Dear Homeowner:
The City of Clearwater Engineering Department has designed and permitted a sanitary
sewer extension along Irving Avenue between Penny Lane and Emerald Drive. A $41.66
per front foot asseGsment price of been determined based on established annual
contract prices. In all cases the short side of lots was used for the below
calculations.
LOT NO.
OWNER
FRONTAGE
ASSESSMENT
---------------------------------------------------------------------------------
66
WYATT, CALVIN R.
1381 IRVING AVE.
CLEARWATER, FL. 34616-3617
99.11
$4,128.82
These above fees do not constitute the total cost of connection to the sanitary
sewer system. These fees cover the cost of construction of the sewer system within
the right-of-way. It is the homeowners responsibility to contract a licensed
plumber to construct a lateral from the house connection to the sanitary lateral
terminating at the right-of-way line. Plumbing permits will be issued by the
Pi.nellas County Building Department. Payment of the sanitary sewer impact fee
(currently $900.00 for single family homes) and applicable deposits must be made
before a permit can be issued by pinellas County.
1JtJ11AJ1
~~.
It is also a re~~ir8ment that the homeowner sign an agreement to annex their
property into the City of Clearwater to receive sewer oervice. The is no cost for
annexation, however, you will be required to sign a promissory note for recreation
facilities fees, (currently $200), payable at the time of actual annexation.
This project will be presented to the City Commission if 51% of the homeowners along
feRnr ~afte aign and return this letter, thereby committing to the above annexation
requirements and payment of the fees as shown. These fees will be due and payable
once the project is completed. If the final cost of the project is 1e.s than
estimated, the assesament will be reduced accordingly. If the final cost is more
than estimated the City will absorb the additiona t;----"--J
,.--
Very truly yours, ·
, r '
!J~C~
William C. Baker
Director of Public Works
WCB/GCH/ae
lrvln,:.scO
o
"Equal Employment and Affirmative Action Employer"
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C I T Y
OF CLEARWATER
POST OFFICE BOX 4748
C LEA R W ATE A, F LOR IDA 3 4 6 1 8 - 4 7 4 8
October 15, 1993
BASTARACHE, GERARD J.
BASTARACHE, ALVETA M.
1350 IRVING AVE.
CLEARWATER, FL. 34616-3618
Re: Sanitary Sewer Extension to Serve Irving Avenue Between Penny Lane and Emerald
Dri va.
Dear Homeowner:
The city of clearwater Engineering Department has designed and permitted a sanitary
sewer extension along Irving Avenue between Penny Lane and Emerald Drive. A $41.66
per front foot assessment price of been determined based on established annual
contract prices. In all cases the short side of lots was used for the below
calculations.
LOT NO.
OWNER
FRONTAGE
ASSESSMENT
72
BASTARACHE, GERARD J.
BASTARACHE, ALVETA M.
1350 IRVING AVE.
CLEARWATER, FL. 34616-3618
87.0
$3,624.33
These above fees do not constitute the total cost of connection to the sanitary
sewer system. These fees cover the cost of construction of the sewer system within
the right-oi-way. It is the homeowners responsibility to contract a licensed
plumber to construct a lateral from the house connection to the sanitary lateral
terminating at the right-of-way line. Plumbing permits will be issued by the
Pinellas County Building Department. Payment of the sanitary sewer impact fee
(currently $900.00 for single family homes) and applicable deposits must be made
before a permit can be issued by Pinel1as County~
It is also a requirement that the homeowner sign an agreement to annex their
property into the City of Clearwater to receive sewer service. The is no cost for
ann~~ation, however, yo~ will be raqui=ed to sign a promissory note for recreation
facilities fees, (currently $200), payable at the time of actual annexation.
This project will be presented to the City Commission if 51% of the homeowners along
~gnny Lan€ sign and return this letter, thereby committing to the above annexation
requirements and payment of the fees as shown. These fees will be due and payable
once the project is completed. If the final cost of the project is less than
estimated, the assessment will be reduced accordingly. If the final cost is more
than estimated the City will absorb the additional coat.
~Jlr~4//J /J/L44~4
Homeowners s.l.gnature
Very truly yours,
J~~/t:~
a~ ~ r~~~
Homeowners signatuFe
\villiam C. Baker
Director of Public Works
WCB/GCH/ae
lrvin&, &m
o
"Equal Employment and Affirmative Action Employer"
It is also a requirement that the homeowner sign an agreement to annex their
p~cpcrty into the City of Clearwater t~ receive sewer service. The is no cost for
annexation, however, you will be required to sign a promissory note for recreation
facilities fees, (currently $200), payable at the time of actual annexation.
j~V/~ This project will be presented to the City commission if 51% of the homeowners along
'h,Jl? PQnny LaAe sign and return this letter, thereby committing to the above annexation
~ requirements and payment of the fees as shown. These fees will be due and payable
once the project is completed. If the final cost of the project is less than
estimated, the assessment will be reduced accordingly. If the final cost is more
than estimated the City will absorb the additio~al c -'. ~. 17
Very truly yours, 4 ~_~_.__-~~1!.4L-
r ~ 0 own~is81gn e "'-......-
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C I T Y
C 1..1 EAR W ATE R
POST OFFICE BOX 4748
C LEA R W ATE R, F LOR I D A 3 4 6 1 8 - 4 7 4 8
October 15, 1993
JAKOBSEN, LINDA C.
1360 IRVING AVE.
CLEARWATER, FL. 34616-3618
Re: Sanitary Sewer Extension to Serve Irving Avenue Between Penny Lane and Emerald
Drive.
Dear Fiomeowner:
The City of Clearwater Engineering Department has designed and permitted a sanitary
sewer extension along Irving Avenue between Penny Lane and Emerald Drive. A $41.66
per front foot assessment price of been determined based on established annual
contract pricen. In all cases the short side of lots was used for the below
calculations.
LOT NO.
OWNER
FRONTAGE
ASSESSMENT
----------------------------------------------------------------------------------
70
JAKOBSEN, LINDA C.
1360 IRVING AVE.
CLEARWATER, FL. 34616-3618
87.0
$3.624.33
These above fees do not constitute the total cost of connection to the sanitary
sewer system. These fees cover the cost of construction of the sewer system within
the r~ght-of-way. It io the homeowners responsibility to contract a licensed
plumber to construct a lateral from the house connection to the sanitary lateral
terminating at the right-of-way line. Plumbing permits will be issued by the
Pinellas County Building Department. Payment of the sanitary sewer impact fee
(currently $900.00 for single family homes) and applicable deposits must be made
before a permit can be issued by Pinellas County.
"
.,,',
-'
William C. Baker
Director of Public Works
Homeowners signature
WCB/GCHjae
ltvln&.Jcb
o
"Equal Employment and Affirmative Action Employer"
, '..,' ~:. , :. . .: "~.~: ,.:' ,,', .,., ":;::. ".
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<f'"..,.~;.('iIIJ
C I T Y
OF CLEARWATER
POST OFFICE BOX 4748
C LEA R W ATE R, F LOR IDA 3 4 6 1 8 - 4 7 4 8
October 15, 1993
MIOTKE, JOHN A.
1339 IRVING AVE.
CLEARWATER, FL. 34616-3667
Re:
Snni~ary Sewer Extension to Serve Ir~in~ Avenue Between Penny Lane and Emerald
Drive.
Dear Homeowner:
The City of Clearwater Engineering Department has designed and permitted a sanitary
sewer extension along Irving Avenue between Penny Lane and Emerald Drive. A $41.66
per front foot assessment price of been determined based on established annual
contract prices. In all cases the short side of lots was used for the below
calculations.
LOT NO.
OWNER
FRONTAGE
ASSESSMENT
59
87.0
$3,624.33
MIOTKE, JOHN A.
1339 IRVING AVE.
CLEARWATER, FL. 34616-3617
These above fees do not constitute the total cost of connection to the sanitary
sewer system. These fees cover the cost of construction of the sewer system within
the right-of-way. It is the homeowners responsibility to contract a licensed
plumber to construct a lateral from the house connection to the sanitary lateral
terminating at the right-of-way line. Plumbing permits will be issued by the
Pinellas County Building Department. Payment of the sanitary sewer impact fee
(currently $900.00 for single family homes) and applicable deposits must be made
before a permit can be issued by Pinellas County.
It is also a requirement that the homeowner sign an agreement to annex the~r
property into the City of Clearwater to receive sewer service. The is no cost for
annexation, however, you will be required to sign a promissory note for recreation
facilities fees, (currently $200), payable at the time of actual annexation.
I '
, Jh~~Thia project will be preoented to the City Commission ~f 51% of the homeowners along
~....-. fl~~n'J Laue sign and return this letter, thereby committing to the above annexation
~v~ln1 requirements and payment of the fees as shown. These fees will be due and payable
once the project is completed. If the final cost of the project is less than
estimated, the assessment will be reduced accordingly. If the final cost is more
than estimated the City will absorb the additio~nal cost. .
Very truly yours, /~~~
r omeowners signature
b~C~
William C. Baker
Director of Public Works
~~'~
H owners signature
WCB/GCHjae
~.Icb
o
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CITY
OF CI~EARWATER
POST OFFICE BOX 4748
C LEA R W ATE R, F LOR I D A 3 4 6 1 8 - 4 7 4 8
October 15, 1993
MC CLUNG, ROBERT S.
MC eLUNG, MARGARET M.
1374 IRVING AVE.
CLEARWATER, FL. 34616-3618
Re: Sanitary Sewer Extension to Serve Irving Avenue Between Penny Lane and Emerald
Drive.
Dear Homeowner:
The City of Clearwater Engineering Department has designed and permitted a sanitary
sewer extension along Irving Avenue between Penny Lane and Emerald Drive. A $41.66
per front foot assessment price of been determined based on established annual
contract prices. In all cases the short side of lots was used for the below
calculations.
LOT NO.
OWNER
ASSESSMENT
FRONTAGE
68
$3,624.33
MC CLUNG, ROBERT S.
MC CLUNG, MARGARET M.
1374 IRVING AVE.
CLEARWATER, FL. 34616-3618
87.0
These above fees do not constitute the total cost of connection to the sanitary
sewer system. These fees cover the cost of construction of the sewer system within
the right-of-way. It is the homeowners responsibility to contract a licensed
plumber to construct a lateral from the house connection to the sanitary lateral
terminating at the right-of-way line. Plumbing permits will be issued by the
Pinellas County Building Department. Payment of the sanitary sewer impact fee
(currently $900.00 for single family homes) and applicable deposits must be made
before a permit can be issued by Pinellas County.
It is also a requi~ement that the homeowner sign an agreement to annex their
propl?:r.t:y intc the Ci.ty of Cle:n:'\':ater to receive sewer Eer....icc;. Tha i~ no cost for
annexation, however, you will be required to sign a promissory note for recreation
facilities fees, (currently $200), payable at the time of actual annexation.
This project will be presented to the City Commission if 51% of the homeowners along
-Penfl-y---ba-ne sign and return this letter, thereby committing to the above annexation
requirements and payment of the fees as shown. These fees will be due and payable
once the project is completed. If the final cost of the project is less than
estimated, the assessment will be reduced accordingly. If the final cost is more
than estimated the City will absorb the additional ost.
Very truly yours,
. r.. , #
V~C/f--
William C. Baker
Director of Public Works
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WCB/GCH/ae
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"Equal Employment and Affirmative Action Employer"
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C I T Y
OF CLEARWATER
POST OFFICE BOX 4748
C LEA R W ATE A, F LOR I D A 3 4 6 1 8 . 4 7 4 8
October 15, 1993
HELBER, DEBORAH A.
KLEIN, STEPHAN H.
1369 IRVING AVE.
CLEARWATER, FL. 34616-3617
Re: sanitary Sewer Extension to Serve Irving Avenue Between Penny Lane and Emerald
Drive.
Dear Homeowner:
The City of Clearwater Engineering Depart:ment has designed and permitted a sanitary
sewer extension along Irving Avenue between Penny Lane and Emerald Drive. A $41.66
per front foot assessment price of been determined based on established annual
contract prices. In all cases the short side of lots was used for the below
calculations.
LOT NO.
OWNER
FRONTAGE
ASSESSMENT
---------------------------------------------------------------------------------
64
HELBER, DEBORAH A.
KLEIN, STEPHAN H.
1369 IRVING AVE.
CLEARWATER, FL. 34616-3617
87.0
$3,624.33
These above fees do not constitute the tots.l cost of connection to the sanitary
sewer system. These fees cover the cost of constructi.on of the sewer system within
the right-of-way. It is the homeowners responsibility to contract a licensed
plumber to construct a lateral from the house connection to the sanitary lateral
terminating at the right-af-way line. Plumbing permits will be issued by the
Pinellas county Building Department. Payment of the sanitary sewer impact fee
(currently $900.00 for single family homes) and applicable deposits must be made
before a permit can be issued by Pinellas County.
, C
:ft?'VI~ I
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It is also a requirement that the homeowner aign an agreement to annex their
property into the city of Clearwater to receive sewer service. The is no cost for
annexation, however, you will be r.equired to sign a promissory note for recreation
facilities fees, (currently $200), payable at the time of actual annexation.
This project will be presented to the City Commission if 51% of the homeowners along
Pana~ane sign and return this letter, thereby committing to the above annexation
requirements and payment of the fees as shown. These fees will be due and payable
once the project is completed. If the final cost of the project is less than
estimated, the assessment: will be reduced accordingly. If the final cost is more
than estimated the City will absorb the additional cost.
Very truly yours,
. r '.
V~~.~
iJ~a,4 rl. ;Z0,~..,
Homeowners signature
William C. Baker
Director of Public Works
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CITY
OF CLEARWATER
POST OFFICE BOX 4748
C LEA R W ATE R. F LOR IDA 3 4 6 1 8 - 4 7 4 8
October 15, 1993
BROWN, nONN W.
BROWN, KAREN M.
1375 IRVING AVE.
CLEARWATER, FL. 34616-3617
Re: Sanitary Sewer Extension to Serve Irving Avenue Between Penny Lane and Emerald
Drive.
Dear Homeowner:
The City of Clearwater Engineering Department has designed and permitted a sanitary
sewer extension along Irving Avenue between Penny Lane and Emerald Drive. A $41.66
per front foot assessment price of been determined based on established annual
contract prices. In all cases the short side of lots was used for the below
calculations.
LOT NO.
OWNER
FRONTAGE
ASSESSMENT
---------------------------------------------------------------------------------
65
BROWN, nONN W.
BROWN, KAREN M.
1375 IRVING AVE.
CLEARWATER, FL. 34616-3617
87.0
$3,624.33
These above fees do not constitute the total cost of connection to the sanitary
sewer system. These foes cover the coat of construction of the sewer system within
the right-of-way. It is the homeowners responsibility to contract a licensed
plumber to construct a lateral from the house connection to the sanitary lateral
terminating at the right-of-way line. Plumbing permits will be issued by the
Pinellas County Building Department. Payment of the sanitary sewer impact fee
(currently $900.00 for single family homes) and applicable deposits must be made
before a permit can be issued by Pinellas County.
It is also a requirement that the homeowner sign an agreement to annex their
proparty iuto tha City of clea~~ater to rcc~ive sewer servic~. The is no cost for
annexation, however, you will be required to sign a promissory note for recreation
facilities fees, (currently $200), payable at the time of actual annexation.
, This project will be presented to the City Commission if 51% of the homeowners along
\<Z-J\~~Q...:reaay bane sign and return this letter, thereby committing to the above annexation
J requirements and payment of the fees as shown. These fees will be due and payable
once the project is completed. If the final cost of the project is less than
estimated, the assessment will be reduced accordingly. If the final cost is more
than estimated the city will absorb the additiona~t.
Very truly yours, 1Cl6>'t;.z-.~ I3M~
r Homeowners signature
V~C~
William C. Baker
Director of Public Works
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Homeowners signature
WCB/GeE/ae
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"Equal Employment and Affirmative Action Employer"
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C I T Y
OF CLEARWATER
POST OFFICE BOX 4748
C LEA R W ATE R. F LOR IDA 3 4 6 1 8.. 4 74 8
October 15, 1993
YOUNG, GEORGE, C.
YOUNG, CHARLOTTE A.
1726 PENNY LANE
CLEARWATER, FL. 34616-3682
Re: Sanitary Sewer Extension ~o Serve Irving Avenue Between Penny Lane and Emerald
Dri.ve.
Dear Homeowner:
The City of Clearwater Engineering Department has designed and permi.tted a sanitary
sewer extension along Irving Avenue between Penny Lane and Emerald Drive. A $41.66
per front foot assessment price of been determined based on established annual
contract prices. In all cases the short side of lots was used for the below
calculations.
LOT NO.
FRO~AGE
ASSESSMEN'r
OWNER
67
99.07
$4,127.15
YOUNG, GEORGE C.
YOUNG, CHARLOTTE A.
1726 PENNY LANE
CLEARWATER, FL. 34616-3682
These above fees do not constitute the total cost of connection to the sanitary
sewer system. These fees cover the cost of construction of the sewer system within
the right-of-way. It is the homeowners responsibility to contract a licensed
plumber to construct a lateral from the house connection to the sanitary lateral
terminating at the right-of-way line. Plumbing permits will be issued by the
Pinellas County Building Department. paymen.t of the sanitary sewer impact fee
(currently $900.00 for single f~ily homes) and applicable deposits must be made
before a permit can be issued by Pinellas County.
It is also a requirement that the homeowner sign an agreement to annex their
property into the City of Clearwater 'co receive sewer service. The is no cost for
annexation, however, you will be required to sign a promissory note for recreation
facilities fees, (currently $200), payable at the time of actual annexation.
l~ This project will be presented to the City Commission if 51% of the homeowners along
;C.L~Jt..-pehhj L~e sign and return this letter, thereby committing to the above annexation
~. requirements and payment of the fees as shown. These fees will be due and payable
once the project is completed. If the final cost of the roject is less than
estunated, the assessment will be reduced accordingly. the f'nal cost is more
than estimated the City will absorb the additional cost.
Very truly yours,
j J'" , /' fi'
(,L/~'--/ f--
William C. Baker
Director of Public Works
WCB!GCH/ae
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"Equal Employment and Affirmative Action Employer"
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C I T Y
OF CLEARWATER
POST OFFICE BOX 4748
C LEA R W ATE R. F LOR I D A 3 4 6 1 8 . 4 7 4 8
October 15, 1993
KENNEDY, JOHN P.
KENNEDY, SADIE A.
1345 IRVING AVE.
CLEARWATER, FL. 34616-3667
Re: Sanitary Sewer Extension to Serve Irving Avenue Between Penny Lane and Emerald
Drive.
Dear Homeowner:
The City of Clearwater Engineering Department has designed and permitted a sanitary.
sewer extension along Irving Avenue between Penny Lane and Emerald Drive. A $41.66
per front foot assessment price of been determined based on established annual
contract prices. In all cases the short side of lots was used for the below
calculations.
LOT NO.
OWNER
ASSESSMENT
FRONTAGE
60
87.0
$3,624.33
KENNEDY, JOHN P.
KENNEDY, SADIE A.
1345 IRVING AVE.
CLEARWATER, FL. 34616-3617
These above fees do not constitute the total cost of connection to the sanitary
sewer system. These fees cover the cost of construction of the seWAr system within
the right-of-way. It is the homeowners responsibility to contract ~ licensed
plumber to construct a lateral from the house connection to the sanitary lateral
terminating at the right-of-way line. Plumbing permits will be issued by the
Pinellas County Building Department. Payment of the sanitary sewer impact fee
(currently $900.00 for single family homes) and applicable deposits must be made
before a permit can be issued by Pinellas County.
:Xvi I '-"1
""" (t. .
It is also a requirement that the homeowner sign an agreement to annex their
prop&rty into the City of Clearwater ~o receive 6ew~r aervLce. The is no cost fer
annexation, however, you will be required to sign a promissory note for recreation
facilities fees, (currently $200), payable at the time of actual annexation.
This project will be presented to the City Commission if 51% of the homeowners along
~enh~ Lane sign and return this letter, thereby committing to the above annexation
requirements and payment of the fees as shown. These fees will be due and payable
once the project is completed. If the final cost of the project is less than
estimated, the assessment will be reduced accordingly. If the final cost is more
than estimated the City will absorb the additional co
Very truly yours,
J~c-4-
William C. Baker
Director of Public Works
WCB/GCH/ae
Inq.adl
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"Equal Employment and Affirmative Action Employer"
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CITY
OF CI~EARWATER
POST OFFICE BOX 4748
C LEA A W ATE A, F LOR I D A 3 4 6 1 B . 4 74 8
October 15, 1993
ALLEN, MARK E.
ALLEN, KIMBERLY A.
1351 IRVING AVE.
CLEARWATER, FL. 34616-3617
Re: Sanita17Y SerNer Extension to Serve Il.oving Avenue Between Penny I.811e and Emerald
Dri.ve.
Dear HorneOW&'ler:
The City of Cleanlater Engineering Depar.t.ment has dE'\signed and porrottted a sanit,ary
sewer extension along Irving Avenue between Penny Lane and Emerald Drive. A $41.66
per front foot assessment price of been determined based on established annual
contract prices. In all cases the short side of lots was used for the below
calculations.
FRONTAGE
OWNER
ASSESSMENT
LOT NO.
61
87.0
$3.624.33
ALLEN, MARK E.
ALLEN, KIMBERLY A.
1351 IRVING AVE.
CLEARWATER, FL. 34616-3617
These above fees do not constitute the total cost of connection to the sanitary
sewer system. These fees cover the ccmt of construction of the sewer system within
the right-of-way. It is the homeowners responsibility to contract a licensed
plumber to construct a lateral from the house connection to the sanitary lateral
terminating at the right-of-way line. Plumbing permits will be issued by the
Pinellas County Building Department. Payment of the sanitary sewer impact fee
(curr.ently S900.00 for single family homes) and applicable deposits must be made
before a permit can be issued by Pinellas County.
It is also a requirement that the homeowner sign an agreement to annex their
prcp~rty into lh0 city of Clsnrwnter to receive Bewer service. The is no cost for
annexation, however, you will be reqtlix8d to sign a prorniagory no'ce for recreation
facilities fees, (currently $200), payable at the time of actual annexation.
This project will be presented to the City Commission if 51% of the ~omeowners along
Penny Lane sign and return 'th,Le letter, thereby committing to the above annexation
requirementa and payment of the fees as shown. These fees will be due and payable
once the project is completed. If the final cost of the project is less than
estimated, the ansessment will be reduced accordingly. If the final cost is more
than estimated the City will absorb the additional cOf5;.'-, , lit"j
~. 1;i~-I/{. s ,////lJc
Very truly yours, I ,L 0'(/( ( , L c-C ._____..,
rHo neowners"" signature
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/t../>_.e-e----- C-,r f---~
William C. Baker
Director of Public Works
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C I T Y
OF CI~EARWATER
POST OFFICE BOX 4748
C LEA R W ATE R, F LOR IDA 3 4 6 1 8. 4 74 8
october 15, 1993
MAY, BARBARA B.
1368 IRVING AVE.
CLEARWATER, FL. 34616-3618
Re: Sanit.ary Sewer Ext~nsion to Serve Irving Avenue Between Penny Lane and Emerald
Drive.
Dear Homeo"me:c ~
The City of Clearwater Engineering Department has designed and permitted a sanitary
sewer extension along Irving Avenue between Penny Lane and Emerald Drive. A $41.66
per front foot assessment price of been determined based on established annual
contract prices. In all cases the short side of lots was used for the below
calculations.
LOT NO.
OWNER
FRONTAGE
ASSESSMENT
----------------------------------------------------------------------------------
69
87.0
MAY, BARBARA B.
1368 IRVING AVE.
CLEARWATER, FL. 34616-3618
$3,624.33
These above fees do not constitute the total cost of connection to the sanitary
sewer system. ~'hese fees cover the cost of construction of the sewer syotem within
the right-of-way. It is the homeowners responsibility to contract a licensed
plumber. to construc:t a lateral from the hO\.1.se connection to the sanitary lateral
terminating at the right-of-way line. Plumbing permits will be issued by the
Pine.llas County Building Departm~nt. Payment of the sanitary sewer impact fee
(currently $900.00 for single family homes) and applicable deposits must be made
before a permit can be issued by Pinellas County.
It is also a requirement that the homeowner sign an agreement to annex their
pr.cperty ln~o -cha City of Clearwa.ter to rt=c8ivE: 8t::wor SE!r-vic<:. ThE: Ie. nt:;' cost fOl:
annexation, however, you will be required to sign a promissory note for recreation
faciliti~s fees, (currently $200), payable at the time of actual annexation.
This project will be presented to the City Commission if 51% of the homeowners along
~~rre' sign and return this letter, thereby committing to the above annexation
requirements and payment of the fees as shown. These fees will be due and payable
once the project is completed. If the final cost of the project is less than
estimated, the assessment will be reduced accordingly. If the final cost is more
than estimated the City will absorb the additional cost.
/?Nr{\~$J_~l1~
Homeowners signature tI
Very truly yours,
. r '
V~C~
William C. Baker
Director of Public Works
Homeowners signature
WCB/GCH/ae
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"Equal Employment and Affirmative Action Employer"
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Clearwater City Commission
Agenda Cover Memorandum
33.
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Meeting Date:
III/ ?
_H.
SUBJECT:
PURCHASE AND INSTALLATION OF A ROOFTOP HEAT PUMP/AIR CONDITIONING SYSTEM FOR
THE POLICE COMMUNICATIONS CENTER i
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RECOMMENDATION/MOTION:
To award a contract to TBG of Tampa, Inc., Tampa, Florida for the purchase and
installation of a rooftop heat pump/air conditioning system in the amount of
$27,486.00, the lowest most responsive and responsible bid in accordance with
the specifications
181 and that the appropdate officials be authorized to execute same.
BACKGROUND:
The current Police communication Center and its air conditioning system were
brought on line and occupied in October 1989. Since the initial operation of
the unit, a number of air quality, health related problems have been
experienced.
The current air conditioning unit is a six (6) ton unit and is too small to
properly ventilate the area. A unit in the range of ten (10) ton would service
the Communications Center. The current unit cannot circulate the fresh air
adequately nor can it control the temperature within the confines of the
Communications Center. In april 1992, air quality/purification technicians
from Computer Support Product, Inc., inspected the system and found the system
to be too small. In October 1992, the City utilized Environmental Engineering
Consultants, Inc. to monitor the air quality in the center. They found
elevated levels of carbon dioxide, along with "insufficient fresh air is being
supplied, which can result in ... physical complaints or aggravate preexisting
conditions".
Both the Building & Maintenance Superintendent and Engineer Jim Wood have
observed and monitored this problem and concur with the installation of a new
rooftop heat pump/air conditioner.
Revi ewcd by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
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N/A
~ldg./Maint_
Costs:
s 27,486.00
Total
commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
User Dept:
S. 27,L.86.00
Current Fiscal Yr.
FlXlding Source:
~ Capi tal Imp.
o Operat i n9
o Other
Attachments:
Bid Surrmary; Sid Tabulation 1;.
Sid Specifications
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Advert i $t.-d:
D~tc: 8/20/93; 8/27/93
Paper: Pln.Co.Review/Tpa 1rib,
o Not RequIred
Affect~ Parties
~ Notified
o Not Requi red
o None
Appropriation Code:
315'91123-564000-521'000
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Funding for this purchase is available in the Capital Improvement Code:
315-91123-564000-521-000, Police Air Conditioning, which has a balance of
$25,000.00 as of October 7, 1993. The remaining funding of $2,486.00 will be
transferred to this project code at first quarter from 315-91118, Police
Pursuit Vehicles, which has a balance of $31,603.00 at September 24, 1993.
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CITY OF CLEARJ1ATER
BID 164-93 OPENED 09108/93
BID TAB
ITEH
.1!!l:.. DESCRIPTION
1. PURNISH & INSTALL HVAC SYSTEM
START DATE:
TK1llJS :
SUl:lHARY OF BIDS
BIDS SOLICITED:
BIDS RECEIVED:
NO RESPONSE:
NO-BID RESPONSE:
S~Y OF NO BID RESPOIISES
DO NOT OFFER PRODUCT: 4
INSUl!'FICIENT TIME TO RESPOND: 1
NO REASON GIVEN: 1
i;,
ROOFTOP HEAT PUHP AND AIR CONDITIONING SYSTEH
AIR MASTERS OF TAMPA
TAMPA, FLORIDA
12
3
3
6
TOTAL
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29,035.00
14 DAYS
NET 30
TBG OF TAMPA, INC.
TAMPA, FLORIDA
TOTAL
PRICE
27,486.00
15 DAYS
NET 30
AIRMAGNUM AIC & HTG.
CLEARWATER, FLCnIDA
TOTAL
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45,767.50
15 DAYS
PROGRESS
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ROOFTOP HEAT PUMP & Ale SYSTEM - BID 164-93
RESPONSES:
Air Masters of Tampa
Tampa, Florida
TOTAL: $29,035.00
TBG of Tampa, Inc.
Tampa, Florida
Airmagnum Alc & Heating
Clearwater, Florida
TOTAL: $27,486.00
TOT~: $45,767.50
NO BID RESPONSES:
Power Conditioning, Inc.
Tampa, Florida
Do not offer
Jersey Jim Towers TV & AC
Clearwater, Florida
Do not offer
Automated Controls
. Newberry, Florida
Do not offer
Tampa Bay Trane
Tampa, Florida
Do not offer
Courtesy Alc
Tampa, Florida
Insufficient time
D . W . G.., I nc .
Jacksonville, Florida
No Reason Given
NO RESPONSES:
Dean Roofing & Sheetmetal
Clearwater, Florida
Do not offer
The Bernd Group
Dunedin, Florida
Unable to contact
Heart & Associates Const.
Tampa, Florida
Do not offer
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3 4 Meeting Date: -
l\ he,
Clearwater City Commission
Agenda Cover Memorandum
SUBJECT: Agreement with the Jolley Trolley corporation
RECOMMENDATION/MOTION:
Approve the attached Funding Agreement with the newly formed non-profit Jolley
Trolley Corporation to provide trolley services on Clearwater Beach, Sand Key,
Island Estates and Downtown,
9 and that the appropriate officials be authorized to execute same.
BACKGROUND:
Attached are two versions of the funding agreement: 1) in final form as
recommended for approval; and, 2) in the "legislative style" to indicate the
changes made in the draft that was submitted to the Commission in early
October.
The Corporation has submitted their business proposal which incorporates the
major points of this funding agreement. A separate agreement providing for the
city financing of additional vehicles will be brought to the Commission soon
after the start of service on January 1, 1994. The equipment agreement will
provide for all vehicle acquisition costs to be reimbursed to the city by the
, Corporation.
According to Roger Sweeney, the PSTA will consider changes to the current Route
80 service after the appropriate PSTA public hearing. These changes may include
the elimination of Route 80 service during the hours the Trolley is operating.
Funds for this agreement from January 1 through September 30, 1994 are included
in the approved 1993/94 Budget. Costs to be incurred after September 30, 1994
will be included in the city Manager's Recommended Budget for the appropriate
fiscal year.
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TROLLEY SYSTEM FUNDING AGREEMENT
This Trolley System Funding Agreement is made and entered into this day of ,
1993 between the City of Clearwater, hereinafter referred to as the City, and the JOLLEY
TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida non-profit corporation,
hereinafter referred to as the Corporation.
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ARTICLE I. TERM
The term of this agreement shall be for a period of ~ months commencing on the 1st day of
December. 1993 and continuing through the 30th day of September, 1996, (the Termination
Date), subject to annual budgetary appropriation, unless earlier terminated under the terms of
this agreement.
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ARTICLE II. RESPONSmILITIES OF TIlE CORPORATION
1) Services to be Provided. The Corporation shall provide the transportation services
basically described as trolley service on Clearwater Beach, Island Estates and Sand Key,
and service from the beach to downtown Clearwater; and more fully described in the in
the attached Exhibit A. If the Corporation decides to make any change(s), they will
give the City two weeks notice prior to the change(s) in accord with Article III of this
agreemen t.
2) Scheduled Reports of Agency Activities. The Corporation shall furnish the City with
an annual management report of activities conducted under the provisions of this
agreement within sixty days of the end of the Corporation's fiscal year and a financial
audit certified by an independent Certified Public Accountant within ninety days of the
end of the fiscal year. The financial report is to set forth the total cost of operations
provided, and the detailed account of operational costs funded by the City funds
provided.
3)
Use and Disposition of Funds Received. Funds received by the Corporation from the
City shall be used to pay for expenses attendant to the operation of the Trolley System.
Funds existing and not used for this purpose at the end of the term of this agreement
shall be deemed excess to the intended purpose and shall be returned to the City.
Notwithstanding the foregoing, any funds remaining at the end of any fiscal year during
the term hereof shall remain in the possession of the Corporation for the term of this
Agreement to fund any shortfall in a subsequent funding year. The City will be advised
of the excess funds amount as a part of the fiscal year report that is required to be
furnished each year by the Corporation to the City so that such excess amount can be
considered prior to the City's determination of the amount to be funded for the next
ensuing fiscal year.
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4) Creation, Use and Maintenance of Financial Records.
a) Creation of Records.. The Corporation shall create, maintain and make
accessible to authorized City representatives such financial and accounting
records, books, documents, policies, practices and procedures necessary to reflect
fully the financial activities of the Corporation. Such records shall be available
and accessible at all times for inspection, review or audit by authorized City
personnel.
b) Use of Records. The Corporation shall produce such reports and analyses that
may be required by the City and other duly authorized agencies to document the
proper and prudent stewardship and use of the monies received through this
agreemen 1.
c) Maintenance of Records. All records created hereby are to be retained and
maintained for a period not less than five (5) years from the close of the
applicable fiscal year.
5) Non-discrimination. Notwithstanding any other prOVISIon of this agreement, the
Corporation for itself, agents and representatives, as part of the consideration for this
agreement does covenant and agree that:
a) No Exclusion from Use. No person shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to discrimination in the operation
of this program on the grounds of race, color, religion, sex, handicap, age or
national origin.
b)
No Exclusion from Hire. In the management, operation, or provision of the
program activities authorized and enabled by this agreement, no person shall be
excluded from participation in or denied the benefits of or otherwise be subject
to discrimination on the grounds of, or otherwise be subjected to discrimination
on the grounds of race, color, religion, sex, handicap, age, or national origin,
consistent with the provisions of the corporation insurance contract as the same
may change from time to time.
c)
Inclusion in Subcontracts. The Corporation agrees to include the requirement
to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved
sub-contracts.
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d) Breach of Non-discrimination Covenants. In the event of conclusive evidence
of a breach of any of the above non-discrimination covenants, the City shall have
the right to terminate this agreement.
6)
Liability and Indemnification. The Corporation shall act as an independent contractor
and agrees to assume all risks of providing the program activities and services herein
agreed and all liability therefore, and shall defend, lndemnify, and hold harmless the
City, its officers, agents, and employees from and against any and all claims of loss,
liability and damages of whatever nature, to persons and property, including, without
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1)
3)
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limiting the generality of the foregoing, death of any person and loss of the use of any
property, except claims arising from the negligence or willful misconduct of the City or
City's agents or employees. This includes, but is not limited to, matters arising out of
or claimed to have been caused by or in any manner related to the Corporation's
activities or those of any approved or unapproved invitee, contractor, subcontractor, or
other person approved, authorized, or permitted by the Corporation whether or not based
on negligence.
ARTICLE TII. RESPONSIBILITIES OF THE CITY
Grant of Funds for Operations. The City agrees to provide monies in fiscal 1993/94
to fund in part the operational costs incurred in providing the activities and services
authorized by this agreement as follows:
An annual amount of $210,000 (payable in equal payments of 1112 per month)
will be paid for providing trolley service on Clearwater Beach and Sand Key
based on the Corporation meeting the route schedule attached as Exhibit A. This
payment will coincide with the beginning of this service, tentatively scheduled to
begin January 1, 1994.
An annual amount of $100,000 (payable in equal payments of 1112 per month)
will be paid for providing trolley service between Clearwater Beach, Island
Estates and the Downtown area based on the Corporation meeting the route
schedule attached as Exhibit A. This payment will coincide with the beginning
of this service, tentatively scheduled for January 1, 1994.
The Corporation agrees to maintain a driver's log and a check point system to
document compliance with the agreed upon schedule. Changes to these attached
schedules are at the discretion of the Corporation Board of Directors, but will be
submitted to the City at least two weeks prior to implementation. Any change, or
series of changes, which will cause more than a 25 % reduction in the routes may,
at the discretion of the City Commission, be considered failure to adhere to the
terms of the contract and may be grounds for reducing the funding commitment
or may be considered cause for termination of the contract.
Grant of Funds for Vehicle Maintenance. The City agrees to provide $50,000
annually toward the cost of maintaining the trolley vehicles, to be paid in equal payments
of 1/12 per month, except that for the 1993/94 fiscal year the City will provide a lump
sum of $50,000 on December 15, 1993 to allow the repair and restoration of the trolley
vehicles prior to inception of the service described above.
Funding in Subsequent Years. Funding in subsequent years is dependent on the City
Commission approved annual budgetary appropriation. Notice of intention by the City
to decrease the funding level must be provided to the Corporation at lease 60 days before.
the beginning of the fiscal year.
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ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may
not be changed, modified or discharged except by written Amendment duly executed by both
parties. No representations or warranties by either party shall be binding unless expressed
herein or in a duly executed Amendment hereof.
ARTICLE V. TERMINATION
1) For Cause. Failure to adhere to any of the provisions of this agreement in material
respect shall constitute cause for termination. This agreement may be terminated with
60 days notice.
2) Disposition of Fund Monies. In the event of termination for any reason, monies made
available to the Corporation but not expended in accordance with this agreement shall be
returned to the Ci ty .
ARTICLE VI. NOTICE
.' Any notice required or permitted to be given by the provisions of this agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand delivered to
such party at the address indicated below (or at such other address as such party shall specify
to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the
fifth (5th) business day after the day on which such notice is mailed and properly addressed.
1)
If to Corporation, addressed to:
Jolley Trolley Transportation of Clearwater, Inc.
706 Bayway Boulevard
Clearwater, FL 34630
Attention: Herbert W. Leonhardt
2)
If to City, addressed to :
City Manager
P.O. Box 4748
Clearwater, FL 34618
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ARTICLE VU. EFFECTIVE DATE
The effective date of this agreement shall be as of the
day of
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of
, 1993.
Countersigned :
Mayor-Commissioner
Approved as to form and correctness:
M.A. Galbraith, Jr., City Attorney
Witness as to Corporation
5
CITY OF CLEARWATER, FLORIDA
By:
City Manager
Attest:
Cynthia E. Goudeau, City Clerk
By:
President
Attest:
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Route and Schedule
Monday through Sunday
Acacia &
Bay Pier 60
Es lanl1de
9:55 AM 10:00 AM
10:30 10:35
11 :00 11 :05
11 :30 11 :35
12:15 PM 12:20 PM
12:45 12:50
1 : 15 1 :20
1:45 1:50
2:15 2:20
2:45 2:50
3:15 3:20
4:00 4:05
4:30 4:35
5:00 5:05
5:30 5:35
6:00 6:05
6:30 6:35
7:00 7:05
7:30 7:35
8:00 8:05
8:30 8:35
9:00 9:05
9:30 9:35
10:00@ 10:05@
10:3O@ 10:3b@
11 :OO@ 11 :05@
11 :30@ 11 :35@
rates at these
Sheraton
Sand Key
10:15 AM
10:45
11 :15
11:45
12:30 PM
1:00
1:30
2:00
2:30
3:00
3:30
4:15
4:45
5:15
5:45
6:15
6:45
7:15
7:45
8:15
8:45
9:15
9:45
1 0: 15@
1 0:45@
11 : 15@
11 :45@
da and Saturda
Sheraton
Sand Key
10:15 AM
10:45
11 :15
12:00 PM
12:30
1:00
1:30
2:00
2:30
3:00
3:45
4:15
4:45
5:15
5:45
6:15
6:45
7:15
7:45
8:15
8:45
9:15
9:45
10:15@
10:45@
11 : 15@
11 :45@
ONLY
Pier 60
Acacia &
Bay
&de
10:30 AM
11 :00
11:30
12:15 PM
12:45
1:15
1:45
2:15
2:45
3:15
4:00
4:30
5:00
5:30
6:00
6:30
7:00
7:30
8:00
8:30
9:00
9:30
10:000
10:30@
11 :OO@
11 :30@
12:00 AM@G
10:20 AM
10:50
11:20
12:05 PM
12:35
1:05
1:35
2:05
2:35
3:05
3:50
4:20
4:50
5:20
5:50
6:20
6:50
7:20
7:50
8:20
8:50
9:20
9:50
10:2O@
10:50@
11 :20@
11 :50@
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Route and Schedule
Mondey through Sunday
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, I Clv'c Center Contw C.n1M Civic Centllr
.
10:15 10:20 10;30
10:30 1 0~35 10:45 10:45 10:50 11 :00
11:00 11:05 11 :15 11:15 11:20 11 :30
11:30 11 :35 11:45 11:45 11:50 12:00
12:00 1 2~O5 12:15 12:15 12:20 12:30
12:30 12:35 12:45 12:45 12:50 1;00
1;00 1:05 1 :15 1:15 1:20 1:30
1:45 1:50 2:00 2:00 2:05 2:15
2:15 2:20 2:30 2;30 2:35 2:45
2:45 2:50 3:00 3:00 3:05 3:15
3:15 3:20 3:30 3:30 3:35 3:45
3:45 3:50 4:00 4:00 4:05 4:15
4:15 4:20 4:30 4:30 4:35 4:45
4:45 4:50 5:00 5:00 5:05 5:15
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6. WHEEL.CKAlR ~RVlCa P"'OV1Dt:O
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TROLLEY SYSTEM FUNDING AGREEMENT
This Trolley System Funding Agreement is made and entered into this day of ,
1993 between the City of Clearwater, hereinafter referred to as the City, and the JOLLEY
TROLLEY TRANSPORTATION OF CLEARWATER. INC.. a Florida non-profit corporation,
hereinafter referred to as the Corporation.
ARTICLE I. TERM
The term of this agreement shall be for a period of 3.4 months commencing on the 1st day of
December, 1993 and continuing through the 30th day of September, 1996, (the Tennination
Date), subject to annual budgetary appropriation, unless earlier terminated under the terms of
this agreement.
ARTICLE II. RESPONSmILITIES OF THE CORPORATION
1) . Services to be Provided. The Corporation shall provide the transportation services
basically described as trolley service on Clearwater Beach, Island Estates and Sand Key,
and service from the beach to downtown Clearwater; and more fully described in the
Agreement bctwccn the Corporation and thc Pinellas Suncoast Transit Authority attached
Exhibit A. If the Corporation decides to make any changers). they will give the City
two weeks notice prior to the change(s) in accord with Article III of this agreement.
2) Scheduled Reports of Agency Activities. The Corporation shall furnish the City with
an annual management report of activities conducted under the provisions of this
agreement within sixty days of the end of the Corporation's fiscal year and a financial
audit certified by an independent Certified Public Accountant within ninety days of the
end of the fiscal year. The fmancial report is to set forth the total cost of operations
provided, and the detailed account of operational costs funded by the City funds
provided.
3) Use and Disposition of Funds Received. Funds received by the Corporation from the
City shall be used to pay for expenses attendant to the operation of the Trolley System.
Funds existing and not used for this purpose at the end of the term of this agreement
shall be deemed excess to the intended purpose and shall be returned to the City.
Notwithstanding the foregoing. any funds remaining at the end of any fiscal year during
the term hereof shall remain in the possession of the Corporation for the term of this
Agreement to fund any shortfall in a subsequent funding year. The City will be advised
Qf the excess funds amount as a part of the fiscal year report that is required to be
fumishe(l each year by the Corporation to the City so that such excess amount can be
consigered prior to the City's determination of the amount to be funded for the next
ensuing fiscal year.
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4) Creation, Use and Maintenance of Financial Records.
a) Creation of Records. The Corporation shall create, maintain and make
accessible to authorized City representatives such financial and accounting
records, books, documents, policies, practices and procedures necessary to reflect
fully the financial activities of the Corporation. Such records shall be available
and accessible at all times for inspection, review or audit by authorized City
personnel.
b) Use of Records. The Corporation shall produce such reports and analyses that
may be required by the City and other duly authorized agencies to document the
proper and prudent stewardship and use of the monies received through this
agreement.
c) Maintenance of Records.. All records created hereby are to be retained and
maintained for a period not less than five (5) years from the close of the
applicable fiscal year.
5) Non-discrimination. Notwithstanding any other provision of this agreement, the
Corporation for itself, agents and representatives, as part of the consideration for this
agreement does covenant and agree that:
a) No Exclusion from Use. No person shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to discrimination in the operation
of this program on the grounds of race, color, religion, sex, handicap, age or
national origin.
b) No Exclusion from Hire. In the management, operation, or provision of the
program activities authorized and enabled by this agreement, no person shall be
excluded from participation in or denied the benefits of or otherwise be subject
to discrimination on the grounds of, or otherwise be subjected to discrimination
on the grounds of race, color, religion, sex, handicap, age, or national origin.a
consistent with the provisions of the Corporation insurance contract as the same
may change from time to time.
c) Inclusion in Subcontracts. The Corporation agrees to include the requirement
to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved
sub-contracts.
d) Breach of Non-discrimination Covenants. In the event of conclusive evidence
of a breach of any of the above non-discrimination covenants, the City shall have
the right to terminate this agreement.
6) Liability and Indemnification. The Corporation shall act as an independent contractor
and agrees to assume all risks of providing the program activities and services herein
agreed and all liability therefore, and shall defend, indemnify, and hold harmless the
City, its officers, agents, and employees from and against any and all claims of loss,
liability and damages of whatever nature, to persons and property, including, without
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limiting the generality of the foregoing, death of any person and loss of the use of any
property, except claims arising from the negligence or willful misconduct of the City or
City's agents or employees. This includes, but is not limited to, matters arising out of
or claimed to have been caused by or in any manner related to the Corporation's
activities or those of any approved or unapproved invitee, contractor, subcontractor, or
other person approved, authorized, or permitted by the Corporation whether or not based
on negligence.
ARTICLE ill. RESPONSmILITIES OF THE CITY
1) Grant of Funds for Operations. The City agrees to provide a total of $310,000 in
fiscal 1993/94 to fund in part the operational costs incurred in providing the activities and
services authorized by this agreement as follows:
An annual amount of $210,000 (payable in equal payments of 1/12 per month)
will be paid for providing trolley service on Clearwater Beach and Sand Key
based on the Corporation meeting the route schedule attached as Exhibit A. Thi~
payment will coincide with the beginning of this service, tentatively schedul~d to
begin January 1, 1994.
An annual amount of $100,000 (payable in equal payments of 1/12 per month)
will be paid for providing trolley service between Clearwater Beach, Island
Estates and the Downtown area based on the Corporation meeting the route
schedule attached as Exhibit A. This payment will coincide with the beginning
of this service. tentatively scheduled for January 1. 1994.
The Corporation agrees to maintain a driver' s log and a check point system to
document compliance with the agreed upon schedule. Changes to these attached
s~hedules are at the discretion of the Corporation Board of Directors. but will be
submitt~ to the City at least two weeks prior to implementation. Any change. or
series of changes. which will cause more than a 25 % reduction in the routes may,
(\t the discretion of the City Commission. be considered failure to adhere to the
terms of the contract and may be grounds for reducing the funding commitment
or may be considered cause for termination of the contract.
Funding in subsequent years is dependent on the City Commission approved annual
budgetary appropriations.
2) Payments. The annual amount authorized will be paid by the City to the Corpomtion
ia t'.\'clve (12) equal installments, Wld remitted to the Corporation no later than the fifth
of each month beginning in , 19_.
n
Grant of Funds for Vehicle Maintenance. The City agrees to provide $50,000
annually toward the cost of maintaining the trolley vehicles. to be paid in equal payments
Qf 1/12 per month. except that for the 1993/94 fiscal year the City will provide a lump
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sum of $50,000 on December 15, 1993 to allow the repair and restoration of the trolley
vc:hicl~s prior to inception of the service described above.
J.l
Fundin~ in SubseqJlent Years. Funding in subsequent years is dependent on the City
C9tlJmission approved annuaLbudgetaIy appropriation. Notice of intention by the City
to decrease the funding level must be provided to the Corporation at lease 60 days before
the beginning of the fis~ year.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may
not be changed, modified or discharged except by written Amendment duly executed by both
parties. No representations or warranties 'by either party shall be binding unless expressed
herein or in a duly executed Amendment hereof.
ARTICLE V. TERMINATION
1) For Cause. Failure to adhere to any of the provisions of this agreement in material
respect shall constitute cause for termination. This agreement may be terminated with
60 days notice.
2) Disposition of Fund Monies. In the event of termination for any reason, monies made
available to the Corporation but not expended in accordance with this agreement shall. be .
returned to the City.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions of this agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand delivered to
such party at the address indicated below (or at such o,ther address as such party shall specify
to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the
fifth (5th) business day after the day on which such notice is mailed and properly addressed.
1)
If to Corporation, addressed to:
Jolley Trolley Transportation of Clearwater. JncL
706 Baywa,y Boule.Yml
Clearwater , FL 34630
Attention: Herbert W. Leonhardt
2)
If to City, addressed to :
City Manager
P.O. Box 4748
Clearwater, FL 34618
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ARTICLE vn. EFFECTIVE DATE
Tbeeffective date of this agreement shall be as of the
day of
, 19_.
Mayor-Commissioner
City Manager
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of
, 1993.
CITY OF CLEARWATER, FLORIDA
Countersigned :
By:
Approved as to form and correctness:
Attest:
. M~A. Galbraith, Jr., City Attorney
Cynthia E. Goudeau, City Clerk .'
Witness as to Corporation .
By:
President
Attest:'
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ft: 34
CITY OF CLEARWATER
Interdepartmental Correspondence
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COPIES: Michael J. Wright, City 'Manager
Elizabeth Deptula, Assistant City Manager
M. A. Galbraith, Jr., City Attorney
TO: Mayor and Commissioners
FROM: Cynthia E. Goudeau, City Cler@
SUBJECT: Changes to Trolley Proposal
DATE: November 16, 1993
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The following changes are to be made to the proposal distributed to YOll by the Trolley
Corporation:
1) Page 1 - paragraph numbered 1 - 4th line change $25,000 to $30,000.
2) Page 1 - paragraph numbered 4 - add to the end of the first sentence, "in subsequent
years. "
3) Page 5 - text at bottom of page - change $5,000 to $15,000.
If you have any questions, please let me know.
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Jolley Trolley Transportation of Clearwater, Inc.
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City Manager Michael Wright
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Front
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706 Bayway Blvd. · Clearwater Fl 34630
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PRESENTATION TO THE CLEARWATER CITY COMMISSION
PROPOSAL
JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC.
NOVEMBER 12, 1993
The following is a proforma proposal creating a non-profit corporation to provide transportation
on the Clearwater islands and downtown utilizing Jolley Trolley vehicles. The transportation
system will be up and running on January 1, 1994, operating three (3) trolleys.
The Board of Directors is made up of two (2) members each selected by the Island Estates Civic
Association, the Downtown Clearwater Association and the Sand Key Civic Association, three
(3) members of the Clearwater Beach Association, one (1) member of the City of Clearwater -
City Manager or designee, and the Executive Director of the PST A, or his designee.
1. Three (3) Jolley Trolleys currently in the PSTA system will be leased to the non-
profit corporation (hereinafter referred to as "the corporation") at an annual fee
of $1.00 per each vehicle. The oldest of ~e vehicles (1985) is in need of
overhaul which we estimate will cost about ~OOO. The City will advance the
Corporation the lump sum of $50,000 on December 15, 1993 for annual
maintenance and to allow repair and restoration of trolley vehicles prior to
inception of service.
2. The City will provide the Corporation with $210,000 annually distributed 1/12
per month to be used to pay for expenses attendant to the operation of the Beach
route. This amount is the current fee paid to PST A to operate the Beach/Sand
Key route employing one (1) trolley. The Corporation will operate two (2)
trolleys on this route offering service at 15 minute intervals rather than the
current 30 minutes. Trolley #1 starts January 1, 1994. Trolley #2 starts when
the overhaul is completed on the older used trolley that is in storage.
3. . The City shall also provide $100,000 annually for expenses attendant to the
operation of the Downtown route. It is the fee PSTA charged to operate this
route and will be distributed 1/12 per month. This service will be provided by
one (1) trolley per the attached schedule with a turn around point starting at'the
PST A terminal on Park Street. Trolley #3 for the downtown route, starts January
1, 1994.
4. An additional $50,000 will be paid to the Corporation for maintenance performed
by the C~EE.~~ati~ The distribution will be made 1/12 per month. .
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Jolley Trolley Transportation of Clearwater, Inc.
November 12, 1993
Page Two
5. Funding in subsequent years is dependent on the City Commission approved
annual budgetary appropriation. Notice of intention by the City to decrease the
funding level will be provided to the Corporation at least sixty (60) days prior to
the beginning of the fiscal year. The City will be advised of excess funds
indicated by the Corporation I s fiscal year report to the City so that such excess
can be considered prior to the City's determination of the amount to be funded
for the next ensuing fiscal year.
6. In order to improve and expand trolley service, the Corporation intends to
approach the City Commission within sixty (60) days after the first day of
operation to request the City to purchase on a cash basis two (2) new trolleys.
Several alternatives have been explored and the Corporation currently leans
toward a handicap friendly, natural gas powered vehicle. Prices have not been
firmed but could run as high as $235,000 each. As a comparison, the current
trolleys purchased in 1991 cost $177,000 each and have distinct disadvantages
relative to the aforementioned vehicles. The Corporation will pay the City
monthly rental payments equal to the debt service (principal and interest) paid by
the City for the purchase of the vehicles. The City shall be the owner of the
vehicles. The tenn of the lease will be for ten (10) years.
7. We intend to order four (4) trolleys at that period of time stated in item #6; two
(2) trolleys by the City of Clearwater to be leased to the non-profit corporation.
The other two (2) trolleys are to be ordered through PST A, which will have 20 %
down from the City and the 80 % will come from federal funds. Those will be
leased to the non-profit corporation by PST A for $1.00 per year. The
Corporation will give the City of Clearwater the down payment when it is due
from the City to PST A. That way, there will be no conflict on the direct lease
from PST A to the non-profit corporation. The City will merely act as a conduit
for the down payment in order to establish federal funds for those two (2)
trolleys. The other two (2) trolleys that are direct purchase from the
manufacturer by the City and leased to the non-profit corporation will be
delivered within four (4) to six (6) months. That will give the Corporation two
(2) more trolleys by summertime. The trolleys ordered through PSTA and the
federal government take twelve to eighteen months to receive. Therefore, those
two (2) trolleys will come on stream somewhere by January, 1995 to June, 1995.
In the event the City wants more transportation during the shutdown of the Sand
Key Bridge, that planning should be done no later than March, 1994, because the
non-profit corporation wishes to order those trolleys through PST A for the $1.00
per year lease program. It is estimated an additional two (2) trolleys will be
needed to be permanently stationed on Sand Key during the Bridge shutdown.
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Jolley Trolley Transportation of Clearwater, Inc.
November 12, 1993
Page Three
8. Fuel for current operations will be purchased from the City at its cost plus 1 % -
2 % to cover administration costs. Today's fuel cost is 70 cents per gallon.. The
Corporation'5 net cost is assumed to be 71 1/2 cents per gallon.
9. It is the Corporation's intent to hire part-time drivers. PSTA indicates that there
are far more applicants applying for open part-time positions than are available.
The hourly rate to be offered is $6.00, which translates to an hourly cost to the
Corporation of $7.56, which includes Social Security Tax, Workmen's
Compensation Insurance and Unemployment Insurance (State and Federal).
PST A will provide training.
10. Insurance on the three (3) trolleys will be paid by the Corporation. It includes
liability of $1,000,000 for a combined single limit, personal injury protection of
$10,000, medical payments of $2,000, uninsured motorist coverage of $25,000
per person/$50,OOO per accident, and comprehensive and collision damage on
current trolley value of $370,000.
11. The Corporation will employ an Executive Director and an assistant, at a total
salary expense of $58,507, including benefits ($35,000 and $18,000 base pay,
respectively).
12. The Corporation will charge a ridership fee of 25 cents. Coin collecting
equipment will accept all coins and tokens. There will be no transfers. Tokens
will be struck at an estimated cost of 12 1/2 cents each. They will have raised
characters depicting the trolley on one side and perhaps the City Seal on the
other. It is hoped that tourists will take a number of tokens home as souvenirs
of their trip to Clearwater. Tokens will be offered at slightly reduced prices to
motels and shops for give-aways by businesses. A special coin packaging
machine will be purchased to package tokens in various numbers. Coins and
tokens will be automatically counted at the trolley office and total revenue and
ridership figures recorded.
13.. The Corporation will require space at the Memorial Civic Center for its office.
We propose leasing for $1.00 per year the hallway which runs east to west
immediately adjacent to the Welcome Center and the library. This area will be
secured and remodeled at an estimated cost of $5,000. This terminal will service
the anticipated 300,000 passengers who will use the trolley service in 1994 and
enrich the Corporation to the extent of $80,000. The Jolley Trolley non-profit
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corporation would like to build a large covered bench outside of the Memorial
Civic Center so passengers waiting for trolley pickup and exchange can be out of
the sun and even rain while waiting for the trolley. This cost is estimated at
$7,500. It is to follow the tropical seascape theme. Additionally, there is a
$2,500 estimated cost for printing new signs to be placed throughout the trolley
pickup district that are more graphically exciting depicting the Jolley Trolley
pickup spot. The total cost of the renovation of the Memorial Civic Center
outside benches, designed in a tropical seascape theme, and the new signage is
$15,000.
Jolley Trolley Transportation of Clearwater, Inc.
November 12, 1993
Page Four
14. The Corporation will design and construct attractive signs indicating trolley stops
with posted schedules, and attire its drivers with shirts and hats reflecting the
tropical, holiday and festive environment of the Beach and Clearwater. In time
we intend to sell our shirts to the public as a revenue generating activity. The
driver's uniform will be supplied by the Corporation, while the employee will
provide their own prespecified design pants or shorts and shoes that are also of
a holiday festive nature.
15. The Corporation will create, maintain and make accessible to the City, such
financial and accounting records necessary to reflect fully the financial activities
of the Corporation.
16. The Corporation will, at the time it asks the City to purchase two (2) new
trolleys, also petition the PSTA to order two (2) additional trolleys through the
Federal program, which provided the most recent vehicles. Since 80% will be
paid by the government, the Corporation will be prepared to compensate the City
for its 20 % share. Further details of the new vehicles will be offered at, or
before the time of the request. When the new trolleys are available, the 1985
trolley will be employed as a spare eliminating the need to rent equipment and
reduce operating costs by an estimated $8,564 annually. It is estimated that the
additional equipment will service 600,000 riders, assist in accommodating
residents while the Sand Key Bridge is closed to traffic, provide transportation for
Downtown events and carry Empress Cruise Line patrons from downtown parking
areas to the embarkation point.
17. The incorporators and directors of Jolley Trolley Transportation of Clearwater,
Inc. are all non-paid volunteers, who are donating their time and efforts to
making this system a successful venture. No one will benefit financially because
of his or her association with the Corporation. Their mission is to provide
downtown Clearwater and the Islands with the finest tourist transportation system
in the Country. .
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Jolley Trolley Transportation of Clearwater, Inc.
November 12, 1993
Page Five
STATEMENT OF SOURCES AND USES OF FUNDS
SOURCES
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1. City of Clearwater - Beach Route $210,000 '"
City of Clearwater - Downtown Route 100,000 .' .': I
City of Clearwater, Maintenance 50,000 " :,.
City of Clearwater, Office Loan 15,000
Passenger Revenue 80.000
Total of all sources $455,000
USES
1. Labor, Drivers, incl. taxes & ins. $ 95,921
2. Fuel Cost, 26,102 gals @ .7105 18,546
3. Maintenance Cost, 159,224 miles @ .28 44,583
4. Insurance Cost, Liab., P.1., Med., etc. 51,085
5. Administrative Cost, Salaries, Soc. Sec. 58,507
.6. Office and Capital Equipment 44,870
(includes furnishings & coin equipment)
7. Office Remodeling - signs - covered benches 15,000
8. Vehicle Rentals, additional vehicles for
breakdowns & out of service maintenance 8,564
9. 1985 Trolley Overhaul 30,000
10. Trolley Deposit to City 80.000
Total of all uses $447,076
Surplus! (Deficit) $ 7,924
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Total extraordinary expenses
$ 30,000
36,870
3,000
~ 15.000.
$ 84,870
Disposition of Surplus Funds
These funds will be applied to current contingencies.
EXTRAORDINARY EXPENSES (START-UP, 1994)
1.
2.
3.
4.
Trolley Overhaul
Capital Equipment
Office Equipment
Office Remodeling - Signs and Benches
These costs associated with starting up will not be required in subsequent years.
The loan of $S,OOQ for office construction will be repaid at an annual rate of
simple interest of 6.0%. The loan will be paid within two (2) years.
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CITY OF CLEARWATER
INTEROFFICE CORRESPONDENCE SHEET
TO:. Mayor and City Commission
FROM: Betty Deptula, Assistant City Manager
COPY: Michael J. Wright, City Manager
SUBJECT: Jolley Trolley Agreement
DATE: November 17, 1993
, . .
After further discussion with the City Attorney the following wording change is suggested to the
Trolley agreement that you will be discussing on Thursday evening:
.. Page 2, ARTICLE II, 5), b) No exclusion from Hire.
DELETE:
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consistent with the provisions of the corporation insurance contract as the_
same may change from time to time.
except that age may be taken into consideration to the extent that the age,
of an employee is a bona fide occupational qualification.
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PRINTED ON RECYCLED PAPER
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C I T Y 0 F C LEA R \V ATE R
Intcrdepurtmcntnl Correspondence Sheet
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Mayor and Commissioners
via Michael Wright, City Manage~
Peter Yauch, City Traffic Engineer l}46L----
COPIES: William Baker, Director of Public Works
Cynthia Goudeau, City Clerk
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DATE:
November 16, 1993
FROM:
SUBJ ECT: Cleveland Street Parking
As you are undoubtedly aware, the Florida Department of Transportation and the Metropolitan
Planning Organization have approved the conceptual plan of providing parallel parking along
Cleveland Street between Myrtle and Osceola Avenues. A copy of the engineering report I
prepared is attached. We are now preparing the plans and permit materials for FDOT Special
Use Permit applications.
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The project will have the following key points:
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Approximately sixty-two (62) on-street parking spaces will be provided between
Myrtle and Osceola. In this area, Cleveland will have one through lane in each
direction, with a left turn lane down the center. Through lane widths will be 11 V2
feet in width, an improvement over the existing 10 foot wide lanes. The existing
landscaped median islands will be removed, and the pavement overlaid with
asphalt.
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An improvement to the westbound to southbound left turn storage bay on Court
Street at Missouri Avenue will also be required. This is to offset some of the
effects of shifting some traffic to the Court I Chestnut Street corridor.
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The southbound through and left turn lane at the Bayfront intersection (Pierce
Blvd., Drew Street, Cleveland Street, and Memorial Causeway) will be eliminated,
thus simplifying the operation of the signal and providing more green time for
beach traffic. To provide a "downtown to southbound Pierce Blvd." access, for
the Pierce 100 residents, a westbound to southbound left turn lane will be added
on Cleveland Street.
The City Manager has requested that I present this plan for implementing parking on Cleveland
Street to you at the November 18 City Commission meeting.
I anticipate two issues for further discussion with the Commission -- to confirm whether the new
parking spaces should be free or metered, and to determine how the overhead signing on Gulf
To Bay (near Crest Lake Park) should be modified. I will be providing further information and
options during my presentation at the Thursday night meeting.
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CLEVELAND
STREET
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60
REQUEST FOR ON-STREET PARKING.
ENGINEERING ANALYSES
'Prepared for:
Florida Department of Transportation .
District Seven
Tampa, Florida ,
. Prepared by:
eCITY OF CLEARWATER
Department of Public Works
Transportation Group
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Submitted: August, 1993
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TABLE OF CONTENTS
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EXECUTIVESUMMARY ............. ..........................2
INTRODUCTION II II . . . . II . . . . II . . . . . . II . . . . . . II . . . . II II . . . . II . II II II . . . . 3
PREVIOUS STUDIES ......... II II . . . . II II II . . . II . II . . II II . . . . . II . . II II . II II . 5
DOWNTOWN'S CLEVELAND STREET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Existing Cross Section II . . . II . . II II . II . II . . II . II . . . . . . . . II . II . II . . . . II . II . 7
Proposed Cross Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
CAPACITY ANALYSIS METHODOLOGY ........................... 16
Data. Sources .. II II II . . II . . II . II II . . II . II . II . II . . II . II II . II . II . . . II II II . II .. 16
Engineering Assumptions ................................... 16
Diversion Level Assumptions ................................. 17
CAPACITY ANALYSES ....................................... 18
Cleveland St/Drew St/Pierce Blvd/Memorial Causeway ................. 18
Cleveland Street I Osceola A venue ............................. 20
Cleveland Street I Ft. Harrison Avenue ........................... 20
Cleveland Street I Garden A venue .............................. 22
Cleveland Street I East Avenue ................................ 22
Cleveland Street I Myrtle A venue .............................. 22
Cleveland Street I Greenwood Avenue . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
Cleveland Street I Missouri Avenue ............................. 22
Cleveland Street I Lincoln Avenue .............................. 23
Cleveland Street I Gulf To Bay Boulevard ......................... 23
Gulf To Bay Boulevard / Hillcrest A venue ......................... 23
Court Street / Oak A venue .................................. 23
Court Street / Fort Harrison Avenue ............................ 23
Court Street / Myrtle Avenue ................................. 23
Chestnut Street / Oak A venue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
Chestnut Street / Fort Harrison Avenue ...... . . . . . . . . . . . . . . . . . . . .. 24
Chestnut Street / Myrtle A venue ............................... 24
Court Street I Greenwood Avenue .............................. 24
Court Street / Missouri Avenue ............................... 26
Court Street / Hillcrest Avenue ................................ 26
Court Street / Gulf To Bay Boulevard / Highland A venue ............... 26
Effects of Varying Diversion Levels on Capacity Analyses . . . . . . . . . . . . . . . . . .. 26
SAFETY . II . II . II II . . . . . . II II . . II . . . . . II II II II . . . . . . . . . II II . . . II II II II . . . . 27
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CONCLUSIONS II II II . . II . . II . . II II . II . . . II . . . . . . II II II . II II II II . . . II . . . . . .29-30
FIGURES
Figure 1 - Downtown Clearwater ................................... 4
Figure 2 - Existing Cross Section '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Figure 3 - Parking Stall Dimensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
Figure 4 - Proposed Cross Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
Figure 5 - Cleveland Street Corridor ............................... 12-15
Figure 6 - Level of Service Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
Figure 7 - "Bayfront" Intersection ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Figure 8 - Chestnut Street I Oak A venue ............................. 25
Figure 9 - Accident Histories .................................... 28
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TABLE
Table 1 -- Average Daily Traffic Comparisons . . . . . . . . . . . . . . . . . . . .. . . . . . . 6
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APPENDICES
Appendix A - Highway Capacity Analyses ......................... AI-A24
Appendix B - Fort Harrison Avenue / Myrtle Avenue ................... BI-B6
Appendix C - Highway Capacity Analyses of Varying Levels of Diversion . . . . . . . CI-C3 I.
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CLEVELAND STREET - ON-STREET PARKING
EXECUT1VES~Y
In May 1993, Clearwater City Comrnission voted to request the Florida Department
of Transportation (FDOT) to relocate the designation of State Route 60 through downtown
. from Cleveland Street to the Court Street / Chestnut Street corridor. This action was seen
as the only means of restoring curbside parking on. Cleveland Street, which had been
removed by FDOT during a widening project in the early 1970s. FDOT has indicated that
. they will postpone a decision on the City's request for redesignation until the future of
Cleveland Street, as part of a one way corridor with Drew Street, Q.as been resolved by the
currently underway Drew Street PD&E (preliminary Design and Environmental) study.
However, FDOT has agreed to revisit the question of allowing on-street parking on
Cleveland Street, while still under FDOT jurisdiction. The City was asked to provide
documentation showing that the capacity and safety of east-west corridors through downtown
would not be adversely affected.
This report provides an overview of the planned implementation of parking, and
capacity analyses, using nationally accepted Highway Capacity Manual - based software,
. for existing and proposed scenarios for each signalized intersection along the two corridors.
'These capacity analyses show that there should not be significant overall impact on the
. corridors, but identifies some operational improvements to help minimize localized impacts.
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CLEVELAND STREET - ON-STREET PARKING
INTRODUCTION
Cleveland Street through downtown Clearwater has long been designated State Route
60, meaning that its operation and maintenance is controlled by the Florida Department of
Transportation (FDOT). The main route to Clearwater Beach, State Route 60 has always
carried significant levels of traffic. Figure 1 shows a map of the downtown area.
In the late 1960's and early 1970's, recurring congestion on sunny "beach" days was
commonplace, resulting in the replacement of the Memorial Causeway drawbridge
(providing four lanes instead of two); the construction of the bypass "downtown loop", or
Pierce Boulevard, which connected a new one way pair (Court and Chestnut Streets) with
Memorial Causeway; and the widening and removal of on-street parking from Cleveland
Street, which provided for left turn storage lanes.
Since that time, the restoration of on-street parking as been frequently discussed as
a means of revitalizing downtown. Some of the long time downtown merchants associated
the removal of Cleveland Street's parking with the beginning of the decline of the downtown
business district. Many feel that the traffic headed toward and from Clearwater Beach will
not make" spur-of-the-moment" stops because of the lack of immediately available parking.
Previous requests to the FOOT to restore parking have been denied, citing safety and
capacity concerns.
By relocating State Route 60, many local business leaders reasoned, control of
Cleveland Street would revert to the City, thus allowing the implementation of on-street
parking on Cleveland Street. This plan has been debated for the past fifteen to twenty
years. However, in May of this year, Clearwater City Commission voted to request the
FDOT to. initiate the redesignation process, to allow the City of Clearwater to gain
jurisdictional control of Cleveland Street through downtown.
The FDOT indicated it would consider the request, but wanted the City to
demonstrate that the roadway capacity on the Court / Chestnut corridor was adequate to
accommodate the anticipated shift in traffic. Complicating the FDOT's review of the
request is the currently underway Drew Street Preliminary Design and Environmental
(PD&E) study. City Commission had earlier supported the widening of Drew Street as a
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high transportation priority, concerned about east-west access across town and recognizing
that Gulf To Bay Boulevard could not be widened beyond its current six lane cross section,
and funded the study as a "seed" for acceleration of the project in the FOOT work program.
Early in the PD&E study, the FOOT, anticipating the Federal Highway
Administration's (FHWA) review of the study, required the consideration of Cleveland
Street as part of a Drew Street / Cleveland Street one way pair system. One way pair
systems often provide greater capacity at lower construction costs, but do create limitations
on access to adjoining properties. The FHW A review process looks at corridors, not just
single alignments, so Cleveland Street was appended to the Drew Street study.
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The FDOT has indicated that it would not make a decision regarding the City's
request to relinquish Cleveland Street until the one way pair option has been eliminated
from the PD&E process. With the recently released preliminary construction cost estimates
showing significant cost savings by utilizing a one way pair system, the option may not be
easily eliminated from the PD&E study.
Recent discussions about a new high level bridge, to replace the current Memorial
Causeway bascule bridge, have also entered the picture, as far as FDOT is concerned. A
new bridge would have three primary "landing points" on the Clearwater mainland --
aligning with Court / Chestnut Streets, Cleveland Street, or Drew Street. Again, the FDOT
is concerned about maintaining options for the future, and may postpone an actual decision
on the State Route 60 alignment until more is known about the bridge project.
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While the FDOT will delay on a decision to redesignate State Route 60, they have
agreed to reconsider the feasibility of on-street parking, again assuming the City can
demonstrate the adequacy of roadway capacity on alternate routes. The purpose of this
,report, therefore, is to identify the basic components of the parking plan and show that
sufficient capacity exists on the Court / Chestnut corridor to accommodate the shift in traffic
expected by the redesignation process.
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As was noted previously, the feasibility of providing on-street parking on Cleveland
Street has been addressed several times. Two significant studies on the plan were
performed for the FDOT by traffic engineering consultants; one in 1979, which addressed
the State Route 60 relocation; and the other in 1987, which evaluated the feasibility of on-
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street parking for Cleveland Street without looking at the Court I Chestnut corridor.
The 1979 study, conducted by Kimley-Horn and Associates, Inc., of Tampa, looked
at seven alternatives, which included combinations of sections of Drew Street, the Court I
Chestnut corridor, and Pierce Street (past City Hall) to carry diverted traffic. The preferred
alternate called for the Court / Chestnut corridor to be designated State Route 60, but also
proposed a downtown one-way pair of Pierce Street and Cleveland Street, with a new
connector road tying Pierce and Cleveland Streets together to the east of the downtown core
(east of Myrtle Avenue).
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An interesting detail is the comparison of traffic volumes from the 1979 report with
current year volumes. As shown in Table 1, volumes through the downtown core have
dropped significantly over the past 14 years; traffic on the Court / Chestnut corridor have
increased slightly. While this may indicate the decline of the downtown area, the reduced
volumes do provide for an improved roadway capacity utilization scenario for this study.
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Table 1 -- Average Daily Traffic Comparisons
Count Location II 1979 Count 1993 Count I Change
Memorial Causeway 33,840 30,530 -9.8 %
Cleveland, E of Garden 20,220 17,150 -15.2 %
Drew, E of Ft. Harrison 13,864 9,440 -31.9 %
Court / Chestnut, 17,020 17,527 +3.0 %
At Ft. Harrison
Court, E of Hillcrest 25,075 26,175 +4.4 %
Gulf To Bay, N of Court 25,125 17,880 -28.8%
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The 1987 study was prepared as a work task of the FDOT District Traffic Operations
Studies project, by Hensley-Schmidt, Inc., and looked at four scenarios for providing
parallel parking along the south curb line of Cleveland Street. Four, ten-foot wide lanes of
traffic, in various combinations of through and left turn lanes, would be provided along with
a ten foot wide parking lane. This study concluded that on-street parking was not feasible
because of a significant impact on the safety and efficiency of the street.
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DOWNTOWN'S CLEVELAND STREET
In 1991, the City Traffic Engineer brought forth a citizen's proposal to again
reconsider the parking issue. Building upon the two previous studies, it was recommended
that parking on Cleveland Street not be implemented unless capacity constraints on the Court
/ Chestnut corridor were resolved.
The focal point of this project is Cleveland Street through downtown. From a traffic
engineering standpoint, the cross section is a key element in determining the capacity and
quality of traffic flow. Creating on-street parking, as we propose to do, will change the
cross section of the roadway and reduce the overall capacity of the roadway.
Existing Cross Section
Cleveland Street through downtown has a pavement width of fifty feet from curb to
curb, as shown in Figure 2. Currently striped to provide five ten-foot lanes, Cleveland
Street provides for two through lanes in each direction and left turn storage lanes at most
intersections. Several raised median islands provide for landscaping and "shadowing" of
the left turn lanes.
, Ten foot lane widths are substandard -- in fact, the current FOOT standards for new
, construction, as shown in the Drew Street PD&E (preliminary Design and Environmental)
study now underway, call for 12 foot wide inside lanes and 16 foot wide curb lanes (whic~
also provide for bicycle travel). Lane width also has an impact on capacity, as narrower
lanes increase "side friction", thus reducing speeds and traffic flow.
Sidewalk widths vary, based on location along Cleveland Street. Most abut adjacent,
~uildings, with substantialltstreet-scaping", plantings, and decorative brickwork.
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Proposed Cross Section
'One of the rust issues to arise was the type of parking to be implemented. Many'
drivers abhor parallel parking -- some probably haven't parallel parked since their last
drivers' license test. However, diagonal parking generates its own concerns about visibility
and the safety of backing out into through traffic.
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Existing Cross Section
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We are proposing parallel parking for two reasons, both having to do with the
expected amount of traffic that will be traveling on Cleveland Street. Earlier plans have
shown Cleveland Street as a "semi-mall" -- low volumes and very low speeds -- similar to
the recently redeveloped Main Street in Dunedin or Central A venue in St. Petersburg.
Unfortunately, it waS immediately obvious that the Court / Chestnut corridor does not have
the excess capacity required to accommodate the significant traffic shift such a plan would
require. For on-street parking to be implemented on a short time frame, the capacity of
Cleveland Street must still be significant.
As shown in Figure 3, the dimensions of diagonal parking, even at a very shallow
angle, would consume large portions of the roadway, eliminating at least the left turn lane.
Without the left turn lanes, the capacity of Cleveland Street drops drastically, creating a
shift that would cause problems on Court / Chestnut.
A second concern, as mentioned previously, is backing out of a diagonal parking
space into oncoming traffic. Generally not a problem in parking lots, this would create a
safety concern with the number of vehicles that would still be using Cleveland Street.
Therefore, we are proposing parallel parking. However, in order to entice even
those drivers that avoid parallel parking spaces, these spaces would be extra long. FDOT's
standard "Type I" parking configuration calls for pairs of twenty foot (minimum) spaces,
separated by eight foot sections, making for an extremely "easy-in / easy-out) operation.
Where block configurations do not allow a whole number of spaces, the remaining linear
dimension will be distributed to all the spaces, making for even longer spaces.
The proposed cross section for Cleveland Street is shown in Figure 4. Parallel
parking lanes, eight feet wide, would be provided on both the north and south sides of the
road. The remaining 34 feet of pavement would be striped as 11 Ih foot wide through lanes
(one in each direction) and an 11 foot wide left turn lane. The lanes, being wider than the
existing lanes, provide greater capacity on a per lane basis, but there would be one less lane
. in each direction.
As shown in Figure 5, parking lanes would end in advance of intersections, to avoid
sight distance problems, and the cross section would transition to match existing lane
configurations at the intersection with Myrtle Avenue and at the "Bayfront" intersection
(Cleveland Street I Drew Street / Pierce Boulevard / Memorial Causeway). In addition, the
raised median islands along Cleveland Street will be removed to allow the extension of
paved left turn lanes. Bus stop positions will also be provided. Parking spaces will be
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Parking Stall Dimensions
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positioned around the existing street furniture (brick planters, trash receptacles, etc.) so that
passenger side doors can be opened. Preliminary plans show a total of 62 spaces being
provided. More details on modifications to specific intersections are provided later in this
report.
CAPACITY ANALYSIS METHODOLOGY
Capacity of a section of roadway is influenced by numerous factors -- number of
lanes and lane widths, provisions for turning vehicles, traffic signal timing, parking and bus
operations, grades, and the aggressiveness of drivers. Theoretically, a single lane of
roadway, of standard width, flat grade, and lack of interference from other factors, can
carry approximately 1,800 vehicles per hour (also known as the Saturation Flow Rate).
Should that lane pass through a signal that is green 50 percent of the time, the lane capacity
drops 50 percent, to 900 vehicles per hour.
Research over the past several decades has led to greatly improved means of
estimating capacity, documented primarily in the 1985 Highway Capacity Manual. The
advances in microcomputers led to development of software packages based on this manual;
the City of Clearwater uses a program known as HCM-Cinema. HeM-Cinema, in addition
to providing an easy-to-use interface for determining capacity for signalized intersections,
also incorporates the graphical components of the intersection simulation program TRAF-
NETSIM.
Data Sources
, .
. .
" Current traffic count data, including evening peak hour turning movement counts for ....
all signalized intersections, was taken from the Drew Street PD&E study and from the files'
of the Clearwater Traffic Engineering Division.
Engineering Assumptions
In any determination of capacity or simulation of traffic, certain assumptions must
be made. First is the Saturation Flow Rate; this study used 1,800 vehicles per hour of
green (vphg), a mo~e conservative rate than the 1,850 vphg used in the Drew Street PD&E
study.
16
~'- '.' " ~
'" ~. "
Heavy trucks have a significant impact on traffic flow; in general, downtown
Clearwater does not have high numbers of trucks, so a value of 2 percent, which coincides
with the 1979 study, was used in the capacity analyses. While transit buses also have an
impact on the quality of traffic flow, bus usage along the downtown corridors is low enough
to eliminate their consideration in the capacity process. Both of these assumptions also
agree with the Drew Street PD&E methodology.
Pedestrians in crosswalks interfere with the flow of turning vehicles. Pedestrian
volumes were estimated on a per intersection basis, with the highest concentrations being'
along the west end of Cleveland Street and at East A venue, near the Post Office.
Parking operations also cut down on traffic flow. For the analysis of capacity with
curbside parking in place, a very high rate of 15 parking maneuvers per hour, within 250
feet of the intersection on the Cleveland Street approaches, was used. This should result
in a very conservative view of the capacity of the two lane Cleveland Street.
Diversion Level Assumptions
The 1979 study, through a detailed Origin and Destination study, showed that
approximately 70 percent of all traffic on Cleveland Street through the downtown core was
through traffic. With the relative decline of downtown since 1979, it is appropriate to
recognize that through traffic percentages have increased. In addition, the 1979 study found
that 19 percent of drivers on Cleveland Street were simply following the State Route 60
signs.
Based on these values, it was assumed for this study that approximately 20 percent
, , . of. the through traffic could be diverted to the Court / Chestnut corridor through minor
signing changes and drivers' local knowledge of the reduced capacity of the downtown
section of Cleveland Street. The east-west through movement counts at the intersection of
Cleveland and Fort Harrison w~re assumed to be representative of the through movements '
of the corridor, and were reduced by the 20 percent factor. The same numbers of vehicles
per hour were then added to, or subtracted from, the appropriate movements of the other
intersections being evaluated.
It should be noted that higher diversion levels were assumed in some previous
studies; in general, these assumed a "pedestrian mall" type of low volume facility. .
17
,\
:!
CAPACITY ANALYSES
The HCM-Cinema program was used to evaluate the evening peak hour at each
signalized intersection. Where capacity constraints made the estimated level of diversion
significantly degrade the Level Of Service, intersection modifications have been proposed.
Each intersection is reviewed below; summary sheets for the HeM -Cinema outputs are
provided in Appendix A, and existing and proposed Levels of Service are shown in the
intersection headings and Figure 6.
The Memorial Causeway drawbridge operation has significant impacts on most of
the intersections on the west side of downtown. These capacity analyses have not modeled
the effects of the drawbridge; however, a comparison of the relative operation of both the
existing and proposed cases should provide an indicator of the expected operation during
drawbridge operations.
Cleveland Street I Drew Street / Pierce Boulevard / Memorial Causeway (LOS B I B)
The "Bayfront" intersection, operating alone, does not have capacity problems; the
HCM analysis shows a current LOS of B. However, with the operation of the adjacent
drawbridge creating long queues and then jamming the intersection, congestion is frequent.
As the addition of parking would not change the lane configuration at the
intersection, the actual diversion of traffic to the Court I Chestnut corridor could be handled
with only a signal split! change. However, concerns about bridge related queues interfering
with operations on the downtown section of Cleveland Street make operational
improvements at the intersection highly desirable.
The intersection operates with a three phase2 signal sequence -- the southbound
through-and-Ieft; the northbound through-Ieft-and-right, and the east-west through~
movements (a fourth phase is pedestrian actuated and stops the normally continuous
eastbound right turn; it is rarely actuated and is not included in this evaluation). The
lSignal split is the allocation of green time among the various movements in the signal's
cycle.
2 A signal phase is a portion of the signal cycle allocated to a combination of traffic-
movements receiving the right of way simultaneously.
18
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southbound right turn is a yield movement onto the bridge.
The southbound movement through the signal is very light -- 20 through vehicles and
2 left turning vehicles during the evening peak hour. The movement could be physically
eliminated, as shown in Figure 7, thus eliminating one signal phase (including pedestrian
movement and clearance intervals). With some timing changes, the average delay per
vehicle drops significantly, and the intersection's ability to recover from a drawbridge
opening is improved.
The residents of Pierce 100, a condominium on the west side of Pierce Boulevard
one block south of the Bayfront, have expressed concerns previously about the potential of
closing Drew Street entirely, so to extend Coachman Park to the water's edge. Because of
traffic congestion, the residents often approach from Drew Street, southbound through the
Bayfront intersection, and turn right into their property. To accommodate that movement,
we are proposing the addition of a westbound left turn lane, permitting the now prohibited
westbound to southbound left turn. Because of the low turn volumes and conflict with only
one eastbound lane, a separate signal phase should not be required.
Cleveland Street I Osceola A venue (LOS B I B)
No significant degradation in the Level Of Service is anticipated at this intersection.
The eastbound left turn will continue to be a primary movement for beach-to-northbound
Fort Harrison traffic, and the eastbound left turn phase should remain in place.
'Cleveland Street I Fort Harrison A venue (LOS B I C)
Fort Harrison Avenue (US Alternate 19) is the major north-south arterial through
downtown Clearwater. South of Cleveland, Fort Harrison is four lanes, and north of Drew
Street, Fort Harrison is three lanes; the area between is a transition area. Northbound
traffic during the evening peak is sluggish because of the lane reduction:
This is the critical intersection within the Cleveland Street section being modified.
A plan is being developed to shift some of the Fort Harrison traffic to Myrtle Avenue (see
Appendix B), which would improve operations at this intersection.
20
~
--
Elimin.atc 8Outhhound through and len turn movement
by enlarging island. Elimin.ate southhound sign.al
phase.
1.
2.
Remove crosswalk and pedestrian signal features.
3.
Trim island for easthound realignment.
4.
Add westhound lell turn lane and relocate median
island .
z.-t
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Figure 7
"Bayfront" Intersection
,..; "
The Level Of Service, with a minor split change, will drop to a "c" designation.
Cleveland Street / Garden A venue (LOS B / B)
No significant degradation in the Level Of Service is anticipated.
Cleveland Street / East A venue (WS B I B)
No significant degradation of this intersection's operation is expected. East Avenue
will be the route of the Clearwater section of the Pinellas Trail, so future operational
changes can be expected, but should not impact the Level of Service. This intersection also
includes a north-south rail line; approximately two trains per day pass, preempting the
signal's operation.
Cleveland Street / Myrtle A venue (WS B I B)
While this intersection marks the eastern transition point of the on-street-parking, no
significant change in Level Of Service is anticipated. The intersection can accommodate
the additional north-south traffic proposed in the Fort Harrison diversion plan described in
Appendix B.
Cleveland Street I Greenwood A venue (WS C I C)
No change in Level Of Service is expected. Approval has been received from the
FDOT to remove the eastbound and westbound left turn phases, which has been projected
to improve the Level Of Service to the designation "B".
Cleveland Street / Missouri A venue (LOS C I C)
As less traffic will be using the intersection, no degradation in Level Of Service is
anticipated. The southbound left turn movement continues to provide a LOS of "F", but
it is a relatively light movement.
22
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23
.-
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. Cleveland Street / Lincoln A venue (WS B I B)
No change in this intersection's operation is anticipated. This signal will be
evaluated in the future for possible removal.
Cleveland Street / Gulf To Bay Boulevard (LOS B / B)
No degradation in the Level Of Service is anticipated.
Gulf To Bay Boulevard / Hillcrest A venue (WS B / B)
No degradation in the Level Of Service is anticipated.
Court Street I Oak A venue (LOS A I A)
Despite the additional traffic volume on tbe westbound movernent, no loss in Level
',: Of Service is projected.
Court Street / Fort Harrison A venue (LOS D I D)
This intersection is capacity constrained, primarily because of the lack of a
northbound left turn lane. The added traffic due to diversion is accommodated in the
westbound movement's normal pedestrian crossing time, and no further degradation due to
the implementation of parking on Cleveland Street is expected. This intersection could be
improved by the Fort Harrison plan described in Appendix B.
" Court Street I Myrtle A venue (LOS B I B)
No reduction in the Level Of Service is anticipated.
Chestnut Street / Oak A venue (LOS C / C)
The signal at this intersection has been listed as a possible candidate for removal.
The split phase operation (southbound, then northbound) consumes considerable time from
the major street movement. Under existing conditions, the additional traffic would cause
a reduction in Level Of Service from "C" to "D".
,.",
Should the signal not be removed, the relocation of the crosswalk across Chestnut
Street from the east side to the west side of the intersection, with pedestrian signal timing
running concurrently with the heavier southbound movement, could allow additional time
for the eastbound movement and the maintenance of Level Of Service "C". This
modification is shown in Figure 8.
Chestnut Street / Fort Harrison A venue (WS D / C)
This intersection currently operates at Level Of Service "011, and is constrained by
the lack of a southbound left turn lane on Fort Harrison. The additional eastbound through
traffic would degrade that even more; however, the conversion of the eastbound left turn
lane to a combination through - left lane (allowing three lanes to cross the intersection into
three receiving lanes) would improve the LOS to a "C" rating.
Chestnut Street / Myrtle A venue (WS B / B)
No degradation in the Level Of Service is projected.
Court Street / Greenwood A venue (LOS B / B)
This intersection is a bottleneck and is scheduled for widening to provide left turn '
lanes for each of the four approaches. Currently, north-south left turns are prohibited,
which relieves the operational demands, so that the bottleneck is not reflected in the
estimated Level Of Service. 'The diverted traffic will not result in a significant degradation
in the Level Of Service.
24
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Figure 8
Chestnut Street / Oak Avenue
25
Court Street I Missouri A'Venue (State Route 651) (WS D I D)
This intersection carries an ex.tremely heavy westbound to southbound left turn
movement during the evening peak; at 379 vehicles per hour, it would justify a dual left
turn, but is currently constrained to a single left turn lane of relatively short length.
The westbound component of the diverted traffic poses no additional load to the
intersection, but the eastbound traffic conflicts with the westbound left turn. By modifying
signal splits, the existing Level Of Service can be maintained, but remains at a Level Of
Service "D".
Court Street / Hillcrest A venue (LOS B I B)
No significant impact on the Level Of Service is projected. 'This intersection is a
school crossing.
,Court Street / Gulf To Bay Boulevard I Highland Avenue (LOS D I D)
This intersection is five legged, which falls beyond the capabilities of the HCM-
CInema program. However, by assuming that the north-south (Highland Avenue) phase is
an "all red pedestrian movement", which can be modeled by HCM-Cinema, we can estimate
the impacts of diversion.
Diversion will shift traffic from the westbound right I southeastbound left to the
westbound through I eastbound through movements, which can be accommodated in a '
simple shift in signal split. Therefore, no significant impacts on the Level Of Service are
, projected.
Effects of Varying Diversion Levels on Capacity Analyses
, One of the key factors in the preceding capacity analyses was the projected ,level of
'diversion of through traffic from Cleveland Street to the Court / Chestnut corridor. What '
impacts on the capacity analyses would a significant variation in the diversion level have?
We can look at the critical intersection on each of the corridors _.:. Cleveland at Fort
26
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Harrison, and Court at Missouri -- to try to answer this question. The Cleveland / Fort
Harrison intersection was modeled through HCM-Cinema for a worst-case zero-level
diversion, and a more moderate ten percent level diversion, to compare with the projected
twenty percent diversion. The summary sheets are provided in Appendix C.
.",;
With zero diversion, the eastbound through traffic increases to a point where that
approach's Level of Service drops to an "E". Norm all y, a change in the signal split would
resolve this constraint; however, the intersection needs to maintain its existing north-south
split to handle the northbound traffic approaching the lane drop at Drew Street. The overall
intersection Level of Service remains at "C".
"C".
The situation is eased with a ten percent level of diversion -- the eastbound through
movement drops to only a Level of Service "DlI, with the intersection at Level of Service
A similar analysis of the Court Street / Missouri Avenue intersection looked at the
effects of thirty and forty percent diversion levels from Cleveland Street. These are also
shown in Appendix C. In both cases, the intersection remains at Level of Service "D";
however, delays on the eastbound and westbound through movements do increase.
The proposed modifications to Cleveland Street can have both positive and negative
impacts on traffic safety. The increase in lane width usually results in a lower accident
history, but may be countered by the loss of capacity and resulting increased congestion.
Parking maneuvers disrupt smooth traffic flow, resulting in rear end accidents; however,
current use of the curb lane by delivery trucks (UPS, beverage companies, etc.) also creates
a disruption that requires last minute lane changes. The lane reduction and parking may
In general, the expected diversion level of twenty percent is also the "optimalll
diversion level. At a twenty percent diversion, both Cleveland Street and the Court /
Chestnut corridor should operate without significant problems.
SAFETY
Safety of the proposed parking changes has been expressed as a concern. To show
existing accident patterns, Figure 9 shows the 1992 accident frequencies at signalized
intersections within the downtown area. These figures include only those accidents which
required full reporting; "blue form". accident reports are not included.
27
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also result in a lower traffic speed, which can have a positive impact on safety, and the
expected diversion of traffic reduces exposure along the route.
Parallel parking has been used on several other State highways in the Tampa Bay
area, including State Route 60 through downtown Tampa and State Route 50 in Brooksville.
The expected increase in traffic along the Court / Chestnut corridor will increase
exposure, but the links between signalized intersections should accommodate the increase
without a significant increase in accidents. The predicted slight increases in congestion at
Court Street and Missouri Avenue may increase the accident rate; planned improvements
at the "Bayfront" intersection and at Court Street and Greenwood Avenue should improve
the accident history.
In summary, it is difficult to predict a net change in traffic safety in the downtown
area as a result of the proposed roadway modifications.
CONCLUSIONS
Previous studies of the proposal to place parking on Cleveland Street, either with or
without the redesignation of State Route 60, have indicated a concern about capacity and
safety. This report has demonstrated that the addition of parking along Cleveland Street,
between Osceola Avenue and Myrtle Avenue, should not have a significant negative effect
on traffic flow through the downtown area.
y~s, there will be changes in traffic patterns, and there will be occasions when
congestion occurs -- usually on sunny "beach" days during peak seasons, particularly as the
Memorial Causeway drawbridge opens and closes. However, signal timing modifications,
lane adjustments, and other operational measures can help minimize these impacts. The
City of Clearwater is committed to resolving any traffic problems resulting from these
proposed changes.
Safety impacts, if any, should be minor. Parallel parking is an accepted means of
providing on-street parking; the only concerns are more related to congestion than to the
parking operations. Again, any safety problems identified after implementati<ln would be
resolved to the satisfaction of the FDOT.
In summary, we believe that the capacity and safety concerns of previous studies
29
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Cleveland Street I Drew Street I Pierce Boulevard I Memorial Causeway
Hcn SU.....ary Reau l'ta for Case: 1EXIST tte-.or la I Cay;"Pterce Blvd
Existing Conditions P" Peak Ueraton 2.8
X De lay 28
4T J 2~
Lane y;"s y/c (seel
~ Group Ratio Ratio ~IDS 't...- -- ,
ED *T .42 .76 15.9 C 1
- 687
R .37 .44 1.9 A
All 18.8 B
--------- ---------
-
WB TR .21 .37 9.7 B -
--------- ---------
All 9.7 B
653-
ND *L .14 .58 23.6 C 543 -.
LTR .14 .49 23.5 C i t i
All 23.5 C 427 7
14
SB LT .81 .18 32.7 D 1 J!L 2 3 --
L-
*R .83 .48 3..... D ~ l1r 4 - -- i<,
-,
5 ... 2 52 4 2 .,
All 33.B D
Intersect .59 .G5 13.3 B
_:,.i.,'S, l" ,"" ;>';;'~l,.;:..' ".
HCI1 SU.....ary Resu l'ts for Case: lPAIUe tte-.or tal CS'J;"Pierce Blvd
Eli~inatB SB Thru ~ye~n~ P" Peak Uersion 2.8
X De lay
Lane (seel 423
Y;"s y/c J
~ Group Ratio Ratio veh) LOS 't...- 1
ED T .36 .G2 11." B -- 517
*R .58 .55 1.8 A .-- 28
All 5.9 B
---------
WD L .18 .32 9.1 B -
TR ---------
.17 .38 8.1 B
All B.2 B
563-
NO *L .17 .47 19.2 C 633 -. i i
LTR .16 .46 19.8 C t
All 19.1 C 517 7
14
SO R .83- .89 16.1 C 1 2 I
I
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All 16.1 C --... . 3a 11r 4
55 4 2
Intersect .67 .71 9.7 B
A2
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Cleveland Street / Osceola Avenue
Hal SuJ\Mllry Results for Case: 2EXIST Cleveland
ExL~ting CondL~IDn~ PM Peak
/Osceola
lhtrs:lon 2.8
X DeJa':l 34
f!~
Lane .../s YI'C (sac "
~ Group Ra1::lo &1:ID veh) LOS 'to- 26
EB -L .86 .90 19.7 C - 488
TA .28 .31 "1.5 A r- 24
All 8.2 B
---------- ---------
--
WB L .91 .89 11.5 B --+
----------
-TA .28 .43 18.1 B .. "
All IB.l B 174~
, '
496- ' .'
NB L .BZ .86 IB.9 C 5-" i i
*TR .88 .ZB 28.4 C t
All 29.2 C 28 48
79
SB L .86 .18 19.7 C 1 2
.&1 19.5 --1
TA .14 C ~
12 "
All 19.6 C 3
"
Intersect .34 .36 IB.9 B
.:'
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Hal SuftMllry Results for Case: 2PRRJ( Clelleland ./Osceola
Wii:h Parking PM Peak VeIn; IDn 2.8
X DelaCj 34
JJ~
Lane Y"S YI'C (see I
~ Group Ra't:lo Ra1:ID veh) LOS
ED -L .86 .37 29.3 C 'to- 26
TA .37 .57 6.2 B - 398
All 18.1 B .- 24
---------
UB L .84 .89 11.6 B ----------
-TA .3? .00 19.7 C 1?4~
All 19.3 C 486 --
5-'
HB L .02 .66 IB.~ C 1 r
*TA .88 .ZB ZH.<lJ C t
All 28.2 C 28 48
79
SB L .86 .18 19.7 C 1 2
.94 19.5 --1
Tn .14 C ===-
All 19.6 C 12 3
IntersBCt .51 .54 15.8 B
A3
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Cleveland Street / Fort Harrison Avenue (US AL T19)
Hcn SU....ary Results For Case: 3EXIST Cleveland
Exls~lng PM Peak
Lane vIs
8P.E. Group laUo
ED L .85
*n .22
All
X Delay
v;c (see...
Ra~lo ve") LOS
.11 11.2 B
.48 18.1 B
18.1 B
UD L
n
All
.15
.19
.33 12.9 B
.-48 9.5 B
18.8 B
.71 14.1 B
14.1 B
"D *n
All
.33
SD n
All
.53 18.5 B
18.5 B
.25
Intersec~
.56
.59 11.5 B
591 I
37 ! I
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----------
32~ r:
-4'31 - I
127 -. I
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:::. ..:: : 4-4 lr 3
44 3 3
...Ft. Harrison
Uerslon 2.8
"--
51
416
81
-
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f 82
761
Hen SU....ary Results for Case: 3PAHK Cleveland ...Ft. Harrison
"it.h Parking PM Peak Uersion 2.8
591 I
X Delay 37 ! I
Lane vIa v;c (see... I
J I
8P.E. Group lat 10 Rat.io ye") LOS I
ED L .85 .18 18.4 B I "-- 57
*n .41 .84 23.9 C I - 326
All 23.8 C :J r- 97
UD L .11 .34 12.2 B
n .33 .67 16.7 C 32~ r:
All 15.8 C 341- I
127 -. I
"D *rR .33 .74 15.5 C I
All 15.5 C I i
I f 82
I
I 767
SD n .25 .55 11.3 B 1 . 2 .Jj
.
All 11.3 B :::- .....p. - 42 lr 3
.
46 3 3
Intersact .75 .79 15.9 C
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X Delll~ 52
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Lane Y/8 vl'c C sac"
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EB L .18 .16. 4.6 A
TJI .28 .29 3.7 A
All 3.8 A
"t.-
"IS
E;85
2S
HCrI SuNlary Results: for Case: 4EXIST Cleveland
Ex h:t.ing ptt peak
,,-(Ja.rden
l.Ierslon 2.8
-
~
.83
.as
.86. 1.3 A
.38 4.8 A
".1 A
.6& 28.6 C
.38 ZZ.1 C
21.9 C
.13 21.8 C
.29 21.4 C
21.3 C
.30 6.7 B
-
"'B L
-TR
All
NB L
*TR
All
SB L
fR
All
Intersect
.81
.26
-
.B2
.88
5S~
409-
11 """""l
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19 48
74
HCI1 SuNlary Resu lts for Case: 4PARK ClevelaYld ...-Garden
With Parking PM peale l.Iers:lon 2.8
)( Dela~ 52
J!~
Lane Y/S v...c (sac'"
~ Group Rat 10 Ra1:lo veh) LOS
EB L .18 .15 4.6 A 'L- 45
TR .35 .52 . ".'9 A - 515
All 1.9 A ~ 25
UB L .&1 .85 1.3 A
-Tn .40 .72 8.2 B 55~
All 8.e B 399-
11 """""l
NB L .92 .86 28.6 C I i
*TR .88 .38 Z2.1 C t
All 21.9 C 19 48
74
SO L .83 .13 21.8 C 1
fR .85 .28 Zl.4 C --. .:: :
~ .
All 21.3 C DS 3
:.!
. "
Iratarsact .56 .68 9.~ B "
:::'
&S
.:::
.
1
3
.34
AS
,...;':...'.1 ::,',
101 SullMary Results for Case: SEXIST CleYelaM
Exl~ting PM Peak
.lEast
Uer~lon 2.8
j'
i
I
I
I
I
I
Cleveland Street / East Avenue
X Delay 23
2Z J 58
Lane Y/S YI'C (sacl J ~
~ Group Ratio Ra-t 10 veh) LOS 't..- Z5
.,
ED L .85 .87 5.5 B - 61-1
TR .22 .35 4.8 A r- 19
All 4.9 A
----------- -----------
-
UD L .93 .85 5.4 B --to
----------- .-----------
-TA .25 .49 5.1 B
All 5.1 B 2"~ ' '.
552-
NO LT~ .10 .32: 28.3 C 8-" ~ l~
All 28.3 C
2
51
SO *LTR .11 .36 28.8 C 1
All 28.8 C :::. .:::
.
be ..
Intersect .36 .39 7.1 B
Hen Su~ary Results for Case: 5PARH CleYelaM .lEast
With Parking PM Peak Uer~lon 2.8
X Delay 23
jZ J~
Lane Y/S YI'C (sacl
~ Group Ratio Rat. 10 veh) LOS
ED L .95 .87 5.5 B 't..- Z5
TR .48 .64 8.1 B - 52-1
All 7.9 B r- 19
UD L .93 .85 5.4 B
-TA .47 .75 UJ.2 B 24 -3'
All 18.8 B 4&2-
8-"
NO LTR .10 .32: ZEI.3 C I l~
All 28.3 C
2
51
SO *LTR .11 .36 28.8 C 1
All ZEI.8 C :::r .:::
.
68 4
Intersect .58 .62 11.8 B
A6
J '....~.
. > .'. " ',' , . .. ':' . ~, .' .
Hen SUftMary Resul~s for Case: 6PAR}( Cleveland .I'tI~t Ie
WH;h Parking PM PeaJc Uen:lon 2.8
X Delay 247
24 ! 71
Lane VIS vIe (sacl J ~
~ Group Ratjo Ratio veh) LOS 'L- 188
EB L .21 .g'/ 9.3 B - 527
T .31 .65 18.1 B r- 51
"" R .81 .82 5.1 B
---------
All 9.43 B
"B L .11 .19 7.43 B ~
-T .39 .69 18.43 B ---------
R .89 .15 5.5 B 82-J
.;,.' All 9.43 B 52a-
liB L .04 .11 15.7 C 14~ i r
*TR .26 .71 22.8 C 1
All 21.7 C 35 ?4J
591
SB L .18 .49 28.3 C 1
TA .11 .29 16.4J C --.. 1:::
~ .
All 17.6 C 55 3
Intersect .66 .78 14.7 B
Cleveland Street / Myrtle Avenue
HCI1 SUnMaw-y Resuas for Case: 6EXIST Cleveland
Exls~ing PM Peak
2-t7 I
X Delay 54! 1 I
Lane VIS vIe (sac I I
I
~ Group Ratjo Ratio veh) LOS I
EB L .18 .32 a.8 B I I
TA .25 .43 b.a B III
I I
All 7.8 B
"B L
-Tn
All
liB L
*TR
All
SO L
TA
All
Intersect
.18
.29
.55
.17 7.8 D
.58 7.2 B
7.3 B
.11 15.7 C
.71 22.8 C
Z1.? C
.49 28.3 C
.29 16.43 C
17.6 C
.58 12.6 B
--..
:-:::-
55 3
-..
1
.84
.26
82-J
&1(1-
14~
.18
.11
A7
.I'tI~t Ie
Uen:lon 2.8
'L-
198
617
51
-
r-
...--
i 1 r
35 i"3
591
\
i
!
f ".1
r
.
"_J,._.
.j,
Cleveland Street / Greenwood Avenue
HCII SlulMary Results fDr Case: 7EXISr Cleveland
ExiE~ing PM Peak
.lCreenwood
UerElon 2.8
)( Dalay
Lane 'Ills Y/C (sac...
~ Group Ra~io Ra'tlo veh) LOS
EB -L .82 .14 24.8 C
'lR .27 .50 17.5 C
All 17.9 C
178
flee
't..-
78
688
38
-
r-
-
"'B L
TA
All
HB L
*TR
All
SB L
TA
All
Intersect
.89 ZS.2 D
.5b 17.4 C
17.7 C
.13 28.? C
.55 ZS.2 D
24.7 C
.38 23.2 C
.3& Z2.? C
22:9 C
.58 19.5 C
11
.81
.Zl
-
:1
I
I
I
I
I
I
1 , r
48 58
258
..s~
748 -
ze-.
.85
.19
.13
.12
1
--1
2
:::.
.--
~
.
.55
HCIt SU.....ary Resu 1 u f Dr Case: 7PRRJ( Cleveland .lCreenwood
&,lith Downb:Jwn Park I ng PM Peak Uen:lon 2.8
)( Da lay 178
flee
Lane '1118 Y"'C (see...
~ Group Ra~ io Ra'tlo veh) LOS 't..- 78
EB *L .Bl .12 Z3.3 C - 598
Tn .24 .58 16.7 C r- an
All 17.1 C
---------- ----------
-
"'B L .81 .88 23.8 C -
---------- ----------
TA .23 .49 16.6 C
All 16.9 C ..s~
6.58-
HB L .95 .13 28.? C ze-. 1 r
*TR .19 .55 ZS.2 D ,
All 24.7 C 48 58
258
SB L .13 .38 23.2 C .1 2
TA .12 .3& Z2.? C --1 .:::
.
All 22:9 C 1.1
I !nt.;rsect .55 .58 19.8 C
A8
... , ~ 0', .. . ~ ' ~:. ~ _ 1 _ ,
'<;J-
.,'
_~ ',' ~;. '..;.~...., 't.}...::,!'
,-,\
. ,,'';-/.,-
" L.' ,:.~..t
Cleveland Street / Greenwood Avenue (continued)
He" Sll....ary Results for Case: ?tCOLTPH CleYeland !Greenwood
WItt-. f'o....llll'l I w,thC\1t L i rp Pit Peak Uersion 2.8
X De lay 178
55!oe
La. TIe vI's vl'c (see I'
BI!J! Group Ratio Ratio veh) LOS 't..- 78
ED L .88 .14 9.3 D - 598
*TR .22 .39 11.8 D r- 38
All 18.9 D
---------- ----------
-
WD L .85 .89 9.8 D -
----------
TR .22 .38 11.8 B
All 18.9 B ~5 -...!I
658-
ND L .84 .11 10.1 C 28 --. i r
*fR .19 .49 21.8 C t
All 21.4 C 48 58
258
S8 L .11 .29 19.7 C 1 2 T
. I J
. ..::: ". ....
TR .12 .32 19.9 C :::. 4~ 11:3 2
All 19.8 C G5 3
Intersect .41 .43 13.8 B
A9
Cleveland Street / Missouri Avenue
Hen SuNea.ry Resul'ts for Case: SEXIST Cleveland
Existing P" Peak
X Delay
Lane "'....s y~C ( sacu
~ Group Ratio Ratio ~LOS
EB L .86 .15 18.9 C
....r .z.? . 7Z ZS.9 D
R .89 .17 12.9 B
All 24.2 C
"'B *L .87 .49 33.7 D
TA .23 .4<1 13.5 B
All 16.8 C
ND -L .ENJ .41 32.9 D
T .Z1 .58 19.6 C
R .16 .37 18.8 C
All 22.8 C
SB *L .22 .85 75.7 F
TR .16 .G3 31.9 D
All 38.4 D
Intersect .(,2 .65 23.8 C
258
j8 ! 4~
-
---------
-
25-J
778-
128~
1 Z
, ;.:: --. ~--
==-- '.--
.
12 3
A1lssour I
Version 2.8
't...-
25
G35
135
-
r-
...-
I 1 r
158 235
34B
'l :I:
-~~
Z8 :1:
3 3
Hen SunMa.ry Resu]~s for Case: SPAR]( ClevelaM A11ssourl
With Downtown Parking P" Peak Version 2.8
X Delay 258
j8!4~
Lane "'....8 Y~C (see,!
~ Gr-oup Ratio Ratio veh) LOS 't...- 25
ED L .85 .12 18.? C - 545
....r .24 .M 24.2 C r- 135
R .89 .17 12.9 B
---------
All 22.6 C -
"'B *L .86 .44 31.4 D
---------
TA .28 .38 13.8 B
All 16.4 C
25-J
ND *L .86 .41 32.9 D GQ8- I r
r .Z1 .58 19.6 C 128~ 1
R .16 .37 18.8 C 158 235
All 22.8 C 3413
SD *L .22 .85 75.7 F 1 Z
Tft .16 .&3 31.9 D
All 38.4 D 12
Intersect .58 .61 22.5 C
A10
", ""," :~~ ~....,. ~. '. '
I
I '
I
1-.
."' ~ ,...'" -.;' . ...~., ',->.:"" ,
Cleveland Street / Lincoln Avenue
Hcrt SuNla.r!} Results for Case: 9EXIST Cleveland
Exh:ting PI1 Pea.k
X Delay
Lane y"s vIe (secl
~ Group JIa't i 0 Rat 10 veil) UlS
EO -rR .m .58 5.6 B
.-.11 5.6 B
---------
"'0 L .21 .29 1.6 A -
---------
r .'1:7 .39 4.8 it
.-.11 4.8 A
1330 -
NO L .B1 .EM Zl.? D 18 -,.
*R .18 .43 S8.B D
All 38.5 J)
1 2
~ 1:;::-:
.
EM 4
Intersect .% .49 7.8 B
HCI1 Su..a.ry Results For Case: 9PA~K ClevelaM
Wi~h Downtown parklnu PM Peak
X
YI'C
Ra1: 10
.46
Dela~
(sacl
veil) LOS
5.3 IJ
5.3 II
Lane VIS
~ Group Ratio
EO -rA .33
All
"'0 L
r
All
"0 L
*R
All
.1.&
.24
.22 1.2 A
.33 4.6 A
4.6 R
.84 'O.? I)
.43 38.B J)
38.5 J)
--to
9<18 -
18 -,.
.81
.18
1
2
~
EM
1._-
.
4
Intersect
.43
.45 6.9 II
A11
ILlncoln
Version 2.8
....-
....-
- 775
.- 58
i r
15 145
J'Llncoln
Version 2.8
....-
....-
- 685
.- 58
i
15 145
r
\,
HCI1 Su,*a.ry Resu 11:s f or Case: lBEX 1ST C lelo1e laM
Existing PM Peak
Cleveland Street I Gulf To Bay
/Gulf To Ba.!;I
Version 2.8
X De lay
Lane ...."8 ""I'C ( sac,l
~ Group Ra'tfo Ratio vehl LIlS
ED r .28 .56 24.9 C
*R .33 .35 .2 t'l
All 7.4 B
---------
"B T .80 .24 21.8 C -to
---------
All 21.B C _______-::It...
.34 9.3 B 385-
HB L .21 788~
*LR .Zl .35 9.3 B
All 9.3 B
1
-
-,
39 3
Intersect .5-1 .57 9.8 B
l,",
i
[',
I.,
Ii ..
I..'"
<,".
- 235
~.7~~,
--
--
~
I
I
I
I 585
I
1
i
5
HCI1 Su,*Ar~ Results for Case: 18PAHK Clelo1eland
With Downtown Parking PM Peak
/Gu If To Ba.!;I
I.'erslon 2.B
X Delay
Lane 110',18 YI'C (sac ,I
Bu Group Hatio RAtio vehl LIlS
ED r .28 .56 24.9 C
*R .~ .38 .2 t'l
All B.1 B
---------
"B r .88 .24 21.8 C -
---------
All 21.B C _ _ _ _ __ _ -::It...
HB L .17 .Z9 B.~ B 385-
G18~
*LR .18 .38 B.9 B
All B.9 B
1 2
- -
-,
39 3
Intersect .46 .49 18.2 B
- 235
--
--
~
I
I
I
I 495
I
r
5
1
A12
U8 LTR .28 .31 7.8 B
.
All 7.8 B 38-J
571-
NB --L'I'~ .O? .22 23.9 C 6~ .',
1 r
All 23.9 C 11 t 14
6.7 "
. '
S8 LTR .83 .11 23.1 C 1
All 23.1 C :::- .:::
.
?5 4
Intersect .38 .32 8.9 B
Gulf To Bay Boulevard / Hillcrest Avenue
Hen SuNlary Resul1:s for Case: llEXIST
Exls:t.ing PM Peak
Gulf To Bay /Hillc~est
Version 2.8
Delay
(sac"
veil) LOS
7.4 B
7.4 B
21
? J16
J ~
x
Lane ..../S
~ Group Ratio
1:8 --LTR .24
All
Y/C
BaUD
.~
~
19
534
?
-
r-
Hen SuNluy ReSt! 1 ts f or Case: llPAHK Gulf To Bay /Hillc~est
With Downtown Parking- PM Peak Version 2.6
X Delay 21
! 16
Lane ...."8 Y/e (sacl J
~ G~oup Ratio Ratio veh) LOS ~
~
1:8 *LTR .28 .:31 7.8 B 19
,<, . - 444
All 7.8 B
r- 7
----------- -----------
WB LTR .17 .20 &.7 B ----------- -----------
All 6.7 B 3S-J
401-
HB *L'I'R .87 .22 23.9 C 6-'
All 23.9 C 1 r
11 t 14
6.7
SO LTR .83 .11 23.1 C 1
All 23.1 C ... .:::
===- .
?5 4
.
Intersect .27 .28 8.8 II
A13
. .'~
Court Street / Oak Avenue
Hen Su~ary Results for Case: lZEXIST Cour~
Exis~ing P" Peak
X Delay
Lane ""S Y;'Q (see"
8P.l! Group Ra~:I 0 Ra~ 10 veh) LOS
"B L
-TA
All
HB *L'r
All
SB TH
All
Intersect
.11
.15
.96
.83
.21
.19 a.e A
.26 2.9 A
3.1 A
.19 9.9 B
9.9 B
.11 9.6 B
9.6 B
.&<1 ....2 A
1
.;.::
27 3
28
50 1
Hen SunMary Results for Case: lZPAHK Cour~
Wi~h Downtown Parking PM Peak
X Delay
Lane ""S Y;'Q (see I
8P.l! GrDUp Ra~:lo Ra~lo veh) LOS
"B L
-TA
All
HB *L'r
All
SB TH
All
Intersect
.11
.18
.96
.83
.24
.19 a.e A
.32 3.8 A
3.2 A
.19 9.9 B
9.9 B
.11 9.6 B
9.6 B
.&8 ....2 A
A14
1
. ;.::
27 3
28
50 1
....oak
l.Ierslon 2.8
--
I
47 t
'rl
-
't:.-
~
.I1l ak
l.Iers Ion 2.8
--
I
47 1
'. 'n
't:.-
-
~
11
485
158
11
495
158
, .,
. I.,
Court Street I Fort Harrison Avenue
Hen SullWary Resul"ts for Case: 13EXIST Court
Exls~ing PM Peak
)( Delay
Lane "'IS YI'e (sac'"
. ~ Group ~ Ratio veh) LOS
B3?
j3 !
----------
----------
"B L .11 .35 28 ..4 C
*TA .13 .48 28.8 C
All 28.7 C
. , tfD *Ll' .60 1.89 56.8 E
All 5&.8 E
.35
.55 5.CJ B
5.CJ B
SB TA
All
Intersect
.81
.86 38.7 I)
1 J! z
GO:i 4
Hen SUnMary Results for Case: 13~K Court
Wi-th Downtown Parking Ptt Peak
----------
----------
UO L .11 .35 28.4 C
'R-TR .15 .48 21.4 C
All 21.2 C
NB -Lf .68 1.89 56.8 E
All 56.8 E
X Delay
Lane "'''8 Y/e (seel
ft22. Group Rat io Ratio veh) LOS
'; .
SO TR
All
.35
.55 5.9 B
5.9 IJ
Intersect
.83
.89 38.5 J)
A15
1 J! 2
fI8 1t 4
B37
j3 !
,.Ft Harrison
IJer~lon 2.8
I I
I 1
I 1
I ,I '!:..- 4e
I 1 - 451
: 1 I
1 .r- 147
----------
-
----------
-
----------
:1
1
1
1
1
I , i
I
1 285
I 918
,.F~ Harrison
lJen;lon 2.8
I
I
I
I
I
:1
'!:..-
-
.r-
-
-
I :1
I
I I
I I
I I
I I
I' I , i
I I
I I 285
I I 918
48
541
147
'l. ~, " .~:' ~
~'
~ .
.....~'
, (,
','
':'.
".,:
':;(
HCII SuNla.ry Resul'ts for Case: HEXIST Court
Exl~tins P" Peak
A1~t Ie
IJer~lon 2.8
Court Street / Myrtle Avenue
X Del.~ 588
5B t
Lane vIS YI'C (sacl 't-- 62
~ Group Rat. i 0 Ratio veh) LOS - 478
r- 55
---------- ----------
--
---------- ----------
--
---------- ----------
"'8 *LIR .18 .25 13.2 B :t
All 13.2 B I
I
I
. .
I
HO *LT .28 .38 B.4 B I i
.. ,
All B.4 B I i
I 34
I 471
c
88 TR .19 .36 9.7 B 1
All 9.7 II
3S
Intersect .38 .3Z 18.6 B
HCII Su,...a.ry Re$t1l1:s for Case: HPMIC Court A1~t.le
With Downto.ln parking P" Peak IJer~ Ion 2.8
X Del.~ 588
5B t
Lane vIs YI'c (sacl 't-- 62
~ Group Rat.io Ratio veh) LOS - 5GB
r- 55
---------- ----------
--
---------- ----------
--
---------- ----------
"'8 *LIR .12 .28 13.4 B :r
All 13.4 B I
I
I
I
HO *LT .28 .38 B.4 II I i
All 8.4 B I i
I 34
I 471
88 TR .19 .36 9.7 B 1
All 9.7 B
3S
Intersect .31 .M 18.8 B
A16
I
I.
Chestnut Street I Oak Avenue
Hen SunMU!.I Results For Case: 15EXIST Chestllllt
Exlstio,g PM peak
Alak
VerslDIl 2.8
x
Del_I}
(sac"
vel'l) LOS
24.5 C
24.5 C
Z?B
~
Lane Y/B
~ GNlUp Rat i 0
ED *LT .2"
All
vIe
Ra't 10
.14:
----------- ----------
~
3-1'
b(.B -
NB -II .18 .48 2?4 J) r
All 27.4 D ,
63
63
SD *L .28 .55 19.8 C 1 2 L 3
--1
All 19.8 C -
31 3
Intersect .55 .68 23.6 C
HCI'I SunUlr'!.l Re~u 1 ts f Dr Case: 15PRHIC Chestnut.
With Downbown Parklnu PM peak
/Oak
Version Z.8
X Delay
Lane "IS vIe (sac"
~ GrOtlp Ratio RAtio vehl LOS
ED *LT .28 .lK 27.8 II
All 27.a II
'. .. . .
,
.'. ,
. .
"
HB *rR .18 .48 27.04 J)
All . Z?4 D
Z?6
~
~
3-1'
758-
, i
63
63
SO *L
"'11
.28
.55 19.8 C
19.8 C
1
--1
-
2
L
a
31 3
Intersect
.58
.04 ~.~ D
, A17
Chestnut Street / Oak Avenue (continued)
HCM SuMary Results for Case: 15PARK
Ulth Parking ~ Move crosswal~ PM paak
Chestnut
Alalc
Version 2.B
X Delay
lAne y~S v/c (sec~ 278
~
fll!.2. Group Ratio Ratio ven) LOS
EB -r.r .28 .69 28.8 C
All 28.8 C
----------- ----------
-
3-"
758-
MB *TR .18 .72 39.7 D r
All 39.7 D t
63
63
8B *L .28 .55 19.8 C 1 2 L 3
-J
All 19.0 C - lr3 2
39 3 35 3 2 12
Intersect .58 .64 22.8 C
Chestnut Street / Fort Harrison Avenue
Hal SUJllUl.ry Results for Case: l&EXIST Chestnut. 1Ft Hark" Ison
Exh:Ung ptt pell.k Uarslon 2.8
917 I
X Da lay !~ I
Lane (sacl I
V"S y"c I
!l2.E Group Ra'tio Ratio veh) LOS I
ED L .87 .23 19.8 C I
....r .32 1.89 4&.5 E I
I
H .17 .54 Z2.4 C j :
All 4B.2 E
----------
-+-
---------- ----------
-+-
----------
181~ r:
NO fR ."3 .&9 IB.3 B B7?- I
Z38 "1- I ~
All 18.3 B I
I
I 957
SD *LT .02 .99 38.8 D 1 lL. Z
All 00.8 D -J
k3 ~
59
IntersBCt
.94
.99 'l.7.2 D
HOI SwlMary Resu Its for Case: l&PAJnC Chestnut.
With Downbown parking ptt peak
I'Ft Hark" Ison
IJerslon 2.8
Lane
B2.2 Group
ED -tit{. T
R
All
X Dalay
Y"C (sacl
Ratio veh) LOS
.85 '0.6 D
.54 22.4 C
ZD .8 D
917
!&3
~
I
I
I
I
I
I
I
I
J:
VIB
Ra1.io
.Z?
.17
-+-
----------
-
r:
I
I
I
I
~
957
NO fR
1\11
.43
181~
%7-
238 "1-
.&9 18.3 B
18.3 B
SO itLT
1\11
.02
.99 38.8 D
00 .8 D
1 !L.
59 k3
Int.arsact
.95 22.5 C
.89
A19
Chestnut Street / Myrtle Avenue
HCrt SuMl'lary Results For Case: 17EXIST Chestnut
Existing PM peak
Lane vI'S
6l!R. Group Ratio
ED *LTR .18
All
ND TR
All
SD *L T
All
Interseet
A1yrtle
Uersion 2.8
X Delay
vl'c (seel'
Ratio \lah) LOS
.39 11.9 B
11.9 B
535
! 89
~
I
I
I
I
I
I
I
I
! :
-
-
.28
.-13 12.3 B
12.3 B
79~
934-
48-'
r:
I
I
I
I
r
f 61
511
; "),
~' J~
.Z7
2 lL
48 1: 3 2
.59 12.8 B
12.8 B
1
-1
~
48
3
.46
.49 12.1 B
HCt1 SuMl'llU"Y Results for Case: 17PARK Chestnut
Uith Downtown Parking" PM peak
Lane vI's
flu. Group Hatlo
EB -LTR .28
All
ND TR
All
SD *L T
All
Intersect
A1yrtle
Uersion 2.8
X Delay
vl'c (see;'
Ratio vah) LOS
.-12 12.2 B
12.2 B
535
! 89
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12.3 B
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12.8 B
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3
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A20
Court Street / Greenwood Avenue
HOt SuNla.r!.,l ResuI"ts for Case: IBEXIST Cour-1:
ExLs~ing PM Peak
Alreenwood
Version 2.8
La.., Y-'8
~ Cl'"OUP JIIl'tfo
i8 -ttLTA .36
~1I
X Dela')
vIe CBOCI
Ratio veh) LOS
.bi 9.04 B
9.4 B
283
j31
"L-
15
544
53
-
&--
"8 LTR .31 .51 9.2 B
All 9.2 B 3~
966-
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All 28.8 C t~
247
88 TR .15 .45 17.B C 1
"11 17.8 C --~ .:::
===- ~
si :3
IntaMlect .58 .6.Z 11.7 B
Hat Sl.mMa.ry Resu l1:s for Case: IBPAJlIC Cour-1: Alr-eenwoOO
Wit;l1 Downto.ln Parking PM Peale Version 2.8
X Dela') 283
j31
Lane VIs vIe (sacl
~ Group Raifo Ratio veh) LOS "L-
iB LTR .39 .GG 18.8 B 15
- 634
All 18.8 B
&-- 53
----------- -----------
"B *LTR .41 .78 11.2 B -----------
All 11.2 B 3~
1858 -
NB *rR .22 .04 28.8 C 49 -,.
r;
All 28.8 C t62
247
SB TR .15 .45 17.8 C 1
:::' ,.-
All 17.8 C ...-
; .
si :3
Intersect
.04
.68 12.4 B
A21
Court Street / Missouri Avenue (State Route 651)
HC" SU....ary Results for Case: 19EXIST Cour't
Ex 1st I ng ptt Peak
HC" SU.....ary Results for Case: 19P~RJ( Cour't At issour I
Yith Downtown parking PI1 Peak Version 2.8
X Delay 653
17 jS9
Lane yl's yl'c (seel' ~
!leP. Group Jlatlo Ratio veh) LOS j ~
-
EB L .83 .14 22.3 C
.-
-T .Z7 .75 23.1 C
R .14 .32 14.4 D
--------
All 21.& C
"'B -r. .29 1.89 111.2 F
--------
T .19 .53 19.5 C
R .B1 .82 15.7 C IT 111
All 54.3 E 61-3 I I I
tlB -r. .88 .73 42.7 E 825- I , I
287 -. I I i r
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*R .23 .68 19.7 C I I 176 394
All 31.9 D I I 673
SB L .83 .25 28.5 D 1 2 . 3 L 4 III
-1 .::: ... ...
TJl .22 .BO 34.5 :::. ,
D r~ 22 111'...
All 34.8 D 14 33 4 2 jl 3 3
X Delay
Lane yl's vl'c (sec/
~ Group Rat 10 Ratio veh) LOS
EB L .82 .14 22.1 C
-r .24 .67 21.5 C
R .14 .32 14.4 B
All 28.2 C
"'B .... .18 1.12 125 .9 F
r .16 .44 IB.7 C
R .Bl .82 15.7 C
All 63.& F
tlB .... .Be .73 -42.4 E
T .22 .82 29.9 D
-n .23 .68 19.7 C
All 29.8 D
SB L .83 .25 29.2 D
TR .22 .01 29.0 D
All 29.& D
Intersect .74 .79 34.9 D
.79
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( ntersect.
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Version 2.8
653
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287 -.
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A22
Court Street / Hillcrest Avenue
Hen Su..ary Resuas for Case: 28EXIST Caur1:
Exh:Ung Pt1 Peak
AU Ilcr-es1:
Uer~lon 2.8
I
/'
X Dela') 32
5" l1e
Lane Y,IS Y,IC C 80lU
~ Group Ra1: 10 Ra1: 1 0 vel'll LOS
iB L .14 .22 7.S B
-m .38 .08 19.6 B
All 18.S B
-----------
"B L .86 .18 &.B B -
-----------
TR .2:7 .4-1 B.9 B
All 8.9 B sa.-.J'
1127 -
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SB *LTR .85 .1& 21.9 C 1
All 21.9 C --- .:: :
==:+
72 4
Intarsect .43 .45 18.4 B
HCIt SuNilary Resu 1 u r or Case: 28PAJUC Caur1: ......1 I ICl"es1:
Witn Downtown parking Pt1 Peak Uer~lon 2.8
X Delay 32
2" 116
Lane Y,IS Y/C Csoc/ J ~
~ Group Ra1: 10 , Ra1:lo vel'l) LOS 't..- '9
EB L .17 .'0 7.9 B - 916
-rR .41 .&5 11.3 B r- 18
All 11.1 B
----------- -----------
--
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Ta .38 .48 9.3 B
All 9.3 B sa.-.J'
1217 -
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All 21.4 C tL
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SB *LTR .85 .1& 21.'9 C 1
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Ti. 4
Intarsect .46 .48 18.9 B
A23
Court Street / Gulf To Bay Boulevard / Highland Avenue
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HOt SlmMary Resul'ts For Ca3e: 21EXIST Cour't
~is~ing Conditions Pt1 Peale
J'Gulf' To BA~
Version 2.8
X DelallJ
Lane (sac", 55 859
VIS Y;o'C J ~
~ Group Ratio Ra'tlo veh) LOS
:E8 ...r .35 .m 36.e D
All 36.e D
---------
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Intersect
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.&7 29.6 D
Hen SuJIMary Resu)'ts For Case: 21PfmK Cour't
Wi'tl1 Downi:own Parking Pt1 Peale
J'Gulf' To BA~
Uer:lon 2.8
X Delay
Lane (see... 55 7&9
VIS Yt'c J ~
~ Group Rat io Ra't 10 veh) LOS
:E8 ...r .'3l .96 32.'7 D
All 32.'7 D
---------
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>:): . " FORT HARRISON AVENUE I MYRTLE AVENUE ...',,;; 'i~".: ;~3~
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Proposed Recollfigurnt ion of
Fort Ha."rison I 1\1yrtlc COl'ridm'
For years, the City of Clearwater has looked for a way to improve the traffic flow along
the South Fort Harrison corridor. Recognizing the limitations of thc existing narrow, four lane
roadway, with minimal right of way, and faced with ever increasing traffic, the City's engineers
have long considered Myrtle A venue as a corridor that could provide some relief. Myrtle is
underutilized as a north-south corridor, carrying betwecn 7,000 and 9,000 vehicles per day.
The two corridors have natural connection points -- on the north end of the city, near the
Atrium Hotel, and to the south of the City Limits, where Fort Harrison turns into Clcarwatcr-
Largo Road. Unfortunately, completion of the II missing link" of Myrtle (between L'lkeview and
Woodlawn) is unlikely, at least as a City of Clearwater project, because. of the need to construct
an overpass to cross the active railroad line. I,
In addition, most previous plans have utilized a "one-way pair" configuration, with Fort
Harrison running southbound and Myrtle running~ northbound. One-way pairs provide the
optimal capacity for the amount of pavement availabie, because conflicts with oncoming turning
vehicles are eliminated. However, one-way pairs'.are often unpopular with adjacent business
owners, because of limitations on access to their p~operties.
J.
.
"
This' proposed plan, which is still in the conceptual stage at this lime, as capacity analyses
are being completed, utilizes an asymmetric lane con.figuration while maintaining two way flow
on both streets. As shown in Figure C-l, Fort Harrison would be predominantly southbound,
with two southbound through lanes, a two-way left turn lane, and a single northbound lane. ::.
Myrtle would be the opposite, with one southbound lane, a two-way left turn lane, and two
northbound lanes. Traffic signals along the streets',:would be timed as if the streets were one-
way, with progression southbound on For~ Harrison and northbound on Myrtle. This
configuration would extend northward to at least Drew Street, and perhaps to the Atrium area,
if capacity analyses so indicate. . :~.
4
.
"
One key element to this plan is getting northbound traffic from Fort Harrison over to
~1yrtle. The existing route involves a tight, 90-degree right turn onto Lakeview -- a difficult,
capacity constraining maneuver. The proposed plan)ltilizes a section of the old railroad right-of-
way, currently owned by the Florida Departmen~: of Transportation but not planned to be
occupied by the Pinellas Trail, to provide a free flQwing right turn, as shown in Figure C-2.
\~ -
. "
'0/.'
Should the plan continue to the northern end,:of the corridor, a lane addition -- also within
existing right-of-way, between the area of the Atrium Hotel and the Stevenson's Creek Bridge
(Figure C-3), would allow a free-flowing merge '~Jor northbound Myrtle and Fort Harrison
traffic. Even without the adoption of the plan, this would be a worthwhile improvement.
t'
Initial conversations with the Traffic Operations Group at the Florida Department of
Transportation have been positive, and they are looking forward to receiving more information.
"
In addition, Pinellas County Traffic Engineering i(also interested in the plan, as it would help
~
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traffic flow in and around the downtown county government cmnplex.
Transportation Group plans to continue its analysis on this proposal t with close
coordination with the Florida Department of Transportation, ovcr the ncxt few weeks, and will
be returning to Commission with a more detailed plan in the future.
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AGENDA
DATE
J /- l!l!- 9:3
ITEM
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35 b.
Clearwater City Commission
Agenda Cover Memorandum
I tern #
Meet i n9 Date:
11119/93
SUBJECT:
Community Development Block Grant (CDBG) Sub-recipient Agreements
RECOMMENDA TION/MOTION:
Authorize the execution of the FY 1993-94 Community Development Block Grant Sub-recipient
Agreements
}{ and that the appropriate officials be authorized to execute same.
BACKGROUND:
On July 15, 1993, the City Commission approved the 19th Year Community Development Block Grant
(CDBG) Final Statement and Objectives for FY 1993-94. This document authorized the City of
Clearwater. to fund several public service agencies. In accordance with the direction of the City
Commission approved Final Statement, the following public service agreements are presented, to be
executed by City Commission approved public officials upon approval:
AGENCIES
AMOUNT
Ervin's All American Youth Club ......... $12,429
Greenwood Panthers Culture and Sports Club 5,000
Sgt. Allen Moore Community Partnership .. . 30,101
West Central Florida Council Boy Scouts of America. . 1,571
Pinellas Opportunity Council, Inc 5,941
North Greenwood Association . . 11,640
Red Ribbon Homestead ...... . . . . . . 10,000
Community Service Foundation . . . . 36,651
i Revi ewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
~
N/A
N/A
N/A
Nft6 ~W
---i A
Originating Dept:. =\ ^^ 0
ECONOMIC DEVEL~fTI~
Costs:
$672.227.00
Total
Commission Action:
o Approved
o Approved w/conditlons
o Denied
o Continued to:
User Dept:
$672.227.00
Current Fiscal Yr.
Advertised:
Date:
Paper:
IlSI Not Requi red
Affected Parties
o Not I f i ed
181 Not Requ ired
Funding Source:
o Capital Imp.
o Operat i ng
o Other
Attachments:
o None
Appropri at i on Code:
Printed on recycled poper
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Coordinated Child Care. . . . . . . . . . . . . . . . 14, 187
Clearwater Youthbuilders . . . . . . . . . . . . . . 13,628
Boys and Girls Club of the Suncoast ...... 13,200
Girls Incorporated of Pinellas County ...... 13,439
Clearwater Police Dept. Law Entar. Appren.Prg. . .. 11,389
Y.W.C.A. ot Tampa Bay. . . . . . . . . . . . . . . 1,200
Partners in Self Sufficiency . . . . . . . . . . . . . 16,000
Pinellas County Headstart . . . . . . . . . . . . . . 8,000
Clearwater Housing Authority . . . . . . . . . . . 4,650
Community Pride Child Care Center . . . . . . . 18,546
Neighborly Senior Services, Inc . . . . . . . . .. . 4,000
Family Resources, Inc ................ 5,944
Homeless Emergency Project ........... 15,200
Religious Community Service ........... 13,656
Clearwater Neighborhood Housing Services, Inc.. . . 333,055
Community Housing Resource Board ...... ... 7,800
Pinellas Habitat for Humanity ........... ... 25,000
Tampa Bay Community Development Corporation. . . 40,000
TOTAL $672,227
Please note these contracts only include the funds approved by the City Commission on July 15, 1993.
The recommended rollover amounts are not included in these contracts.
All contracts have been sent to respective agencies for their consideration. The Community Service
Foundation will be funded .with Pinellas County serving as the lead agency. This will be accomplished
through an Interagency Memorandum of Agreement.
The contracts include a $7,800 award to the Community Housing Resource Board (CHRB). The Board
of Realtors has conveyed notice that they would not fund CHRB. Therefore, based on the City
Commission's prior approval, this funding option is to be implemented in a standard contract.
Additionally, the contract with Community Pride only reflects funding of $18,546.
C., t. '1-;'# ~.~.. ",~:"..' ;, ~Ft'
CITY OF CLEARWATER
ECONOlvlIC DEVELOPMENT DEPARTMENT
AND
POllCE DEPARTMENT
MEMO OF UNDERSTANDING
1. PURPOSE
In order to meet the regulations established in the Section 570.503 of the Housing and Community
Development Act of 1970, as amended, which states that "Before disbursing any COBG funds to a
recipient, the recipient shall sign a written agreement with the subrecipient" and to create the opti.riiUiti
atmosphere of cooperation and efficiency in executing the Community Development Block Grant
Program, the following memorandum of understanding is adopted. .
n. ORGANIZATIONAL STRUCTURE
The Community Development Division of Planning and Development Department of the City of
Clearwater will administer the Community Development Block Grant. The Commumty Development
Office will be responsible for disbursing the Community Development Block Grant funds to approved
subrecipients. The Community Development Office is also responsible for preparing the agreement iuid
monitoring the subrecipient for compliance with Section 570 of the Housing and Community
Development Act of 1970.
The City of ClearWater Police Department will be responsible for operating the Law Enforcement
Apprentice Program in the North Greenwood potice substation. The Police Department will also be-
responsible for making sure that the project is in confonnance with all applicable federal regulations.
ill. STATEMENT OF WORK
The City of Clearwater Police Department will use Community Development Block Grants furtds df up .
to $11,389 to provide funds for the Law Enforcement Apprentice Program (LEAP) located at
Greenwood Avenue, Clearwater, Florida. The LEAP provides community poliC?ing and law
enforcement training for young adults in the North Greenwood Community whose residents areritostly
of low and moderate income. . . .
The sub recipient will purchase and disburse funds for labor for the services identified in Appen~'A.
. ':~~i:',:,;~~,
IV.
TERM OF AGREEMENT
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Page 1 of 7
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The term of this agreement shall commence on October 1, 1993 and terminate on September 30, 1994
unless earlier canceled as provided herein. The agreement may be extended for up to one additional
year upon the request of the subredpient and the written authorization of the City Community
Development Manager. The need and merit shall be the determination of the Manager. The
Community Development Office may issue written or oral instructions to clarify any other detaits or
provisions of this Agreement. Such instnlction must be within the intent of the project and not be of
such nature to affect cost or period of performance.
V. RECORDS AND REPORTS
The subrecipient shall keep all records that relate to the employment of apprentices. They shall include
but not be limited to the following:
\
1. Records on the procurement system used to purchase the equipment (documented telephone
quotes, newspaper quotes, solicited bids, etc.)
2. Copies of paid invoices for the purchase of the equipment. '
3. Copies of checks paid to the supplier or contractor.
4. \Vork contracts.
5. Property disposition records.
6. Monthly Activity Reports.
7. Reports on Program Income.
VI PROGRAM INCOME
All program income generated by the City of Clearwater Police Department from Community
Development Block Grant proceeds shall be returned to the City of Clearwater Economic Development
Department.
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Page 2 of 7'
Vll. UNIFORM ADl\1INISTRATIVE REQUIRF..MENTS
The subrecipient shall abide by the applicable Uniform Administrative Requirements idenliiiedih' ' '
Section 570.502 of the Housing and Community Development Act of 1974, as amended.
VIII OTHER PROGRAM REQUIREMENTS
IX
.
The subrecipient shall carry out each activity in compliance with all Fedetal. laws and regulat1c)'ils
described in Subpart K of Section 570 of the Housing and Community Development Act of 1970; as'
amended " l~~~,i' .
. . . .' ",). ~ '.~, >
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nle recipient shall initiate the review process under the provisions of 24 CFR Part 52.if!f
. < \D~~i.:.'
SUSPENSION AND TERMlNAtION;v;;:' ,
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The recipient may suspend, wit~old, or tenninate payment of this project, in whole or in ,paR;' for
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cause of convenience. Cause shall include the following:
a. Use of funds that does not follow project guidelines.
b. Failure to comply with any tenns or conditions hereunder.
c. Refusal to accept conditions imposed by HUD.
d. Refusal to accept conditions imposed by the City.
e. Submittal of reports which are incorrect or incomplete in any material respect.
f. If carrying out this Agreement is rendered impossible or infeasible for any reason including
changes in law or the unavailability of HUD funds necessary for continuation.
g. Convenience shall be according to the regulations in 24 CFR 85.43 and 84.44.
If the recipient suspends payment, it shall advise the subrecipient and specify in writing the actions that
must be taken as a condition precedent to the resumption of payment and specify a reasonable date for
compliance.
X. REVERSION OF ASSETS
Upon the expiration of this agreement, the subrecipient shall transfer to the recipient any CDBG furids
on hand at the time of expiration and any accounts receivable attributable to the use of CDI3G funds.
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Agency: Police Department' LEAP
Year: Fiscal year 1993 -' 1994
APPENDIX A
PROJECT AWARD
1. Law Enforcement Apprentice Project
Public Service funding of up to $11,389 will be provided for the following: .
BUDGET
CDBG
Police
Dept.
3,340
$14,729
TQtM
Salaries for apprentices
working a total of 2080
hours per year
11,389
Social security contribution
for above mentioned employees
$ 1.050
o
1.050'
TOTAL
$15,779
<,:,.'<,
11,389
4,390
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APPENDIX B
METHOD OF PAYMENT
All payments shall be on a reimbursement basis only.
All requests for reimbursement for salaries shall be supported by a copy of the checks paid to employees and
other documentation as requested. Payroll and other support documentation must be kept by the agency hi an
appropriate file.
',' .'
All requests for reimbursement for purchases shall be supported by a copy of the invoices and a copy of the
check paid to the supplier. Other support documentation shall be kept by agency in an appropriate fue.
, .'
All requests for reitnbursement shall be certified by the agency's designee that they are accurate and within the
guidelines of the agreeinent.
All requests for reimbursement shall be forwarded to the City of Clearwater Economic Development
Department, P.O. Box 4748, Clearwater, Florida 34618.
Any program income shall be submitted to the CITY through the DEPARTMENT at leastquarterly~ Fees
collected, if any, shall be reported but are not to be construed as program income. .
Requests for reimbursement shall not be reduced by any program income received.
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Page 5 of 7
"
I certify that I have received the following Federal Statutes and circulars which govenl expenditure of Federal
funds under the Community Development Block Grant Program. I certify that activities taken under this grant
will be consistent with the Federal regulations enumerated below. If necessary, I will request additional copies
from the Clearwater Planning and Development Department.
Materials received under this certification are:
Section 570.600 - 570.702, 24CFR;
Section 3, Housing and Urban Development Act of 1968, as set forth in 24CFR;
Executive Order 11246 (Equal Opp~rtunity Clause and Standard Federal Equal Employmerit
Opportunity Contract Specifications);
OMB Circular A-lID;
O!\1B Circular A-122;
24CFR85, Administrative Requirements for Grants and Cooperative Agreements to State, Local
and Federally Recognized Indian Tribal Governments;
Section 85.40 - 85.50, 24CFR;
OMB Circular A-87
Section 44, 24CFR
. . Witness
Date
APPENDIX C
Confinnation of Prior Receipt
Other Program Requirements
Community Development Block Grant Program
, ".
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for the Subrecipient.
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Page 6 of 7
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I agree with the provisions set forth in this City of ClealWater Economic Development Department/Police
Department Memorandum of Understanding and will make every effort to assure project success.
Agreed:
James M. Polatty, Jr.
Director
Economic Development Dept.
i'.
,.'
"
AGREEMJi:NT
TInS AGREEMENT is entered into this 1st day of October, 1993, by and between the City of
Clearwater, a Florida municipal corporation, having its principal office at 112 South Osceola Avepue,
Clearwater, Florida, hereinafter referred to as the "City", and CLEARWATER NEIGHBORHOOD HOUSING
SERVICES hereinafter referred to as the "Provider".
WITNESSETII:
WIIEREAS, the City has entered into an agreement with the u.s. Department of Housing and Urban
Development for the purpose of conducting a Housing and Community Development Program (HUD) with
federal financial assistance under Title I of the Housing and Community Development Act of 1974, as
amended, hereinafter called" Act"; and the Cranston-Gonzalez National Affordable ~-Iousing Act of 1990; and
WIIEREAS, the City has detennined through its Year Nineteen Final Statement of Objectives and
Projected Use of Funds, which was adopted by City of Clearwater July 15, 1993, the necessity for providing
program administration, housing rehabilitation for low and moderate income families; housing opportunities
for low and moderate income families; and
WHEREAS, the City desires to engage the Provider to render certain services in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I:
SCOPE OF SERVICES
A. The Provider agrees to implement the following programs in Clearwater in accordance with the
projected accomplishments attached and made a fully binding part of this Agreement, as Appendix 1,
as follows:
1. Rehabilitation Housing Loan Program: Agency agrees to implement the Deferred Payment loans 'I
Progann, Challenge 2000 Loan Program~ and the Emergency Rehabilitation Loan Program arid thake<;
their loans available to eligible homeowners in the CNHS approved target area. Services to be provide
will include processing preliminary applications, loan counseling, loan screenings, loan closings, ilrid
loan monitoring for the rehabilitat.ion program.
. ~
2. Infill Housing Program: Agency agrees to provide homeownership opportunities to residetitswho
income is up to 120% of area mediam who build a home in the CNHS approved target area. Services
to be provided to include processing preliminary applications, loan counseling, loan screening~, loan
closings, and loan monitoring for the Infill Housing Program.
3. Economic Development Program: Agency agrees to provide technical assistance ahd loanable mnds
existing and potential businesses in the CNHS approved target area. Services to be provided to include
processing preliminary applications, loan counseling, loan screening, loan closings, preparatiofi of
necessary and appropriate documents, and assisting in the preparation of business plans.
SECTION-1li
CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Progra'!l provides housing seIVices to eligible low or moderate income individuals or families.
B. The Provider shall maintain in its file the documentation on which basis it determines that the project
benefits low and moderate income persons, minorities and residents of CleaIWater. Such records shall
include, but not be limited to profiles identifying financial classification, head of household, ethnicity,
race and gender, or area benefit data, as required.
C. The Provider shall comply with the following attachments to the Office of Management and Budget
(OMB) Circular No. A-ItO, "Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations", incorporated by
reference into this Agreement.
1. Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit insurance.
. 2. Attachment E, "Bonding and Insurance".
3. Attachment C, "Retention and Custodial Requirements for Records", except that in lieu of the
provisions in paragraph 4, the retention period for records pertaining to individual CDBG
activities starts from the date of expiration of this Agreement, as prescribed in 570.507, in which
the specific activity is reported on for the final time. .
4. Attachment F, "Standards for Financial Management Systems".
5. Attachment H, "Monitoring and Reporting Program Perfonnance", paragraph 2.
6.
Attachment N, "Monitoring Management Standards", except for paragraph 3 concerning the
standards for real property and except that paragraphs 6 and 7 are modified so that in all cases
in which personal property is sold, the proceeds shall be "program income" and that personal
property not needed by the sub-recipient for CDBG activities shall be transferred to the recipient
for the CDBG program or shall be retained after compensating the recipient.
':'1
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7. Attachment 0, "Procurement Standards".
D. Costs incurred under this program shall be in compliance with Federal Management Circular No. A-
122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this Agreement.
E. The Provider shall abide by those provisions of 24 CFR Part 570 subpart J, when applicable,
incorporated by reference into this Agreement.
F. No expenditures or obligations shall be incurred for the program prior to approval and release offuhds
from the U.S. Department of Housing and Urban Development.. Further, it is expressly understood that
in the event no funds are released from the U.S. Department of Housing and Urban Development in
connection with this Program, then the City is not liable for any claims under this contract.
"
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. ".>! ;.- <',y,
G. The Provider shall certify, pursuan't to Section 109 of the Act, that no person shall be denied the
benefits of the program on the ground of race, color, national origin or sex.
H. The Provider agrees that to the extent that it staffs the Program with personnel not presently employed
by said party, it will take affirmative action in attempting to employ low income persons residing in. the
City of Clearwater, particularly minority group members.
"
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1.
..
1
J.
The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program Income", gross
income directly generated from the use of CDBG funds. In those instances where the City allows the
sub-recipient to retain program income, these funds shall be expended for CDBG eligible activities,
previously approved by the City in accordance with the projected accomplishments and budget
descriptions attached to this Agreement.
The Provider shall adhere to the applicable requirements contained in the "Acknowledgement of
Economic Development Activities", attached hereto and made a part hereof as Appendix 2, if
applicable.
K. The Provider shall comply with First Amendment Church/State principles, as follows:
L.
,
I. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the basis
of religion.
2. It will not discriminate against any person applying for public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or services,
engage in no religious proselytizing, and exert no other religious influence in the provision of
such public services.
4. The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or religious symbols or decorations.
5. The funds received under this Agreement shall not be used to construct, rehabilitate, or restore
any religious facility which is owned by the Provider and in which the public services are to be
provided. However, minor repairs may made if such repairs are directly related to the public
services; are located in a strucfure used exclusively for non-religious pUlposes; and constitute,
in dollar tenns, only a minor portion of the CDBG expenditure for the public services.
'.
The Provider shall transfer to the City upon expiration of this Agreement, any CDBG f11nds on hand
at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The
following restrictions and limitations apply to any real property under the Provider's control which was
acquired or improved in whole or in part with CDBG funds in excess of $25,000:
1. Any real property under the Provider's control must be used to meet one of the National
Objectives in the CDBG Regulations. Part 570.208 until five years or such longer period of time
as detennined appropriate by the City after expiration of the Agreement.
2. If the real property is sold within the period of time specified above, the property must be
,I
Page 3 of 17
disposed of in a manner which results in the City being reimbursed in the amount of the current
fair market value of the property, less any portion thereof attributable to expenditures on non-
CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is
required. '
M. The Provider agrees that when sponsoring a project financed in whole or in part under this Agreement,
all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship 'of
the project, research reports, and similar public notices prepared and released' by the Provider shall
include the statement:
FUNDED BY THE CITY OF CLEARWATER
CO:MMUNITY DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words "CITY OF CLEARWATER CO:MMUNITY DEVELOPMENT
BLOCK GRANT FUNDS ADl\tIINISTERED BY THE DEPARTMENT OF PLANNING AM)
URBAN DEVELOPl\1ENT" shall appear in the same size letters or type as the name of the Provider.
N. The Provider shall ensure the following when entering into a sub-contract agreement:
1. The full correct legal 'name of the party shall be identified.
2. The "Scope of Services" shall describe the activities to be perfonned.
O. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to
detennine compliance with the requirements of this Agreement, the Community Development Block
Grant Program and all applicable laws and regulations. '
This documentation shall include, but not be limited to, the following:
1.
Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and expenditures
of funds provided directly or indirectly by this Agreement, including matching fuilds and
, . '
program mcome.
Time sheets for split-funded employees who work on more than one activity, ill order to fecord
, the CDBG activity delivery cost by project and the non-CDBG related charges. "
How the Statutory National Objective(s) and the eligibility requirement(s) under which ftifitiihg
has been reCeived, have been met. These also include special requirements such, as neCessary
and appropriate detenninations, income certifications, written agreements with beneficiMies,
where applicable. :>
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P. The Provider is responsible for maintaining and storing all records pertinent to this Agreement ib. an
orderly fashion in a readily accessible, penn anent and secured location for a period of three (3) years
after expiration of this Agreem~nt, with the following exception: if any litigation, claim or audit is
started before the expiration date of the three year period, the records will be maintained until, all
litigation, claims or audit findings involving these records are resolved. The City shall be inforirled in
Page 4 of 17
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writing after close-out of this Agreement, of the address where the records are to be kept.
SECTION ill:
TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by the U.S. Department of
Housing and Urban Development and being duly executed by both parties, whichever is later.
This project shall become operational as of October 1, 1993, and shall continue through September 30, 1994.
SECTION IV:
TERMINATION
The City and the Provider agr~:
A. This Agreement may be tenninated by either party hereto by written notice of the other party of such
intent to tenninate at least thirty (30) days prior to the effective date of such tennination.
B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree upon
the tennination conditions. A written notification shall be required and shall include the following:
reason for the termination, the effective date, and in the case of a partial tennination, the actual portion
to be tenninated. However, if, in the case of a partial tennination, the City determines that the
remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may
terminate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or temlinate this
Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perform in accordance with this Agreement, or any federal
statute or regulation.
b. Submitting reports to the City which are late, incorrect or incomplete in any mate~a1
respect. .
c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible.
d. Failure to respond in writing to any concerns raised by the City, including substantiating
documents when required/requested by the City. .
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e. Any evidence of fraud, mismanagement, and/or waste, as deterinined by the City's
monitoring of the subrecipient, and applicable HUD rules and regulations. , '
2. The City shall notify the Provider in writing when the Provider has been placed in defautt., Such
notification shall include actions taken by the City) such as withholding of payments, actiOl1s to
be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable
date for compliance, which shall be no more than fifteen (15) days from notification date. : .
3. The City' shall notify the Provider in writing when sufficient cause is found for termination of
Page 5 of 17
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this Agreement. The Provider shall be given no more than fifteen (15) days in which to reply
in writing, appealing the tennination prior to final action being taken by the City.
D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds of
the U.S. Department of Housing and Urban Development, this Agreement will terminate effective as
of the time that it is determined such funds are no longer available.
E. Costs of the Provider resulting from obligations incurred during a suspension or after termination, are
110t allowable unless the City expressly authorizes them in the notice of suspension or termination or
subsequently. Other costs during suspension or after termination which are necessary and not
reasonably avoidable are allowable if:
1. The costs result from obligations which were properly incurred before the effective date of
suspension or tennination, are not in anticipation of it, and in the case of termination, are
noncancelable, and
2. The costs would be allowable if the award were not suspended or expired normally at the end
of the Agreement in which the temlination takes effect. .
F. Upon tennination of the Agreement, the Provider and the City shall meet to discuss the City's
detennination if any amounts are to be repaid to the City or if additional amounts are due the Provider.
SECTION V:
AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been
reduced to writing and duly signed by both parties. Any changes which do not substantially change th~ scope
of the project and/or t.he Project Implementation Schedule or increase the total amount payable under this
Agreement, shall be valid only when reduced to writing and signed by the City Administration and the
Provider.
The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement unless
and until the City officially, in writing, approves such expenditure by executing a written modification to the
original Agreement.
SECTION VI:
METHOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures
incurred shall not exceed THREE HUNDRED TillRTY lHREE TIIOUSAND AND FIFrY FIVE DOLLARS
($333,055). Such funds must be expended during the term of the Agreement, and any remaining balance of
funds shall revert to the City. Such compensation shall be paid in accordance with the projected
accomplishments and budget descriptions attached hereto and made a part hereof as Appendix 1.
A.
The Provider shall submit monthly requests for payment for actual expenditures, including applicable
back-up documentation, no later than the tenth (10th) day of the succeeding month and the City will
provide reimbursement, upon approval, within ten (10) working days after receipt of the same', if
submitted by the deadline data for inclusion on the drawdown request.
B. The City agrees to pay the Provider for expenditures incurred under this Agreement on a monthly basis
in accordance with the Budget and Project Implementation Schedule attached hereto and made a part
Page 6 of 17
hereof as Appendix 1.
C. The City agrees to reimburse Provider monthly for activity delivery costs incurred in that month, liot
to exceed one twelfth of the total annual limit of $17, 168 for Rehabilitation Loan Program, $40,000 for
the Infil1 Housing Program, and $15,000 for the Economic Development Program, each of which has
specific goals. The provider's progress toward meeting these goals will be evaluated by the City prior
to release of funds for month(s) 7, 10, 11 and 12. If the Provider has failed to meet the goals listed
in Appendix 1, the City will withhold an amount equivalent to the unmet production (based on pro rated
unit value). Once the Provider demonstrates that the previous goals have been met, then the City shall
reimburse the Provider any previously withheld funds. Payments for months 1 through 6, 8 and 9 shall
be made as above, based on one twelfth of the annual limits.
CNHS PRODUCTION GOALS & CONTRACT PAYMENT - FY 93-94
ACTIVITY ANNUAL ANNUAL MONTHLY DEDUCTION FOR
PRODUCTION PAYMENT PMT (1/12th UNMET
GOAL of PRODUCTION
ANNUAL) GOALS
Housing Rehabilitation 15 Homes $17, 168 $1,430.66 $1,144.53
Activity Delivery
InfiIl Housing 20 Homes $40,000 $3,333.33 $2,000.00
Activit Delive
Economic Development 1 Business $15,000 $1,250.00 $1,250.00
Activity Delivery Plans and 1
loans
D. The City agrees to provide up to $180,887 for costs in association with the acquisition of real property 4j
the InfJll Housing Program to the Provider. These costs will include but not be limited to the costs ofapptaisals,
surveys, title insurance, and the actual cost of the purchase of the land. The City also will provide up to $60,000
in loanable funds to the Provider for deferred payment mortgages for participants in the Inftll Housing Program.
The City will also provide up to $20,000 to the Provider for property disposition expenses for participants in the
Infill Housing Program. The disposition costs will be those costs associated with the conveyance of real property
purchased by CNHS to program participants. The will include but not be limited to surveys, appraisals, title
insurance and other closing costs. These fuods will be provided to the Provider by the City when the
Provider submits a payment request with a signed statement of the actual costs of the items to be paid.
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E. Line item transfers are allowable only within each component and may not exceed in the aggregate fIfteen
percent (15 %) of each line item without prior written approval of the City. All changes amounting to more
than fifteen percent (15 %) require prior written approval.
SECTION VII:
CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any functions or respo~~~~ilities
Page 7 of 17
in connection with Community Development funded activities, has any personal financial interests, direct or
indirect, in this Agreement. The Provider covenants that in the performance of this Agreement, no person having
such conflicting interest shall be employed. The Provider covenants that it will comply with all provisions of 24
CFR 570.611 "Conflict of Interest", and the State Statutes governing conflicts of interest. The Provider shall
disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the
Above provisions. This disclosure shall occur immediately upon knowledge of such possible conflict. The City
will then render an. opinion which shall be binding on both parties.
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SECTION VITI:
INDEMNIFICATION
The Provider shall indemnify and hold harmless the City from any and aU claims, liability, losses and causes of
action which may arise out of the Agreement. The Provider, through its insurance carrier, shall pay all claims
and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the City,
when applicable, and shall pay all costs and judgements which may issue thereon.
Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved
in any way in the perfonnance of the Agreement.
The Provider shall submit to the City an ORIGINAL Certificate of Insurance.
All insurance coverage shall be approved by the City's Risk management Office prior to the release of any funds
under this Agreement.
Further, in the event evidence of such insurance is not forwarded to the Risk Management Office within thirty (30)
days after the execution of this Agreement, this Agreement shall become null and void and the City shall have no
obligation under the tenns thereof unless a written extension of this thirty (30) day requirement is secured from
the Insurance Manager.
SECTION IX:
REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests heavily on the ability to produce an impact in
low/moderate income areas, through progress in accomplishing scheduled activities. An effective method for
maintaining project progress against a previously established schedule is through project evaluation and reporting,
which will consist of both written reports and staff discussions on a regular basis. The Provider also assures
prompt and efficient submission of the following:
A.
Monthly Reports are due no later than the tenth (10th) day of the succeeding month and shall include the
request for payment when applicable. Contents of the Monthly Report, attached hereto and made a part
hereof as Appendix 3, shall include but not necessarily be limited to the following:
1. The Narrative Report Forn1
2. The Financial Summary Fonn, which shall include the request for payment and documentation, as
applicable. ' .
3. . The Client Profile Fonn
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B. Semi-Annual Pro2resS Evaluation. No later than April 10, the Provider shall submit evaluation of the
effectiveness of the program during the first six months of the year. The purpose of this report is tb permit
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Page 8 of 17
the City to implement a subrecipieni ranking system for requests for funding for the subsequent program
year. This report shall be provided on forms to be developed by the City. This requirement may be waived
if the Provider elects not to request funding in the subsequent program year.
C. Final Evaluation. Within twenty (20) days of contract completion, a final report documenting how the
Statutory National Objective and the eligibility requirements were met, must be submitted by the Provider
to the City's Community Development Division for review and approval. The contents of same shall
include a cumulative total of the data submitted during the program's operation. . Further, such report shall
include statistical findings which depict program efficiency; i.e., the number of dollars spent, including non-
CDBG funding sources, to rcnder actual service to program recipients, and an overall evaluation of the
program's effectiveness, and quantitative results. The final report win be evaluated and the Provider will
be notified if additional data is necessary or that the project/activity is considered "closed-out".
Other Reporting Requirements may be required by the City in the event of program changes, need for additional
information or documentation and/or legislation amendments. The Provider shall be infonned, in writing, if any
changes become necessary.
Reports and/or requested documentation not received by the due date, shall be considered delinquent, and may be
considered by the City as sufficient cause to suspend CDBG payments to the Provider.
SECTION X:
AUDIT AND INSPECTIONS
At any time d,uring nomlal business hours and as often as City and/or Federal Government representatives may
deem necessary, there shall be made available to representatives of the City and/or the Federal Government an
opportunity to review, inspect or audit all records, documentation, and any other data relating to all matters
covered by the Agreement.
An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal year.
The audit shall be perfonned in accordance with OMB Circular A-I10 Attachment F, O:MB Circular A-133 or
OMB Circular A-128, as applicable. If this Agreement is closed-out prior to the receipt of an audit report, the
City reserves the right to recover any disallowed costs identified in an audit after such close-out.
SECTIQN XI: COMPLIANCE WIm LOCAL, STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may apply to program administration.
Additionally, the Provider will comply with all state and local laws and ordinances hereto applicable.
SECTION Xll:
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be used
for compensation originated from grants of federal Community Development Block Grant funds, and fuust be
implemented in full compliance with all of HUD's rules and regulations.
It is expressly understood and agreed that in the event of curtail1nent or non-production of said federal grabt funds,
that the financial sources necessary to continue to pay the Provider compensation will not be available and that this
Agreement will thereby tenninate effective as of the time that it is detennined that said funds are no longer
available.
In the event of such detennination, the Provider agrees that it will not look to, nor seek to hold liable, the City
Page 9 of 17
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or any individual member of the City COl11inission thereof personally for the perfonnance of this Agreement and
all of the parties hereto shall be released from further liability each to the other under the tenns of this Agreement.
ns WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed by their duly authorized
officials on the day and date first above indicated. .
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CLEARWATER NEIGHBORHOOD HOUSING . .',1
SERVICES:]
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By
President
Cynthia Goudeau
City Clerk
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Date
, ATTEST:,
Secretary
Date
. Countersigned:
CITY OF. CLEARW A TER, FLORIDA
Rita Garvey
Mayor-Commissioner
By
Michael Wright
City Manager
Date
ATTEST:
Date
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Page 10 of 17
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Approved as to form &. correctness:
Miles A. Lance
Assistant City .Attorney
Contract between City of ClearWater and CLEARWATER NEIOHBORHOOD SERVICES
.
EQUAL EMPLO,YMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER ~~235
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction
work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CPR Chapter 60, which
is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the
Federal Government pursuant to the grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following Equal Opportunity
clause:
During the performance of this contract, the contractor agrees as follows:
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(1)
The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The contractor will take affimmtive action to ensure that applicants
are employed, and that employees are treated during employment without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recnlitment advertising; layoff or
tennination; rates of payor other fonns of compensation; and selection of training, including
apprenticeship. The contractor agrees tp post in a conspicuous place, available to employees and applicants
for employment, notices to be provided setting forth the provision of this nondiscrimination clause.
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(2) The contractor will, in all solicitations or advertisements for employees placed by or behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representative of the contractor's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the niles, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all infonnation and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto; and will
pennit access to his books, records, and accounts by the administering agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with
any of the said rules, regulations, or orders, this contract may be canceled, tennimited, or suspended in
whole or in part and the contractor may be declared ineligible for further government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided
Page 12 of 17
by law.
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1). and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by roles,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Ordet 11246
of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as. the administering
agency may direct as a means of enforcing such provisions, including sanctions for non-compliance
provided, however, that in the event a contractor becomes involved in or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the administering agency, the contractor may
request the United States to enter into such litigation to protect the interest of the United States.
The applicant further agrees that it will be bound by the above Equal Opportunity clause with respect to its own
employment practices when it participates in federally assisted construction work: provided that, if the applicant
so participating is a State or local government, the above Equal Opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of
Labor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity clause and the
rules, regulations, and relevant orders of the Secretary of Labor, t.hat it will furnish the administering agency and
the Secretary of Labor such infonnation as they may require for the supervision of such compliance, and that it
will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing
compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to
Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated
eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order
and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed
upon contractors and subcontractors by the administering agency of the Secretary of Labor pursuant to Par II,
Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these
undertakings, the administering agency may take any or all of the following actions: cancel, terminate, suspend
in whole or in part this grant (contract, loan, insurance guarantee); refrain from extending any further assistance
to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance
of future compliance has been received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
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Page 13 of 17
SECTION 3 CLAUSE
A. The work to be performed under this contract is on a project assisted under a program, providing direct
Federal financial assistance from the Department of Housing and Urban Development and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 lJ.S.C.
1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment
be given to lower income residents of the project area, and contracts for work in connection with the project
be awarded to business concerns which are located in, or owned in substantial part by persons residing in
the area of the project.
B. The parties to this contract will comply with the provision of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135.20, and all
applicable rules and orders of the Department issued thereunder prior to the ex.ecution of this contract The
parties to this contract certify and agree that they are under no contractual or other disability which would
prevent them from complying with these requirements.
C. The contractor will send to each labor organization or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor
organization of workers' representative of his commitments under'this Section 3 Clause and shan post
copies of the notice in conspicuous places available to employees and applicants for employment or trnining.
D. The contractor will include this Section 3 Clause in every subcontract for work in connection with the
project and will, at the direction of the applicant for or recipient of Federal financial assistarice, take
appropriate action pursuant to the subcontract upon a rmding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, 24 CPR 135.20. The contractor
will not subcontract with any subcontractor where it has notice or knowledge that the latter has beeh found
in violation of regulations under 24 CFR 135.20, and will not let any subcontract unless the subcOntractor
has first provided it with a preliminary statement of ability to comply with the requirements of these
regu lations.
E.
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20, and all applicable
ndes and orders of the Department issued thereunder prior to the execution of the contract, shall be a
condition of the federal financial assistance provided to the project, binding upon the applicant ot recipient
for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the
applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions
specified by the grant or loan agreement or contract through which Federal assistance is provided, and to
such sanctions as are specified by 24 CFR 135.20.
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ACKNOWLEDGEMErsT"OF ECONOMIC DEVELOPMENT ACTIVITIES
If the Provider will be using CDBG funds for an Economic Development Activity, the following federal
requirements must be acknowledged:
A low/moderate jobs activity is one which ~(~<&tcs or retain& pemlanent jobs, at least 51 % of which are takm by
low/moderate income persons or considered to be available to low/moderate income persons.
LOWIMODERATE INCOME JOBS
Criteria
In counting jobs created or jobs retained, the following policies apply:
o Part-time jobs must be converted to full-time equivalents.
o Only permanent jobs count.
o Temporary jobs may not be included.
o Trickle-down jobs Gobs indirectly created by the assisted activity may not be counted).
o Regardless of the sources of funding, all permanent jobs created by the activity must be counted.
..'
For jobs retained, the following additional criteria apply:
o There is clear and objective evidence that penn anent jobs will be lost without CDBG assistance.
Such evidence includes: a notice by the business to affected employees, a public announcement by
the business, or relevant financial records. .
o
Retained jobs are considered to involve the employment of low/moderate income persons if 51 %
of such jobs are known to be held by low/moderate income persons when CDBG assistilitce is
provided. · .
Jobs are' considered to be available to low/moderate income persons when both the following coriditions are
fulfilled: ;:; ,
o Special skills that can only be acquired with one or more years of training or work: experience, or .
education beyond high School, are not a pre-requisite to ftlI such jobs, or else the 6tisiness
nevertheless agrees to rure unqualified persons and train them; and ,..";
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o The Provider ensures that the assisted business adheres to the principles of "first consideratiort" by:
using a hiring practice that in all likelihood will result in over 51 % of those hired beirig
low/moderate income persons; seriously considering a sufficient number of low/moderate mcome
.
Page 15 of 17
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job applicants to meet this iritent; detennining that the distance from the job applicant's residence
is close to the job site or that transportation is available to the job site. ' -
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RECORDS TO BE MAINTAINED
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Where the low/moderate income benefit is based on iob creation, the Provider's files must inciude the
documentation described in either (A) or (B) below:
(A) For activities where at least 51 % of the jobs will be available to low/moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that it will make at least 51 % of the jobs available to low/moderate
income persons and will provide training for any of those jobs requiring special skills or education;
and,
o A listing by job title of the penn anent jobs to be created, indicating which jobs will be avcliIable to
low/moderate income persons, which jobs require special skills or education, and which jobs are
part-time; and,
o A description of actions to be taken by the Provider and business to ensure that low/Iiioderate
income persons receive "frrst consideration" for these jobs; and,
o A listing, by job title, of permanent jobs filled, and which jobs were available to low/moderate
income persons, as well as a description of how "first consideration" was given to such persons for
those jobs. The description must include what type of hiring process was used; which low/moderate
income persons were interviewed for a particular job and which interviewees were hired.
(B) For activities where at least 51 % of the jobs will be taken by low/moderate income persons, documentation
for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that at least 51 % of the jobs, on a full-time equivalent basis; will be
taken by low/moderate income persons and a listing by job title of the pennartentjobs created; and,
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o A listing, by job title, of the pemlanent jobs filled and which jobs were initially. held by
low/moderate income persons; and,
o Information on the size and annual income of the persons' immediate family prior to the
low/moderate income person being hired for the job. . .,
Where low/moderate income benefit is based on job ,retention, the fues must include the following docillilentation:
Page 16 of 17
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o Evidence that jobs would be lost without CDBG assistance.
o A listing, by job title, of penn anent jobs retained, indicating which of those jobs are part-iline and
(if known) which are held by low/moderate income persons at the time the assistance is provided.
o Identification of any retained jobs not already held by low/moderate income persons which are
projected to become available to low/moderate income persons through job turnover. within two
years of the time CDBG assistance is provided. (Job turnover projections should also be included
in the record.)
o Infonnation on the size and annual income of the low/moderate income persons' immediate family
for each retained job claimed to be held by a low/moderate income person. Acceptable
documentation on job applicant! employee family income includes anyone of the following:
~ Notice that job applicant/employee is a referral from state, county, or local employment agency or
other entity that agrees to refer individuals determined to be low/moderate income according to
HUD criteria. (These entities must maintain documentation for city Of federal inspection.)
~ Written certification, signed by the job applicant/employee, of family income and size to establish
low / moderate income status by showing: the actual income of the family, or a statement that the
family income is below CDBG low/moderate income requirements. (These certifications must
include a statement that they are subject to verification by the local or federal government.)
~ Evidence that job applicant/ employee qualifies for assistance under another program with income
qualification criteria at least as restrictive as those used by the CDBG program, such as t'eferrals
from the Job Training Partnership Act (JTPA) Program, except for referrals tinder the JTPA Title
ill Program for dislocated workers.
ADDITIONAL CONSIDERATIONS
The Provider must prepare a "necessary or appropriat~" detennination whenever CDBG assistance is provided for
a private, for-profit entity carrying out economic development . . .... .
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AGREEMENT
TInS AGREEMENT is entered into this 1st day of October, 1993, by and between the City of
Clearwater, a Florida municipal corporation, having its principal office at 112 South Osceola Avenue,
Clearwater, Florida, hereinafter referred to as the "City", and SGT ALLEN MOORE CO!v.t.M:uNtTY
P ARTNERSIDP, hereinafter referred to as the "Provider".
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U,S, Department of Housing and Urban
Development for the purpose of conducting a Housing and Community Development Program (HUD) with
federal financial assistance under Title I of the Housing and Community Development Act of 1974, as
amended, hereinafter called" Act"; and the Cranston-Gonzalez National Affordable Housing Act of 1990; ahd
WHEREAS, the City has detennined through its Year Nineteen Final Statement of Objectives and
Projected Use of Funds, which was adopted by City of Clearwater July 15, 1993, the necessity for operational
assistance to agency for counseling and other related services to alcohol- and drug-addicted people; and
WHEREAS, the City desires to engage the Provider to render certain seIVices in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I:
SCOPE OF SERVICES
A, The Provider agrees to implement social service program for alcohol- and drug-addicted people ill the
North Greenwood neighborhood, in accordance with the projected accomplishments attached and made
a fully binding part of this Agreement, as Appendix I, as follows:
Operation of the alcohol and drug counseling center located at 1201 Betty Lane, Clearwater, Florida.
Operational assistance to include funding for utilities, telephone, pest control and office supplies,
Activities to be provided by agency to include counseling, assessment and referrals and training.
SECTION IT:
CONDITION OF SERVICE
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The Provider hereby agrees to the following:
A, The Program shall provide assistance to alleviate conditions which contribute to neighbor~ood
deterioration as identified in Section 570. 208 (b).
B. The Provider shall maintain a citizen participation mechanism, which will include; but not be lililited
to the following:
Page 1 of 16
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1 Logging citizen comments or complaints when received.
2, Copies of comments and/or complaints received in writing,
3, Copies of responses to complaints and/or explanations of resolutions to complaints.
C. The Provider shall comply with the following attachments to the Office of Management and Budget
(OMB) Circular No. A-IIG, "Unifonn Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations", incorporated by
reference into this Agreement.
1, Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit insurance.
2. Attachment E, "Bonding and Insurance",
3, Attachment C, "Retention and Custodial Requirements for Records", except that in lieu of the
provisions in paragraph 4, the retention period for records pertaining to individual CDBG
activities starts from the date of expiration of this Agreement, as prescribed in 570,507, in which
the specific activity is reported on for the final time, . '
4. Attachment F, "Standards for Financial Management Systems",
5, Attachment H, '''Monitoring and Reporting Program Perfonnance", paragraph 2,
6, Attachment N, "Monitoring Management Standards", except for paragraph 3 concerning the
standards for real property and except that paragraphs 6 and 7 are modified so that in all cases
in which personal property is sold, the proceeds shall be "program income" and that perSonal
property not needed by the sub-recipient for CDBG activities shall be transferred to the recipient
for the CDBG program or shall be retained after compensating the recipient.
7,
Attachment 0, ,"Procurement Standards",
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D, Costs incurred under this program shall be in compliance with Federal Management Circular No. A-
122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this Agreement.
B, The Provider shall abide by those provisions of 24 CPR Part 570 subpart J, when applicAble,
incorporated by reference into this Agreement.
, "
F, No expenditures or obligations shall be incurred for the program prior to approval and release of fuhds
from the D,S, Department of Housing and Urban Development. Further, it is expressly understood that
in the event no funds are released from the D.S, Department of Housing and Urban Developh1~ht ill
connection with this Program, then the City is not liable for any claims under this contract. ,:~,
G, The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied ,the
Page 2 of 16
benefits of the program on the groUlld of race, color, n~tional origin or sex.
H. The Provider agrees that to the extent that it staffs the Program with personnel not presently employed
by said party, it will take affinnative action in attempting to employ low income persons residing in the
City of Clearwater, particularly minority group members,
I. The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program Income", gross
income directly generated from the use of CDBG funds. In those instances where the City allows the
sub-recipient to retain program income, these funds shall be expended for CDBG eligible activities,
previously approved by the City in accordance with the projected accomplishments and budget
descriptions attached to this Agreement.
], The Provider shall adhere to the applicable requirements contained in the "Acknowledgement of
Economic Development Activities", attached hereto and made a part hereof as Appendix 2, if
applicable.
K. The Provider shall comply with First Amendment Church/State principles, as follows:
1. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the basis
of religion,
2. It will not discriminate against any person applying for public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion,
3. It will provide no religious instruction or counseling, conduct no religious worship or services,
engage in no religious proselytizing, and exert no other religious influence in the provision of
such public services.
4. The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or religious symbols or decorations,
5.
The funds received under this Agreement shall not be used to construct, rehabilitate, or restote
any religious facility which is owned by the Provider and in which the public services are to be
provided, However, minor repairs may made if such repairs are directly related to the public
services; are located in a' structure used exclusively for non-religious purposes; and constitute,
in dollar terms, only a minor portion of the CDBG expenditure for the public services.' ,
L, The Provider shall transfer to the City upon expiration of this Agreement, any CDBG funds on hand
at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The
following restrictions and limitations apply to any real property under the Provider's control which was
acquired or improved in whole or in part with CDBG funds in excess of $25,000:
1, Any real property under the Provider's control must be used to meet one of the National
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Page 3 of 16
Objectives in the CDBG Regulations. Part 570.208 until five years or such longer period of tihie
as determined appropriate by the City after expiration of the Agreement, "
2. If the real property is sold within the period of time specified above, the property must be
disposed of in a manner which results in the City being reimbursed in the amount of the current
fair market value of the property, less any portion thereof attributable to expenditures ort oon-
CDBG funds for acquisition of, or improvement to, the property, Such reimbursement is
required,
M, The Provider agrees that when sponsoring a project financed in whole or in part under this Agreement,
all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of
the project, research reports, and similar public notices prepared and released by the Provider shill
include the statement:
FUNDED BY THE CITY OF CLEARWATER
COM1\nJN1TY DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words "CITY OF CLEARWATER COM:MlJNlTY 'DEVELOPMEN'r
, BLOCK GRANT FUNDS ADMINISTERED BY THE DEPARTMENT OF PLANNING AND
URBAN DEVELOPMENT" shall appear in the same size letters or type as the name of the Provider,
N.. The Provider shall ensure the following when entering into a sub-contract agreement:
1, The full correct legal name of the party shall be identified,
2. The "Scope of Services" shall describe the activities to be performed.
0, The Provider shall maintain sufficient records in accordance with 24 CFR 570'.502 and 570.506 to
determine compliance with the requirements of this Agreement, the Community Development Block
Grant Program and all applicable laws and regulations.
This documentation shall include, but,not be limited to, the following:
1. Books, records and documents in accordance with generally accepted accolinting principles,
procedures and practices ,which sufficiently and properly reflect all revenues and expendifures
of funds provided directly or indirectly by this Agreement, including matching funds, and
program income. ,'t~:
2. Time sheets for split-funded employees who work on more than one activity, in order to record
the CDBG activity delivery cost by project and the non-CDBG related charges. '
3. How the Statutory National Objective(s) and the eligibility requirement(s) under which funding
has been received, have been met These also include special requiremerits such as necesSAty
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Page 4 of 16
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and appropriate determinations, income certifications, written agreements with beneficiaries,
where applicable.
p, The Provider is responsible for maintaining and storing all records peltinent to this Agreement in an
orderly fashion in a readily accessible, permanent and secured location for a period of three (3) years
after expiration of this Agreement, with the following exception: if any litigation, claim or audit is
started before the expiration date of the three year period, the records will be maintained until all
litigation, claims or audit findings involving these records are resolved. The City shall be infonned in
writing after close-out of this Agreement, of the address where the records are to be kept.
SECTION ill:
TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by the U. S, Department of
Housing and Urban Development and being duly executed by both parties, whichever is later,
This project shall become operational as of October 1, 1993, and shall continue through September 30, 1994.
SECTION IV:
TERMINATION
The City and the Provider agree:
A, This Agreement may be terminated by either party hereto by written notice of the other party of such
intent to tenninate at least thirty (30) days prior to the effective date of such tennination,
B, This Agreement may be terminated in whole or in part, for convenience, when both parties agree upon
the termination conditions. A written notification shall ,be required and shall include the following:
reason for the tennination, the effective date, and in the case of a partial termination, the actual pottion
to be tenninated. However, if, in the case of a partial tennination, the City detennines that the
remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may
terminate such in its entirety,
C, The City may place the Provider in default of this Agreement, and may suspend or terminate this ,
Agreement in whole, or in part, for cause.
1. Ca.use shall include, but not be limited to, the following:
Failure to comply and/or perform in accordance with this Agreement, or my fedetal
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statute or regulation, " ,0
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b.
Submitting reports to the City which are late, incorrect or incomplete in any mateiial
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c. Implementation of this Agreeillent, for any reason, is tendered impossible or iilfeilslble.
Page 5 of 16
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d, Failure to respond in writing to any concenlS raised by the City, including substantiating
documents when required/requested by the City.
2,
e, Any evidence of fraud, mismanagement, andlor waste, as detennined by the City's
monitoring of the subrecipient, and applicable HUD rules and regulations.
The City shall notify the Provider in writing when the Provider has been placed in default. Such
notification shall include actions taken by the City, such as withholding of payments, actions to
be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable
date for compliance, which shall be no more than fifteen (15) days from notification date.
'I
3, The City shall notify the Provider in writing when sufficient cause is found for termination of
this Agreement. TIle Provider shall be given no more than fifteen (15) days in which to reply
in writing, appealing the termination prior to final action being taken by the City.
D, Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds of
the D,S, Department of Housing and Urban Development, tIus Agreement will terminate effective as
of the time that it is detennined such funds are no longer available.
E, Costs of the Provider resulting from obligations incurred during a suspension or after tennination, are
not allowable unless the City expressly authorizes them in the notice of suspension or termination or
subsequently, Other costs during suspension or after termination which are necessary and not
reasonably avoidable are allowable if:
1. The costs result from obligations which were properly incurred before the effective date of
suspension or termination, are not in anticipation of it, and in the case of tennination, are
noncancelable, and I
2, TIle costs would be allowable if the award were not suspended or expired normally at the end
of the Agreement in which the tennination takes effect.
F, Upon tennination of the Agreement, the Provider and the City shall meet to discuss the City's
detennination if any amounts are to be repaid to the City or if additional amounts are due the Provider,
SECTION V:
AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been
reduced to writing and duly signed by both parties, Any changes which do not substantially change the scope
of the project and lor the Project Implementation Schedule or increase the total amount payable under this
Agreement, shall be valid only when reduced to writing and signed by the City Administration and the
Provider,
The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement unless
and until the City officially, in writing, approves such expenditure by executing a written modification to the
original Agreement.
Page 6 of 16'
SECTION VI:
METHOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures
incurred shall not exceed TInRTYTHOUSAND ONE HUNDRED ONE DOLLARS ($30,101.00), Such funds
must be expended during the tenn of the Agreement, and any remaining balance of funds shall revert to the
City, Such compensation shall be paid in accordance with the projected accomplishments and budget
descriptions attached hereto and made a part hereof as Appendix 1, '
A, The Provider shall submit monthly requests for payment for actual expenditures, including applicable
back-up documentation, no later than the tenth (lOth) day of the succeeding month and the City will
provide reimbursement, upon approval, within ten (10) working days after receipt of the same, if
submitted by the deadline data for inclusion on the drawdown request.
B. The City agrees to pay the Provider for expenditures incurred under this Agreement on a monthly basis
in accordance with the Budget and Project Implementation Schedule attached hereto and made a part
hereof as Appendix 1. Line item transfers are allowable only within each component and ma.y JlQt
exceed in the aggregate fifteen percent (15 %) of each line item without prior written approval of the
City, All changes amounting to more than futeen percent (15%) require prior written approval,
SECTION VTI:
CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any functions or
responsibilities in connection with Community Development funded activities, has any personal fmancial
interests, direct or indirect, in this Agreement. The Provider covenants that in the perfonnance of this
Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will
comply with all provisions of 24 CFR 570,611 II Conflict of Interest II , and the State Statutes governing conflicts
of interest. The Provider shall disclose, in writing, to the City any possible conflict41g interest or apparent
impropriety that is covered by the Above provisions, This disclosure shall occur immediately upon knowledge
of such possible conflict. The City will then render an opinion which shall be binding on both p~es.
SECTION VIll:
INDEl\1NIFICA TION.
,
The Provider shall indemnify and hold hannless the City from any and all claims, liability, losses and causes
of action which may arise out of the Agreement. The Provider, through its insurance carrier, shall pa.y fill
claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the ilarlie of
the City, when applicable, and shall pay all costs and judgements which may issue thereon, ':;,:~:
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Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved
in any way in the perfonnance of the Agreement. ' ,r~',
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The Provider shall submit to the City an ORIGINAL Certificate of Insurance,
All insurance coverage shall be approved by the City's Risk management Office prior to the release of any
funds under this Agreement. " '
,
, "
Page 7 of 16
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Further, in the event evidence of such insurance is not forwarded to the Risk Management Office withiit thirty
(30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall
have no obligation under the terms thereof unless a written extension of this thirty (30) day requiremerlt is
secured from the Insurance Manager, '
SECTION IX:
REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests heavily on the ability to produce an impact
in low Imoderate income areas, through progress in accomplishing scheduled activities. An effective method
for maintaining project progress against a previously established schedule is through project evaluatiott and
reporting, which will consist of both written reports and staff discussions on a regular basis. The Provider also'
assures prompt and efficient submission of the following:
A, Monthly Reports are due no later than the tenth (lOth) day of the succeeding month and shall inc1ude
the request for payment when applicable. Contents of the Monthly Report, attached hereto and made
a part hereof as Appendix 3, shall include but not necessarily be limited to the following:
1. The Narrative Report Form
2. The Financial Summary Fonn, which shall include the request for payment and documentation,
as applicable.
3. The Client Profile Fonn
B, Semi-Annual Prot:ress Evaluation. No later than Apri110, the Provider shall submit evaluation of the
effectiveness of the program during the fIrst six months of the year. The purpose of this report is to
permit the City to implement a subrecipient ranking system for requests for funding for the subsequent
program year. This report shall be provided on fonns to be developed by the City, This requirement
may be waived if the Provider elects not to request funding in the subsequent program year.
C, Final Evaluation. Within twenty (20) days of contract completion, a final report documenting how the
Statutory National Objective and the eligibility requirements were met, must be submitted by the
Provider to the City's Community Development Division for review and approval, The contents of
same shall include a cumulative total of the data submitted during the program's operation, Further,
such report shall include statistical findings which depict program efficiency; Le., the number of dollars
spent, including non-CDBG funding sources, to render actual service to program recipients, and an
overall evaluation of the program's effectiveness, and quantitative results, The fmal report will be
evaluated and the Provider will be notified if additional data is necessary or that the project/activity is
considered "closed-outll.
Reports and/or requested documentation not received by the due date, shall be considered delinquent, and. may
be considered by the City as sufficient cause to suspend CDBG payments to the Provider. ;,;
Other Reporting Requirements may be required by the City in the event of program changes, need fot
additional infonnation or documentation andlor legislation amendments. The Provider shall be informed; ih
writing, if any changes become necessary, ' ;"'t
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Page 8 of 16
SECTION-X!.
AUDIT AND INSPECTIONS
At any time during nonnal business hours and as often as City and/or Federal Government representatives may
deem necessary, there shall be made available to representatives of the City and/or the Federal Government
an opportunity to review, inspect or audit all records, documentation, and any other data relating to all tnattets
covered by the Agreement. '
An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal year.
The audit shall be performed in accordance with OMB Circular A-II0 Attachnlent F,. O:MB Circular A-133
or O:MB Circular A-128, as applicable, If this Agreement is closed-out prior to the receipt of an audit repott,
the City reserves the right to recover any disallowed costs identified in an audit after such close-out,
SECTIQN-Xl;. CO~CE Wlm LOCAL. SrATE & FEDERAL REGULATIONS.
The Provider agrees to comply with all applicable federal regulations as they may apply to program
administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable,
SECTION Xll:
NlDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be
used for compensation originated from grants of federal Community Development Block Grant funds, and must
be implemented in full compliance with all of HUD's ndes and regulations.
It is expressly understood and agreed that in the event of curtailment or non-production of said federal gtant
funds, that the fimmcial sources necessary to continue to pay the Provider compensation will not be available
and that this Agreement will thereby tenninate effective as of the time that it is detennined that said funds are
no longer available.
In the event of such detennination, the Provider agrees that it will not look to, nor seek to hold liable, the City
or any individual member of the City Commission thereof personally for the perfonnance of this Agreement
and all of the parties hereto shall be released from further liability each to the other under the tenns of this
Agreement.
IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed by their duly
authorized officials on the day and date frrst above indicated.
SGT ALLEN MOORE
PARTNERSHIP
COMMUNITY
,
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By
President
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Date
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Page' 9 of 16
ATTEST:
Secretary
Date
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
,Mayor-Commissioner
By
Michael Wright
City Manager
Date
ATIEST:
Cynthia Goudeau
City Clerk
Approved as to form & correctness:
Date
Miles A. Lance
Assistant City Attorney.
Contract between City of ClearWater and SOT ALLEN MOORE COMMUNITY PARTNERSHIP
hPage 10 of 16
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EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11235
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for
construction work, .or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CPR
Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Governrilent or,
borrowed on the credit of the Federal Government pursuant to the grant, contract, loan insurance, or guarantee,
or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee,
the following Equal Opportunity clause:
<;
During the perfonnance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The contractor will take affinnative action to ensure that
applicants are employed, and that employees are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recnJitment or recruitment advertising; layoff or
tennination; rates of payor other fonns of compensation; and selection of training, ~cluding
apprenticeship. The contractor agrees to post in a conspicuous place, available to employees and
applicants for employment, notices to be provided setting forth the provision of this nondiscrimination
clause. '
(2) The contractor will, in all solicitations or advertisements for employees placed by or behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representative of the contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and
of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secre~ of Labor, or pursuant thereto, and will
penuit access to his books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such roles, regulations, and oidets.
(6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, tenninated, or
suspended in whole or in part and the contractor may be declared ineligible for further goventtnent
contracts or federally assisted construction contracts in accordance with procedures authorized in
"
" ,
Page 11 of 16
Executive Order 11246 of September 24, 1965, or by role, regulation, or order of the Secretary of
Labor, or as otherwise provided by law,
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1), and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by
nlles, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor, The contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including sanctions for
non-compliance provided, however, that in the event a contractor becomes involved in or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the contractor may request the United States to enter into such litigation to protect the interest of the
United States.
rhe applicant further agrees that it will be bound by the above Equal Opportunity clause with respect to its own
employment practices when it participates in federally assisted construction work: provided that, if the applicant
so participating is a State or local government, the above Equal Opportunity clause is not applicable to any
agency, instnlmentality or subdivision of such government which does not participate in work on or tinder the
contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary
of Labor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity clause and
the rules, regulations, and relevant orders of the Secretary of Labor, that it will futnish the administering
agency and the Secretary of Labor such information as they may require for the supervision of such
compHance, and that it will otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject
to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has hot
demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the
Executive Order and will carry out such sanctions and penalties for violation of the equ3.1 opportunity claUse
as may be imposed upon contractors and subcontractors by the administering agency of the Secretary of Labor
pursuant to Par il, Subpart D of the Executive Order, In addition, the applicant agrees that if it fails or refuses
to comply with these undertakings, the administering agency may take any or all of the following act1~ns:
cancel, tenninate, suspend in whole or in part this grant (contract, loan, insurance guarantee); refrain from
extending any further assistance to the applicant under the program with respect to which the failure or tefund
occurred until satisfactory assurance of future compliance has been received from such applicant; and refet the
case to the Department of Justice for appropriate legal proceedings.
'.
Page 12 of 16
SECTION 3 CLAUSE
A. The work to be perfonned under this contract is on a project assisted under a program providing direct
Federal financial assistance from the Department of Housing and Urban Development and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U, S. C. 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area, and contracts for work in
connection with the project be awarded to business concerns which are located in, or owned in
substantial part by persons residing in the area of the project.
B. The parties to this contract will comply with the provision of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CPR 135.20, and
all applicable rules and orders of the Department issued thereunder prior to the execution of this
contract. The parties to this contract certify and agree that they are under no contractual or other
disability which would prevent them from complying with these requirements,
C. The contractor will send to each labor organization or representative of workers with which he has a,
collective bargaining agreement or other contract or understanding, if any, a notice advising the said
labor organization of workers' representative of his commitments under this Section 3 Clause and shall
post copies of the notice in conspicuous places available to employees and applicants for employment
or training,
D. The contractor will include this Section 3 Clause in every subcontract for work in connection with the
project and will, at the direction of ' the applicant for or recipient of Federal [mandaI assistance, take
appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20, The
contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CPR 135,20, and will not let any subcontract uruess
the subcontractor has frrst provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
E, Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20, and all
applicable nIles and orders of the Department issued thereunder prior to the execution of the contract, ,
shall be a condition of the federal financial assistance provided to the project, binding upon the applicant
or recipient for such assistance, its successors, and assigns, Failure to fulfill these requirements shall
subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those
sanctions specified by the grant or loan agreement or contract throught which Federal assistarlce is
provided, and to such sanctions as are specified by 24 CFR 135.20, .
Page 13 of 16
-,
ACKNOWLEDGEMENT OF ECONOMIC DEVELQPMENT ACTIVITIES
If the Provider will be using CnBG funds for an Economic Development Activity, the following federal
requirements must be acknowledged:
LOWIMODERATE INCOME JOBS
Criteria
A low/moderate jobs activity is one which creates or retains penn anent jobs, at least 51 % of which are 1&gm
by low/moderate income persons or considered to be available to low/moderate income persons,
In counting jobs created or jobs retained, the following policies apply:
o Part-time jobs must be converted to full-time equivalents.
o
Only penllanent jobs count.
o Temporary jobs may not be included,
o Regardless of the sources of funding, all permanent jobs created by the activity must be courited.
o Trickle-down jobs (jobs indirectly created by the assisted activity may not be counted),
For jobs retained, the following additional criteria apply:
o There is clear and objective evidence that penn anent jobs will be lost without CDBG assistance.
Such evidence includes: a notice by the business to affected employees, a public announcefuent
by the business, or relevant financial records,
o
Retained jobs are considered to involve the employment of low Imoderate income persons if 51 %
of such jobs are known to be held by low/moderate income persons when CDBG assistance is
provided,
Jobs are considered to be available to low/moderate income persons when.bmh the following conditions are
fulfilled:
o Special skills that can only be acquired with one ot more years of training or work experience,
or education beyond high school, are not a pre-requisite to nn such jobs, or else tbe business'
nevertheless agrees to hire unqual~ed persons and train them; and
o The Provider ensures that the assisted business adheres to the principles of II frrst consideration"
by: using a hiring practice that in all likelihood will result in over 51 % of those hired being
low Imoderate income persons; seriously considering a sufficient number of low/moderate income
Page 14 of 16
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job applicants to meet this intent; determining that the distance from the job applicant's residence
is close to the job site or that transportation is available to the job site. \
RECORDS TO BE MAINTAINED
Where the low/moderate income benefit is based on job creation, the Provider's fues must include the
documentation described in either (A) or (B) below:
(A) For activities where at least 51 % of the jobs will be available to low/moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that it will make at least 51 % of the jobs available to
low/moderate income persons and will provide training for any of those jobs requiring special
skills or education; and,
o A listing by job title of the penn anent jobs to be created, indicating which jobs will be available
to low/moderate income persons, which jobs require special skills or education, and which jobs
are part-time; and,
o
A description of actions to be taken by the Provider and business to ensute that low/moderate
income persons receive "first consideration" for these jobs; and,
o A listing, by job title, of penn anent jobs filled, and which jobs were available to low/moderate
income persons, as well as a description of how "first consideration" was given to such persons
for those jobs. The description must include what type of hiring pr~cess was used; which
low/moderate income persons were interviewed for a particular job and which interviewees were
hired ,
(B) For activities where at least 51 % of the jobs will be taken by low/moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that at least 51 % of the jobs,ori a full-time equivalent basis, will
be taken 1;>y low/moderate income persons and a listing by job title of the pennariel1t jobs ,
created; and, ,
o A listing, by job title, of the penn anent jobs filled and which jobs were initially held by
low/moderate income persons; and,
o Infonnation on the size and annual income of the persons' immediate family prior to ,the
low/moderate income person being hired for the job.
Page 15 of 16
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Where low/moderate income benefit is based on job retention, the fues must include the following I
documentation:
o Evidence that jobs would be lost without CDBG assistance,
o A listing, by job title, of penn anent jobs retained, indicating which of those jobs are part-time
and (if known) which are held by low/moderate income persons at the time the, assistance is
provided .
o
Identification of any retained jobs not already held by low/moderate income persons which are
projected to become available to low/moderate income persons through job turnover within two
years of the time CDBG assistance is provided, (Job turnover projections should also be
included in the record,)
"
>,1
o Infonnation on the size and annual income of the low/moderate income persons' immediate
family for each retained job claimed to be held by a low/moderate income person. Acceptable
documentation on job applicant/ employee family income includes anyone of the following:
.,. Notice that job applicant/employee is a referral from state, county, or local employment agency
or other entity that agrees to refer individuals detennined to be low/moderate income according
to HUD criteria. (These entities must maintain documentation for city or federal inspection,)
.,. Written certification, signed by the job applicant/employee, of family income and size to
establish low/moderate income status by showing: the actual income of the family, or a statement
that the family income is below CDBG low/moderate income requirements, (These certifications
must include a statement that they are subject to verification by the local or federal government.)
.,. Evidence that job applicanUemployee qualifies for assistance under another program with income
qualification criteria at least as restrictive as those used by the CDBG program, such as referrals
from the Job Training Partnership Act (JTPA) Program, except for referrals under the JTPA
Title ill Program for dislocated workers,
ADDITIONAL CONSIDERATIONS
The Provider must prepare a "necessary or appropriate" determination whenever CDBG assistance is provided
for a private, for-profit entity carrying out economic development ' '. . '. '""',, "
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'AGREEMENT
TIllS AGREEMENT is entered into this 1st day of October, 1993, by and between the City of
Clearwater, a Florida municipal corporation, having its principal office at 112 South Osceola Avenue,
Clearwater, Florida, hereinafter referred to as the "City" , and TAMPA BAY COMMUNITY DEVELOPMENT
CORPORATION hereinafter referred to as the "Provider".
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S, Department of Housing and Urban
Development for the purpose of conducting a Housing and Community Development Program (I-IUD) with
federal financial assistance under Title I of the Housing and Community Development Act of 1974, as
amended, hereinafter called" Act"; and the Cranston-Gonzalez National Affordable Housing Act of 1990; and
WHEREAS, the City has determined through its Year Nineteen Final Statement of Objectives and
Projected Use of Funds, which was adopted by City of Clearwater July 15, 1993, the necessity for providing
program administrative, downpayment assistance and secondary financing for low and moderate income
families; and
WIIEREAS, the City desires to engage the Provider to render certain services in connection therewith:
NOW, TIIEREFORE, the parties hereto agree as follows:
SECTION I:
SCOPE OF SERVICES
A, The Provider agrees to implement the Homeownership Opportunity Program in Clearwater in
accordance with the projected accomplishments attached and made a fully binding part of this
Agreement, as Appendix 1, as follows:
Program administrative, downpayment assistance, and secondary financing for 14 low and moderate
income families to become homeowners in Clearwater.
SECTION II:
CONDITION OF SERVICE
The Provider hereby agrees to the following:
A, The Program provides housing services to eligible low or moderate income individuals or families,
B. The Provider shall maintain in its file the documentation on which basis it detennines that the project
benefits low and moderate income persons, minorities and residents of Clearwater. Such records shall
include, but not be limited to profiles identifying financial classification, head of household, ethnicity,
race and gender, or area benefit data, as required,
C, The Provider shall comply with the following attachments to the Office of Management and Budget
(OMB) Circular No. A-IIO, "Unifonn Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations", incorporated by
reference into this Agreement.
Page I of 16
1. Attachment A, "Cash Depositones", except for paragraph 4 concerning deposit insurance,
2. Attachment E, "Bonding and Insumnce".
3. Attachment C, "Retention and Custodial Requirements for Records", except that in lieu of the
provisions in paragmph 4, the retention period for records pertaining to individual CDBG
activities starts from the date of expiration of this Agreement, as prescribed in 570.507, in which
the specific activity is reported on for the final time.
4. Attachment F, "Standards for Financial Management Systems".
5. Attachment H, "Monitoring and Reporting Program Performance", paragraph 2.
6.
Attachment N, "Monitoring Management Standards", except for paragraph 3 concerning the
standards for real property and except that paragraphs 6 and 7 are modified so that in all cases
in which personal property is sold, the proceeds shall be "program income" and that personal
property not needed by the sub-recipient for CDBG activities shall be transferred to the recipient
for the CDBG program or shall be retained after compensating the recipient.
:l
7. Attachment 0, "Procurement Standards".
D. Costs incurred under this program shaIl be in compliance with Federal Management Circular No, A-
122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this Agreement.
E, The Provider shall abide by those provisions of 24 CFR Part 570 subpart J, when applicable,
incorporated by reference into this Agreement.
F, No expenditures or obligations shall be incurred for the program prior to approval and release of funds
from the U.S. Department of Housing and Urban Development. Further, it is expressly understood that
in the event no funds are released from the U.S. Department of Housing and Urban Development in
connection with this Program, then the City is not liable for any claims under this contract.
G. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the
benefits of the program on the ground of race, color, national origin or sex.
H. The Provider agrees that to the extent that it staffs the Program with personnel not presently employed
by said party, it will take affinnative action in attempting to employ low income persons residing in the
City of Clearwater, particularly minority group members.
1. The Provider shaH comply with the provisions of 24 CFR 570,504 (c), "Program Income", gross
income directly generated from the use of CDBa funds. In those instances where the City allows the
sub-recipient to retain program income, these funds shall be expended for CDBG eligible activities,
previously approved by the City in accordance with the projected accomplishments and budget
descriptions attached to this Agreement.
J, The Provider shall adhere to the applicable requirements contained in the "Acknowledgement of
Economic Development Activities", attached hereto and made a part hereof as Appendix 2, if
applicable.
Page 2 of 16
K, The Provider shall comply with First Amendment Church/State principles, as follows:
1, It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the basis
of religion.
2.
It will not discriminate against any person applying for public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion.
3,
It will provide no religious instruction or counseling, conduct no religious worship or services,
engage in no religious proselytizing, and exert no other religious influence in the provision of
such public services.
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4. The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or religious symbols or decorations.
5, The funds received under this Agreement shall not be used to constnlct, rehabilitate, or restore
any religious facility which is owned by the Provider and in which the public services are to be
provided, However, minor repairs may made if such repairs are directly related to the public
services; are located in a structure used exclusively for non-religious purposes; and constitute,
in dollar terms, only a minor portion of the CDBG expenditure for the public services.
L, The Provider shall transfer to the City upon expiration of this Agreement, any CDBG funds on hand
at the time of expiration and any accounts receivable attributable to the use of CDBG funds, The
following restrictions and limitations apply to any real property under the Provider's control which was
acquired or improved in whole or in part with CDBG funds in excess of $25,000:
1. Any real property under the Provider's control must be used to meet one of the National
Objectives in the CDBG Regulations. Part 570.208 until five years or such longer period of time
as detennined appropriate by the City after expiration of the Agreement.
2. If the real property is sold within the period of time specified above, the property must be
disposed of in a manner which results in the City being reimbursed in the amount of the current
fair market value of the property, less any portion thereof attributable to expenditures on non-
CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is
required. '
M,
The Provider agrees that when sponsoring a project financed in whole or in part under this Agreement,
all notices, infonnational pamphlets, press releases, advertisements, descriptions of the sponsorship of
the project, research reports, and similar public notices prepared and released by the Provider shall
include the statement:
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Page 3 of 16
FUNDED BY THE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM"
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In written materials, the words "CITY OF CLEARWATER COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS ADMINISTERED BY TIlE DEPARTMENT OF PLANNING AND
URBAN DEVELOPMENT" shall appear in the same size letters or type as the name of the Provider,
N.
The Provider shall ensure the following when entering into a sub-contract agreement:
I. The full correct legal name of the party shall be identified.
2. The "Scope of Services" shall describe the activities to be perfonned.
O. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to
detemline compliance with the requirements of this Agreement, the Community Development Block
Grant Program and all applicable laws and regulations.
This documentation shall include, but not be limited to, the following:
I. Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and expenditures
of funds provided directly or indirectly by this Agreement, including matching funds and
program income.
2. Time sheets for split-funded employees who work on more than one activity, in order to record
the CDBG activity delivery cost by project and the non-CDBG related charges,
3. How the Statutory National Objective(s) and the eligibility requirement(s) under which funding
has been received, have been met. These also include special requirements such as necessary
and appropriate detemlinations, income certifications, written agreements with beneficiaries,
where applicable.
P. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an
orderly fashion in a readily accessible, penn anent and secured location for a period of three (3) years
after expiration of this Agreement, with the following exception: if any litigation, claim or audit is
started before the expiration date of the three year period, the records will be maintained until all
litigation, claims or audit findings involving these records are resolved, The City shall be informed in
writing after close-out of this Agreement, of the address where the records are to be kept,
SECTION ill:
TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by the U.S. Department of
Housing and Urban Development and being duly executed by both parties, whichever is later,
This project shall become operational as of October I, 1993, and shall continue through September 30, 1994,
Page 4 of 16
SECTION IV:
TERMINATION
The City and the Provider agree:
A, This Agreement may be terminated by either party hereto by written notice of the other party of such
intent to terminate at least thirty (30) days prior to the effective date of such termination.
B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree upon
the termination conditions. A written notification shall be required and shall include the following:
reason for the tennination, the effective date, and in the case of a partial termination, the actual portion
to be tenninated. However, if, in the case of a partial termination, the City detennines that the
remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may
tenninate slIch in its entirety.
C, The City may place the Provider in default of this Agreement, and may suspend or tenninate this
Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perfoml in accordance with this Agreement, or any federal
statute or regulation,
b. Submitting reports to the City which are late, incorrect or incomplete in any material
respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible,
d. Failure to respond in writing to any concerns raised by the City, including substantiating
documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as detennined by the City's
monitoring of the subrecipient, and applicable HUD nlles and regulations.
2. The City shall notify the Provider in writing when the Provider has been placed in default, Such
notification shall include actions taken by the City, such as withholding of payments, actions to
be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable
date for compliance, which shall be 110 more than fifteen (15) days from notification date,
3. The City shall notify the Provider in writing when sufficient cause is found for tennination of
this Agreement. The Provider shall be given no more than fifteen (15) days in which to reply
in writing, appealing the termination prior to final action being taken by the City,
0, Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds of
the V,S. Department of Housing and Urban Development, this Agreement will terminate effective as
of the time that it is determined such funds are no longer available,
E, Costs of the Provider resulting from obligations incurred during a suspension or after tennination, are
not allowable unless the City expressly authorizes them in the notice of suspension or termination or
subsequently. Other costs during suspension or after tennination which are necessary and not
Page 5 of 16
reasonably avoidable are allowable if:
1. The costs result from obligations which were properly incurred before the effective date of
suspension or temlination, are not in anticipation of it, and in the case of temlination, are
noncancelable, and
F.
2. The costs would be allowable if the award were not suspended or expired normally at the end
of the Agreement in which the tennination takes effect.
Upon tennination of the Agreement, the Provider and the City shall meet to discuss the City's
detennination if any amounts are to be repaid to the City or if additional amounts are due the Provider.
SECTION V:
AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been
reduced to writing and duly signed by both parties. Any changes which do not substantially change the scope
of the project and/or the Project Implementation Schedule or increase the total amount payable under this
Agreement, shall be valid only when reduced to writing and signed by the City Administration and the
Provider.
..
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The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement unless
and until the City officially, in writing, approves such expenditure by executing a written modification to the
original Agreement.
SECTION VI:
METIIOD OF }>AYMENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures
incurred shall not exceed FORTY TIIOUSAND DOLLARS ($40.000) for program administrative,
downpayment assistance, and secondary financing costs for the Homeownership Opportunity Program. Such
funds must be expended during the term of the Agreement, and any remaining balance of funds shall revert
to the City, Such compensation shall be paid in accordance with the projected accomplishments and budget
descriptions attached hereto and made a part hereof as Appendix 1,
A. The Provider shall submit monthly requests for payment for actual expenditures, including applicable
back-up documentation, no later than the tenth (lOth) day of the succeeding month and the City will
provide reimbursement, upon approval, within ten (10) working days after receipt of the same, if
submitted by the deadline data for inclusion on the drawdown request.
B. The City agrees to pay the Provider for expenditures incurred under this Agreement on a monthly basis
in accordance with the Budget and Project Implementation Schedule attached hereto and made a part
hereof as Appendix 1. Line item transfers are allowable only within each component and may not
exceed in the aggregate fifteen percent (15 %) of each line item without prior written approval of the
City. All changes amounting to more than fifteen percent (15 %) require prior written approval.
SECTION VI1:
CONFLICT OF INTEREST
"
The Provider covenants that no person, under its employ who presently exercises any functions or
responsibilities in connection with Community Development funded activities, has any personal financial
interests, direct or indirect, in this Agreement. The Provider covenants that in the perfonnance of this
Page 6 of 16
. . . . . '.',J.~~
Agreement, no person having such conflicting interest shall be cmployed. Thc Provider covenants that it will
comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State Statutes governing conflicts
of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent
impropriety that is covered by the Above provisions. This disclosure shall occur immediately upon knowledge
of such possible conflict. The City will then render an opinion which shall be binding on both parties.
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SECTION VIII:
INDEMNIFICA TION
The Provider shall indemnify and hold hannless the City from any and all claims, liability, losses and causes
of action which may arise out of the Agreement. The Provider, through its insurance carrier, shall pay all
claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of
the City, when applicable, and shall pay all costs and judgements which may issue thereon.
Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved
in any way in the perfonnance of the Agreement.
The Provider shall submit to the City an ORIGINAL Certificate of Insurance.
All insurance coverage shall be approved by the City's Risk management Office prior to the release of any
funds under this Agreement.
Further, in the event evidence of such insurance is not forwarded to the Risk Management Office within thirty
(30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall
have no obligation under the tenns thereof unless a written extension of this thirty (30) day requirement is
secured from the Insurance Manager.
SECTION IX:
REPORTING AND EVALUATION REQUIRFMENTS
Maintaining credibility for the community development effort rests heavily on the ability to produce an impact
in low/moderate income areas, through progress in accomplishing scheduled activities. An effective method
for maintaining project progress against a previously established schedule is through project evaluation and
reporting, which will consist of both written reports and staff discussions on a regular basis. The Provider also
assures prompt and efficient submission of the following:
A. Monthly Reports are due no later than the tenth (10th) day of the succeeding month and shall include
the request for payment when applicable. Contents of the Monthly Report, attached hereto and made
a part hereof as Appendix 3, shall include but not necessarily be limited to the following:
I. The Narrative Report Ponn
2. The Financial Summary Form, which shall include the request for payment and documentation,
as applicable.
3. The Client Profile Fonn
B, Semi-Annual Proa:ress Evaluation. No later than April 10, the Provider shall sul?mit evaluation of the
effectiveness of the program during the first six months of the year, The purpose of this report is to
pennit the City to implement a subrecipient ranking system for requcsts for funding for the subsequent
program year, This report shall be provided on fonns to be developed by the City, This requirement
may be waived if the Provider elects not to request funding in the subsequent program year,
Page 7 of 16
C, Final Evaluation. Within twenty (20) days of contract completion, a final report documenting how the
Statutory National Objective and the eligibility requirements were met, must be submitted by the
Provider to the City's Community Development Division for review and approval. The contents of
same shall include a cumulative total of the data submitted during the program's operation. Further,
such report shall include statistical findings which depict program efficiency; Le., the number of dollars
spent, including non-CDBG funding sources, to render actual service to program recipients, and an
overall evaluation of the program's effectiveness, and quantitative results. The final report will be
evaluated and the Provider will be notified if additional data is necessary or that the project/activity is
considered "closed-out".
Other Reporting Requirements may be required by the City in the event of program changes, need for
additional infonnation or documentation and/or legislation amendments. The Provider shall be infonned, in
writing, if any changes become necessary.
Reports and/or requested documentation not received by the due date, shall be considered delinquent, and may
be considered by the City as sufficient cause to suspend CDBG payments to the Provider.
SECTION X:
AUDIT AND INSPECTIONS
At any time during nannal business hours and as often as City and/or Federal Government representatives may
deem necessary, there shall be made available to representatives of the City and/or the Federal Government
an opportunity to review, inspect or audit all records, documentation, and any other data relating to all matters
covered by the Agreement.
An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal year.
The audit shall be performed in accordance with OMB Circular A-lID Attachment F, O:M:B Circular A-133
or O:M:B Circular A-128, as applicable. If this Agreement is closed-out prior to the receipt of an audit report,
the City reserves the right to recover any disallowed costs identified in an audit after such close-out.
SECTION XI: COMPLIANCE WIllI LOCAL. STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may apply to program
administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable.
SECTION XII:
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be
used for compensation originated from grants of federal Community Development Block Grant funds, and must
be implemented in full compliance with all of HUD's rules and regulations.
It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant
funds, that the financial sources necessary to continue to pay the Provider compensation will not be available
and that this Agreement will thereby terminate effective as of the time that it is detennined that said funds are
no longer available,
In the event of such detennination, the Provider agrees that it will not look to, nor seek to hold liable, the City
or any individual member of the City Commission thereof personally for the perfonnance of this Agreement
and all of the parties hereto shall be released from further liability each to the other under the tenns of this
Page 8 of 16
;. .:.;<',.... ,'~:~': ~'.:.~
Agreement.
IN WITNESS WJIEREOF J the parties hereto have caused this Agreement to be ex.ecuted by their duly
authorized officials on the day and date first above indicated,
Cynthia Goudeau
City Clerk
T~ABAYCO~TYDEVELO~T
CORPORATION
By
President
Date
ATTEST:
Secretary
Date
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
By
Michael Wright
City Manager
Date
ATIEST:
Approved as to fonn & correctness:
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Page 9 of 16
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Miles A. Lance
Assistant City Attorney
Contract between City of ClclU'water nnd TAMPA BAY COMMUNITY DEVELOPMENT CORPORATION
/
EOUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11235
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for
constnlction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or
borrowed on the credit of the Federal Government pursuant to the grant, contract, loan insurance, or guarantee,
or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee,
the following Equal Opportunity clause:
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During the perfonnance of this contract, the contractor agrees as follows:
(1)
The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The contractor will take affinnative action to ensure that
applicants are employed, and that employees are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recmitment or recmitment advertising; layoff or
ternlination; rates of payor other forms of compensation; and selection of training, including
apprenticeship. The contractor agrees to post in a conspicuous place, available to employees and
applicants for employment, notices to be provided setting forth the provision of this nondiscrimination
clause.
a.
(2) The contractor will, in all solicitations or advertisements for employees placed by or behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representative of the contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
1
~ (4)
.
~
The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and
of the rules, regulations,' and relevant orders of the Secretary of Labor.
(5)
The contractor will furnish all infonnation and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary or'Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such niles, regulations, and orders.
I
(6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, tenninated, or
suspended in whole or in part and the contractor may be declared ineligible for further government
'contracts or federally assisted construction contracts in accordance with procedures authorized in
Page I I of 16
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by Jaw,
(7)
The contractor will include the portion of the sentence immediately preceding paragraph (1), and the
provisions of paragraphs (I) through (7) in every subcontract or purchase order unless exempted by
nIles, regulations, or orders of the Secretary of L1bor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor. The contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including sanctions for
non-compliance provided, however, that in the event a contractor becomes involved in or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the contractor may request the United States to enter into such litigation to protect the interest of the
United States.
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The applicant further agrees that it will be bound by the above Equal Opportunity clause with respect to its own
employment practices when it participates in federally assisted construction work: provided that, if the applicant
so participating is a State or local government, the above Equal Opportunity clause is not applicable to any
agency I instrumentality or subdivision of such government which does not participate in work on or under the
contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary
of Labor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity clause and
the niles, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such infonnation as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject
to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, govenunent contracts and federally assisted constnlction contracts pursuant to the
Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause
as may be imposed upon contractors and subcontractors by the administering agency of the Secretary of Labor
pursuant to Par II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses
to comply with these undertakings, the administering agency may take any or all of the following actions:
cancel, tenninate, sllspend in whole or in part this grant (contract, loan, insurance guarantee); refrain from
extending any further assistance to the applicant under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the
case to the Department of Justice for appropriate legal proceedings,
Page 12 of 16
~.' .
SECTION 3 CLAUSE
A,
The work to be performed under this contract is on a project assisted under a program providing direct
Federal financial assistance from the Department of Housing and Urban Development and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area, and contracts for work in
connection with the project be awarded to business concerns which are located in, or owned in
substantial part by persons residing in the area of the project.
~
B, The parties to this contract will comply with the provision of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135.20, and
all applicable rules and orders of the Department issued thereunder prior to the execution of this
contract. The parties to this contract certify and agree that they are under no contractual or other
disability which would prevent them from complying with these requirements.
The contractor will send to each Jabor organization or repTesen~1.tive of workers with which he has a
collective bargaining agreement or other contract or understanding, if any, a notice advising the said
labor organization of workers' representative of his commitments under this Section 3 Clause and shall
post copies of the notice in conspicuous places available to employees and applicants for employment
or training.
The contractor will include this Section 3 Clause in every subcontract for work in connection with the
project and will, at the direction of the applicant for or recipient of Federal fmaneial assistance, take
appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20, The
contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR 135.20, and will not let any subcontract unless
the subcontractor has first provided it with a preliminary statement of ability to comply with the
requirements of these regulations,
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20, and all
applicable rules and orders of the Department issued thereunder prior to the execution of the contract,
shall be a condition of the federal financial assistance provided to the project, binding upon the applicant.
or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those
sanctions specified by the grant or loan agrccment or contract throught which Federal assistance is
provided, and to such sanctions as are specified by 24 CFR 135.20.
Page 13 of 16
ACKNOWLEDGEMENT OF ECONOMIC DEVELOPMENT ACTIVITIES
If the Provider will be using CDBG funds for an Economic Development Activity, the following federal
requirements must be acknowledged:
LOWIMODERATE INCOME .Jons
Criteria
A low/moderate jobs activity is one which creates or retains pennanent jobs, at least 51 % of which are taken
by low/moderate income persons or considered to be available to low/moderate income persons,
In counting jobs created or jobs retained, the following policies apply:
o Part-time jobs must be converted to full-time equivalents.
o Only pennanent jobs count.
o Temporary jobs may not be included.
o Regardless of the sources of funding, ;ill penn anent jobs created by the activity must be counted,
o Trickle-down jobs Gobs indirectly created by the assisted activity may not be counted),
For jobs retained, the following additional criteria apply:
o There is clear and objective evidence that penn anent jobs will be lost without CDBG assistance,
Such evidence includes: a notice by the business to affected employees, a public announcement
by the business, or relevant financial records,
o Retained jobs are considered to involve the employment of low/moderate income persons if 51 %
of such jobs are known to be held by low/moderate income persons when CDBG assistance is
provided,
Jobs are considered to be available to low/moderate income persons when .b2t.b the following conditions 'are
fulfilled: '
i
o
Special skills that can only be acquired with one or more years of training or work experience,
or education beyond high school, are not a pre-requisite to fill such jobs, or else the business
nevertheless agrees to hire unqualified persons and train them; and '
o The Provider ensures that the assisted business adheres to the principles of "first consideration"
by: using a hiring practice that in all likelihood will result in over 51 % of those hired being
low/moderate income persons; seriously considering a sufficient number of low/moderate income
Page 14 of 16
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,
job applicants to meet this inteilt; detenn ining that the distance from the job applicant's residence
is close to the job site or that transportation is available to the job site.
RECORDS TO BE MAINTAINED
Where the low/moderate income benefit is based on job creation, the Provider's files must include the
documentation described in either (A) or (B) below:
(A)
For activities where at least 51 % of the jobs will be available to low/moderate income persons,
documentation for each assisted business mnst include:
,
A copy of a written agreement containing:
o A commitment by the business that it will make at least 51 % of the jobs available to
low/moderate income persons and will provide training for any of those jobs requiring special
skills or education; and,
o A listing by job title of the pennanent jobs to be created, indicating which jobs will be available
to low/moderate income persons, which jobs require special skills or education, and which jobs
are part-time; and,
,
o A description of actions to be taken by the Provider and business to ensure that low/moderate
income persons receive "first consideration" for these jobs; and,
o A listing, by job title, of penn anent jobs fined, and which jobs were available to low/moderate
income persons, as well as a description of how "first consideration" was given to such persons
for those jobs. The description must include what type of hiring process was used; which
low/moderate income persons were interviewed for a particular job and which interviewees were
hired.
(B)
For activities where at least 51 % of the jobs will be mJcen by low/moderate income persons,
documentation for each assisted business must include:
"
A copy of a written agreement containing:
,
o A commitment by the business that at least 51 % of the jobs, on a full-time equivalent basis, will
be taken bX low/moderate income persons and a listing by job title of the pennanent jobs
created; and,
o A listing, by job title, of the penn anent jobs filled and which jobs were initially held by
low/moderate income persons; and,
o
Infonnation on the size and annual income of the persons' immediate family prior to the
low/moderate income person being hired for the job,
,
,
Page 15 of 16
,
,
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Where low/moderate income benefit is based on jQb retention, the files must include the following
docu mentation:
o Evidence that jobs would be lost without CDBG assistance.
o A listing, by job title, of pennanent jobs retained, indicating which of those jobs are partwtime
and (if known) which are held by low/moderate income persons at the time the assistance is
provided.
o Identification of any retained jobs not already held by low/moderate income persons which are
projected to become available to low/moderate income persons through job tunlover within two
years of the time CDBG assistance is provided. (Job tunlOver projections should also be
included in the record.)
o Infonnation on the size and annual income of the low/moderate income persons' immediate
family for each retained job claimed to be held by a low/moderate income person. Acceptable
documentation on job applicant! employee family income includes anyone of the following:
~ Notice that job applicant/employee is a referral from state, county, or local employment agency
or other entity that agrees to refer individuals determined to be low/moderate income according
to HUD criteria. (These entities must maintain documentation for city or federal inspection.)
~ Written certification, signed by the job applicant/employee, of family income and size to
establish low/moderate income status by showing: the actual income of the family, or a statement
that the family income is below CDBG low/moderate income requirements. (These certifications
mllst include a statement that they are subject to verification by the local or federal government.)
~ Evidence that job applicant/employee qualifies for assistance under another program with income
qualification criteria at least as restrictive as those used by the CDBG program, such as referrals
from the Job Training Partnership Act (JTPA) Program, except for referrals under the JTPA
Title ill Program for dislocated workers,
ADDITIONAL CONSIDERATIONS
The Provider must prepare a "necessary or approp-riate" detennination whenever CDBG assistance is provided
for a private, for-profit entity carrying out economic development
Page 16 of 16
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AGREEMENT
TIllS AGREEMENT is entered into this 1st day of October, 1993, by and between the City of
Clearwater, a Florida municipal corporation, having its principal office at 112 South Osceola Avenue,
Clearwater, Florida, hereinafter referred to as the "City", and COMMUNITY SERVICE FOUNDATION,
hereinafter referred to as the "Provider".
WITNESSETI-I:
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and Urban
Development for the purpose of conducting a Housing and Community Development Program (HUD) with
federal financial assistance under Title I of the Housing and Community Development Act of 1974, as
amended, hereinafter called "Act"; and the Cranston-Gonzalez National Affordable Housing Act of 1990; and
WlIEREAS, the City has detennined through its Year Nineteen Final Statement of Objectives and
Projected Use of Funds, which was adopted by City of Cleanvater July 15, 1993, the necessity for
administration and operating expense; and
WIIEREAS, the City desires to engage the Provider to render certain services in connection therewith:
NOW, TIIEREFORE, the parties hereto agree as follows:
SECTION I:
SCOPE OF SERVICES
A. The Provider agrees to implement the social services to low to moderate income people in the City of
Clearwater, in accordance with the projected accomplishments attached and made a fully binding part
of this Agreement, as Appendix 1, as follows:
Operation of the Central Housing Assistance Service located at 111 S. Garden Avenue, Clearwater,
Operational assistance to include funding for a portion of the salaries and benefits of two (2) Housing
Counselors, Bookkeeper, Administrative Assistant/Secretary, Telephone Operator/Receptionist, Rental
Unit Developer, Communications Specialist and part-time office help and other operating expenses
(telephone, postage, office supplies, and travel). Activities to be provided to include housing placement,
rental listings, emergency rental assistance, emergency utility assistance, referrals and fair housing,
SECTION n:
CONDITION OF SERVICE
The Provider hereby agrees to the following:
A.
The Program shall serve residents of an area identified as an area within which over 51 % of the
residents were of low or moderate income.
~ f
Page 1 of 16
;}
B, The Provider shall maintain a citizen participation mechanism, which will include, but not be limited
to the following:
Logging citizen comments or complaints when received,
2. Copies of comments and/or complaints received in writing.
3. Copies of responses to complaints and/or explanations of resolutions to complaints,
C, The Provider shall comply with the following attachments to the Office of Management and Budget
(OMB) Circular No. A-IIO, "Unifoml Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations", incorporated by
reference into this Agreement.
1. Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit insurance.
2, Attachment E, "Bonding and Insurance".
3. Attachment C, "Retention and Custodial Requirements for Records", except that in lieu of the
provisions in paragraph 4, the retention period for records pertaining to individual CDBG
activities starts from the date of expiration of this Agreement, as prescribed in 570.507, in which
the specific activity is reported on for the final time,
4. Attachment F, "Standards for Financial Management Systems",
5. Attachment H, "Monitoring and Reporting Program Performance", paragraph 2,
6, Attachment N, "Monitoring Management Standards", except for paragraph 3 concerning the
standards for real property and except that paragraphs 6 and 7 are modified so that in all cases
in which personal property is sold, the proceeds shall be "program income" and that personal
property not needed by the sub-recipient for CDBG activities shaH be transferred to the recipient
for the CDBG program or shall be retained after compensating the recipient,
7. Attachment 0, "Procurement Standards".
D. Costs incurred under this program shall be in compliance with Federal Management Circular No. A-
122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this Agreement.
E. The Provider shall abide by those provisions of 24 CFR Part 570 subpart J, when applicable,
incorporated by reference into this Agreement.
F, No expenditures or obligations shall be incurred for the program prior to approval and release of funds
from the U.S. Department of Hou,~ing and Urban Development. Further, it is expressly understood that
in the event no funds are released from the U, S. Department of Housing and Urban Development in
Page 2 of 16
NOV-18-1993 11 :46 FROI'l PLANNING 8. DEVELOPI'lENT
TO
6488
P,02
connection with this Program, then the City is not liable for any claims under this contxaCt.
G. The Provider shall certify, pursuant to Section 109 of the Act. that no person shall be denied the
benefits of the program on tbe ground of race, color, national origin or sex.
H. The provider agrees that to the extent that it staffs the Progrnm with personnel not presently employed
by said party, it will take aff1rnlaUve action in attempting to employ low income persons residing in the
City of Clearwater, particularly minority group members.
I, The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program Income", gross
income ditectly generated from the use of CDBG funds, In those instances where the City allows the
sub-recipient to retain program income, these funds shall be expended fox: CDBO eligible activities,
previously approved by the City in accordance with the projected accomplislunents and budget
descdptions attached to this Agreement. I
J. The Provider shall adhere to the applicable requirements contained in the "Acknowledgement of
Economic Development Activities", attached hereto and made a part hereof as Appendix 2, if
applicable.
K. The Provider shall comply with First Amendment Church/State principles, as follows:
1. ' It will not dlscrhnlnate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in e~ployment to persons on the basis
of religion.
2. It will not discriminate against any person applying for public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion.
3, It will provide no teligious instruction or counseling, conduct no religious worship or services,
engage in no religious proselytizing, and exert no other religious influence in the p~ovision ,of
such public services.
4. The portion of a facility used to provide public services assisted in whole or in pan under this
Agreement shall contain no sectarian or religious symbols or decorations.
L.
5, 111e funds received under this Agreement shall not be used to construct, rebabilitate, or restore
any religious facility which is owned by the P.rov~der and in which the public services are to be
provided. However, minor repairs may made jf such repairs are directly related to the public
services; are located in a structure used exclusively for non-religious purposes; and oonstitute,
in dollar tenns, only a minor portion of the CDBG expenditure for the public services.
The Provider shall transfer t9 the City upon expiration of this Agreement, any CDBG funds on hand
at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The
following restrictions and Iindtations apply to any real property under the Provider's control which was
acqulted or improved in whole or in part with CDBG funds in excess of $25.000:
Page 3 of 16
TOTAL P.02
1, Any real property under the Provider's control must be used to meet one of the National
Objectives in the CnBG Regulations. Part 570.208 until five years or such longer period of time
as detennined appropriate by the City after expiration of the Agreement,
2. If the real property is sold within the period of time specified above, the property must be
disposed of in a manner which results in the City being reimbursed in the amount of the current
fair market value of the property, less any portion thereof attributable to expenditures on non-
CnBG funds for acquisition of, or improvement to, the property. Such reimbursement is
required,
M. The Provider agrees that when sponsoring a project financed in whole or in part under this Agreement,
all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of
the project, research reports, and similar public notices prepared and released by the Provider shall
include the statement:
FUNDED BY TIlE CITY OF CLEARWATER
COl\tlMUNITY DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words "CITY OF CLEARWATER COl\tlMUNITY DEVELOPMENT
BLOCK GRANT FUNDS ADMINISTERED BY THE DEPARTMENT OF PLANNING AND
URBAN DEVELOPMENT" shall appear in the same size letters or type as the name of the Provider.
N. The Provider shall ensure the following when entering into a sub-contract agreement:
1. The full correct legal name of the party shall be identified,
2. The "Scope of Services" shall describe the activities to be perfonned.
0,
The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to
detennine compliance with the requirements of this Agreement, the Community Development Block
Grant Program and all applicable laws and regulations,
This documentation shall include, but not be limited to, the following:
1. Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and expenditures
of funds provided directly or indirectly by this Agreement, including matching funds and
program income,
2, Time sheets for split-funded employees who work on more than one activity, in order to record
the CDBG activity delivery cost by project and the non-CDBG related charges,
3, How the Statutory National Objective(s) and the eligibility requirement(s) under which funding
has been received, have been met These also include special requirements such as necessary
Page 4 of 16
,
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, I
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'. :;
and appropriate detenninations, income certifications, written agreements with beneficiaries,
where applicable. '
P. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an
orderly fashion in a readily accessible, permanent and secured location for a period of three (3) years
after expiration of this Agreement, with the following exception: if any litigation, claim or audit is
started before the expiration date of the three year period, the records will be maintained until all
litigation, claims or audit findings involving these records are resolved. The City shall be infonned in
writing after close-out of this Agreement, of the address where the records are to be kept.
SECTION ill:
TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by the D.S, Department of
Housing and Urban Development and being duly executed by both parties, whichever is later,
This project shall become operational as of October 1, 1993, and shall continue through September 30, 1994,
SECTION IV:
TERl\1lNATION
The City and the Provider agree:
A, This Agreement may be temlinated by either party hereto by written notice of the other party of such
intent to tenninate at least thirty (30) days prior to the effective date of such termination.
B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree upon
the termination conditions. A written notification shall be required and shall include the following:
reason for the termination, the effective date, and in the case of a partial tennination, the actual portion
to be temlinated. However, if, in the case of a partial tennination, the City determines that the
remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may
,terminate such in its entirety,
C. The City may place the Provider in default of this Agreement, and may suspend or temlinate this
Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a.
Failure to comply and/or perfonn in accordance with this Agreement, or any federal
statute or regulation,
b. Submitting repOlts to the City which are late, incorrect or incomplete in any material
respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible,
d. Failure to respond in writing to any concerns raised by the City, including substantiating
Page 5 of 16
,I
;"'".J.j. .
documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as detennined by the City's
monitoring of the subrecipient, and applicable HUD nJles and regulations.
2, The City shall notify the Provider in writing when the Provider has been placed in default. Such
notification shall include actions taken by the City, such as withholding of payments, actions to
be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable
date for compliance, which shall be no more than fifteen (15) days from notification date,
3. The City shall notify the Provider in writing when sufficient cause is found for tennination of
this Agreement. The Provider shall be given no more than fifteen (15) days in which to reply
in writing, appealing the tennination prior to final action being taken by the City,
D. Let. it be further understood that upon curtailment of, or regulatory constraints placed on, the funds of
the U.S. Department of Housing and Urban Development, this Agreement will terminate effective as
of the time that it is detennined such funds are no longer available.
E. Costs of the Provider resulting from obligations incurred during a suspension or after temlination, are
not allowable unless the City expressly' authorizes them in the notice of suspension or termination or
subsequently. Other costs during sllspension or after temlination which are necessary and not
reasonably avoidable are allowable if:
1. The costs result from obligations which were properly incurred before the effective date of
sllspension or tennination, are not in anticipation of it, and in the case of tennination, are
noncancelable, and
2. The costs would be allowable if the award were not suspended or expired nonnally at the end
of the Agreement in which the termination takes effect.
F, Upon tenllination of the Agreement, the Provider and the City shall meet to discuss the City's
determination if any amounts are to be repaid to the City or if additional amounts are due t.he Provider,
SECTION V:
AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been
reduced to writing and duly signed by both parties. Any changes which do not substantially change the scope
of the project arid/or the Project Implementation Schedule or increase the total amount payable under this
Agreement, shall be valid only when reduced to writing and signed by the City Administration and the
Provider.
The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement unless
and until the City officially, in writing, approves such expenditure by executing a written modification to the
original Agreement.
Page 6 of 16
SECTION VI:
METIIOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures
incurred shall not exceed TInRTY-SIX THOUSAND SIX HUNDRED FIFTY ONE DOLLARS ($36,651).
Such funds must be expended during the term of the Agreement, and any remaining balance of funds shall
revert to the City. Such compensation shall be paid in accordance with the projected accomplishments and
budget descriptions attached hereto and made a part hereof as Appendix 1.
A. The Provider shall submit monthly requests for payment for actual expenditures, including applicable
back-up documentation, no later than the tenth (10th) day of the succeeding month and the City will
provide reimbursement, upon approval, within ten (10) working days after receipt of the same, if
submitted by the deadline data for inclusion on the drawdown request.
B, The City agrees to pay the Provider for expenditures incurred under this Agreement on a monthly basis
in accordance with the Budget and Project Implementation Schedule attached hereto and made a part
hereof as Appendix 1. Line item transfers are allowable only within each component and may not
exceed in the aggregate fifteen percent (15 %) of each line item without prior written approval of the
City. All changes amounting to more than fifteen percent (15 %) require prior written approval.
SECTION VII:
CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any functions or
responsibilities in connection with Community Development funded activities, has any personal financial
interests, direct or indirect, in this Agreement. The Provider covenants that in the perfonnance of this
Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will
comply with all provisions of 24 CFR 570.611 "Conflict of Interest" , and the State Statutes govenling conflicts
of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent
impropriety that is covered by the Above provisions. This disclosure shan occur immediately upon knowledge
of such possible conflict. The City will then render an opinion which shaH be binding on both parties.
SECTION VIII:
INDEMNIFICATION
The Provider shall indemnify and hold hannless the City from any and all claims, liability, losses and causes
of action which may arise out of the Agreement. The Provider, through its insurance carrier, shall pay all
claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of
the City, when applicable, and shaH pay all costs and judgements which may issue thereon,
Page 7 of 16
Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved
in any way in the perfonnance of the Agreement.
The Provider shall submit to the City an ORIGINAL Certificate of Insurance.
t All insurance coverage shall be approved by the City's Risk management Office prior to the release of any
funds under this Agreement.
~
, . I. . "
. . .. ." , . .
. " . '. " . ' . '
Further, in the event evidence of such insurance is not forwarded to the Risk Management Office within thirty
(30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall
have no obligation under the tenns thereof unless a written extension of this thirty (30) day requirement is
secured from the Insurance Manager.
SECTION IX:
REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests heavily on the ability to produce an impact
in low/moderate income areas, through progress in accomplishing scheduled activities. An effective method
for maintaining project progress against a previously established schedule is through project evaluation and
reporting, which will consist of both written reports and staff discussions on a regular basis. The Provider also
assures prompt and efficient submission of the following:
A. Monthly Reports are due no later than the tenth (10th) day of the sllcceeding month and shall include
the request for payment when applicable. Contents of the Monthly Report, attached hereto and made
a part hereof as Appendix 3, shall include but not necessarily be limited to the following:
1. The Narrative Report Form
2. The Financial Summary Fonn, which shall include the request for payment and documentation,
as applicable.
3. The Client Profile Fonll
B. Semi-Annual Pro2ress Evaluation. No later than April 10, the Provider shall submit evaluation of the
effectiveness of the program during the first six months of the year. The purpose of this report is to
permit the City to implement a sub recipient ranking system for requests for funding for the subsequent
program year. This report shall be provided on fonns to be developed by the City. This requirement
may be waived if the Provider elects not to request funding in the subsequent program year.
C. Final Evaluation. Within twenty (20) days of contract completion, a final report documenting how the
Statutory National Objective and the eligibility requirements were met, must be submitted by the
Provider to the City's Community Development Division for review and approval. The contents of
same shall include a cumulative total of the data submitted during the program's operation, Further,
such report shall include statistical findings which depict program efficiency; Le" the number of dollars
spent, including non-CDBG funding sources, to render actual service to program recipients, and an
overall evaluation of the program's effectiveness, and quantitative results. The final report will be
evaluated and the Provider will be notified if additional data is necessary or that the project/activity is
considered "closed-out II ,
Other Reporting Requirements may be required by the City in the event of program changes, need for
additional infonnation or documentation and/or legislation amendments, The Provider shall be infonned, in
writing, if any changes become necessary.
Page 8 of 16
Reports and! or requested documentation not received by the due date, shall be considered delinquent, and may
be considered by the City as sufficient cause to suspend CDBG payments to the Provider.
SECUQN-Xi
AUDIT AND INSPECTIONS
At any time during nonnal business hours and as often as City and/or Federal Government representatives may
deem necessary, there shall be made available to representatives of the City and/or the Federal Government
an opportunity to review, inspect or audit all records, documentation, and any other data relating to all matters
covered by the Agreement.
An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal year,
The audit shall be perfonned in accordance with OMB Circular A-ItD Attachment F, OMB Circular A-133
or OMB Circular A-128, as applicable, If this Agreement is closed-out prior to the receipt of an audit report,
the City reserves the right to recover any disallowed costs identified in an audit after such close-out.
SECTIONAl;. COl\tWLIAN(:E WITII LOCAL. STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may apply to program
administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable.
SECTION XU:
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be
used for, compensation originated from grants of federal Community Development Block Grant funds, and must
be implemented in full compliance with all of I-IUD' s TIlles and regulations.
It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant
funds, that the financial sources necessary to continue to pay the Provider compensation will not be available
and that this Agreement will thereby tenninate effective as of the time that it is detennined that said funds are
no longer available.
In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City
or any individual member of the City Commission thereof personally for the perfonnance of this Agreement
and all of the parties hereto shall be released from further liability each to the other under the tenus of this
Agreement.
IN WITNESS WIIEREOF. the parties hereto have caused this Agreement to be executed by their duly
authorized officials on the day and date first above indicated,
COMMUNITY SERVICE FOUNDATION
By
President
Date
, Page 9 of 16
;.,J".: .,': ~:7~';':, ~ . ," L<, :.
.,";
, ,Contract between City of Clearwater and COMMUNITY SER VICE FOUNDATION
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Countersigned:
Rita Garvey
Mayor-Commissioner
Approved as to fonn' & correctness:
Miles A. Lance
Assistant City Attorney
>'Yi~m
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Date
ArrEST:
Secretary
CITY OF CLEARWATER, FLORIDA
By
Michael Wright
City Manager
Date
ATIEST:
Cyntllla Goudeau
City Clerk
Date
Page 10 of 16
" . '.' ., , , ',.' " .
. . ~ .,
. . . " . ." . .
EQUAL EMPLQYMENT OPPORTUNITY CLAUSE
FOR CONrffiACTS SUBJECT TO EXECUTIVE ORDER 11235
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for
construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or
borrowed on the credit of the Federal Govenuncnt pursuant to the grant, co~tract, loan insurance, or guarantee,
or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee,
the following Equal Opportunity clause:
During the perfonnance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The contractor will take affinnative action to ensure that
applicants are employed, and that employees are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recnlitment advertising; layoff or
tennination; rates of payor other fOOllS of compensation; and selection of training, including
apprenticeship. The contractor agrees to post in a conspicuous place, available to employees and
applicants for employment, notices to be provided setting forth the provision of this nondiscrimination
clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representative of the contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and
of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
pennit access to his books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, temlinated, or
suspended in whole or in part and the contractor may be declared ineligible for further government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Page 11 of 16
. . . " '. *' ~. . . .~. ". . J, ' ..' '" ,
Labor, or as otherwise provided by law.
(7)
The contractor will include the portion of the sentence immediately preceding paragraph (1), and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by
niles, regulations, or orders of the Secretary of L1bor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor. The contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including sanctions for
non-compliance provided, however, that in the event a contractor becomes involved in or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the contractor may request the United States to enter into such litigation to protect the interest of the
United States.
The applicant further agrees that it will be bound by the above Equal Opportunity clause with respect to its own
employment practices when it participates in federally assisted construction work: provided that, if the applicant
so participating is a State or local govenlment, the above Equal Opportunity clause is not applicable to any
agency, instmmentality or subdivision of such government which does not participate in work on or under the
contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary
of Labor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity clause and
the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such infonllation as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject
to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the
Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause'
as may be imposed upon contractors and subcontractors by the administering agency of the Secretary of Labor
pursuant to Par II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses
to comply with these undertakings, the administering agency may take any or all of the following actions:
cancel, tenninate, suspend in whole or in part this grant (contract, loan, insurance guarantee); refrain from
extending any further assistance to the applicant under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compHance has been received from such applicant; and refer the
case to the Department of Justice for appropriate legal proceedings.
Page 12 of 16
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SECTION 3 CLAUSE
A. The work to be performed under this contract is on a project assisted under a program providing direct
Federal financial assistance from the Department of Housing and Urban Development and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U, S. C. 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the pr~ject area, and contracts for work in
connection with the project be awarded to business concerns which are located in, or owned in
substantial part by persons residing in the area of the project.
B. The parties to this contract will comply with the provision of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135,20, and
all applicable nlIes and orders of the Department issued thereunder prior to the execution of this
contract. The parties to this contract certify and agree that they are under no contractual or other
disability which would prevent them from complying with these requirements,
C. The contractor will send to each labor organization or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, jf any, a notice advising the said
labor organization of workers' representative of his commitments under this Section 3 Clause and shall
post copies of the notice in conspicuous places available to employees and applicants for employment
or training.
D, The contractor will include this Section 3 Clause in every subcontract for work in connection with the
project and will, at the direction of the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135,20. The
contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR 135,20, and will not let any subcontract unless
the subcontractor has first provided it with a preliminary statement of ability to comply with the
requirements of these regulations,
E, Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135,20, and all
applicable rules and orders of the Department issued thereunder prior to the execution of the contract,
shall be a condition of the federal [manciaI assistance provided to the project, binding upon the applicant
or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those
sanctions specified by the grant or loan agreement or contract throught which Federal assistance is
provided, and to such sanctions as are specified by 24 CFR 135.20,
Page 13 of 16
~CKNOWLEDGEMENTOFECONONUCDEVELO~NTACTnnTllS
If the Provider will be using CDBG funds for an Economic Development Activity, the following federal
requirements must be acknowledged:
LOW/MODERATE INCOME JOBS
Criteria
A low/moderate jobs acHvity is one which creates or retains penn anent jobs, at least 51 % of which are taken
by low/moderate income persons or considered to be available to low/moderate income persons.
In counting jobs created or jobs retained, the following policies apply:
o Part-time jobs must be converted to full-time equivalents.
o Only pennanent jobs count.
o
Temporary jobs may not be included.
o
Regardless of the sources of funding, all permanent jobs created by the activity must be counted,
o
Trickle-down jobs Gobs indirectly created by the assisted' activity may not be counted).
For iobs retained, the fonowing additional criteria apply:
o
There is clear and objective evidence that pennanent jobs will be lost without CnBG assistance.
Such evidence includes: a notice by the business to affected employees, a public announcement
by the business, or relevant financial records,
o
Retained jobs are considered to involve the employment of low/moderate income persons ifS! %
of such jobs are known to be held by low/moderate income persons when CDBG assistance is
provided.
Jobs are considered to be available to low/moderate income persons when b91b the following conditions are
fulfilled:
o Special skills that can only be acquired with one or more years of training or work experience,
or education beyond high school, are not a pre-requisite to fill such jobs, or else the business,
nevertheless agrees to hire unqualified persons and train them; and
o
The Provider ensures that the assisted business adheres to the principles of "fIrst consideration"
by: using a hi.ring practice that in all likelihood will result in over 51 % of those hired being
low/moderate income persons; seriously considering a sufficient number of low 1m ode rate income
job applicants to meet this intent; detennining that the distance from the job applicant's residence
Page 14 of X6
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is close to the job site or that transportation is available to the job site,
RECORDS TO BE MAINTAINED
Where the low/moderate income benefit is based on job creation, the Provider's files must include the
documentation described in either (A) or (B) below:
(A) For activities where at least 51 % of the jobs will be available to low/moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that it will make at least 51 % of the jobs available to
low/moderate income persons and will provide training for any of those jobs requiring special
skills or education; and,
o A listing by job title of the permanent jobs to be created, indicating which jobs will be available
to low/moderate income persons, which jobs require special skills or education, and which jobs
are part-time; and,
o
A description of actions to be taken by the Provider and business to ensure that low/moderate
income persons receive "first consideration" for these jobs; and,
o A listing, by job title, of pennanent jobs filled, and which jobs were available to low/moderate
income persons, as well as a description of how "first consideration" was given to such persons
for those jobs. The description must include what type of hiring process was used; which
low/moderate income persons were interviewed for a particular job and which interviewees were
hired.
(B) For activities where at least 51 % of the jobs will be taken by low/moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
o
A commitment by the business that at least 51 % of the jobs, on a full-time equivalent basis, will
be taken by low/moderate income persons and a listing by job title of the penn anent jobs
created; and,
o A listing, by job title, of the pennanent jobs filled and which jobs were initially held by
low/moderate income persons; and,
o Infomlation on the size and annual income of the persons' immediate family prior to the
low/moderate income person being hired for the job,
Where low/moderate income benefit is based on iob retention, the files must include the following
documentation:
Page 15 of 16
o Evidence that jobs would be tost without CDBG assistance,
o A listing, by job title, of penn anent jobs retained, indicating which of those jobs are part-time
and (if known) which are held by low/moderate income persons at the time the assistance is
provided ,
o Identification of any retained jobs not already held by low/moderate income persons which are
projected to become available to low/moderate income persons through job turnover within two
years of the time CDBG assistance is provided, (Job turnover projections should also be
included in the record.)
o Infonnation on the size and annual income of the low/moderate income persons' immediate
family for each retained job claiJned to be held by a low/moderate income person. Acceptable
documentation on job applicant! employee family income includes anyone of the following:
~ Notice that job applicant/employee is a referral from state, county, or local employment agency
or other entity that agrees to refer individuals dctennined to be low/moderate income according
to HUD criteria. (These entities must maintain documentation for city or federal inspection.)
, ~ Written certification, signed by the job applicant/employee, of family income and size to
establish low/moderate income status by showing: the actual income of the family, or a statement
that the family income is below CDBG low/moderate income requirements. (These certifications
must include a statement that they are subject to verification by the local or federal government.)
.. Evidence that job applicant! employee qualifies for assistance under another program with income
qualification criteria at least as restrictive as those used by the CnBG program, such as referrals
from the Job Training Partnership Act (JTPA) Program, except for referrals under the JTPA
Title ill Program for dislocated workers.
ADDITIONAL CONSIDERATIONS
The Provider must prepare a "necessary or appropriate" detennination whenever CDBeJ assistance is provided
for a private, for"profit entity carrying out economic development
.:;
Page 16 of 16
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CITY OF CLRARWATRR
PLANNING AND DEVELOPMENT DEPARTMENT
PINBLLAS COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
.AND
COMMUNITY' SERVICE FOUNDATION, INC.
MEMO OF UNDERSTANDING
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In order t.o meet the regulations established in t.he Section 570.503 of the
Housing and Community Development Act of 1970, as amended, which states that
"Before disbursing any CDBG funds to a recipient, the recipient shall sign a
written agreement with the subrecipient" and to create the optimum atmosphere of
cooperation and efficiency in executing the Community Development Block Grant
Program, the following Memorandum of Understanding is adopted.
ORGANIZATIONAL STRUCTORE
The Community Development Office of the City of Clearwater Planning and
Development Department shall provide the lead role in administering the
Ci ty of Clearwater's Community Development Block Grant Program. The
Community Development Office will be responsible for disbursig the
Community Development Block Grant funds to subrecipients which the City
Commission has elected to fund. Along with the distribution component,
the Community Development Office will be responsible to prepare agreements
and monitor the subrecipient for compliancewith Section 570 of the Housing
and Community Development Act of 1970. The City Community Development
Office will disburse these funds to the pinellas County Community'
Development Office on behalf of the Community Service Foundation.
The Pinellas County Community Development Office will have the overall
responsibility for implementing its portion of the Pinellas County
Community Development Block Grant. They will act as the lead Agency in the
three way partnership between the City of Clearwater, pinellas County and
Community Service Foundation, Inc. The Pinellas County Community
Development Department will process all requests for reimbursements for,
costs listed in the Budget Section of Appendix B of the City of Clearwater
Community Service Foundation Inc. Agreement in accordance with Section 570
CFR 24.
After the pinellas County Community Development Department reimburses the
Communi ty Service Foundation, Inc. for eligible acti vi ties that are
included in the contract dated October 1, 1993 between the Community
Service Foundation and the City of Clearwater, a request for reimbursement
will be forwarded to the City, along with a copy of the check paid to the
Community Service Foundation, Inc.
The Community service Foundation, Inc, shall forward all requests for
Page 1 of 7
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reimbursement for items identified in Appendix B of the City of Clearwater
Community Service Foundation, Inc. Agreement to the pinellas County
Community Development Department. All requests forwarded must be within
the terms and conditions specified in the said Agreement. The pinellas
County Community Development Department will keep source documentation for
all requests for reimbursement rendered on behalf of the City of
Clearwater.
I agree with the provisions set forth in this City of Clearwater Planning
Department/Pinellas County Community Development Department/Commumity Service
Foundation Memorandum of Understanding.
Agreed:
James M, Polatty, Jr.
City of Clearwater
Economic Development Director
Darlene Kalada
pinellas County
Planning Department Director
Date'
'Date'
, , Charles Mann
',' ",',' ,.~xecutive Director
",Community Service Foundation"
Agency: Community Service Foundation,
Year: 1993 - 1994
APPENDIX 1\
Identification of Aqencv and Specific Services to be Provideq
AGENCY
Name:
Community Service Foundation
Legal classification:
A non-profit corporation organized and existing under
the laws of the State of Florida.
Principal Office:
111 South Garden Avenue, Clearwater, Florida 34616
Mailing Address:
11~ South Garden Avenue, Clearwater, FL 34616
Agent:
Charles D. Mann, Executive Director
813-461-7821
PROGRAM OF AGBNCY
The Community Service Foundation is a community based organization providing a
broad range of services and advocacy on issues affecting community improvement,
homelessness, and low and moderate income families and individuals.
SPECIFIC SERVICES TO BE PROVIDED UNDER THIS AGREEMENT
The Community Service Foundation will continue to provide a Central Housing
Assistance Service counseling and assistance program which includes the following
elements:
1. Housing Placement
2. Rental Listings
3. Emergency Rental Assistance
4. Emergency Utility Assistance
5. Pinellas County Social Service Emergency Rent Checks
6. Referrals to Human Services Agencies
7. Fair Housing Education
The pinellas County Community Development Department is the LEAD AGENCY for all
agencies funding the Central Housing Assistance Program of the Community Service
Foundation for this Agreement. Specific program accomplishments and monitoring
are as determined in further detail by the Areement between Pinellas County and
the Community Service Foundation. Reports will be sent by the Community Service
Foundation directly to the City, in addition to any report copies which are sent
directly to pinellas County.
a:csf.app
Page 3 of 7
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SCHEDULE and GBNBRAL STATBMENT
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General Statements
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A.
Program shall begin operation no later than the later of November 1,
1993 or one month after the full execution of this Agreement,
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B.
Funds for this project shall be expended by September 30, ~994, Any
request for an extension will have to be approved by the Community
Development Manager.
C. Monthly activity reports shall be forwarded to the City by the
Agency on a monthly basis and shall reflect progrwm activity from
the previous month. These reports shall be forwarded to the Ci ty no
later than the 15th of the month. Reports shall be forwarded for
the entire term of the agreement which covers October 1, 1993
through September 30, 1994.
D. Special data requests will be responded to by the City within ~5
calendar days, subject to the request being of reasonable limited
scope.
Records will periodically be viewed by the City to ,verify
reimbursement accuracy and as part of the yearly' monitoring process.
'F. Payment will be in accordance with the payment schedule identified'
in Appendix C.
At no time shall payments be forwarded to the Agency by the City if
they have not satisfactorily completed the tasks identified in this
Agreement.
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Agency: Community Service Foundation :1
I
Year: 1993 - 1994
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APPENDIX B
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Pro;ect Award
Funding by the City of up to $36,651.00 will be provided for operating support,
including personnel, equipment and supplies, and other operating expenses.
BUDGET
COMMUNITY SERVICE FOUNDATION
October 1, 1993- September 30, 1994
I, Personnel
CITY
CDBG OTHER TOTAL
$ 4,085. $ 9,125. $ 13,210,
$ 5,544. $12,380. $ 17,924,
$ 7,783. $10,920. $ 18,703.
$ 3,783. $10,920. $ 14,703.
$ 3,092. $ 6,908. $ 10,000.
$ 1,860. $ 4,140. $ 6,000.
$ 3,587. $ 8,013. $ 11,600.
$29,734. $62,406. $ 92,140.
$ 2,770. $ 6,190. $ 8,960.
$ 1,370. $ 3,060. $ 4,430.
$ 4,140. $ 9,250. $ 13,390.
$33,874. $71,656. $105,530.
Administrative Assistant
Bookkeeper
Housing Counselor (1)
Housing Counselor (2)
Communication Specialist
Part-time office helper
Telephone Opr./Receptionist
F.I.C.A. U/C & W Comp
Health/Medical Insurance
TOTAL PERSONNEL & FRINGE
II. Other
Telephone
Postage
Office Supplies
Travel
$ 780. $ 1,742. $ 2,522.
$ 247. $ 553, $ 800.
$ 808. $ 1,805. $ 2,613,
$ 942. $ 2,102. $ 3,044.
$ 2,777. $ 6,202. $ 8,979;
$36,651, $77,858. $114,509,
TOTAL BUDGET
a:csf,app
Page 5 of 7
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APPENDIX C
METHOD OF PAYMENT
All payments shall be on a reimbursement basis only.
All requests for reimbursement for salaries shall be supported by a copy of the
checks paid to employees and other documentation as requested. Payroll and other
support documentation must be kept by the agency in an appropriate file.
All requests for reimbursement for purchases shall be supported by a copy of the
invoices and a copy of the check paid to the supplier. Other support
documentation shall be kept by the agency in an appropriate file.
All requests for reimbursement for construction projects shall be supported by
a copy of the check paid to the contractor and a copy of a progress or final
payment affidavit, whichever is appropriate. Payroll data for Davis Bacon
related projects and other source documentation shall be kept by the agency in
an appropriate file.
All requests for reimbursement shall be certified by the agency's designee that
they are accurate and within the guidelines of the agreement.
All requests for reimbursement shall be forwarded to the City of Clearwater
Planning and Development Department, P.O. Box 4748, Clearwater, Florida 34618,
Any program income shall be submltted to the CITY through the DEPARpmNT at least
quarterlv. Fees collected, if any, shall be reported but are not to be construed
as program income,
Requests for reimbursement shall not be reduced by any program income received, '
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.APPENDIX D
Confirmation of Prior Receipt
Other Program Requirements
Community Development Block Grant Program
I certify that I have received the following Federal Statutes and circul~rs which
govern expenditure of Federal funds under the Community Development Block Grant
Program. I certify that activities taken under this grant will be, consistent
with the Federal regulations enumerated below. If necessary, I will request
additional copies from the Clearwater Planning and Development Department.
Materials received under this certification are:
Section 570.600 - 570.702, 24CFR;
Section 3, Housing and Urban Development Act of 1968, as set forth
in 24CFR;
Executi ve Order 11246 (Equal Opportunity Clause and Standard Federal
Equal Employment Opportunity Contract Specifications) ;
OMB Circular A-110;
OMB Circular A-122i
24CFR85, Administrative Requirements for Grants and Cooperative
Agreements to State, Local and Federally Recognized Indian Tribal
Governments;
Section 85.40 - 85.50, 24CFR;
OMB Circular A-8?
Section 44, 24CFR
for the Subrecipient
Date,
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AGREEMENT
THIS AGREEMENT is entered into this 1st day of October, 1993, by and between the City of
Clearwater, a Florida municipal corporation, having its principal office at 112 South Osceola Avenue,
Clearwater, Florida, hereinafter referred to as the "City", and the CLEARWATER HOUSING AUTHORITY,
hereinafter referred to as the "Provider",
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and Urban
Development for the purpose of conducting a Housing and Community Development Program (HUD) with
federal financial assistance under Title I of the Housing and Community Development Act of 1974, as
amended, hereinafter called "Act"; and the Cranston-Gonzalez National Affordable Housing Act of 1990; and
WHEREAS, the City has determined through its Year Nineteen Final Statement of Objectives and
Projected Use of Funds, which was adopted by City of Clearwater July 15, 1993, the necessity for providing
funds for building renovation to Clearwater Housing Authority for providing office space for the local chapter
of the American Association of Retired Persons which provides a variety of services for low to moderate
income individuals in Clearwater; and
WHEREAS, the City desires to engage the Provider to render certain services in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I:
SCOPE OF SERVICES
A, The Provider agrees to provide office space for the local American Association of Retired Persons
(AARP) for operation of the social service program in accordance with the projected accomplishments
attached and made a fully binding part of this Agreement, as Appendix I, as follows:
SECTION II:
Operation of the Robert H, Levison Community Center located at 210 Ewing Street, Clearwater. Funds
provided to the property owner to provide building renovation for the local AARP office. Activities
to be included by the AARP will include providing employment assistance to the area low and moderate
income senior citizens.
CONDITION OF SERVICE
The Provider hereby agrees to the following:
A, The Program shall serve eligible low and moderate income persons living primarily in Clearwater.
B, The Provider shall maintain in its file the documentation on which basis it determines that the project
benefits low and moderate income persons, minorities and residents of Clearwater. Such records shall
Page 1 of 16
include, but not be limited to profiles identifying financial classil1cation, head of household, ethnicity,
race and gender, or area benefit data, as required.
C. The Provider shall comply with the following attachments to the Office of Management and Budget
(OMB) Circular No, A-lID, "Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations", incorporated by
reference into this Agreement.
1. Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit insurance.
2. Attachment E, II Bonding and Insurance" ,
3. Attachment C, "Retention and Custodial Requirements for Records", except that in lieu of the
provisions in paragraph 4, the retention period for records pertaining to individual CDBG
activities starts from the date of expiration of this Agreement, as prescribed in 570.507, in which
the specific activity is reported on for the final time.
4. Attachment F, IIStandards for Financial Management Systems",
5. Attachment H, "Monitoring and Reporting Program Performance", paragraph 2.
6. Attachment N, IIMonitoring Management Standards", except for paragraph 3 concerning the
standards for real property and except that paragraphs 6 and 7 are modified so that in all cases
in which personal property is sold, the proceeds shall be IIprogram income" and that personal
property not needed by the sub-recipient for CDBG activities shall be transferred to the recipient
for the CDBG program or shall be retained after compensating the recipient.
7. Attachment 0, "Procurement Standards" ,
D, Costs incurred under this program shall be in compliance with Federal Management Circular No. A-
122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this Agreement.
E. The Provider shall abide by those provisions of 24 CFR Part 570 subpart J, when applicable,
incorporated by reference into this Agreement.
F, No expenditures or obligations shall be incurred for the program prior to approval and release of funds
from the U.S. Department of Housing and Urban Development. Further, it is expressly understood that
in the event no funds are released from the U.S. Department of Housing and Urban Development in
connection with this Program, then the City is not liable for any claims under this contract.
G, The Provider shall certify, pursuant to Section 109 of the Act, that 110 person shall be denied the
benefits of the program on the ground of race, color, national origin or sex,
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H, The Provider agrees that to the extent that it staffs the Program with personnel not presently employed
by said party, it will take affirmative action in attempting to employ low income persons residing in the
City of Clearwater, particularly minority group members.
I. The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program Income", gross
income directly generated frol11 the use of CDBG funds. In those instances where the City allows the
sub-recipient to retain program income, these funds shall be expended for CDBG eligible activities,
previously approved by the City in accordance with the projected accompl ishments and budget
descriptions attached to this Agreement.
J, The Provider shall adhere to the applicable requirements contained in the "Acknowledgement of
Economic Development Activities", attached hereto and made a part hereof as Appendix 2, if
applicable.
K, The Provider shall comply with First Amendment Church/State principles, as follows:
1. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employml ;It or give preference in employment to persons on the basis
of religion.
2. It will not discriminate against any person applying for public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or services,
engage in no religious proselytizing, and exert no other religious influence in the provision of
such public services.
4. The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or religious symbols or decorations.
5. The funds received under this Agreement shall not be used to construct, rehabilitate, or restore
any religious facility which is owned by the Provider and in which the public services are to be
provided. However, minor repairs may made if such repairs are directly related to the public
services; are located in a structure used exclusively for non-religious purposes; and constitute,
in dollar terms, only a minor portion of the CDBG expenditure for the public services.
L. The Provider shall transfer to the City upon expiration of this Agreement, ~ny CDBG funds on hand
at the time of expiration and any accounts receivable attributable to the use of COBG funds. The
following restrictions and limitations apply to any real property under the Provider's control which was
acquired or improved in whole or in part with CDBG funds in excess of $25,000:
1. Any real property under the Provider's control must be used to meet one of the National
Objectives in the CDBG Regulations. Part 570.208 until five years or such longer period of time
as determined appropriate by the City after expiration of the Agreement.
Page 3 of 16
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2, If the real property is sold within the period of time specified above, the property must be
disposed of in a manner which results in the City being reimbursed in the amount of the current
fair market value of the property, less any portion thereof attributable to expenditures on non-
CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is
required.
M, The Provider agrees that when sponsoring a project financed in whole or in part under this Agreement,
all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of
the project, research reports, and similar public notices prepared and released by the Provider shall
include the statement:
FUNDED BY THE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words "CITY OF CLEARWATER COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS ADMINISTERED BY THE DEPARTMENT OF PLANNING AND
URBAN DEVELOPMENT" shall appear in the same size letters or type as the name of the Provider.
N, The Provider shall ensure the following when entering into a sub-contract agreement:
1. The full correct legal name of the party shall be identified.
2, The "Scope of Services" shall describe the activities to be performed.
0, The Provider shall maintain sufficient records in accordance with 24 CPR 570.502 and 570,506 to
determine compliance with the requirements of this Agreement, the Community Development Block
Grant Program and all applicable laws and regulations,
This documentation shall include, but not be limited to, the following:
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1, Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and expenditures
of funds provided directly or indirectly by this Agreement, including matching funds and
program Income,
2.
Time sheets for split-funded employees who work on more than one activity, in order to record
the CDBG activity delivery cost by project and the non-CDBG related charges.
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3, How the Statutory National Objective(s) and the eligibility requirement(s) under which funding
has been received, have been met. These also include special requirements such as necessary
and appropriate determinations, income certifications, written agreements with beneficiaries,
where applicable.
Page 4 of 16
p, The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an
orderly fashion in a readily accessible, permanent and secured location for a period of three (3) years
after expiration of this Agreement, with the following exception: if any litigation, claim or audit is
started before the expiration date of the three year period, the records will be maintained until all
litigation, claims or audit findings involving these records are resolved, The City shall be in formed in
writing after close-out of this Agreement~ of the address where the records are to be kept.
SECTION III:
TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by the U.S. Department of
Housing and Urban Development and being duly executed by both parties, whichever is later.
This project shall become operational as of October 1, 1993, and shall continue through September 30, 1994.
SECTION IV:
TERMINA TION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by written notice of the other party of such
intent to terminate at least thirty (30) days prior to the effective date of such termination.
B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree upon
the termination conditions. A written notification shall be required and shall include the following:
reason for the termination, the effective date, and in the case of a partial termination, the actual portion
to be terminated, However, if, in the case of a partial termination, the City determines that the
remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may
terminate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or terminate this
Agreement in whole, or in part, for cause,
1. Cause shall include, but not be limited to, the following:
a.
Failure to comply and/or perform in accordance with this Agreement, or any federal
statute or regulation.
b. Submitting reports to the City which are late, incorrect or incomplete in any material
respect.
c, Implementation of this Agreement, for any reason, is rendered impossible or infeasible.
d. Failure to respond in writing to any concerns raised by the City, including substantiating
Page 5 of 16
documents when required/requested by the City.
e, Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
monitoring of the subrecipient, and applicable HUD rules and regulations.
2. The City shall notify the Provider in writing when the Provider has been placed in default. Such
notification shall include actions taken by the City, such as withholding of payments, actions to
be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable
date for compliance, which shall be no more than fifteen (15) days from notification date.
3. The City shall notify the Provider in writing when sufficient cause is found for termination of
this Agreement. The Provider shall be given no more than fifteen (15) days in which to reply
in writing, appealing the termination prior to final action being taken by the City.
D,
Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds of
the U.S. Department of Housing and Urban Development, this Agreement will terminate effective as
of the time that it is determined such funds are no longer available.
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E, Costs of the Provider resulting from obligations incurred during a suspension or after termination, are
not allowable unless the City expressly authorizes them in the notice of suspension or termination or
subsequently. Other costs during suspension or after termination which are necessary and not
reasonably avoidable are allowable if:
1. The costs result from obligations which were properly incurred before the effective date of
suspension or termination, are not in anticipation of it, and in the case of termination, are
noncancelable, and
2, The costs would be allowable if the award were not suspended or expired normally at the end
of the Agreement in which the termination takes effect.
F, Upon termination of the Agreement, the Provider and the City shall meet to discuss the City's
determination if any amounts are to be repaid to the City or if additional amounts are due the Provider.
SECTION V:
AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been
reduced to writing and duly signed by both parties. Any changes which do not substantially change the scope
of the project and/or the Project Implementation Schedule or increase the total amount payable under this
Agreement, shall be valid only when reduced to writing and signed by the City Administration and the
Provider,
The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement unless
and until the City officially, in writing, approves such expenditure by executing a written modification to the
original Agreement.
Page 6 of 16
SECTION VI:
METHOD OF PA YMENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures
incurred shall not exceed FOUR THOUSAND SIX HUNDRED fIFTY ($4650.00), Such funds must be
expended during the term of the Agreement, and any remaining balance of funds shall revert to the City. Such
compensation shall be paid in accordance with the projected accomplishments and budget descriptions attached
hereto and made a part hereof as Appendix 1.
A, The Provider shall submit monthly requests for payment for actual expenditures, including applicable
back-up documentation, no later than the tenth (lOth) day of the succeeding month and the City will
provide reimbursement, upon approval, within ten (10) working days after receipt of the same, if
submitted by the deadline data for inclusion on the drawdown request.
B. The City agrees to pay the Provider for expenditures incurred under this Agreement on a monthly basis
in accordance with the Budget and Project Implementation Schedule attached hereto and made a part
hereof as Appendix 1. Line item transfers are allowable only within each component and may not
exceed in the aggregate fifteen percent (15 %) of each line item without prior written approval of the
City, All changes amounting to more than fifteen percent (IS %) require prior written approval.
SECTION VII:
CONFLICT O]? INTEREST
The Provider covenants that no person, under its employ who presently exercises any functions or
responsibilities in connection with Community Development funded activities, has any personal financial
interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this
Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will
comply with all provisions of 24 CFR 570.611 "Conflict of Interest" I and the State Statutes governing conflicts
of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent
impropriety that is covered by the Above provisions. This disclosure shall occur immediately upon knowledge
of such possible conflict. The City will then render an opinion which shall be binding on both parties.
SECTION VIII:
INDEMNIFICA TION
The Provider shall indemnify and hold harmless the City from any and all claims, liability, losses and causes
of action which may arise out of the Agreement. The Provider, through its insurance carrier, shall pay all
claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of
the City, when applicable, and shall pay all costs and judgements which may issue thereon.
Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved
in any way in the performance of the Agreement.
The Provider shall submit to the City an ORIGINAL Certificate of Insurance,
All insurance coverage shall be approved by the City's Risk management Office priOlo to the release of any
funds under this Agreement,
Page 7 of 16
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Further, in the event evidence of such insurance is not forwarded to the Risk Management Office within thirty
(30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall
have no obligation under the terms thereof unless a written extension of this thirty (30) day requirement is
secured from the Insurance Manager.
SECTION IX:
REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests heavily on the ability to produce an impact
in low/moderate income areas~ through progress in accomplishing scheduled activities. An effective method
for maintaining project progress against a previously established schedule is through project evaluation and
reporting, which will consist of both written reports and staff discllssions on a regular basis. The Provider also
assures prompt and efficient submission of the following:
A. Monthly Reports are due no later than the tenth (lOth) day of the sllcceeding month and shall include
the request for payment when applicable. Contents of the Monthly Report, attached hereto and made
a part hereof as Appendix 3, shall include but not necessarily be limited to the following:
1. The Narrative Report Form
2. The Financial Summary Form, which shall include the request for payment and docllmentation,
as applicable.
3, The Client Profile Form
B. Semi-Annual Prol:ress Evaluation. No later than April 10, the Provider shall submit evaluation of the
effectiveness of the program during the first six months of the year. The purpose of this report is to
permit the City to implement a subrecipient ranking system for requests for funding for the subsequent
program year. This report shall be provided 011 forms to be developed by the City. This requirement
may be waived if the Provider elects not to request funding in the subsequent program year.
C, Final Evaluation, Within twenty (20) days of contract completion, a final report documenting how the
Statutory National Objective and the eligibility requirements were met, must be submitted by the
Provider to the City's Community Development Division for review and approval. The contents of
same shall include a cumulative total of the data submitted during the program's operation. Further,
such report shall include statistical findings which depict program efficiency; Le" the number of dollars
spent, including non-CDBG funding sources, to render actual service to program recipients, and an
overall evaluation of the program's effectiveness, and quantitative results. The final report wi! I be
evaluated and the Provider will be notified if additional data is necessary or that the project/activity is
considered "closed-out",
Other Repol1ing Requirements may be required by the City in the event of program changes, need for
additional information or documentation and/or legislation amendments. The Provider shall be informed, in
writing, if any changes become necessary.
Reports and/or requested documentation not received by the due date, shall be considered delinquent, and may
be considered by the City as sufficient cause to suspend CDBG payments to the Provider,
Page 8 of 16
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SECTION X:
AUDIT AND INSPECTIONS
At any time during normal business hours and as often as City and/or Federal Government representatives may
deem necessary, there shall be made available to representatives of the City and/or the Federal Government
an opportunity to review, inspect or audit all records, documentation, and any other data relating to all matters
covered by the Agreemen t.
An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal year,
The audit shall be performed in accordance with OMB Circular A-lID Attachment F, OMB Circular A-133
or OMB Circular A-128, as applicable. If this Agreement is closed-out prior to the receipt of an audit report,
the City reserves the right to recover any disallowed costs identified in an audit after such close-out.
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SECTION XI: COMPLIANCE WITH LOCAL. STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may apply to program
administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable,
SECTION XII:
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be
used for compensation originated from grants of federal Community Development Block Grant funds, and must
be implemented in full compliance with all of HUD's rules and regulations.
It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant
funds, that the financial sources necessary to continue to pay the Provider compensation will not be available
and that this Agreement will thereby terminate effective as of the time that it is determined that said funds are
no longer available.
In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City
or any indiv~dual member of the City Commission thereof personally for the performance of this Agreement
and all of the parties hereto shall be released from further liability each to the other under the terms of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized officials on the day and date first above indicated,
CLEARWATER HOUSING AUTHORITY
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By
President
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Page 9 of 16
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Date
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ATTEST:
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Secretary
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Coun tersigned:
CITY OF CLEARWATER, FLORIDA
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Rita Garvey
Mayor-Commissioner
By
Michael Wright
City Manager
Date
ATTEST:
'Approved as to form & correctness:
Cynthia Goudeau
, , City Clerk
, Date
Miles A. Lance
Assistant City Attorney
Contract between City of Clearwater and Clearwater Housing Authority ,
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EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11235
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for
construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
! Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or
borrowed on the credit of the Federal Government pursuant to the grant, contract, loan insurance, or guarantee,
or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee,
the following Equal Opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of payor other forms of compensation; and selection of training, including
apprenticeship, The contractor agrees to post in a conspicuous place, available to employees and
applicants for employment, notices to be provided setting forth the provision of this nondiscrimination
clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representative of the contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and
of the rules, regulations, and relevant orders of the Secretary of Labor.
(5)
The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Page 11 of 16
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Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law,
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1), and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor. The contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including sanctions for
non-compliance provided, however, that in the event a contractor becomes involved in or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the contractor may request the United States to enter into such litigation to protect the interest of the
United States.
The applicant further agrees that it will be bound by the above Equal Opportunity clause with respect to its own
employment practices when it participates in federally assisted construction work: provided that, if the applicant
so participating is a State or local government, the above Equal Opportunity clause is not applicable to any
agency, instrumentality or subdivision of such government which does not participate in work on or under the
contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary
of Labor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity clause and
the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject
to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the
Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause
as may be imposed upon contractors and subcontractors by the administering agency of the Secretary of Labor
pursuant to Par II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses
to comply with these undertakings, the administering agency may take any or all of the following actions:
cancel, terminate, suspend in whole or in part this grant (contract, loan, insurance guarantee); refrain from
extending any further assistance to the applicant under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the
case to the Department of Justice for appropriate legal proceedings,
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SECTION 3 CLAUSE
A. The work to be performed under this contract is on a project assisted under a program providing direct
Federal financial assistance from the Department of Housing and Urban Development and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U .S, C, 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area, and contracts for work in
connection with the project be awarded to business concerns which are located in, or owned in
substantial part by persons residing in the area of the project.
B. The parties to this contract will comply with the provision of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135.20, and
all applicable rules and orders of the Department issued thereunder prior to the execution of this
contract. The parties to this contract certify and agree that they are under no contractual or other
disability which would prevent them from complying with these requirements.
C. The contractor will send to each labor organization or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, if any, a notice advising the said
labor organization of workers' representative of his commitments under this Section 3 Clause and shall
post copies of the notice in conspicuous places available to employees and applicants for employment
or training.
D. The contractor will include this Section 3 Clause in every subcontract for work in connection with the
project and will, at the direction of the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20. The
contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR 135.20, and will not let any subcontract unless
the subcontractor has first provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
E, Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20, and all
applicable rules and orders of the Department issued thereunder prior to the execution of the contract,
shall be a condition of the federal financial assistance provided to the project, binding upon the applicant
or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its contractors and subcontraGtors, its successors, and assigns to those
sanctions specified by the grant or loan agreement or contract throught which Federal assistance is
provided, and to such sanctions as are specified by 24 CFR 135.20.
'J
Page 13 of 16
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ACKNOWLEDGEMENT OF ECONOMIC DEVELOPMENT ACTIVITIES
If the Provider will be using CDnG funds for an Economic Development Activity, the following fedel'al
requirements must be acknowledged:
LOW/MODERATE INCOME JOBS
Criteria
1
1
:j
'1
A low/moderate jobs activity is one which creates or retains permanent jobs, at least 51 % of which are taken
by low/moderate income persons or considered to be available to low/moderate income persons.
In counting jobs created or jobs retained, the following policies apply:
o Part-time jobs must be converted to full-time equivalents,
o Only permanent jobs count.
o Temporary jobs may not be included,
o Regardless of the sources of funding, all permanent jobs created by the activity must be counted.
o Trickle-down jobs Gobs indirectly created by the assisted activity may not be counted).
For jobs retained, the following additional criteria apply:
o There is clear and objective evidence that permanent jobs will be lost without CDBG assistance.
Such evidence includes: a notice by the business to affected employees, a public announcement
by the business, or relevant financial records,
o
Retained jobs are considered to involve the employment of low/moderate income persons if 51 %
of such jobs are known to be held by low/moderate income persons when CDBG assistance is
provided,
Jobs are considered to be available to low/moderate income persons when both the following conditions are
fulfilled:
o
Special skills that can only be acquired with one or 1110re years of training or work experience,
or education beyond high school, are not a pre-requisite to fill such jobs, or else the business
nevertheless agrees to hire unqualified persons and train them; and
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The Provider ensures that the assisted business adheres to the principles of "first consideration"
by: using a hiring practice that in all likelihood will result in over 51 % of those hired being
low/moderate income persons; seriously considering a sufficient nUl)lber of low/moderate income
I
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Page 14 of 16
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. .... . -, . .. ,." .
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job applicants to meet this intent; determining that the distance from the job applicant's residence
is close to the job site or that transportation is available to the job site.
RECORDS TO BE MAINTAINED
Where the low/moderate income benefit is based on job creation, the Provider's files must include the
documentation described in either (A) or (B) below:
(A) For activities where at least 51 % of the jobs will be available to low/moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that it will make at least 51 % of the jobs available to
low/moderate income persons and will provide training for any of those jobs requiring special
skills or education; and,
o A listing by job title of the permanent jobs to be created, indicating which jobs will be available
to low/moderate income persons, which jobs require special skills or education, and which jobs
are part-time; and,
o A description of actions to be taken by the Provider and business to ensure that low/moderate
income persons receive "first consideration" for these jobs; and,
o A listing, by job title, of permanent jobs filled, and which jobs were available to low/moderate
income persons, as well as a description of how "first consideration" was given to such persons
for those jobs. The description must include what type of hiring process was used; which
low/moderate income persons were interviewed for a particular job and which interviewees were
hired .
(B) For activities where at least 51 % of the jobs will be taken by low/moderate Income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that at least 51 % of the jobs, on a full-time equivalent basis, will
be taken by low/moderate income persons and a listing by job title of the permanent jobs
created; and,
o A listing, by job title, of the permanent jobs filled and which jobs were initially held by
low/moderate income persons; and,
o Information on the size and annual income of the persons' immediate family prior to the
low/moderate income person being hired for the job,
Page 15 of 16
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Where low/moderate income benefit IS based on job retention, the files must include the following
documentation:
o Evidence that jobs would be lost without CDBG assistance.
o A listing, by job title, of permanent jobs retained, indicating which of those jobs are part-ti me
and (if known) which are held by low/moderate income persons at the time the assistance is
provided ,
o
Identification of any retained jobs not already held by low/moderate income persons which are
projected to become available to low/moderate income persons through job turnover within two
years of the time CDBG assistance is provided. (Job turnover projections should also be
included in the record.)
,
o Information on the size and annual income of the low/moderate income persons' immediate
family for each retained job claimed to be held by a low/moderate income person. Acceptable
documentation on job applicant/ employee family income includes anyone of the following:
~ Notice that job applicant/employee is a referral from state, county, or local employment agency
or other entity that agrees to refer individuals determined to be low/moderate income according
to HUD criteria. (These entities must maintain documentation for city or federal inspection.)
~
Written certification, signed by the job applicant/employee, of family income and size to
establish low/moderate income status by showing: the actual income of the family, or a statement
that the family income is below CDBG low/moderate income requirements. (These certifications
must include a statement that they are subject to verification by the local or federal government.)
,
~
Evidence that job applicant/employee qualifies for assistance under another program with income
qualification criteria at least as restrictive as those used by the CDBG program, sllch as referrals
from th~ Job Training Partnership Act (JTPA) Program, except for referrals under the JTPA
Title III Program for dislocated workers.
,^
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ADDITIONAL CONSIDERATIONS
The Provider must prepare a "necessary or appropriate" determination whenever CDBG assistance is provided '.
for a private, for-profit entity carrying out economic development.
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Page 16 of 16
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AGREEMENT
TInS AGREEMENT is entered into this 1st day of October, 1993, by and between the City of
Clearwater, a Florida municipal cotporation, having its principal office at 112 South Osceola Avenue,
Clearwater, Florida, hereinafter referred to as the "City", and WEST CENTRAL FLORIDA COUNCIL, BOY
SCOUTS OF AMERICA, hereinafter referred to as the "Provider",
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U,S, Department of Housing and Urban
Development for the purpose of conducting a Housing and Community Development Program (HUD) with
federal financial assistance under Title I of the Housing and Community Development Act of 1974, as
amended, hereinafter called "Act"; and the Cranston-Gonzalez National Affordable Housing Act of 1990; and
WHEREAS, the City has detennined through its Year Nineteen Final Statement of Objectives and
Projected Use of Funds, which was adopted by City of Clearwater July 15, 1993, the necessity for providing
scouting opportunities for boys whose parents income is low and moderate in the North Greenwood and Condon
Gardens Public Housing Complex; and
WHEREAS, the City desires to engage the Provider to render certain services in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I:
SCOPE OF SERVICES
A, The Provider agrees to implement the social service program for boys in the North Greenwood
neighborhood and Condon Garden Public Housing Complex, in accordance with the projected
accomplishments attached and made a fully binding part of this Agreement, as Appendix 1, as follows:
Operation of the Boy Scouts program for this area will be located at'severallocations in these areas.
Operational assistance will include funding for the purchase of training materials and registration, The
Boy Scout program will help others by helping to instill values of good character, participating
citizenship and personal fitness in young people, and in other ways prepare to make ethical choices
throughout their lives so that they may achieve their full potential.
SECTION IT:
CONDITION OF SERVICE
The Provider hereby agrees to the following:
A, The Program shall serve residents of an area identified as an area within which over 51 % of the.
residents were of low or moderate income,
B, The Provider shall maintain a citizen participation mechanism, which will include, b~t not be limited
Page 1 of 16
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to the following:
1 Logging citizen comments or complaints when received,
2, Copies of comments and/or complaints received in writing,
3. Copies of responses to complaints and/or explanations of resolutions to complaints,
C, The Provider shall comply with the following attachments to the Office of Management and Budget
(OMB) Circular No, A-IIO, "Unifoml Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations", incorporated by
reference into this Agreement.
1. Attachment A, "Cash Depositories", ex.cept for paragraph 4 concerning deposit insurance,
2, Attachment E, "Bonding and Insurance",
3. Attachment C, "Retention and Custodial Requirements for Records", except that in lieu of the
provisions in paragraph 4, the retention period for records pertaining to individual CDBG
activities starts from the date of expiration of this Agreement, as prescribed in 570,507, in which
the specific activity is reported on for the final time,
4. Attachment F, "Standards for Financial Management Systems",
5. Attachment H, "Monitoring and Reporting Program Perfonnance", paragraph 2,
6. Attachment N, "Monitoring Management Standards", except for paragraph 3 concerning the
standards for real property and except that paragraphs 6 and 7 are modified so that in all cases
in which personal property is sold, the proceeds shall be "program income" and that personal
property not needed by the sub-recipient for CDBG activities shall be transferred to the recipient
for the CDBG program or shall be retained after compensating the recipient.
7.
Attachment 0, "Procurement Standards",
c,
D,
Costs incurred under this program shall be in compliance with Federal Management Circular No, A-
122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this Agreement.
E,
The Provider shall abide by those provisions of 24 CFR Part 570 subpart J, when applicable,
incorporated by reference into this Agreement.
F. No expenditures or obligations shall be incurred for the program prior to approval and release of funds
from the D,S, Department of Housing and Urban Development. Further, it is expressly understood that
in the event no funds are released from the U. S. Department of Housing and Urban Development in
connection with this Program, then the City is not liable for any claims under this contract.
Pag,e 2 of 16
G. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the
benefits of the program on the ground of race, color, national origin or sex,
H, The Provider agrees that to the extent that it staffs the Program with personnel not presently employed
by said party, it will take affirmative action in attempting to employ low income persons residing in the
City of Clearwater, particularly minority group members.
I. The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program Income", gross
income directly generated from the use of CDBG funds. In those instances where the City allows the
sub-recipient to retain program income, these funds shall be expended for CDBG eligible activities,
previously approved by the City in accordance with the projected accomplishments and budget
descriptions attached to this Agreement.
J. The Provider shall adhere to the applicable requirements contained in the "Acknowledgement of
Economic Development Activities", attached hereto and made a part hereof as Appendix 2, if
applicable.
K. The Provider shall comply with First Amendment Church/State principles, as follows:
1. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the basis
of religion.
2. It will not discriminate against any person applying for public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion.
3. It will provide no religious instnlction or counseling, conduct no religious worship or services,
engage in no religious proselytizing, and exert no other religious influence in the provision of
such public services.
4. The portion of a facility used to provide public services assisted in whole or in part ulJder this
Agreement shall contain no sectarian or religious symbols or decorations.
5. The funds received under this Agreement shall not be used to construct, rehabilitate, or restore
any religious facility which is owned by the Provider and in which the public services are to be
provided, However, minor repairs may made if such repairs are directly related to the public
services; are located in a structure used exclusively for non-religious purposes; and constitute,
in dollar tenns, only a minor portion of the CDBG expenditure for the public services.
L. The Provider shall transfer to the City upon expiration of this Agreement, any CDBG funds on hand
at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The
following restrictions and limitations apply to any real property under the Provider's control which was
acquired or improved in whole or in part with CDBG funds in excess of $25,000:
Page 3 of 16
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1, Any real property under the Provider's control must be lIsed to meet one of the National
Objectives in the CDBG Regulations. Part 570.208 until five years or such longer period of time
as determined appropriate by the City after expirat ion of the Agreement.
2, If the real property is sold within the period of time specified above, the property must be
disposed of in a manner which results in the City being reimbursed in the amount of the current
fair market value of the property, less any p0l1ion thereof attributable to expenditures on non-
CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is
required.
M. The Provider agrees that when sponsoring a project financed in whole or in part under this Agreement,
all notices, infornlationaI pamphlets, press releases, advertisements, descriptions of the sponsorship of
the project, research reports, and similar public notices prepared and released by the Provider shall
include the statement:
FUNDED BY TIlE CITY OF CLEARWATER
COl\tIMUNITY DEVELOPlVlENT BLOCK GRANT }>ROGRAl\1"
In written materials, the words "CITY OF CLEARWATER COl\tIMUNITY DEVELOPl\1ENT
BLOCK GRANT FUNDS ADMINISTERl~D UY TIlE DEPARTMENT OF PLANNING AND
URBAN DEVELOPMENT" shall appear in the same size letters or type as the name of the Provider.
N. The Provider shall ensure the following when entering into a sub-contract agreement:
1. The full correct legal name of the party shall be identified.
2. The "Scope of Services" shall describe the activities to be perfonned.
O. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to
detemline compliance with the requirements of this Agreement, the Community Development Block
Grant Program and aU applicable laws and regulations.
This documentation shall include, but not be limited to, the following:
1.
Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and expenditures
of funds provided directly or indirectly by this Agreement, including matching funds and
program income,
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2, Time sheets for split-funded employees who work on more than one activity, in order to record
the CDBG activity delivery cost by project and the non-CDBG related charges,
3. How the Statutory National Objective(s) and the eligibility requirement(s) under which funding
Page 4 of 16
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has been received, have been met. These also include special requirements such as necessary
and appropriate detenninations, income certifications, written agreements with beneficiaries,
where applicable.
p, The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an
orderly fashion in a readily accessible, pennanent and secured location for a period of three (3) years
after expiration of this Agreement, with the following exception: if any litigation, claim or audit is
started before the expiration date of the three year period, the records will be maintained until all
litigation, claims or audit findings involving these records are resolved. The City shall be infomled in
writing after close-out of this Agreement, of the address where the records are to be kept.
SECTION III:
TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by the D,S. Department of
Housing and Urban Development and being duly executed by both parties, whichever is later.
This project shall become operational as of October 1, 1993, and shall continue through September 30, 1994,
SECTION IV:
TERMINA TION
The City and the Provider agree:
A. This Agreement may be tenninated by either party hereto by written notice of the other party of such
intent to temlinate at least thirty (30) days prior to the effective date of such temlination,
B, This Agreement may be tenllinated in whole or in part, for convenience, when both parties agree upon
the tennination conditions. A written notification shall be required and shall include the following:
reason for the temlination, the effective date, and in the case of a partial tennination, the actual portion
to be tenninated. However, if, in the case of a partial temlinatiol1, the City determines that the
remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may
terminate such in its entirety.
C, The City may place the Provider in default of this Agreement, and may suspend or terminate this
Agreement in whole, or in part, for cause:
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perfoml in accordance with this Agreement, or any federal
statute or regulation.
b, Submitting reporls to the City which are late, incorrect or incomplete in any material
respect.
c, Implementation of this Agreement, for any reason, is rendered impossible or infeasible.
Page 5 of 16
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d. Failure to respond in writing to any conccnlS raiscd by the City, including substantiating
documents when required/requested by the City.
e. Any evidence of fraud, mismanagemcnt, and/or waste, as dctennined by the City's
monitoring of the subrecipient, and applicable HUD nlles and regulations.
2. The City shall notify the Provider in writing when the Provider has been placed in default. Such
notification shall include actions taken by the City, such as withhold ing of payments, actions to
be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable
date for compliance, which shall be no more than fifteen (15) days from notification date.
3. The City shall notify thc Provider in writing when sufficient calise is found for temlination of
this Agreement. The Provider shaIl be given no more than fifteen (15) days in which to reply
in writing, appealing the tennination prior to final action being taken by the City.
D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds of
the U.S, Department of Housing and Urban Develop!l1ent, this Agf(~emeI1t will tenninate effective as
of the time that it is detenllined sllch funds are no longer available.
E. Costs of the Provider resulting from obligations incurred during a suspension or after temlination, are
not allowable unless the City expressly authorizes them in the notice of suspension or termination or
subsequently. Other costs during slIspension or after termination which are necessary and not
reasonably avoidable are allowable if:
I. The costs result from obligations which were properly incurred before the effective date of
suspension or termination, are not in anticipation of it, and in the case of tennination, are
noncancelable, and
2. The costs would be allowable if the award were not suspended or expired nonnalIy at the end
of the Agreement in which the termination takes effect.
F. Upon tenllination of the Agreement, the Provider and the City shall meet to discuss the City's
detennination if any amounts are to be repaid to the City or if additional amounts are due the Provider,
SECTION V:
AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been
reduced to writing and duly signed by both parties. Any changes which do not substantially change the scope
of the project andlor the Project Implementation Schedule or increase the total amount payable under this
Agreement, shall be valid only when reduced to writing and signed by the City Administration and the
Provider.
The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement unless
and until the City officially, in writing, approves such expenditure by executing a written modification to the
original Agreement.
SECTION VI:
METIIOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures
Page 6 of 16'
incurred shall not exceed ONE THOUSAND FIVE HUNDRED AND SEVENTY-ONE ($1,571), Such funds
must be expended during the term of the Agreement, and any remaining balance of funds shall revert to the
City. Such compensation shall be paid in accordance with the projected accomplishments and budget
descriptions attached hereto and made a part hereof as Appendix 1.
A. The Provider shall submit monthly requests for paymcnt for actual expenditures, including applicable
back-up documentation, no later than the tenth (10th) day of the succeeding month and the City will
provide reimbursement, upon approval, within ten (l0) working days after receipt of the same, if
submitted by the deadline data for inclusion on the drawdown request.
B, The City agrees to pay the Provider for expenditures incurred under this Agreement on a monthly basis
in accordance with the Budget and Project Implementation Schedule attached hereto and made a part
hereof as Appendix 1. Line item transfers are allowable only within each component and may not
exceed in the aggregate fifteen percent (I5 %) of each line item without prior written approval of the
City. All changes amounting to more than fifteen percent (15 %) require prior written approval.
SECTION VII:
CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any functions or
responsibilities in connection with Community Development funded activities, has any personal financial
interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this
Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will
comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State Statutes governing conflicts
of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent
impropriety that is covered by the Above provisions. This disclosure shall occur immediately upon knowledge
of slIch possible conflict. The City will then render an opinion which shall be binding on both parties.
SECTION VIn:
INDEMNIFICA TION
The Provider shall indemnify and hold hannless the City from any and all claims, liability, losses and causes
of action which may arise out of the Agreement. The Provider, through its insurance carrier, shall pay all
claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of
the City, when applicable, and shall pay all costs and judgements which may issue thereon.
Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved
in any way in the perfonnance of the Agreement.
Thc Provider shall submit to the City an ORIGINAL Certificate of Insurance.
AIl insurance coverage shaIi be approved by the City's Risk management Office prior to the release of any
funds under this Agreement.
Further, in the event evidence of such insurance is not forwarded to the Risk Management Office within thirty
(30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall
have no obligation under the teons thereof unless a written extension of this thirty (30) day requirement is
secured from the Insurance Manager.
Page 7 of 16
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SECTION IX:
REPORTIlSG AND EVALUATION REQUffiEMENTS
Maintaining credibility for the community development effort rests heavily on the ability to produce an impact
in low/moderate income areas, through progress in accomplishing scheduled activities. An effective method
for maintaining project progress against a previously established schedule is through project evaluation and
reporting, which will consist of both written reports and staff discussions on a regular basis. The Provider also
assures prompt and e(ficient submission of the following:
A. Monthly Reports are due no latcr than the tenth (lOth) day of the succeeding month and shall include
the request for payment when applicable. Contents of the Monthly Report, attached hcreto and made
a part hereof as Appendix 3, shall include but not necessarily be limited to the following:
1. The Narrat.ive Report Fonll
2. The Financial Summary Fonll, which shall include the request for payment and documentation,
as applicable.
3. Thc Client Profile Form
B. Sem\-Annual ~rOi!ress Evalqt\tioll. No later than April 10, the Provider shall submit evaluation of the
effectiveness of the program during the first six months of the year. The purpose of this report is to
pennit the City to implement a subrccipient ranking system for requests for funding for the subsequent
program year. This report shaH be provided on fonns to be developed by the City. This requirement
may be waived jf the Provider elects not to request funding in the subsequent program year.
C. Final Evalu~ltion. Within twenty (20) days of contract completion, a final report documenting how the
Statutory National Obj~:Hve and the eligibility requirements were met, must be submitted by the
Provider to the City's Community Development Division for review and approval. The contents of
same shaH include a cumulative total of the data submitted during the program's operation. Further,
such report shaU include statistical findings which depict program efficiency; i.e., the number of doUars
spent, including non-CDBG funding sources, to render actual service to program recipicnts, and an
overall evaluation of the program's effectiveness, and quantitative results. The final report will be
evaluated and the Provider will be notified if additional data is necessary or that the project/activity is
considered "closed-out".
Other Reporting Requirements may be required by the City in the event of program changes, need for
additional infonnation or documentation and/or legislation amendments. The Provider shall be infonned, in
writing, if any changes become necessary.
Page 8 of 16
Reports and/or requested documentation not received by the due date, shall be considered delinquent, and may
be considered by the City as sufficient cause to suspend CDBG payments to the Provider.
SECTION X:
AUDIT AND INSPECTIONS
At any time during normal business hours and as often as City and/or Federal Government representatives may
deem necessary, there shall be made available to representatives of the City and/or the Federal Government
an opportunity to review, inspect or audit all records, documentation, and any other data relating to all matters
covered by the Agreement.
An annual organization audit shaU be submitted to the City 120 days after the end of the Provider's fiscal year,
The audit shall be perfomled in accordance with OMB Circular A-110 Attachment F, OMB Circular A-133
or OMB Circular A-128, as applicable, If this' Agreement is closed-out prior to the receipt of an audit report,
the City reserves the right to recover any disallowed costs identified in an audit after such close-out.
S~<:;TIQN XI: COMPLIANCE WITH LOCAlJ, STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may apply to program
administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable.
SECTIQN XII:
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be
used for compensation originated from grants of federal Community Development Block Grant funds, and must
be implemented in full compliance with all of HUD's mles and regulations,
It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant
funds, that the financial sources necessary to continue to pay the Provider compensation will not be available
and that this Agreement will thereby terminate effective as of the time that it is detennined that said funds are
no longer available,
In the event of such detennination, the Provider agrees that it will not look to, nor seek to hold liable, the City
or any individual member of the City Commission thereof personally for the perfonnance of this Agreement
and all of the parties hereto shall be released from further liability each to the other under the terms of this
Agreement.
IN WITNESS WHE~O~ the patties hereto have caused this Agreement to be executed by their duly
authorized officials on the day and date first above indicated.
WEST CENTRAL FLORIDA COUNCIL, BOY
SCOUTS OF AMERICA
By
President
'".
A TrEST:
Date
Secretary
Date
Page 9 of 16
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Countersigned:
CITY OF CLEARWATER, FLORIDA
:Rita Gatvey
Mayor-Com In i ssioner
By
Michael Wright
City Manager
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Date
A TrEST:
Cynthia Goudeau
City Clerk
Approved as to form & correctness:
Date
Miles A, Lance
Assistant City Attorney
, Contract between City of Clearwnter nnd WEST CENTRAL FLORIDA COUNCIL, BOY SCOUTS OF AMERICA
Page 10 of 16
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE OR])ER 11235
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for
construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or
borrowed on the credit of the Federal Government pursuant to the grant, contract, loan insurance, or guarantee,
or undertaken pursuant to any Federal program involving slIch grant, contract, loan, insurance, or guarantee,
the following Equal Opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The contractor will take affinnative action to ensure that
applicants are employed, and that employees arc treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recnlitment or recnlitment advertising; layoff or
termination; rates of payor other forms of compensation; and selection of training, including
apprenticeship. The contractor agrees to post in a conspicuous place, available to employees and
applicants for employment, notices to be provided setting forth the provision of this nondiscrimination
clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representative of the contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and
of the nIles, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by niles, regulations, and orders of the Secretary of L1bor, or pursuant thereto, and will
pennit access to his books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such nIles, regulations, and orders,
(6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or
with any of the said niles, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further government
contracts or federally assisted constmction contracts in accordance with procedures authorized in
Page 11 of 16
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Executive Order 11246 of September 24, 1965, or by nIle, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1), and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by
mles, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that slIch provisions will be binding upon each subcontractor
or vendor. The contractor wilI take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including sanctions for
non-compliance provided, however, that in the event a contractor becomes involved in or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the contractor may request the United States to entcr into such litigation to protect the interest of the
United States.
The applicant further agrees that it will be bound by the above Equal Opportunity clause with respect to its own
employment practices when it participates in federally assisted construction work: provided that, if the applicant
so participating is a State or local govemment~ the above Equal Opportunity clause is not applicable to any
agency, instmmentality or subdivision of sllch government which does not participate in work on or under the
contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary
of Labor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity clause and
the nIles, regulations, and relevant orders of the Secretary of Labor, that it will funlish the administering
agency and the Secretary of Labor such infonlmtion as they may require for the supervision of such
compliance, and that it wiIl otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject
to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, goven1l11ent contracts and fcderaIJy assisted constnlction contracts pursuant to the
Executive Order and will carry out slIch sanctions and penalties for violation of the equal opportunity clause
as may be imposed upon contractors ancl subcontractors by the administering agency of the Secretary of Labor
pursuant to Par II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses
to comply with these undertakings, the administering agency may take any or all of the following actions:
cancel, temlinate, suspend in whole or in part this grant (contract, loan, insurance guarantee); refrain from
extending any further assistance to the applicant under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the
case to the Depatiment of Justice for appropriate legal proceedings.
Page 12 of 16
SECTION 3 CLAUSE
A. The work to be performed under this contract is on a project assisted under a program providing direct
Federal financial assistance from the Department of Housing and Urban Development and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U. s. C. 170 I u.' Section 3 requires that to the greatest extent feasible, opportunities for trelining and
employment be given to lower income residents of the project area, and contracts for work in
connection with the project be awarded to business concerns which are located in, or owned in
substantial part by persons residing in the area of the project.
B. The parties to this contract will comply with the provision of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135.20, and
all applicable mles and orders of the Department issued thereunder prior to the execution of this
contract. The parties to this contract certify and agree that they are under no contrdctual or other
disability which would prevent them from complying with these requirements.
C. The contractor will send to each labor organization or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, if any, a notice advising the said
labor organization of workers' representative of his commitments under this Section 3 Clause and shall
post copies of the notice in conspicuous places available to employees and applicants for employment
or training.
. D. The contractor will include this Section 3 Clause in every subcontract for work in connection with the
project and will, at the direction of the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20. The
contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR 135.20, and will not let any subcontract unless
the subcontractor has first provided it with a preliminary statement of ability to comply with the
requ irements of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20, and all
applicable mles and orders of the Department issued thereunder prior to the execution of the contract,
shall be a condition of the federal financial assistance provided to the project, binding upon the applicant
or recipient for such assistance, its Sllccessors, and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those
sanctions specified by the grant or loan agreement or contract throught which Federal assistance is
provided, and to sllch sanctions as are specified by 24 CFR 135.20.
Page 13 of 16
,.... .."'."........
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AC~OWLEDGEMENr OF :ECONOMIC DEVELOPMENT ACTMTIES
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If the Provider will be using CDBG funds for an l~conomic Development Activity, the following federal
requirements must be acknowledged:
LOW /MODERATE INCOME .JOBS
Criteria
A low/moderate jobs activity is one which creates or retains pennanent jobs, at least 51 % of which are taken
by low/moderate income persons or considered to be available to low/moderate income persons.
In counting iobs created or jobs retained, the following policies apply:
o Part-time jobs must be converted to full-time equivalents.
o Only p-emlanent jobs count.
o Temporary jobs may not be included.
o Trickle-down jobs Gobs indirectly created by the assisted activity may D.Q1 be counted).
o Regardless of t.he sources of funding, all peOl1anent jobs created by the activity must be counted.
. . For jobs retained, the following additional criteria apply:
o
There is clear and objective evidence that pennanent jobs will be lost without CnBG assistance.
Such evidence includes: a notice by the business to affected employees, a public announcement
by the business, or relevant financial records.
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o Retained jobs are considered to involve the employment of low/moderate income persons if 51 %
of such jobs are known to be held by low/moderate income persons when CDBG assistance is
provided.
. Jobs are considered to be available tQ low/moderate income persons when bmh the following conditions are
fulfilled:
o Special skills that can only be acquired with one or more years of training or work experience,
or education beyond high school, are not a pre-requisite to fill such jobs, or else the business
nevertheless agrees to hire unqualified persons and train them; and
, 0 The Provider ensures that the assisted business adheres to the principles of "first consideration II
by: using a hiring practice that in all likelihood will result in over 51 % of those hired being
low/moderate income persons; seriously considering a sufficient number of low/moderate income.
Page 14 of 16
job applicants to meet this intent; detemlil1il1g that the distance from the job applicant's residence
is close to the job site or that transportation is available to the job site.
RECORDS TO BE MAINTAINED
Where the low/moderate income benefit is based on job creation, the Provider's files must include the
documentation described in either (A) or (B) below:
(A) For activities where at least 51 % of the jobs will be available to low/moderate income persons,
documentation for each assisted business mllst include:
A copy of a written agreement containing:
o A commitment by the business that it will make at least 51 % of the jobs available to
low/moderate income persons and will provide training for any of those jobs requiring special
skills or education; and,
o A listing by job title of the permanent jobs to be created, indicating which jobs will be available
to low/moderate income persons, which jobs require special skills or education, and which jobs
, are part-time; and,
o A description of actions to be taken by the Provider and business to ensure that low/moderate
income persons receive "first consideration" for these jobs; and,
o A listing, by job title, of pennanent jobs filled, and which jobs were available to low/moderate
income persons, as well as a description of how "first consideration" was given to such persons
for those jobs. The description must include what type of hiring process was used; which
low/moderate income persons were interviewed for a palticular job and,which interviewees were
hired.
(B) For activities where at least 51 % of the jobs will be taken by low/moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
o . A commitment by the business that at least 51 % of the jobs, on a full-time equivalent basis, will
be taken b~ low/moderate, income persons and a listing by job title of the permanent jobs
created; and, .
o A listing, by job title, of the pennanent jobs filled and which jobs were initially held by
low/moderate income persons; and,
o Infomlation on the size and annual income of the persons' immediate family prior to the
low/moderate income person being hired for the job.
Page 15 of 16
Where low/moderate income benefit is based on jQb retention, the files must include the following
documentation:
o Evidence that jobs would be lost without CnBG assistance.
o A listing, by job title, of pennancnt jobs retained, indicating which of those jobs are part-time
and (if known) which are held by low/moderate income persons at the time the assistance is
provided.
o Identification of any retained jobs not already held by low/moderate income persons which are
projected to become available to low/moderate income persons through job tunlOver within two
years of the time CDBG assistance is provided. (Job tunlover projections should also be
included in the record.)
o Infonnation on the size and annual income of the low/moderate income persons' immediate
family for each retained job claimed to be held by a low/moderate income person. Acceptable
documentation on job applicant/ employee family income includes anyone of the following:
~ Notice that job applicant/employee is a referral from state, county, or local employment agency
or other entity that agrees to refer individuals detennined to be low/moderate income according
to HUD criteria. (These entities must maintain documentation for city or federal inspection.)
~ Written certification, signed by the job applicant/employee, of family income and size to
establish low/moderate income status by showing: the actual income of the family, or a statement
that the family income is below CDBG low/moderate income requirements. (These certifications
must include a statement that they are subject to verification by the local or federal government.)
~ Evidence that job applicant/employee qualifies for assistance under another program with income
qualification criteria at least as restrictive as those used by the CDBG program, such as referrals
from the Job Training Partnership Act (JTPA) Program, except for referrals under the JTPA
Title III Program for dislocated workers.
. ADDITIONAL CONSIDERATIONS
The Provider must prepare a "necessary or appropriate" detennination whenever COBG assistance is provided
for a private, for-profit entity carrying out economic development
Page 16 of 16
BUDGET SUMMARY SHEET
Funding Year 1993-1994
Project Operator: WEST CENTRAL FLORIDA. BOY SCOUTS
Date Submitted 4-20-93
Category
Number
1 Salarics & Bcnefits
CD Funds
Category Breakdown
Other Funds
QIa- Rmng Sautes
2 Consultants & Contract
Services
3 Space Rental
4 Equipment Lease or Purchase
5 Travel
6
Other Operating Expenses
1,571.
2,049.
7 Materials
8 Rehabilitation
9 Real Property Acquisition
:~I~I!~li!lllll~i'1!~i~~~!!!I'~~it~llilllllll~11' Total CD Funds:
jilll~I~II~~lil~I~I~~~i~!~]lllr~~I~!~I~~~I!~li 0 the r Fu n ds:
111~~II~'!II~lllllil!!1!il~!'~il!!II!!ll!ll!l!r~I!II'!IIIIIII!.: G ra n d To ta I :
1,571.
:!II!~lill:!I!!lliil!lli!lli!II!~!li!I!!llf~I!!II!il!1!!!!III!llli1]!III~!~!III~II!~~l~t~~lj~i'lr~i!l~il~~J!l'llfll~l~i~ll~
:i:ji!ilili:lillll!illilll!illll!llilll[l~i~1111i~~~~111~liillllll[~illllli
2,049.
ililllllll~I!I!!I~il~~I~IIIIII~llll~!!llr~l~l~II~'llli~ll~lll~~lllrllllll
.1~llillll!i!illll!I~IIIII!llllilllllilllll!IIIII!!lfl111!.1!11~1:1!!IIII!iil!ll!iil!ii!llil!!I!IIIIII!l[!lil1!li!ll!llill!!i!lll!~I~I!II~llll~!lilllllllll~~IIII~111!11!11!11~!I!lllilllll!illl!IIII~II!I'-J!!ll~~1~111~1~I
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AGREEMENT
THIS AGREEM:ENT is entered into this 1 st day of October, 1993, by and between the City of
Clearwater, a Florida municipal cOIporation, having its principal office at 112 South Osceola Avenue,
Clearwater, Florida, hereinafter referred to as the "City", and CLEARWATER NEIGlffiORHOOD HOUSING
SERVICES hereinafter referred to as the "Provider".
WITNESSETII:
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and Urban
Development for the purpose of conducting a Housing and Community Development Program (HUD) with
federal financial assistance under Title I of the Housing and Community Developmcnt Act of 1974, as
amended, hereinafter called" Act" ~ and the Cranston-Gonzalcz National Affordable Housing Act of 1990; and
WlIEREAS, the City has determined through its Year Nineteen Pinal Statement of Objectives and
Projected Use of Funds, which was adopted by City of Clearwater July 15, 1993, the nccessity for providing
program administrat ion, housing rehabilitation for low and moderate income families; housing opportunities
for low and moderate income families; and
WHEREAS, the City desires to engage the Provider to render certain services in connection therewith:
NOW, TlIERI~FORE, the parties hereto agree as follows:
SECTION I:
SCOPE OIi' SERVICES
A. The Provider agrees to implement the following programs in Clearwater in accordance with the
projected accomplishments attached and made a fully binding part of this Agreement, as Appendix 1,
as follows:
1. Rehabilitation Housing Loan Progmm: Agency agrces to implement the Deferred Payment Loans
Proganll, Challenge 2000 Loan Program, and the Emergency Rehabilitation Loan Program and make
their loans available to eligible homeowners in the CNHS approved target area. Services to be provide
will include processing preliminary applications, loan counseling, loan screenings, loan closings, and
loan monitoring for the rehabilitation program.
2. Infill Housing Program: Agency agrees to provide homeownership opportunities to residents who
income is up to 120 % of area mediam who build a home in the CNHS approved target area. Services
to be provided to include processing preliminary applications, loan counseling, loan screenings, loan
closings, and loan monitoring for the Infill Housing Program.
3. Economic Development Program: Agency agrees to provide technical assistance and loanable funds
existing and potent.ial businesses in the CNHS approved target area. Services to be provided to include
processing preliminary applications, loan counseling, loan screening, loan closings, preparation of
necessary and appropriate documents, and assisting in the preparation of business plans.
SECTION II:
CONDITION OI? SERVICE
The Provider hereby agrees to the following:
"
.I
A.
The Program provides housing services to eligible low or moderate income individuals or families.
B. The Provider shall maintain in its file the documentation on which basis it dclenllines that the project
benefits low and moderate income persons, minorities and residents of Clearwater. Such records shall
include, but not bc limited to profiles identifying financial classifjcat ion, head of household, ethnicity,
race and gender, or area benefit data, as rcquired.
C. The Provider shall comply with the following attachments to the Office of Management and Budget
(OMB) Circular No. A-II 0, "Uniform Administrative Requirements for Grants and Agreements with
Institutions of Highcr Education, Hospitals and Other Non-Profit Organizations", incorporated by
reference into this Agreemcnt.
I. Attachment A, "Cash Dcpositories", except for paragraph 4 concenting deposit insurance.
2. Attachment E, "Bonding and Insurance".
3. Attachment C, "Retention and Custodial Requirements for Records", except that in lieu of the
provisions in paragraph 4, the retention period for records pertaining to individual CDBG
activitics starts from the date of expiration of this Agreement, as prescribed in 570.507, in which
the specific activity is reportcd on for the final time.
4. Attachment F, "Standards for Financial Management Systems".
5. Attachment H, "Monitoring and Reporting Progmm Performance", paragraph 2.
6. Attachment N, "Monitoring Management Standards", except for paragraph 3 concerning the
standards for real property and except that paragraphs 6 and 7 are modified so that in all cases
in which personal property is sold, the procceds shall be "program income" and that personal
property not needed by the sub-recipient for CDBG activitics shall be transferred to the recipient
for the CDBG program or shall be retaincd aftcr compensating the recipient.
7. Attachment 0, "Procurement Standards".
D. Costs incurred under this program shall be in compliance with Federal Management Circular No. A-
122, "Cost Principles for NOll-Profit Organizations", incorporated by reference into this Agreement.
E. The Providcr shall abide by those provisions of 24 CFR Part 570 subpart J, when applicable,
incorporated by reference into this Agreement.
~
F. No expenditures or obligations shall be incurred for the program prior to approval and release of funds
from the U.S. Department of Housing and Urban Development. FllIther, it is expressly understood that
in the event no funds are released from the U.S. Department of Housing and Urban Development in
connection with this Program, then the City is not liable for any claims under this contract.
Page 2 of 17
G. The Provider shall certify, pursuant to Section 109 of the Act, that no person shaIl be denied the
benefits of the program on the ground of race, color, national origin or sex.
H. The Provider agrees that to the extent that it staffs the Program with personnel not presently employed
by said party, it will take affimlative action in attcmpting to employ low income persons residing in the
City of Clearwater, paliicularly minority group members.
I.
The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program Income", gross
income directly generated from the use of CDBG funds. In those instances where the City allows the
sub-recipient to retain program income, thesc funds shall be expended for CDBG eligible activities,
previously approved by the City in accordance with the projected accomplishments and budget
descriptions attachcd to this Agreement.
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J. The Provider shall adhere to the applicable requirements contained in the "Acknowledgement of
Economic Development. Activities", attached hereto and made a part hereof as Appendix 2, if
applicable.
K. The Provider sha1l comply with First Amcndment. Church/State principles, as follows:
I. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employmcnt or give preference in employment to persons on the basis
of religion.
2. It will not discriminate against any person applying for public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion.
3. It will provide no religious instnlction or counseling, conduct no religious worship or services,
cngage in no religious proselytizing, and exel1 no other religious influence in the provision of
such public services.
4. The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or rcligious symbols or decorations.
5. The funds reccived under this Agreement shall not be used to constmct, rehabilitate, or restore
any religious facility which is owned by thc Provider and in which the public services are to be
provided. However, minor repairs may made if such repairs are directly related to the public
services; are located in a structure used exclusively for non-religious purposes; and constitute,
in dollar tenns, only a minor portion of the CDBG expenditure for the public services.
L. The Provider shall transfer to the City upon expiration of this Agreement, any CDBG funds on hand
at the time of expiration and any accounts receivable attributable to the use of CDBa funds. The
following restrictions and limitations apply to any real property under the Provider's control which was
acquired or improved in whole or in part with CDBG funds in excess of $25,000:
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Any real property under the Provider's control must be used to meet one of the National
Objectives in the CDBG Regulations. Part 570.208 until five years or such longer period of time
as detennined appropriate by the City after expiration of the Agreement.
2. If the real property is sold within the period of time specified above, the property must be
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disposed of in a manner which'results in the City being reimbursed in the amount of the current
fair market value of the property, less any portion thereof attributable to expenditures on non-
CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is
required.
M. The Provider agrees that when sponsoring a project financed in whole or in part under this Agreement,
all notices, infonnational pamphlcts, press releases, advCJ1isements, descriptions of the sponsorship of
the project, research reports, and similar public notices prcpared and rcleased by the Provider shall
include the statemcnt:
FUNDED BY THE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words "CITY OF CLI~ARW ATER COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS ADMlNISTERED BY THE DEI>ARTMENT OF PLANNING AND
URBAN DEVELOPMENT" shall appear in the same size letters or type as the name of the Provider.
N. The Provider shall ensure the following when entering into a sub-contract agreement:
I. The full correct. legal name of the party shall be identified.
2. The "Scope of Services" shall dcscribc the activities to be perfonned.
O. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to
detennine compliance with the requirements of this Agreement, the Community Development Block
Grant Program and all applicable laws and regulations.
This documentation shall include, but not bc limited to, the following:
I . Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and expenditures
of funds provided directly or indirectly by this Agreement, including matching funds and
program income.
2. Time sheets for split-funded employees who work on more than one activity, in order to record
the CDBG activity delivery cost by project and the non-CDBG related charges.
3.
How the Statutory National Objective(s) and the eligibility requirement(s) under which funding
has been received, have been met. These also include special requirements such as necessary
and appropriate detenllinations, income celtifications, written agreements with beneficiaries,
where applicable.
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P. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an
orderly fashion in a readily accessible, penn anent and secured location for a period of three (3) years
after expiration of this Agreement, with the following exception: if any litigation, claim or audit is
started before the expiration date of the three year period, the records will be maintained until all
litigation, claims or audit findings involving these records are r~solved. The City shall be infonned in
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writing after close-out of this Agreerrient, of the address where the rccords are to be kept.
SECTION ITI:
TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by the U.S. Department of
Housing and Urban Development and being duly executed by both parties, whichever is later.
This project shall become operational as of October I, 1993, and shall continue through September 30, 1994.
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SECTION IV:
TERMINATION
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The City and the Provider agree:
A. This Agreement may be tenninated by either party hereto by written notice of the other party of such
intent to tenninate at least thirty (30) days prior to the effective date of such tennination.
B. This Agreement may be tenninated in whole or in part, for convenience, when both parties agree upon
the temlination conditions. A written notification shall be required and shall include the following:
reason for the termination, the effective date, and in the casc of a partial tennination, the actual portion
to be tenninated. However, if, in the case of a partial termination, the City determines that the
remaining portion of the Agreemcnt will not accomplish the purposes of such Agreement, the City may
tenninate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or tenninate this
Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perfonn in accordance with this Agreement, or any federal
statute or regulation.
b. Submitting reports to the City which are late, incorrect or incomplete in any material
respect.
c. ' Implementation of this Agreement, for any reason, is rendered impossible or infeasible.
d. Failure to respond in writing to any concenlS raised by the City, including substantiating
documents when required/requested by the City.
e.
Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
monitoring of the subrecipient, and applicable HUD nlles and regulations.
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The City shall notify the Provider in writing when the Provider has been placed in default. Such
notification shall include actions taken by the City, such as withholding of payments, actions to
be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable
date for compliance, which shall be no more than fifteen (15) days from notification date.
3. The City shall notify the Provider in writing when sufficient cause is found for tennination of
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this Agreement. The Provider shall be given no more than fifteen (15) days in which to reply
in writing, appealing the termination prior to final action being taken by the City.
D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds of
the U.S. Department of Housing and Urban Development, this Agreement will tenninate effective as
of the time that it is detennined such funds are no longer available.
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Costs of the Provider resulting from obligations incurred during a suspension or after termination, are
not allowable unless the City expressly authorizes them in the notice of suspension or tennination or
subsequently. Other costs during suspension or after termination which are necessary and not
reasonably avoidable are allowable if:
I. The costs result from obligations which were properly incurred before the effective date of
suspension or tenl1ination, arc not in anticipation of it, and in the case of temlination, are
noncancelable, and
2. The costs would be allowable if the award were not suspended or expired nonnally at the end
of the Agreement in which the termination takes effect. .
F. Upon tennillation of the Agreement, the Provider and the City shall meet to discuss the City's
detennination if any amounts are to be repaid to the City or if additional amounts are due the Provider.
SECTION V:
AMENDIVIENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been
reduced to writing and duly signed by both parties. Any changes which do not substantially change the scope
of the project and/or the Project Implementation Schedule or increase the total amount payable under this
Agreement, shall be valid only when reduced to writing and signed by the City Administration and the
Provider.
The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement unless
and until the City officially, in writing, approves such expenditure by executing a written modification to the
original Agreement.
SECTION VI:
METIIOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures
incurred shall not exceed THREE HUNDRED THIRTY THREE THOUSAND AND FIFTY FIVE DOLLARS
($333,055). Such funds must be expended during the tenn of the Agreement, and any remaining balance of
funds shall revert to the City. Such compensation shall be paid in accordance with the projected
accomplishments and budget descriptions attached hereto and made a part hereof as Appendix 1.
A. The Provider shall submit monthly requests for payment for actual expenditures, including applicable
back-up documentation, no later than the tenth (10th) day of the succeeding month and the City will
provide reimbursement, upon approval, within ten (l0) working days after receipt of the same, if
submitted by the deadline data for inclusion on the drawdown request.
B. The City agrees to pay the Provider for expenditures incurred under this Agreement on a monthly basis
in accordance with the Budget and Project Implementation Schedule attached hereto and made a part
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hereof as Appendix 1.
C.
The City agrees to reimburse Provider monthly for activity delivery costs incurred in that month, not
to exceed one twelfth of the total annual limit of $17,168 for Rehabilitation Loan Program, $40,000 for
the Infill Housing Program, and $15,000 for the Economic Development Program, each of which has
specific goals. The provider's progress toward meeting these goals will be evaluated by the City prior
to release of funds for month(s) 7, 10, 11 and 12. If the Provider has failed to meet the goals listed
in Appendix 1, the City will withhold an amount equivalent to the unmet production (based on pro rated
unit value). Once thc Provider demonstrates that the previous goals have been met, then the City shall
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reimburse the Provider any previously withhcld funds. Payments for months 1 through 6, 8 and 9 shall
be made as above, based on one twelfth of thc annual limits.
'. CNHS PRODUCTION GOALS & CONTRACT PAYMENT - FY 93-94
It:
ACTIVITY ANNUAL ANNUAL MONTHLY DEDUCTION FOR
PRODUCTION PAYMENT PMT (l/12th UNMET
GOAL of PRODUCTION
ANNUAL) GOALS
Housing Rehabilitation 15 Homes $17,168 $1,430.66 $1,144.53
Activity Delivery
InfilI Housing 20 Homes $40,000 $3,333.33 $2,000.00
'i Activity DeIive
Economic Development 1 Business $15,000 $1,250.00 $1,250.00
Activity Delivery Plans and 1
loans
D. The City agrees to provide up to $180,887 for costs in association with the acquisition of real property 4j
the InfilI Housing Program to the Provider. These costs will include but not be limited to the costs of appraisals,
surveys, title insurance, and the actual cost of the purchase of the land. The City also will provide up to $60,000
in loanable funds to the Provider for deferred payment mortgages for participants in the Infill Housing Program.
The City will also provide up to $20,000 to the Provider for property disposition expenses for participants in the
InfiIl Housing Program. The disposition costs will be those costs associated with the conveyance of real property
purchased by CNHS to program participants. The will include but not be limited to surveys, appraisals, title
insurance and other closing costs. These funds will be provided to the Provider by the City when the
Providcr submits a payment request with a signed statement of the actual costs of the items to be paid.
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Line item transfers are allowable only within each component and may not exceed in the aggregate fifteen
percent (15 %) of each line item without prior written approval of the City. All changes amounting to more
than fifteen perccnt (15 %) require prior written approval.
SECTION VII:
CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any functions or responsibilities
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in connection with Community Development funded activities, has any personal financial interests, direct or
indirect, in this Agreement. The Provider covenants that in the performance of this Agreement, no person having
such conflicting interest shall be employed. The Provider covenants that it will comply with all provisions of 24
CFR 570.611 "Conflict of Interest", and the State Statutes governing conflicts of interest. The Provider shall
disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the
Above provisions. This disclosure shall occur immcdiately upon knowledge of such possible conflict. The City
will then render an opinion which shall be binding on both parties.
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SECTION VIII:
INDEMNIFICA TION
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The Provider shall indemnify and hold harmless the City from any and all claims, liability I losses and causes of
action which may arise out of the Agreement. The Provider, through its insurance carrier, shall pay all claims
and losses of any nature whatsoever in connection therewith and shall dcfend all suits in the name of the City,
when applicable, and shall pay all costs and judgemcnts which may issue thcreon.
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Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved
in any way in the perfonllance of the Agreement.
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The Provider shall submit to the City an ORIGINAL Certificate of Insurance.
All insurance coverage shall be approved by the City's Risk management Office prior to the release of any funds
under this Agreement.
Further, in the event evidence of such insurance is not forwarded to the Risk Management Office within thirty (30)
days after the execution of this Agreement, this Agreement shall become null and void and the City shall have no
obligation under the tenns thereof unless a written extension of this thirty (30) day requirement is secured from
the Insurance Manager.
SECTION IX:
REPORTING AND EVALUATION REQUIREMENTS
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Maintaining credibility for the community development effort rests heavily on the ability to produce an impact in
low/moderate income areas, through progress in accomplishing scheduled activities. An effective method for
maintaining project progress against a previously established schedule is through project evaluation and reporting,
which will consist of both written reports and staff discussions on a regular basis. The Provider also assures
prompt and efficient submission of the following:
A. Monthly Reports are due no later than the tenth (10th) day of the succeeding month and shall include the
request for payment when applicable. Contents of the Monthly Report, attached hereto and made a part
hereof as Appendix 3, shall include but not necessarily be limited to the following:
I. The Narrative Report Fornl
2. The Financial Summary Form, which shall include the request for payment and documentation, as
applicable.
3. The Client Profile Fonn
B.
Semi-Annual Prol:ress Evaluation. No later than April 10, the Provider shall submit evaluation of the
effectiveness of the program during the first six months of the year. The purpose of this report is to pennit
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the City to implement a subrccipient ranking system for requests for funding for the subsequent program
year. This report shall be provided on fonns to be developed by the City. This requirement may be waived
if the Provider elects not to request funding in the subsequent program year.
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c. Fin(d EvalU3tl9Q. Within twenty (20) days of contract completion, a final report documenting how the
Statutory National Objective and the eligibility requirements were met, must be submitted by the Provider
to the City's .Community Development Division for review and approval. The contents of same shall
include a cumulative total of the data submitted during the program's operation. Further, such report shall
include statistical findings which depict program efficiency; i.e., the number of dollars spent, including Ilon-
CDBG funding sources, to render actual service to program recipients, and an overall evaluation of the
program's effectiveness, and quantitative results. The final report will be evaluated and the Provider will
be notified if additional data is necessary or that the project/activity is considered "closed-out".
Other Reporting Requirements may be required by the City in the event of program changes, need for additional
infomlation or documentation and/or legislation amendments. The Provider shall be infonned, in writing, if any
changes become necessary.
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Reports and/or requested documentation not received by the due date, shall be considered delinquent, and may be
considered by the City as sufficient cause to suspend CDBG payments to the Provider.
SECTION X:
AUDIT AND INSPECTIONS
At any time during nonnal business hours and as often as City and/or Federal Government representatives may
deem necessary, there shall be made available to representatives of the City and/or the Federal Government an
.. opportunity to review, inspect or audit all records, documentation, and any other data relating to all matters
covered by the Agreement.
An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal year.
The audit shall be performed in accordance with OMB Circular A-II0 Attachment F, OMB Circular A-133 or
OMB Circular A-128, as applicable. If this Agreement is closed-out prior to the receipt of an audit report, the
City reserves the right to recover any disallowed costs identified in an audit after such close-out.
SECTION XI: COMPLIANCE WITII LOCAL. STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may apply to program administration.
Additionally, the Provider will comply with all state and local laws and ordinances hereto applicable.
SECTION XII:
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be used
for compensation originated from grants of federal Community Development Block Grant funds, and must be
implemented in full compliance with all of HUD's nlles and regulations.
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It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant funds,
that the financial sources necessary to continue to pay the Provider compensation will not be available and that this
Agreement will thereby tenninate effective as of the time that it is deternlined that said funds are no longer
available.
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In the event of such deternlination, the Provider agrccs that it will not look to, nor seek to hold liable, the City
Page 9 of 17
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or any individual member of the City Commission thereof personally for the performance of this Agreement and
all of the parties hereto shaH be released from further liability each to the other under the tenns of this Agreement.
1lS Wrrr~IESS WIIE~OF, the parties hereto have caused this Agreement to be executed by their duly authorized
officials on the day and date first above indicated.
CLEARWATER NEIGHBORHOOD HOUSING
SERVICES
Secretary
By
President
Date
ATfEST:
Date
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CITY OF CLEARWATER, FLORIDA
Countersigned: .
Rita Garvey
Mayor-Commissioner
By
Michael Wright
City Manager
Date
A TIEST:
Cynthia Goudeau
City Clerk
Date
Page 10 of 17
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Approved as to fonn & correctness:
Mites A. Lance
Assistant City Attorney
Contract between City of Clearwater and CLEARWATER NEIGHBORHOOD SERVICES
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Page 11 of 17
EQUAL EMPLOYMl~NT OPPORTUNITY CLAUSE
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FOR CONTRACTS SUBJECT 'fO EXECUTIVE ORDER 11235
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The applicant hereby agrees that it will incorporate 01' calise to be incorporated into any contract for construction
work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which
is paid for in whole or in part with funds obtained from the Federal Governmcnt or borrowed on the credit of the
Fcdcml Government pursuant to the grant, contract, loan insurancc, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantce, thc following Equal Opportunity
clause:
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During the perfonllance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race,
color, rcligion, sex, or national origin. The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recnlitment or recnlitment advertising; layoff or
termination; rates of payor other fonns of compcnsation; and selection of training, including
apprenticeship. The contractor agrees tp post in a conspicuous placc, available to employees and applicants
for employment, notices to be provided setting f0l1h the provision of this nondiscrimination clause.
(2) The contmctor will, in all solicitations or advcrtiscmcnts for cmployees placed by or behalf of the
contractor, statc that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agrecment or other contract or understanding, a notice to be provided advising the said labor
union or workers' representative of the contractor's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executivc Order 11246 of September 24, 1965, and of
the nIles, regulations, and relevant orders of the Secretary of L1bor.
(5) The contractor will furnish all infonnation and rep011s required by Executive Order 11246 of September
24, 1965, and by nIles, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
pennit access to his books, records, and accounts by thc administering agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such nIles, regulations, and orders.
(6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with
any of the said nIles, regulations, or orders, this contract may be canceled, tenninated, or suspended in
whole or in part and the contractor may be declared ineligible for further government contracts or federally
assisted constnlction contmcts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, or by nile, regulation, or order of the Sccretary of Labor, or as otherwise provided
Page 12 or 1 7
by law.
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1), and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246
of September. 24, 1965, so that stich provisions will be binding upon each subcontractor or vendor. The
contractor wilJ take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for non-compliance
provided, however, that in the event a contractor becomes involved in or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the administering agency, the contractor may
request the United States to enter into such litigation to protect the interest of the United States.
The applicant further agrees that it will be bound by the above Equal Opportunity clause with respect to its own
employment practices when it participates in federally assisted constmction work: provided that, if the applicant
so participating is a State or local govemment, the above Equal Opportunity clause is not applicable to any agency,
instmmentality 01' subdivision of such government which docs not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of
L1bor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity clause and the
rules, regulations, and relevant orders of the Secretary of L1bor, that it will furnish the administering agency and
the Secretary of Labor such infornlation as they may require for the supervision of such compliance, and that it
will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing
compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to
Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated
eligibility for, govenlment contracts and federally assisted construction contracts pursuant to the Executive Order
and will carry out stich sanctions and penalties for violation of the equal opportunity clause as may be imposed
upon contractors and subcontractors by the administering agency of the Secretary of Labor pursuant to Par IT,
Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these
undertakings, the administering agency may take any or all of the following actions: cancel, 'temlinate, suspend
in whole or in part this grant (contract, loan, insurance guarantee); refrain from extending any further assistance
to the applicant under the program wit.h respect to which the failure or refund occurred until satisfactory assurance
of future compliance has been received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
Page 13 of 17
SECTION 3 CLAUSE
A. The work to be perfonned under this contract is 011 a project assisted under a program providing direct
Federal financial assistance from the Department of Housing and Urban Development and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment
be given to lower income residents of the project area, and contracts for work in connection with the project
be awarded to business concerns which are located in, or owned in substantial part by persons residing in
the area of the project.
B. The parties to this contract will comply with the provision of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135.20, and all
applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The
parties to this contract certify and agree that they are under no cont.ractual or other disability which would
prevent them from complying with these requirements.
C. The contractor will send to each labor organization or representative of workers with which he has a
collective bargaining agrccment or other contract or understanding, if any, a notice advising the said labor
organization of workers' representative of his commitments under this Section 3 Clause and shall post
copies of the notice in conspicuous places available to employees and applicants for employment or training.
D. The contractor will include this Section 3 Clause in every subcontract for work in connection with the
project and will, at the direction of the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20. The contractor
will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found
in violation of regulations under 24 CFR 135.20, and will not let any subcontract unless the subcontractor
has first provided it with a preliminary statement of ability to comply with the requirements of these
regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20, and all applicable
rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a
condition of the federal financial assistance provided to the project, binding upon the applicant or recipient
for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the
applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions
specified by the grant or loan agreement or contract through which Federal assistance is provided, and to
such sanctions as are specified by 24 CFR 135.20.
Page 14 of 17
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ACKNOWLEDGEMENT OF ECONOMIC DEVELOPMENT ACTIVITIES
If the Provider will be using CDBG funds for an Economic Development Activity, the following federal
requirements nlust be acknowledged:
LOW/MODERATE INCOME JOBS
Criteria
A low/moderate jobs activity is one which creates or retains pennanent jobs, at least 51 % of which are taken by,
low/moderate income persons or considered to be available to low/moderate income persons.
In counting lobs created or jobs retained, the following policies apply:
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o Part-time jobs must be converted to full-time equivalents.
o Only permanent jobs count.
.0 Temporary jobs may not be included.
o Regardless of the sources of funding, all pennanent jobs created by the activity must be counted.
o Trickle-down jobs Gobs indirectly created by the assisted activity may not be counted).
For iobs retained, the following additional criteria apply:
o There is clear and objective evidence that pemlanent jobs will be lost without CDBa. assistance.
Such evidence includes: a notice by the business to affected employees, a public announcement by
the business, or relevant financial records.
o Retained jobs are considered to involve the employment of low/moderate income persons if 51 %
of such jobs are known to be held by low/moderate income persons when CDBa assistance is
provided .
Jobs are considered to be available to low/moderate income persons when .\2.Qili the following conditions are
fulfilled:
o Special skills that can only be acquired with one or more years of training or work experience, or
education beyond high school, are not a pre-requisite to fill such jobs, or else the business
nevertheless agrees to hire unqualified persons and train them; and
o The Provider ensures that the assisted business adheres to the principles of "first consideration" by:
using a hiring practice that in all likelihood will result in over 51 % of those hired being
low/moderate income persons; seriously considering a sufficient number of low/moderate income
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Page 15 of 17
job applicants to meet this intent; determining that the distance from the job applicant's residence
is close to the job site or that transportation is available to the job site.
RECORDS TO BE MAINTAINED
Where the low/moderate income benefit is based on job creation, the Provider's files must include the
documentation described in either (A) or (B) below:
(A) For activities where at least 51 % of the jobs will be available to low/moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that it will make at least 51 % of the jobs available to low/moderate
income persons and will provide training for any of those jobs requiring special skills or education;
and,
o A listing by job title of the pemlanent jobs to be created, indicating which jobs will be available to
low/moderate income persons, which jobs require special skills or education, and which jobs are
part-time; and,
o A description of actions to be taken by the Provider and business to ensure' that low/moderate
income persons receive "first consideration" for these jobs; and,
o A listing, by job title, of pemlanent jobs filled, and which jobs were available to low/moderate
income persons, as well as a description of how "first consideration" was given to such persons for
those jobs. The description must include what type of hiring process was used; which low/moderate
income persons were interviewed for a particular job and which interviewees were hired.
Page 16 of 1 7
, (B) For activities where at least 51 % of the jobs w ill be taken by low/moderate income persons, documentation
for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that at least 51 % of the jobs, on a full-time equivalent basis, will be
taken by low/moderate income persons and a listing by job title of the pennanent jobs created; and,
o A listing, by job title, of the pcnnanent jobs filled and which jobs were initially held by
low/moderate income persons; and,
o Information on the size and annual income of the persons' immediate family poor to the
low/moderate income person being hired for the job.
Where low/moderate income benefit is based on job retention, the files must include the following documentation:
d.I..,:';;:,
o Evidence that jobs would be lost without CDBG assistance.
o A listing, by job title, of permanent jobs retained, indicating which of those jobs are part-time and
(if known) which are held by low/moderate income persons at the time the assistance is provided.
o Identification of any retained jobs not already held by low/moderate income persons which are
projected to become available to low/moderate income persons through job turnover within two
years ,of the time CDBG assistance is provided. (Job turnover projections should also be included
in the record.)
o Infoonation on the size and annual income of the low/moderate income persons' immediate family
for each retained job claimed to be held by a low/moderate income person. Acceptable'
documentation on job applicant/ employee family income includes anyone of the following:
~ Notice that job applicant/employee is a referral from state, county, or local employment agency or
other entity that agrees to refer individuals detennined to be low/moderate income according to
HOD criteria. (These entities must maintain documentation for city or federal inspection.)
~ Written certification, signed by the job applicant/employee, of family income and size to establish
low/moderate income status by showing: the actual income of the family, or a statement that the
family income is below CDBG low/moderate income requirements. (These certifications must
include a statement that they are subject to verification by the local or federal government.)
~ Evidence that job applicant/employee qualifies for assistance under another program with income
qualification criteria at least as restrictive as those used by the CDBG program, such as referrals
from the Job Training Partnership Act (JTPA) Program, except for referrals under the JTPA Title
ill Program for dislocated workers.
ADDITIONAL CONSIDERATIONS
The Provider must prepare a "necessary or appropriate" detennination whenever CDBG assistance is provided for
a private, for-profit entity carrying out economic development
Page 17 of 17
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AGREEMENT
TInS AGREEMENT is entered into this 1st day of October, 1993, by and between the City of
Clearwater, a Florida municipal corporation, having its principal office at 112 South Osceola Avenue,
Clearwater, Florida, hereinafter referred to as the "City", and PlNELLAS HABITAT FOR HUMANITY,
INC., hereinafter referred to as the "Provider".
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and Urban
Development for the purpose of conducting a Housing and Community Development Program (HUD) with
federal fimincial assistance under Title I of the Housing and Community Development Act of 1974, as
amended, hereinafter called "Act"; and the Cranston-Gonzalez National Affordable Housing Act of 1990; and
WIIEREAS, the City has detennined through its Year Nineteen Final Statement of Objectives and
Projected Use of Funds, which was adopted by City of Clearwater July 15, 19931 the necessity for; and
WHEREAS, the City desires to engage the Provider to Tender certain services in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I:
SCOPE OF SERVICES
A. The Provider agrees to implement the Habitat for Humanity affordable new housing program, in
accordance with the projected accomplishments attached and made a fully binding part: of this
Agreement, as Appendix 1, as follows:
Land acquisition for constnJction of four new homes
SECTION ll:
CONDITION OF SERVICE
The Provider hereby agrees to the following:
,".,
A. The Program provides housing services to eligible low or moderate income individuals or families.
B.
The Provider shall maintain a citizen participation mechanism, which will include, but not be limited
to the following:
':
1 Logging citizen comments or complaints when received.
2. Copies of comments and/or complaints received in writing.
. 3. Copies of responses to complaints and/or explanations of resolutions to complaints.
Page 1 of 16 '
C. The Provider shall comply with the following attachments to the Office of Management and Budget
(OMB) Circular No. A-IIO, "Unifonn Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations". incorporated by
reference into this Agreement.
1. Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit insurance.
2. Attachment E, "Bonding and Insurance".
3. Attachment C, "Retention and Custodial Requirements for Records", except that in lieu of the
provisions in paragraph 4, the retention period for records pertaining to individual CDBG
activities starts from the date of expiration of this Agreement, as prescribed in 570.507, in which
the specific activity is reported on for the final time.
4. Attachment F, "Standards for Financial Management Systems".
5. Attachment H, "Monitoring and Reporting Program Perfonnance", paragraph 2.
6. Attachment N, "Monitoring Management Standards", except for paragraph 3 concerning the
standards for real property and except that paragraphs 6 and 7 are modified so that in all cases
in which personal property is sold, the proceeds shall be "program income" and that personal
property not needed by the sub-recipient for CDBG activities shall be transferred to the recipient
for the CDBG program or shall be retained after compensating the recipient.
7. Attachment 0, "Procurement Standards".
D. Costs incurred under this program shall be in compliance with Federal Management Circular No. A-
122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this Agreement.
E. The Provider shall abide by those provisions of 24 CPR Part 570 subpart J, when applicable,
incorporated by refefence into this Agreement.
F. No expenditures or obligations shall be incurred for the program prior to approval and release of funds
from the U.S. Department of Housing and Urban Development. Further, it is expressly understood that
in the event no funds are feleased from the U.S. Department of Housing and Urban Development in
connection with this Program, then the City is not liable for any claims under this contract.
G. The Provider shall certify, pursuant to Section 109 of the Act, that no pefson shall be denied the
benefits of the program on the ground of race, color, national origin Of sex.
H. The Provider agrees that to the extent that it staffs the Program with personnel not presently employed
by said party', it will take affinnative action in attempting to employ low income persons residing in the
City of Clearwater, particularly minority group members.
Page 2 of 16
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J.
The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program Income", gross
income directly generated from the use of CDBG funds. In those instances where the City allows the
sub-recipient to retain program income, these funds shall be expended for CDBG eligible activities,
previously approved by the City in accordance with the projected accomplishments and budget
descriptions attached to this Agreement.
The Provider shall adhere to the applicable requirements contained in the "Acknowledgement of
Economic Development Activities", attached hereto and made a part hereof as Appendix 2, if
applicable.
K. The Provider shall comply with First Amendment Church/State principles, as follows:
1. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the basis
of religion.
~
2. It will not discriminate against any person applying for public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion.
3. It will provide no religious instruction Of counseling, conduct no religious worship Of services,
engage in no religious proselytizing, and exert no other religious influence in the provision of
such public services.
. , . ,
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" '
. ".,
4.
The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or religious symbols or decorations.
5.
The funds received under this Agreement shall not be used to construct, rehabilitate, or 'restore
any religious facility which is owned by the Provider and in which the public services are to be
provided. However, minor fepairs may made if such repairs are directly related to the public
services; are located in a structure used exclusively for non-religious purposes; and constitute,
in dollar terms, only a minor portion of the CDBG expenditure for the public services.
&
L. The Provider shall transfer to the City upon expiration of this Agreement, any CDBG funds on hand
at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The
following restrictions and limitations apply to any real property under the Provider's control which was
acquired or improved in whole or in part with CDBG funds in excess ,of $25,000:
1. Any real property under the Provider's control must be used to meet one of the National
Objectives in the CDBG Regulations. Part 570.208 until five years or such longer period of time
as determined appropriate by the City after expiration of the Agreement.
2. If the real property is sold within the period of time specified above, the property must be
disposed of in a manner which results in the City being reinlbursed in the amount of the current
fair market value of the property, less any pqrtion thereof attributable to expenditures on non-
Page 3 of 16
CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is
required.
M. The Provider agrees that when sponsoring a project fmanced in whole or in part under this Agreement,
all notices, infonnational pamphlets, press releases, advertisements, descriptions of the sponsorship of
the project, research reports, and similar public notices prepared and released by the Provider shall
include the statement:
}"lJNDED BY THE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BLOCK GRANT PRO GRAM: II
In written materials, the words "CITY OF CLEARWATER COl\1MUNITY DEVELOPMENT
BLOCK GRANT FUNDS ADMINISTERED BY THE DEPARTMENT OF PLANNING AND
URBAN DEVELOPMENT" shall appear in the same size letters or type as the name of the Provider.
N. The Provider shall ensure the following when entering into a sub-contract agreement:
1. The full correct legal name of the party shall be identified.
2. The "Scope of Services" shall describe the activities to be performed.
o.
The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to
determine compliance with the requirements of this Agreement, the Community Development Block
Grant Program and all applicable laws and regulations.
This documentation shall include, but not be limited to, the following:
1. Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and expenditures
of funds provided directly or indirectly by this Agreement, including matching funds and
program income.
2. ~ime sheets for split-funded employees who work on more than one activity, in order to record
the CDBG activity delivery cost by project and the non-CDBG related charges.
3. How the Statutory National Objective(s) and the eligibility requirement(s) under which funding
has been received, have been met. These also include special requirements such as necessary
and appropriate determinations, income certifications, written agreements with beneficiaries,
where applicable.
P. The. Provider is responsible for maintaining and storing all records pertinent to this Agreement in an
orderly fasmon in a readily accessible, penn anent and secured location for a period of three (3) years
after expiration of this Agreement, with the following exception: if any litigation, claim or audit is
Page 4 of 16
~ . "
, ..
.
started before the expiration date of the three year period, the records will be maintained until all
litigation, claims or audit findings involving these records are resolved. The City shall be infonned in
writing after close-out of this Agreement, of the address where the records are to be kept.
SECTION ill:
TERM OF AGREElVlENT
This Agreement shall be deemed effective upon approval and release of funds by the U. S. Department of
Housing and Urban Development and being duly executed by both parties, whichever is later.
This project shall become operational as of October 1, 1993, and shall continue through September 30, 1994.
SECTION IV:
TERMlNATION
The City and the Provider agree:
A. This Agreement may be tenninated by either party hereto by written notice of the other party of such
intent to tenninate at least thirty (30) days prior to the effective date of such tennination.
This Agreement may be tenninated in whole or in part, for convenience, when both parties agree upon
'the tennination conditions. A written notification shall be required and shall include the following:
reason for the tennination, the effective date, and in the case of a partial termination, the actual portion
,,' ,,_.", . ,', to, be tenninated. However, if, in the case of a partial termination, the City determines that the
'::ft~2:;~~:~:'-'::~:/; i-emainiIig portion of the Agreement will not accomplish the purposes of such Agreement, the City may
'., ,.".,-<.- '.. ... . . .. .
";L ":,"> '.. terminate such m Its entIrety.
B.
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:~Zr;;;'~:,- C:".:: . The City may place the Provider in default of this Agreement, and may suspend or termin~te this
Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perfonn in accordance with this Agreement, or any federal
statute or regulation.
b. Submitting reports to the City which are late, incorrect or incomplete in any material
respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible.
d. Failure to respond in writing to any concerns raised by the City, including substantiating
documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
monitoring of the subrecipient, and applicable HUD rules and regulations.
Page 5 of 16
,. .
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2; The City shall notify the Provider in writing when the Provider has been placed in default. Such
notification shall include actions taken by the City, such as withholding of payments, actions to
be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable
date for compliance, which shall be no more than ftfteen (15) days from notification date.
3. The City shall notify the Provider in writing when sufficient cause is found for tennination of
this Agreement. The Provider shall be given no more than fifteen (15) days in which to reply
in writing, appealing the tennination prior to final action being taken by the City.
D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds of
the U.S. Department of Housing and Urban Development, this Agreement will tenninate effective as
of the time that it is detennined such funds are no longer available.
E. Costs of the Provider resulting from obligations incurred during a suspension or after tennination, are
not allowable unless the City expressly authorizes them in the notice of suspension or tennination or
subsequently. Other costs during suspension or after tennination which are necessary and not
reasonably avoidable are allowable if:
1. The costs result from obligations which were properly incurred before the effective date of ,
suspension or tennination, are not in anticipation of it, and in the case of tennination, are
noncancelable, and
2. The costs woul.d be allowable if the award were not suspended or expired nonnally at the end
of the Agreement in which the tennination takes effect.
."' F.
Upon tennination of the Agreement, the Provider and the City shall meet to discuss the City's
determination if any amounts are to be repaid to the City or if additional amounts are due the Provider.
SECTION V:
AMENDl\1ENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been
reduced to writing and duly signed by both parties. Any changes which do not substantially change the scope
of the project and/or, the Project Implementation Schedule or increase the total amount payable under this
Agreement, shall be valid only when reduced to writing and signed by the City Administration and the
Provider.
The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement unless
and until the City officially, in writing, approves such expenditure by executing a written modification to the
original Agreement.
SECTION VI:
lVIETHOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures
incurred shall not exceed TWENTY FIVE TIIOUSAND $25,000.00). Such funds must be expended during
Page 6 of 16
the tenn of the Agreement, and any remaining balance of funds shall revert to the City. Such compensation
shall be paid in accordance with the projected accomplishments and budget descriptions attached hereto and
made a part hereof as Appendix I.
A. The Provider shall submit monthly requests for payment for actual expenditures, including applicable
back-up documentation, no later than the tenth (10th) day of the succeeding month and the City will
provide reimbursement, upon approval, within ten (10) working days after receipt of the same, if
submitted by the deadline data for inclusion on the drawdown request.
B. The City agrees to pay the Provider for expenditures incurred under this Agreement on a monthly basis
in accordance with the Budget and Project Implementation Schedule attached hereto and made a part
hereof as Appendix I. Line item transfers are allowable only within each component and may not
exceed in the aggregate fifteen percent (15 %) of each line item without prior written approval of the
City. All changes amounting to more than fIfteen percent (15%) require prior written approval.
SECTION Vll:
CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any functions or
responsibilities in connection with Community Development funded activities, has any personal fmancial
interests, direct or indirect, in this Agreement. The Provider covenants that in the perfonnance of this
Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will
",:,' . comply with all pr~visions of 24 CFR 570.611 "Conflict of Interest", and the State Statutes governing conflicts
>' 'of. interesL' The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent
i.rrlpiopriety that is covered by the Above provisions. This disclosure shall occur immediately upon knowledge
"-:FF of'such possible conflict. The City will then render an opinion which shall be binding on both parties.
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SECTION vm:
INDEMNIFICATION
The Provider shall indemnify and hold hannless the City from any and all claims, liability, losses and causes
of action which may arise out of the Agreement. The Provider, through its insurance carrier, shall pay all
'claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of
the City, when applicable, and shall pay all costs and judgements which may issue thereon.
Automobile an~ vehicle coverage shall be required when the use of automobiles and other vehicles are involved
in any way in the performance of the Agreement.
The Provider shall submit to the City an ORIGINAL Certificate of Insurance.
All insurance coverage shall be approved by the City's Risk management Office prior to the release of anY
funds under this Agreement.
Further, in the event evidence of such insurance is not forwarded to the Risk Management Office within thirty
(30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall
have no obligation under the tenus thereof unless a written extension of this thirty (30) day requirement is
Page 7 of 16
secured from the Insurance Manager. .
SECTION IX:
REPORTING AND EV ALUA TION REOUffiEMENTS
Maintaining credibility for the community development effort rests heavily on the ability to produce an impact.
in low/moderate income areas, through progress in accomplishing scheduled activities. An effective method
for maintaining project progress against a previously established schedule is through project evaluation and
reporting, which will consist of both written reports and staff discussions on a regular basis. The Provider also
assures prompt and efficient submission of the following:
A. Monthly Reports are due no later than the tenth (10th) day of the succeeding month and shall include
the request for payment when applicable. Contents of the Monthly Report, attached hereto and made
a part hereof as Appendix 3, shall include but not necessarily be limited to the following:
1. The Narrative Report Form
2. The Financial Summary Fonn, which shall include the request for payment and documentation,
as applicable.
3. The Client Profile Fonn
B. Semi-Annual Proeress Evaluation. No later than April 10, the Pr~vider shall submit evaluation of the
effectiveness of the program during the frrst six months of the year. The purpose of this report is to
permit the City to implement a subrecipient ranking system for requests for funding for the subsequent
program year. This report shall be provided on fonus to be developed by the City. This requirement
may be waived if the Provider elects not to request funding in the subsequent program year.
c.
Final Evaluation. Within twenty (20) days of contract completion, a fmal report documenting how the
Statutory National Objective and the eligibility requirements were met, must be submitted "by the
Provider to the City's Community Development Division for review and approval. The contents of
same shall include a cumulative total of the data submitted during the program's operation. Further,
such report shall include statistical fmdings which depict program efficiency; i.e., the number of dollars
spent, including non-CDBG funding sources, to render actual seIVice to program recipients, and an
overall evaluation of the program's effectiveness, and quantitative results. The fmal report will be '
evaluated and the Provider will be notified if additional data is necessary or that the project/activity is.
considered "closed-out".
Other Reporting Requirements may be required by the City in the event, of program changes, need for
additional infonnation or documentation and/or legislation amendments. The Provider shall be informed, in
writing, if any changes become necessary.
Reports and/or requested documentation not received by the due date, shall be consider~ delinquent, and may.
be considered by the City as sufficien~ cause to suspend CDBG payments to the Provider. '
SECTION X:
AUDIT AND INSPECTIONS
Page 8 of 16
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At any time during Don11a! business hours and as often as City and/or Federal Government representatives may
deem necessary, there shall be made available to representatives of the City and/or the Federal Government
an opportunity to review, inspect or audit all records, documentation, and any other data relating to all matters
covered by the Agreement.
An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal year.
The audit shall be performed in accordance with O:MB Circular A-lID Attachment F, 01\.1B Circular A-I33
. or OMB Circular A-128, as applicable. If this Agreement is closed-out prior to the receipt of an audit report,
the City reserves the right to recover any disallowed costs identified in an audit after such close-out.
SECTION XI: COMPLIANCE WITH LOCAL. STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may apply to program
administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable.
SECTION Xll:
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be
used for compensation originated from grants of federal Community Development Block Grant funds, and must '
be implemented in full compliance with all of HUD's rules and regulations.
It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant
, funds, that the fmancial sources necessary to continue to pay the Provider compensation will not be available
.'"0 and that this Agreement will thereby terminate effective as of the time that it is determined that said funds are
, '0 no longer available.
In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City
or any individual member of the City Commission thereof personally for the performance of this Agreement
and all of the parties hereto shall be released from further liability each to the other under the terms of this,
Agreement.
IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their duly"
authorized officials on the day and date fITst above indicated.
PINELLAS HABITAT FO~ HUMANITY, INC. ,"
" '
By
President
Page 9 of 16
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Date
ATIEST:
Secretary
Date
",,'
Countersigned:
CITY OF CLEARWATER, FLORIDA
.....
t; ~.
Rita Garvey
Mayor-Commissioner
By
Michael Wright
City Manager
~l. '~. .
Miles A. Lance
. Assistant City Attorney
Date
ATIEST:
Cynthia Goudeau
City Clerk
. . "
. 'Approvedas to form & correctness:,
Date
Contract between City of Clearwater and
Page 10 of 16
, . ~ :.
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11235
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for
construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
Chapter 60, which is paid for'in whole or in part with funds obtained from the Federal Government or
borrowed on the credit of the Federal Government pursuant to the grant, contract, loan insurance, or guarantee,
or undertaken pursuant to any Federal program involving sllch grant, contract, loan, insurance, or guarahtee,
the following Equal Opportunity clause:
During the perfonnance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The contractor will take affinnative action to ensure that
applicants are employed, and that employees are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
tennination; rates of payor other fonns of compensation; and selection of training, including
apprenticeship. The contractor agrees to post in a conspicuous place, available to employees and
applicants for employment, notices to be provided setting forth the provision of this nondiscrimination
clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or behalf of the
contractqr, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining, agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representative of the contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and
of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
penn it access to his books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the non~discrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, tenninated, or
suspended in whole or in part and the contractor may be declared ineligible for further govenlment
contracts or federally assisted construction contracts in accordance with procedures authorized in
Page 11 of 16
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Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
(7)
The contractor will include the portion of the sentence immediately preceding paragraph (1), and the
provisions of paragraphs (I) through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor. The contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including sanctions for
non-compliance provided, however, that in the event a contractor becomes involved in or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the contractor may request the United States to enter into such litigation to protect the interest of the
United States.
The applicant further agrees that it will be bound by the above Equal Opportunity clause with respect to its own
employment practices when it participates in federally assisted constnlction work: provided that, if the applicant
so participating is a State or local government, the above Equal Opportunity clause is not applicable to any
agency, instrumentality or subdivision of such government which does not participate in work on or under the
contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary
of ~bor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity clause and
'.: th~, roles, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering
age~cy and the Secretary of Labor such infonnation as they may require for the supervision of such
: . compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary
:::, , responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject
to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the
Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause
as may be imposed upon ~ontractors and subcontractors by the administering agency of the Secretary of Labor
pursuant to Par II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses
to comply with these ,undertakings, the administering agency may take any or all of the following actions:
cancel, tenninate, suspend in whole or ill part this grant (contract, loan, insurance guarantee); refrain from
extending any further assistance to the applicant under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the
case to the Department of Justice for appropriate legal proceedings.
Page 12 of 16
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SECTION 3 CLAUSE
A.
The work to be perfonned under this contract is on a project assisted under a program providing direct
Federal financial assistance from the Department of Housing and Urban Development and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area, and contracts for work in
connection with the project be awarded to business concerns which are located in, or owned in
substantial part by persons residing in the area of the project.
B.
The parties to this contract will comply with the provision of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135.20, and
all applicable rules and orders of the Department issued thereunder prior to the execution of this
contract. The parties to this contract certify and agree that they are under no contractual or other
disability which would prevent them from complying with these requirements.
C.
The contractor will send to each labor organization or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, if any, a notice advising the said
labor organization of workers' representative of his commitments under this Section 3 Clause and shall
post copies of the notice in conspicuous places available to employees and applicants for employment
or training.
D.
The contractor will include this Section 3 Clause in every subcontract for work in connection with the
project and will, at the direction of the applicant for or recipient of Federal [mancial assistance, take
appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20. The
contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR 135.20, and will not let any subcontract unless
the subcontractor has fust provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
E.
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20, and all
applicable rules and orders of the Department issued thereunder prior to the execution of the contract,
shall be a condition of the federal financial assistance provided to the project, binding upon the applicant
or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those
sanctions specified by the grant or loan agreement or contract throught which Federal assistance is
provided, and to such sanctions as are specified by 24 CFR 135.20.
Page 13 of 16
ACKNOWLEDGEMENT OF ECONO:MIC DEVELOPMENT ACTIVITIES
If the Provider will be using CDBG funds for an Economic Development Activity, the following federal
requirements must be acknowledged:
LOWIMODERATE INCOME JOBS
Criteria
A low/moderate jobs activity is one which creates or retains permanent jobs, at least 51 % of which are taken
by low/moderate income persons or considered to be available to low/moderate income persons.
In counting iobs created or jobs retained, the following policies apply:
o Part-time jobs must be converted to full-time equivalents.
o Only permanent jobs count.
o Temporary jobs may not be included.
o Regardless of the sources of funding, all permanent jobs created by the activity must be counted.
. 0 Trickle-down jobs Gobs indirectly created by the assisted activity may not be counted).
>'.' For jobs retained, the following additional criteria apply:
. ~.. " .,-
o There is clear and objective evidence that permanent jobs will be lost witho"ut CDBG assistance.
Such evidence includes: a notice by the business to affected employees,. a public announcement
by the business, or relevant financial records.
o Retained jobs are considered to involve the employment of low/moderate income persons if 51 %
of such jobs are known to be held by low/moderate income persons when CDBG assistance is ,
provided.
Jobs are considered to be available to low/moderate income persons when both the following conditions are
fulfilled:
o Special skills that can only be acquired with one or more years of training or work experience,
or education beyond high school, are not a pre-requisite to fill such jobs, or else the business .'
nevertheless agrees to hire unqualified persons and train them; and
o . The Provider ensures that the assisted business adheres to the principles of "first consideration"
by: using a hiring practice that in all likelihood will result in over 51 % of those hired being
low/moderate income persons; seriously considering a sufficient number of low/moderate income
, -
';':.'
Page 14 of 16
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job applicants to meet this intent; determining that the distance from the job applicant's residence
is close to the job site or that transportation is available to the job site.
RECORDS TO BE MAINTAINED
Where the low/moderate income benefit is based on job creation, the Provider's fues must include the
documentation described in either (A) or (B) below:
(A) For activities where at least 51 % of the jobs will be available to low/moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that it will make at least 51 % of the jobs available to
low/moderate income persons and will provide training for any of those jobs requiring special
skills or education; and,
o A listing by job title of the permanent jobs to be created, indicating which jobs will be available
to low/moderate income persons, which jobs require special skills or education, and which jobs
are part-time; and,
o A description of actions to be taken by the Provider and business to ensure that low/moderate
income persons receive "first consideration" for these jobs; and,
o A listing, by job title, of pennanent jobs filled, and which jobs were available to low/moderate'
income persons, as well as a description of how "fITst consideration" was given to such persons
for those jobs. The description must include what type of hiring process was used;' which
low/moderate income persons were interviewed for a particular job and which interviewees were
hired.
(B) For activities where at least 51 % of the jobs will be taken by low/moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that at least 51 % of the jobs, on a full-time equivalent basis, will
be taken by low/moderate income persons and a listing by job title of the pennanent jobs
created; and, ,
o A listing, by job title, of the permanent jobs filled and which jobs were initially held by
low/moderate income persons; and,
o Information on the size and annual income of the persons' immediate family prior to the
low/moderate income person being hired for the job.
Page 15 of 16
. ....
Where low/r.10derate income benefit is based on job retention, the files must include the following
documentation:
o Evidence that jobs would be lost without CDBG assistance.
o A listing, by job title, of pennanent jobs retained, indicating which of those jobs are part-time
and (if known) which are held by low/modemte income persons at the time the assistance is
provided.
o Identification of any retained jobs not already held by low/moderate income persons which are
projected to become available to low/moderate income persons through job turnover within two
years of the time CDBG assistance is provided. (Job turnover projections should also be
included in the record.)
'", :
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Infonnation on the size and annual income of the low/moderate income persons' immediate
family for each retained job claimed to be held by a low/moderate income person. Acceptable
documentation on job applicant/ employee family income includes anyone of the following:
~ Notice that job applicant/employee is a referral from state, county, or local employment agency
or other entity that agrees to refer individuals deternlined to be low/moderate income according
to HUD criteria. (These entities must maintain documentation for city or federal inspection.)
Written certification, signed by the job applicant/employee, of family income and size to
establish low/moderate income status by showing: the actual income of the family, or a statement
that the family income is below CDBG low/moderate income requirements. (These certifications
must include a statement that they are subject to verification by the local or federal government.)
Evidence that job applicant/employee qualifies for assistance under another program with income"
qualification criteria at least as restrictive as those used by the CDBG program, such as referrals"
from the Job Training Partnership Act (JTPA) Program, except for referrals under the JTPA
Title ill Program for dislocated workers.
ADDITIONAL CONSIDERATIONS
The Provider must prepare a "necessary or appropriate" detennination whenever CDBG assistance is provided
for a private, for-profit entity carrying out economic development. . , ..
Page 16 of 16
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AGREEMENT
THIS AGREEMENT is entered into this I st day of October, 1993, by and between the City of
Clearwater, a Florida municipal corporation, having its principal office at 112 South Osceola Avenue,
Clearwater, Florida, hereinafter referred to as the "City", and REUGIOUS CO:tvIM:UNITY SERVICES
acquisition of modular homes and emergency housing revitalization program, hereinafter referred to as the
"Provider" .
WITNESSETII:
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and Urban
Development for the purpose of conducting a Housing and Community Development Program (HUD) with
federal financial assistance under Title I of the Housing and Community Development Act of 1974, as
amended, hereinafter called "Act"; and the Cranston-Gonzalez National Affordable Housing Act of 1990; and
WHEREAS, the City has determined through its Year Nineteen Final Statement of Objectives and
Projected Use of Funds, which was adopted by City of Clearwater July 15, 1993, the necessity for providing
for the removal of the existing mobile homes at 1101-1213 Holt Avenue and purchasing and installing thirteen
modular homes to be used as transitional housing; and
WHEREAS, the City desires to engage the Provider to render certain services in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I:
SCOPE OF SERVICES
A. The Provider agrees to implement the purchase and installation of thirteen (13) modular homes in
accordance with federal procurement stand, and in accordance with the projected accomplishments
attached and made a fully binding part of this Agreement, as Appendix 1, as follows:
Removing the existing mobile home units at 1101-1213 Holt Avenue and purchasing and installing
thirteen (13) 780 sq. ft. three to four (3 - 4) bedroom modular homes. Direct costs associated 'with this
project include costs to remove and dispose of the existing mobile home, acquisition and assembly of
the modular units, transportation, heating systems and site/preparation set up of the new units.
SECTION ll:
CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve residents of an area identified as an area within which' over 51 % of the
residents were of low or moderate income.
B. The Provider shall maintain a citizen participation mechanism, which will include, but not be limited
to the following:
1 Logging citizen comments or complaints when received.
2. Copies of comments and/or complaints received in writing.
Page 1 of 15
3. Copies of responses to complaints and/or explanations of resolutions to complaints.
C. The Provider shall comply with the following attachments to the Office of Management and Budget
(ONlB) Circular No. A-II O. "Unifonn Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non.Profit Organizations", incorporated by
reference into this Agreement.
1. Attachment A, "Cash Depositories" , except for paragraph 4 concen1ing deposit insurance.
2. Attachment E, "Bonding and Insurancell.
3. Attachment C, "Retention and Custodial Requirements for Records", except that in lieu of the
provisions in paragraph 4, the retention period for records pertaining to individual CDBG
activities starts from the date of expiration of this Agreement, as prescribed in 570.507, in which
the specific activity is reported on for the final time.
4.
5.
rl 6.
.,
.
Attachment F, "Standards for Financial Management Systems".
Attachment H, "Monitoring and Reporting Program Perfonnance", paragraph 2.
Attachment N, "Monitoring Management Standards", except for paragraph 3 concerning the
standards for real property and except that paragraphs 6 and 7 are modified so that in all cases
in which personal property is sold, the proceeds shall be "program income" and that personal
property not needed by the sub-recipient for CDBG activities shall be transferred to the recipient
for the CDBG program or shall be retained after compensating the recipient.
7. Attachment 0, "Procurement Standards".
D. Costs incurred under this program shall be in compliance with Federal1\.1anagement Circular No. A-
122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this Agreement.
E. The Provider shall abide by those provisions of 24 CFR Part 570 subpart J, when applicable,
incorporated by reference into this Agreement.
F. No expenditures or obligations shall be incurred for the program prior to approval and release of funds
from the U. S. Department of Housing and Urban Development. Further, it is expressly understood that
in the event no funds are released from the U.S. Department of Housing and Urban Development in
connection with this Program, then the City is not liable for any claims under this contract.
G. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the
benefits of the program on the ground of race, color, national origin or sex.
H. The Provider agrees that to the extent that it staffs the Program with personnel not presently employed
by said party, it will take affmnative action in attempting to employ low income persons residing in the
City of Clearwater, particularly minority group members.
I. The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program Income", gross
income directly generated from the use of CDBG funds. In those instances where the City allows the
sub-recipient to retain program income, these funds shall be expended for CDBG eligible activities,
previously approved by the City in accordance with the projected, accomplishments and budget
Page 2 of 15
descriptions attached to this Agreement.
J. The Provider shall adhere to the applicable requirements contained in the "Acknowledgement 0
Economic Development Activities", attached hereto and made a part hereof as Appendix 2, .
applicable.
K. The Provider shall comply with First Amendment Church/State principles, as follows:
1. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the basis
of religion.
2. It will not discriminate against any person applying for public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or services,
engage in no religious proselytizing, and exert no other religious influence in the provision of
such public services.
4. The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or religious symbols or decorations.
5. The funds received under this Agreement shall not be used to construct, rehabilitate, or restore
any religious facility which is owned by the Provider and in which the public services are to be
provided. However, minor repairs may made if such repairs are directly related to the public
services; are located in a structure used exclusively for non-religious purposes; and constitute,
in dollar terms, only a minor portion of the CDBG expenditure for the public services.
L. The Provider shall transfer to the City upon expiration of this Agreement, any CDBG funds on hand
at the time of expiration and any accounts receivable attributable to the use of CDBG funds., The
following restrictions and limitations apply to any real property under the Provider's control which was
acquired or improved in whole or in part with CnBG funds in excess of $25,000:
1. Any real property under the Provider's control must be used to meet one of the National
Objectives in the CDBG Regulations, Part 570.208 until five years or such longer period of time
as determined appropriate by the City after expiration of the Agreement.
2. If the real property is sold within the period of time specified above, the property must be
disposed of in a manner which results in the City being reimbursed in the amount of the current
fair market value of the property, less any portion thereof attributable to expenditures on non-
CnBG funds for acquisition of, or improvenlent to, the property. Such reimbursement is
required.
M~ The Provider agrees that when sponsoring a project financed in whole or in part under this Agreement,
all notices, infonnational pamphlets, press releases, advertisements, descriptions of the sponsorship of
the project, research reports, and similar public notices prepared and released by the Provider shall
include the statement: .
Page 3 of 15
"
FUNDED BY TIlE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words "CITY OF CLEARWATER CO:MMUNITY DEVELOPMENT
BLOCK GRANT FUNDS ADMINISTERED BY TIlE DEPARTMENT OF PLANNING AND
URBAN DEVELOPMENT" shall appear in the same size letters or type as the name of the Provider.
N. The Provider shall ensure the following when entering into a sub-contract agreement:
1. The full correct legal name of the party shall be identified.
2. The IIScope of Services" shall describe the activities to be perfonned.
O. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to
determine compliance with the requirements of this Agreement, the Community Development Block
Grant Program and all applicable laws and regulations.
This documentation shall include, but not be limited to, the following:
1. Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and expenditures
of funds provided directly or indirectly by this Agreement, including matching funds and
program income. '
2. Time sheets for split-funded employees who work on more than one activity, in order to record
the CDBG activity delivery cost by project and the non-CDBG related charges.
3. How the Statutory National Objective(s) and the eligibility requirement(s) under which funding
has been received, have been met. These also include special requirements such as necessary
and appropriate detenninations, income certifications, written agreements with beneficiaries,
where applicable.
P. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an.
orderly fashion in a readily accessible, pennanent and secured location for a period of three (3) years
after expiration of this Agreement, with the following exception: if any litigation, claim or audit is
started before the expiration date of the three year period, the records will be maintaineP until all
litigation, claims or audit findings involving these records are resolved. The City shall be infonned in
writing after close-out of this Agreement, of the address where the records are to be kept.
SECTION ill:
TERM OF AGREEMENT
This Agreement shall be deemed t.tffective upon approval and release of funds by the U. S. Department of
Housing and Urban Development and being duly executed by both parties, whichever is later.
This project shall become operational as of October I, 1993, and shall continue through September 30, 1994.
Page 4 of 15
SECTION IV:
TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by written notice of the other party of such
intent to tenninate at least thirty (30) days prior to the effective date of such termination.
B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree upon
the tennination conditions. A written notification shall be required and shall include the following:
reason for the tennination, the effective date, and in the case of a partial tennination, the actual portion
to be tenninated. However, if, in the case of a partial tennination, the City determines that the
remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may
terminate such in its entirety. '
C. The City may place the Provider in default of this Agreement, and may suspend or tem1inate this
Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perfonn in accordance with this Agreement, or any federal
statute or regulation. '
b. Submitting reports to the City which are late, incorrect or incomplete in any material
respect.
c. Implementation of this Agreement, fOf any reason, is rendered impo~sible or infeasible.
d. Failure to respond in writing to any concerns raised by the City, including substantiating
documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as detennined by the City's
monitoring of the subrecipient, and applicable HUD rules and regulations.
2. The City shall notify the Provider in writing when the Provider has been placed in default. Such
notification shall include actions taken by the City) such as withholding of payments, actions to
be taken by the Provider as a condition precedent to clearing the deficiency and a reasonabl~
date for compliance, which shall be no more than fIfteen (15) daY's from notification date.
3. The City shall notify the Provider in writing when sufficient cause is found for termination of
this Agreement. The Provider shall be given no more than fifteen (15) days in which to reply
in writing, appealing the termination prior to final action being ' taken by the City.
D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds of
the U.S. Department of Housing and Urban Development, this Agreement will terminate effective as
of the time that it is determined such funds are no longer available.
B. Costs of the Provider fesulting from obligations incurred during a suspension or after tennination, are
not allowable unless the City expressly authorizes them in the notice of suspension or tennination or
subsequently. Other costs during suspension or after termination which are necessary and not
reasonably avoidable are allowable if:
Page 5 of 15
1. The costs result from obligations which were properly incurred before the effective date of
suspension or tenninaqon, are not in anticipation of it, and in the case of termination, are
noncancelable, and
2. The costs would be allowable if the award were not suspended or expired nonnally at the end
of the Agreement in which the tennination takes effect.
F. Upon termination of the Agreement, the Provider and the City shall meet to discuss the City's
determination if any amounts are to be repaid to the City or if additional amounts are due the Provider.
SECTION V:
AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been
reduced to writing and duly signed by both parties. Any changes which do not substantially change the scope
of the project and/or the Project Implementation Schedule or increase the total amount payable under this
Agreement, shall be valid only when reduced to writing and signed by the City Administration and the
Provider.
The City shall not reiInburse the Provider for outlays in excess of the funded amount of the Agreement unless
and until the City officially, in writing, approves such expenditure by executing a written modification to the
original Agreement.
SECTION VI:
METHOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures
incurred shall not exceed TIllRTEEN TIIOUSAND SIX HUNDRED .FIFl'Y-SIX DOLLARS ($13,656) for
the removal of the existing mobile and purchases and install thirteen modular housing uinits located at 1101-
1213 Holt Avenue. Such funds must be expended during the tenn of the Agreement, and any remaining
balance of funds shall revert to the City. Such compensation shall be paid in accordance with the projected
accomplishments and budget descriptions attached hereto and made a part hereof as Appendix 1.
A. The Provider shall submit monthly requests for payment for actual expenditures, including applicable
back-up documentation, no later than the tenth (lOth) day of the succeeding month and the City will
provide reimbursement, upon approval, within ten (10) working days after receipt of the same, if
submitted by the deadline data for inclusion on the drawdown request.
B. The City agrees to pay the Provider for expenditures incurred under this Agreement on a monthly basis
in accordance with the Budget and Project Implementation Schedule attached hereto and made a part
hereof as Appendix 1. Line item transfers are allowable only within each component and may not
exceed in the aggregate fifteen percent (l5 %) of each line item without prior written approval of the
City. All changes amounting to more than fIfteen percent (15 %) require prior written approval.
SECTION Vll:
CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any functions or
responsibilities in connection with Community Development funded activities, has any personal fmancial
interests, direct or indirect, in this Agreement. The Provider covenants that in the perfonnance of this
Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will
comply with all provisions of 24 CFR 570.611 II Conflict of Interest II , and the State Statutes governing conflicts
of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent
Page 6 of 15
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impropriety that is covered by the Above provisions. This disclosure shaH occur immediately upon knowledge
of such possible conflict. The City w,ill then render an opinion which shall be binding on both panies.
SECTION VllI:
INDEMNIFICA TION
The Provider shall indemnify and hold hannless the City from any and all claims, liability, losses and causes
of action which may arise out of the Agreement. The Provider, through its insurance carrier, shall pay all
claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of
the City, when applicable, and shall pay all costs and judgements which may issue thereon.
Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved
in any way in the perfonnance of the Agreement.
The Provider shall submit to the City an ORIGINAL Certificate of Insurance.
All insurance coverage shall be approved by the City's Risk management Office prior to the release of any
funds under this Agreement.
Further, in the event evidence of such insurance is not forwarded to the Risk Management Office within thirty
(30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall
have no obligation under the tenns thereof unless a written extension of this thirty (30) day requirement is
secured from the Insurance Manager.
SECTION IX:
REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests heavily on the ability to produce an impact
in low/moderat.e income areas, through progress in accomplishing scheduled activities. An effective method
for maintaining project progress against a previously established schedule is through project evaluation and
reporting, which will consist of both written reports and staff discussions on a regular basis. The Provider also
assures prompt and efficient submission of the following:
A. Monthly Reports are due no later than the tenth (10th) day of the succeeding month and shall include
the request for payment when applicable. Contents of the Monthly Report, attached hereto and made
a part hereof as Appendix 3, shall include but not necessarily be limited to the following:
1. The Narrative Report Form
2. The Financial Summary Form) which shall include the request for payment and documentation,
as applicable.
3. 'TIle Client Profile Fonn
B. Semi-Annual Prof:rt~s Evaluation. No later than April 10, the Provider shall submit evaluation of the
effectiveness of the program during the fITst six months of the year. The purpose of this report is to
penn it the City to implement a subrecipient ranking system for requests for funding for the subsequent
program year. This report shall be provided on fonns to be developed by the City. This requirement
may be waived if the Provider elects not to request funding in the subsequent program year.
C. Final Evaluation. Within twenty (20) days of contract completion, a fmal report documenting how the'
Statutory National Objective and the eligibility requirements were met, must be submitted by the
Provider to the City's Community Development Division for review and approval. The contents of
same shall include a cumulative total of the data submitted during the program's operation. Further,
Page 7 of 15
such report shall include statistical findings which depict progrdm efficiency; i.e., the number of dollars
spent, including non-CDBG fu.nding sources, to render actual service to program recipients, and an
overall evaluation of the program's effectiveness, and quantitative results. The final report will be
evaluated and the Provider will be notified if additional data is necessary or that the project/activity is
considered II closed-out II .
Other Reporting Requirernents may be required by the City in the event of program changes, need for
additional infonnation or documentation and/or legislation amendments. The Provider shall be infonned, in
writing, if any changes become necessary.
Reports and/or requested documentation not received by the due date, shall be considered delinquent, and may
be considered by the City as sufficient cause to suspend CDBG payments to the Provider.
SECTION X:
AUDIT AND INSPECTIONS
At any time during nonnal business hours and as often as City and/or Federal Government representatives may
deem necessary, there shall be made available to representatives of the City and/or the Federal Government
an opportunity to review, inspect or audit all records, documentation, and any other data relating to all matters
covered by the Agreement.
An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal year.
The audit shall be perfonned in accordance with OMB Circular A-lID Attachment F, O:MB Circular A-133
or OMB Circular A-l28, as applicable. If this Agreement is closed-out prior to the receipt of an audit report,
the City reserves the right to recover any disallowed costs identified in an audit after such close-out.
SECTION XI: COl\fi>LIANCE WITH LOCAL. STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may apply to program
administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable.
SECTION Xll:
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be
used for compensation originated from grants of federal Community Development Block Grant funds, and must
be implemented in full compliance with all of RUD's rules and regulations.
It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant
funds, that the fmancial sources necessary to continue to pay the Provider compensation will not be available
and that this Agreement will thereby terminate effective as of the time that it is detennined that said funds are
no longer available.
In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City
or any individual member of the City Commission thereof personally for the perfonnance of this Agreement
and all of the parties hereto shall be released from further liability each to the other under the tenus of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized officials on the day and date first above indicated.
Page 8 of 15
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RELIGIOUS COM:M:UNITY SERVICES
By
President
Date
ATIEST:
Secretary
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Date
Countersigned:
CITY OF CLEARWATER, FLORIDA
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Rita Garvey
Mayor-Commissioner
By
Michael Wright
City Manager
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Date
ATTEST:
Cynthia Goudeau
City Clerk
Approved as to. fonn & correctness:
Date
Miles A. Lance
Assistant City Attorney
Contract between City of Clearwater and RELIGIOUS COMMUNITY SERVICES
Page 9 of 15
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EQUAL EMPLOYl\1ENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11235
The applicant hereby agrees that it will incorporate or cause to be incoIporated into any contract for
construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or
borrowed on the credit of the Federal Government pursuant to the grant, contract, loan insurance, or guarantee,
or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee,
the following Equal Opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The contractor will take affmnative action to ensure that
applicants are employed, and that employees are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment. advertising; layoff or
tennination; rates of payor other fonus of compensation; and selection of training, including
apprenticeship. The contractor agrees to post in a conspicuous place, available to employees and
applicants for employment, notices to be provided setting forth the provision 'of this nondiscrimination
clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex or national origin..
. .
. (3) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representative of the contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and
of the roles, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
pennit access to his books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or.
suspended in whole or in part and the contractor may be declared ineligible for further government
contracts or federally assisted construction contracts in accordance with procedures authori'led in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Page 10 of 15
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Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1)) and the
provisions of paragraphs (I) through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor,
or vendor. The contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including sanctions fOf:
non-compliance provided, however, that in the event a contractor becomes involved in or is threatened!
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,l
the contractor may request the United States to enter into such litigation to protect the interest of the:
United States. i
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The applicant further agrees that it will be bound by the above Equal Opportunity clause with respect to its own
employment practices when it participates in federally assisted construction work: provided that, if the applicant
so participating is a State or local government, the above Equal Opportunity clause is not applicable to any
agency, instrumentality or subdivision of such govemlnent which does not participate in work on or under the
contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary
of Labor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity clause and
the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance.
. ;' The applicant further agrees that it will refrain from entering into any contract or contract modification ,subject
, . to EXecutive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligi'.Jility for, government contracts and federnlly assisted construction contracts pursuant to the
Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause
as may be imposed upon contractors and subcontractors by the administering agency of the Secretary of Labor
pursuant to Par II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses
to comply with these undertakings, the administering agency may take any or all of the following a:ctions:
cancel, tenninate, suspend in whole or in part this grant (contract, loan, insurance guarantee); refrain from
extending any further assistance to the applicant under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the
case to the Department of Justice for appropriate legal proceedings. '
Page 11 of 15
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E.
SECTION 3 CLAUSE
The work to be perfonned under this contract is on a project assisted under a program providing direct
Federal financial assistance from the Department of Housing and Urban Development and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
D.S.C. 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and "
employment be given to lower income residents of the project area, and contracts for work in :
connection with the project be awarded to business concerns which are located in, or owned in ;
substantial part by persons residing in the area of the project.
The parties to this contract will comply with the provision of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135.20, and
all applicable rules and orders of the Department issued thereunder prior to the execution of this
contract. The parties to this contract certify and agree that they are under no contractual or other
disability which would prevent them from complying with these requirements.
The contractor will send to each labor organization or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, if any, a notice advising the said
labor organization of workers' representative of his commitments under this Section 3 Clause and shall
post copies of the notice in conspicuous places available to employees and applicants for employment
or training.
The contractor will include this Section 3 Clause in every subcontract for work in connection with the
project and will, at the direction of the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a fIDding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, 24 CPR 135.20. The'
contractor will not subcontract with any subcontractor where it has notice or knowledge that th.e latter
has been found in violation of regulations under 24 CFR 135.20, and will not let any subcontract unless
the subcontractor has first provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
Compliance with the provisions of Section 3, the regulations set forth in 24 CPR 135.20, and all .
applicable rules and orders of the Department issued thereunder prior to the execution of the contract,
shall be a condition of the federal fmancial assistance provided to the project, binding upon the applicant
or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall ,
~ubject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those
sanctions specified by the grant or loan agreement or contract throught which Federal assistance is
provided, and to such sanctions as are specified by 24 CPR 135.20.
Page 12 of 15
ACKNOWLEDGEMENT OF ECONOMIC DEVELOPMENT ACTIVITIES
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If the Provider will be using CDBG funds for an Economic Development Activity, the following federal:
requirements must be acknowledged:
LOWIMODERATE INCOME JOBS
Criteria
A low/moderate jobs activity is one which creates or retains penn anent jobs, at least 51 % of which are taken
by low/moderate income persons or considered to be available to low/moderate income persons.
In counting iobs created or iobs retained, the following policies apply:
o Part-time jobs must be converted to full-time equivalents.
o Only pennanent jobs count.
o Temporary jobs may not be included.
o Regardless of the sources of funding, all penn anent jobs created by the activity must be counted.
o Trickle-down jobs Gobs indirectly created by the assisted activity may not be counted).
For jobs retained, the following additional criteria apply:
o
, There is clear and objective evidence that penn anent jobs will be lost without CDBG ass~s~nce.'
Such evidence includes: a notice by the business to affected employees, a public announcement
by the business, or relevant financial records.
o ' Retained jobs are considered to involve the employment of low/moderate income persons if 51 %
of such jobs are known to be held by low/moderate income persons when CDBG assistance is
provided.
Jobs are considered to be available to low/moderate income persons when both the following conditions are
fulfilled:
o Special skills that can only be acquired with one or more years of training or work experience,-
or education beyond high school, are not a pre-requisite to fill such jobs, or else the business
nevertheless agrees to hire unqualified persons and train them; and
o The Provider ensures that the assisted business adheres to the principles of "frrst consideration'~
by: using a hiring practice that in all likelihood will result in over 51 % of those hired being
low / moderate income persons; seriously considering a sufficient number of low /moderate income
job applicants to meet this intent; detennining that the distance from the job applicant's residence
Page 13 of 15
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is close to the job site or that transportation is available to the job site.
RECORDS TO BE l\t1AINTAINED
Where the low/moderate income benefit is based on lob creation, the Provider's files must include the
documentation described in either (A) or (B) below:
(A) For activities where at least 51 % of the jobs will be available to low/moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that it will make at least 51 % of the jobs available to
low/moderate income persons and will provide training for any of those jobs requiring special
skills or education; and,
o A listing by job title of the permanent jobs to be created, indicating which jobs will be available
to low/moderate income persons, which jobs require special skills or education, and which jobs
are part-time; and,
o A description of actions to be taken by the Provider and business to ensure that low/moderate.
income persons receive "fust consideration" for these jobs; and,
o A listing, by job title, of permanent jobs filled, and which jobs were available to low/moderate
income persons, as well as a description of how "first consideration" was given to such persons
for those jobs. The description must include what type of hiring process was used; which
low/moderate income persons were interviewed fOl: a particular job and which interviewee~ were
hired.
(B) For activities where at least 51 % of the jobs will be taken by low/moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that at least 51 % of the jobs, on a full-time equivalent basis, will
be taken by low/moderate income persons and a listing by job title of the penn anent jobs
created; and,
o A listing, by job title, of the penn anent jobs filled and which jobs were initially held by
low/moderate income persons; and,
o Infonnation on the size and annual income of the persons' immediate family prior to the
low/moderate income person being hired for the job.
Where low/moderate income benefit is based on job retention, the fues must include the following
documentation:
Page 14 of 15
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Evidence that jobs would be lost without CDBG assistance.
A listing, by job title, of penn anent jobs retained, indicating which of those jobs are part-time
and (if known) which are held by low/moderate income persons at the time the assistance is
provided.
Identification of any retained jobs not already held by low/moderate income persons which are
projected to become available to low/moderate income persons through job turnover within two
years of the time COBG assistance is provided. (Job turnover projections should also be
included in the record.)
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Information 011 the size and annual income of the low/moderate income persons' immediate
family for each retained job claimed to be held by a low/moderate income person. Acceptable
documentation on job applicant/ employee family income includes anyone of the following:
, Notice that job applicant/employee is a referral from state, county, or local employment agency
or other entity that agrees to refer individuals detennined to be low/moderate income according
to HUD criteria. (These entities must maintain documentation for city or federal inspection.)
Written certification, signed by the job applicant/employee, of family income and size to
establish low/moderate income status by showing: the actual income of the family, or a statement
that the family income is below COBG low/modemte income requirements. (These certifications
must include a statement that they are subject to verification by the local or federal government.)
Evidence that job applicant/employee qualifies for assistance under another program with income
qualification criteria at least as restrictive as those used by the CDBG program, such as referrals
from the Job Training Partnership Act (JTPA) Program, except for referrals under the JTPA
Title ill Program for dislocated workers. "
~
ADDITIONAL CONSIDERATIONS
The Provider must prepare a "necessary or appropriate" determination whenever CnBG assistance is provided
, for a private~ for-profit entity carrying out economic development ,-
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AGREEl\1ENT
THIS AGREEMENT is entered into this 1 st day of October. 1993, by and between the City of
Clearwater, a Florida municipal corporation, having its principal office at 11:2 South Osceola A venue,
Clearwater, Florida, hereinafter referred to as the "City", and PINELLAS COUNTY HEAD START.
hereinafter referred to as the "Provider".
\VITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and Urban
Development for the purpose of conducting a Housing and Community Development Program (HUD) with
federal financial assistance under Title I of the Housing and Community Development Act of 1974, as
amended, hereinafter called" Act"; and the Cranston-Gonzalez National Affordable Housing Act of 1990; and
WHEREAS, the City has determined through its Year Nineteen Final Statement of Objectives and
Projected Use of Funds, which was adopted by City of Clearwater July 15, 1993, the necessity for purchase
modular classroom for 701 N. Missouri Avenue, Clearwater; and
WHEREAS, the City desires to engage the Provider to render certain services in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I:
SCOPE OF SERVICES
A. The Provider agrees to implement the educational services to children in the North Greenwood area,
in accordance with the projected accomplishments attached and made a fully binding part of this
Agreement, as Appendix 1, as follows:
Purchase and installation of a modular classroom to be located at the Clearwater Center (701 N.
Missouri Avenue) to serve 20 children with education, health and dental, mental health, social service::;,
transportation, parent involvement, nutrition and special needs.
If awarded contract, applicant will immediately initiate rezoning of subject property.
SECTION ll:
CONDITION OF SERVJCE
The Provider hereby agrees to the following:
A. The Program shall serve residents of an area identified as an area within which over 51 % of the
residents were of low or moderate income.
B. The Provider shall maintain a citizen participation mechanism, which will include, but not be limited
to the following:
1 Logging citizen comments or complaints when received.
Page 1 of 16
,"::. '.. ""'."".
2. Copies of comments and/or complaints received in writing.
3. Copies of responses to complaints and/or explanations of resolutions to complaints.
C. The Provider shall comply with the following attachments to the Office of Management and Budget
(O:rvm) Circular No. A-IIO, "Unifonn Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations", incorporated by
reference into this Agreement.
1. Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit insurance.
2. Attachment E, "Bonding and Insurance".
3. Attachment C, "Retention and Custodial Requirements for Records", except that in lieu of the
provisions in paragraph 4, the retention period for records pertaining to individual CDBG
activities starts from the date of expiration of this Agreement, as prescribed in 570.507, in which
the specific activity is reported on for the final time.
4. Attachment F, "Standards for Financial Management Systems".
,5. Attachment H, "Monitoring and Reporting Program Perfonnance", paragraph 2.
6. Attachment N, "Monitoring Management Standards", except for paragraph 3 concerning the
standards for real property and except that paragraphs 6 and 7 are modified so that in all cases
in which personal property is sold, the proceeds shall be "program income" and that personal
property not needed by the sub-recipient for CDBG activities shall be transferred to the recipient
for the CDBG program or shall be retained after compensating the recipient.
7. Attachment 0, "Procurement Standards".
D. Costs incurred under this program shall be in compliance with Federal Management Circular No. A-
122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this Agreement.
E. The Provider shall abide by those provisions of 24 CFR Part 570 subpart J, when applicable,
incorporated by reference into this Agreement.
F. No expenditures or obligations shall be incurred for the program prior to approval and release of funds
from the U.S. Department of Housing and Urban Development. Further, it is expressly understood that
in the event no funds are released from the U.S. Department of Housing and Urban Development in
connection with this Program, then the City is not liable for any claims under this contract.
G. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the
benefits of the program on the ground of race, color, national origin or sex.
Page 2 of 16
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H.
The Provider agrees that to the .extent that it staffs the Program with personnel not presently employed
by said party, it will take affinnative action in attempting to employ low income persons residing in the
City of Clearwater, particularly minority group members.
I. The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Progrclm Income", gross
income directly generated from the use of CDBG funds. In those instances where the City allows the
sub-recipient to retain program income, these funds shall be expended for CDBG eligible activities,
previously approved by the City in accordance with the projected accomplishments and budget
descriptions attached to this Agreement.
J. The Provider shall adhere to the applicable requirements contained in the "Acknowledgement of
Economic Development Activities", attached hereto and made a part hereof as Appendix 2, if
applicable.
K. the Provider shall comply with First Amendment Church/State principles, as follows:
1. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the basis
of religion.
2. It will not discriminate against any person applying for public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or services,
engage in no religious proselytizing, and exert no other religious influence in the provision of
such public services.
4. The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or religious symbols or decorations.
5. The funds received under this Agreement shall not be used to construct, rehabilitate, or restore
any religious facility which is owned by the Provider and in which the public services are to be
provided. However, minor repairs may made if such repairs are directly related to the public
services; are located in a structure used exclusively for non-religious purposes; and constitute,
in dollar terms, only a minor portion of the CDBG expenditure for the public services.
L. The Provider shall transfer to the City upon expiration of this Agreement, any CDBG funds on hand
at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The
following restrictions and limitations apply to any real property under the Provider's control which was
acquired or improved in whole or in part with CDBG funds in excess of $25,000:
1. Any real property under the Provider's control must be used to meet one of the National
Objectives in the CDBG Regulations, Part 570.208 until five years or such longer period of time
as determined appropriate by the City after expiration of the Agreement.
Page 3 of 16
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2.
If the real property is sold within the period of time specified above, the property must be
disposed of in a manner which results in the City being reimbursed in the amount of the current
fair market value of the property, less any portion thereof attributable to expenditures on non-
CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is
required .
M. The Provider agrees that when sponsoring a project financed in whole or in part under this Agreement,
all notices, infonnational pamphlets, press releases, advertisements, descriptions of the sponsorship of
the project, research reports, and similar public notices prepared and released by the Provider shall
include the statement:
FUNDED BY THE CITY OF CLEARWATER
COMl\1UNITY DEVELOPMENT BLOCK GRANT PROGRAM"
,~
In written materials, the words "CITY OF CLEARWATER CO:MMUNITY DEVELOPMENT
BLOCK GRANT FUNDS ADMINISTERED BY THE DEPARTMENT OF' PLANNING AND
URBAN DEVELOPMENT" shall appear in the same size letters or type as the name of the Provider.
N.
The Provider shall ensure the following when entering into a sub-contract agreement:
1. The full correct legal name of the party shall be identified.
2. The "Scope of Services" shall describe the activities to be perfonned.
O. The Provider shall maintain sufficient records in accordance with 24 CPR 570.502 and 570.506 to
determine compliance with the requirements of this Agreement, the Community Development Block
Grant Program and all applicable laws and regulations. .
This documentation shall include, but not be limited to, the following:
1. Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and expenditures
of funds provided directly or indirectly by this Agreement, including matching funds and
program income.
2. Time sheets for split-funded employees who work on more than one activity, in order to record
the CDBG activity delivery cost by project and the non-CDBG related charges.
3. How the Statutory National Objective(s) and the eligibility requirement(s) under which funding
has been received, have been met. These also include special requirements such as necessary
and appropriate determinations, income certifications, written agreements with beneficiaries,
where applicable.
Page 4 of 16
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P. The Provider is responsible for- maintaining and storing all records pertinent to this Agreement in an
orderly fashion in a readily accessible, penn anent and secured location for a period of three (3) years
after expiration of this Agreement, with the following exception: if any litigation. claim or audit is
started before the expiration date of the three year period, the records will be maintained until all
litigation, claims or audit findings involving these records are resolved. The City shall be informed in
writing after close-out of this Agreement, of the address where the records are to be kept.
SECTION ill:
TERM OF AGREEMENT
, I
This Agreement shall be deemed effective upon approval and release of funds by the U.S. Department of
Housing and Urban Development and being duly executed by both parties, whichever is later.
This project shall become operational as of October 1, 1993, and shall continue through September 30, 1994.
SECTION IV:
TERMlNATION
The City and the Provider agree:
:;:!~:" A. This Agreement may be terminated by either party hereto by written notice of the other party of such
.~~~:~i.~~'.;jJ;,;ii;y.intent ~o ,te~inate 'at least thirty (30) days prior to the effective date of such termination. '
-:g;j~~1i~t;~~:'"-~:,;;:..::,::,,, :.;-, ~:',;" .
~.~::#i~;Br:'\l7:;;;'::ThisAgreement may be terminated in whole or in part, for convenience, when both parties agree upon
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.'.~!;;,:.";f::.:",;:.:::~ the termInation condItions. A written notification shall be required and shalllnc1ude the following:
:",:-.~:,." '"""~"reason for the termination, the effective date, and in the case of a partial termination, the actual portion
..... tO,be tenninated. However, if, in the case of a partial termination, the City determines that the
remaining portion of the Agreement will not accomplish the pUlposes of such Agreement, the City may
terminate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or terminate this
Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perfonn in accordance with this Agreement, or any federal
statute or regulation.
.b. Submitting reports to the City which are late, incorrect or incomplete in any material
respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible.
d. Failure to respond in writing to any concerns raised by the City, including substantiating
documents when required/requested by the City.
Page 5 of 16
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Any evidence of fraud, mismanagement, and/or waste, as detennined by the City's
monitoring of the subrecipient, and applicable HUD rules and regulations.
2. The City shall notify the Provider in writing when the Provider has been placed in default. Such
notification shall include actions taken by the City, such as withholding of payments, actions to
be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable
date for compliance, which shall be no more than fifteen (15) days from notification date.
3. The City shall notify the Provider in writing when sufficient cause is found for tennination of
this Agreement. The Provider shall be given no more than fifteen (15) days in which to reply
in writing, appealing the tennination prior to final action being taken by the City.
D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds of
the U.S. Department of Housing and Urban Development, this Agreement will terminate effective as
of the time that it is detennined such funds are no longer available.
E. Costs of the Provider resulting from obligations incurred during a sllspension or after tennination, are
not allowable unless the City expressly authorizes them in the notice of suspension or termination or
subsequently. Other costs during suspension or after termination which are necessary and not
reasonably avoidable are allowable if:
1.
The costs result from obligations which were properly incurred before the effective date of
suspension or tennination, are not in anticipation of it, and in the case of termination, are
noncancelable, and
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The costs would be allowable if the award were not suspended or expired nonnally at the end
of the Agreement in which the tennination takes effect. '
, F. Upon tennination of the Agreement, the Provider and the City shall meet to discuss the City's
determination if any amounts are to be repaid to the City or if additional amounts are due the Provider.
SECTION V:
AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been
reduced to writing and duly signed by both parties. Any changes which do not substantially change the scope
of the project and/or the Project Implementation Schedule or increase the total amount payable under this
Agreement, shall be valid only when reduced to writing and signed by the City Administration and the
Provider.
The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement unless
and until the City officially, in writing, approves such expenditure by executing a written modification to the
original Agreement.
Page 6 of 16
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SECTION VI~
. METHOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures
incurred shall not exceed EIGHT THOUSAND DOLLARS ($8,000). Such funds must be expended during
the term of the Agreement, and any remaining balance of funds shall revert to the City. Such compensation
shall be paid in accordance with the projected accomplishments and budget descriptions attached hereto and
, made a part hereof as Appendix 1.
A. The Provider shall submit monthly requests for payment for actual expenditures, including applicable
back-up documentation, no later than the tenth (10th) day of the succeeding month and the City will
provide reimbursement, upon approval, within ten (10) working days after receipt of the same, if
submitted by the deadline data for inclusion on the drawdown request.
B. The City agrees to pay the Provider for expenditures incurred under this Agreement on a monthly basis
in accordance with the Budget and Project Implementation Schedule attached hereto and made a part
hereof as Appendix 1. Line item transfers are allowable only within each component and may not
exceed in the aggregate fifteen percent (15 %) of each line item without prior written approval of the
City. All changes amounting to more than fifteen percent (15 %) require prior written approval.
SECTION Vll:
CONFLICT OF INTEREST
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::~:~~:~Th.e",;,J)rovider covenants that no person, under its employ who presently exercises any functions or
)~~~)~sp()nsibilities': in, connection with. Community Development funded activities, has any personal fmancial
::',~~:'~;,mteres'ts,::. direct or indiiect, in this Agreement. The Provider covenants that in the perfonnance of this
:~}1~:~~~'~nt~'no p~rson havirig such conflicting interest shall be employed. The Provider covenants that it will
~1~f1:;'~9..I,!1pJy.,\Vith.al1,provisions.of24 CPR 570.611 II Conflict of Interest II , and the State Statutes governing c~nflicts
'...~;,~;: of mterest.. ,The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent
. impropriety that is covered by the Above provisions. This disclosure shall occur immediately upon knowledge
of such possible conflict. The City will then render an opinion which shall be binding on both parties.
SECTION VllI:
INDEMNIFICATION
The Provider shall indemnify and hold harmless the City from any and all claims, liability, losses and causes
of action which may arise out of the Agreement. The Provider, through its insurance carrier, shall pay all
claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of
the City, when applicable, and shall pay all costs and judgements which may.issue thereon.
Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved
in any way in the perfonnance of the Agreement.
The Provider shall submit to the City an ORIGINAL Certificate of Insurance.
All insurance coverage shall be approved by the City's Risk management Office prior to. the release of any
funds under this Agreement.
Page 7 of 16
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Further, in the event evidence of such insurance is not forwarded to the Risk Management Office within thirty
(30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall
have no obligation under the tenns thereof unless a written extension of this thirty (30) day requirement is
secured from the Insurance Manager.
SECTION IX:
REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests heavily on the ability to produce an impact
in low/moderate income areas, through progress in accomplishing scheduled activities. An effective method
for maintaining project progress against a previously established schedule is through project evaluation and
reporting, which will consist of both written reports and staff discussions on a regular basis. The Provider also
assures prompt and efficient submission of the following:
A. Monthly Reports are due no later than the tenth (10th) day of the succeeding month and shall include
the request for payment when applicable. Contents of the Monthly Report, attached hereto and made
a part hereof as Appendix 3, shall include but not necessarily be limited to the following:
1. The Narrative Report Fonn
2. The Financial Summary Form, which shall include the request for payment and documentation,
as applicable.
3. The Client ProfIle Form
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B.
Semi-Annual Pro~ress Evaluation. No later than April 10, the Provider shall submit evaluation of the
effectiveness of the program during the fITst six months of the year. The purpose of this report is to
permit the City to implement a subrecipient ranking system for requests for funding for the subsequent
Pl'~gram year. This report shall be provided on forms to be developed by the City. This requ~ement
may be waived if the Provider elects not to request funding in the subsequent program year.
C.
Final Evaluation. Within twenty (20) days of contract completion, a fmal report documenting how the
Statutory National Objective and the eligibility requirements were met, must be submitted by the
Provider to the City's Community Development Division for review and approval. The contents of
same shall include a cumulative total of the data submitted during the program's operation. Further,
such report shall include statistical findings which depict program efficiency; Le., the number of dollars
spent, including non-CDBG funding sources, to render actual service to program recipients, and an
overall 'evaluation of the program's effectiveness, and quantitative results. The fmal report will be
evaluated and the Provider will be notified if additional data is necessary or that the project/activity is
considered "closed-out".
Other Reporting Requirements may be required by the City in the event of program changes, need for
additional information or documentation and/or legislation amendments. The Provider shall be informed, in
writing, if any changes become necessary.
Reports and/or requested documentation not received by the due date, shall be considered delinquent, and may
be considered by the City as sufficient cause to suspend CDBG payments to the Provider.
Page 8 of 16
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SECTION X:
. AUDIT AND INSPECTIONS
At any time during nonna! business hours and as often as City and/or Federal Government representatives may
deem necessary, there shall be made available to representatives of the City and/or the Federal Government
an opportunity to review, inspect or audit all records, documentation, and any other data relating to all matters
covered by the Agreement.
An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal year.
The audit shall be performed in accordance with O:MB Circular A-II 0 Attachment F, O:MB Circular A-133
or OMB Circular A-128, as applicable. If this Agreement is closed-out prior to the receipt of an audit report,
the City reserves the right to recover any disallowed costs identified in an audit after such close-out.
SECTION XI: COl\1PLIANCE WITH LOCAL. STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may apply to program
administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable.
SECTION Xll:
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be ,
used for compensation originated from grants of federal Community Development Block Grant funds, and must
be implemented in full compliance with all of HUD's rules and regulations.
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~,{, ~;, It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant
~:,}2-~~~.fun~s;,tl}.att~e,fmancial sources necessary to continue to pay the Provider compensation will not be available
~7~l~:7;:andtliat:this'Agreement will thereby terminate effective as of the time that it is determined that said funds are
=~:~};~:~rio longef'avanable'~:,~' '
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': In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City
;- ;:~ or any individual member of the City Commission thereof personally for the performance of this Agreement
, and all of the parties hereto shall be released from further liability each to the other under the terms of this
Agreement.
IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their duly
authorized officials on the day and date fIrst above indicated.
PThffiLLASCOUNTYHEADSTART
Date
By
President
Page 9 of 16
ATTEST:
Secretary
Date
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
By
Michael Wright
City Manager
Date
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ATTEST:
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Cynthia Goudeau
City Clerk
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,',Approved as to fonn & correctn~ss:
Date
Miles A. Lance
Assistant City Attorney
Contract between City of Clearwater and PINELLAS COUNTY HEAD START
Page 10 of16
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EQUAL EMPWYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11235
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for
constroction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
, Chapter, 60, which is paid for in whole or in part with funds obtained from the Federal Government or
borrowed on the credit of the Federal Government pursuant to the grant, contract, loan insurance, or guarantee,
or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee,
the following Equal Opportunity clause:
During the perfonnance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The contractor will take affrrmative action to ensure that
applicants are employed, and that employees are treated during employment without regard to their race,
color, religion, sex., or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or'
tennination; rates of payor other fonus of compensation; and selection of training, including
apprenticeship. The contractor agrees to post in a conspicuous place, available to employees and
applicants for employment, notices to be provided setting forth the provision of this nondiscrimination
clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex or national origin.
(3). The contractor will send to each labor union or representative of workers with which he has a collective.
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representative of the contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and
of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all infonnation and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Page 11 of 16
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Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1), and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by
roles, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor. The contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including sanctions for
non-compliance provided, however, that in the event a contractor becomes involved in or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the contractor may request the United States to enter into such litigation to protect the interest of the
United States.
The applicant further agrees that it will be bound by the above Equal Opportunity clause with respect to its own
employment practices when it participates in federally assisted construction work: provided that, if the applicant
so participating is a State or local government, the above Equal Opportunity clause is not applicable to any
agency, instrumentality or subdivision of such government which does not participate in work on or under the
contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary
of Labor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity clause and
. , -' - th~ rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering
',p," agency and the Secretary of Labor such information as they may require for the supervision of such
-:~ compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary
;'<:,: responsibility for securing compliance.
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The applicant further agrees that it will refrain from entering into any contract or contract modification subject
~o Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the
Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause
as may be imposed upon contractors and subcontractors by the administering agency of the Secretary of Labor
pursuant to Par IT, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses
to comply with these undertakings, the administering agency may take any or all of the following actions:
cancel, terminate, suspend in whole or in part this grant (contract, loan, insurance guarantee); refrain from
extending any further assistance to the applicant under the program with respe<;;t to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the
case to the Department of Justice for appropriate legal proceedings.
Page 12 of 16
SECTION 3 CLAUSE
A. The work to be perfonned under this contract is on a project assisted under a program providing direct
Federal [mancial assistance from the Department of Housing and Urban Development and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area, and contracts for work in
connection with the project be awarded to business concerns which are located in, or owned in
substantial part by persons residing in the area of the project.
B. The parties to this contract will comply with the provision of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135.20, and
all applicable rules and orders of the Department issued thereunder prior to the execution of this
contract. The parties to this contract certify and agree that they are under no contractual or other
disability which would prevent them from complying with these requirements.
C. The contractor will send to each labor organization or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, if any, a notice advising the said
labor organization of workers' representative of his commitments under this Section 3 Clause and shall
post copies of the notice in conspicuous places available to employees and applicants for employment
or training.
, D. 'PIe contractor will include this Section 3 Clause in every subcontract for work in connection with the
project and will, at the direction of the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a fmding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20. The
contractor will not subcontract with any subcontractor where it has notice or know ledge that the latter
has been found in violation of regulations under 24 CPR 135.20, and will not let any subcontract unless
the subcontractor has fITst provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20, and all
applicable rules and orders of the Department issued thereunder prior to the execution of the contract,
shall be a condition of the federal financial assistance provided to the project, binding upon the applicant
or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its contractors and subcontractors, its ,successors, and assigns to those
sanctions specified by the grant or loan agreement or contract throught which Federal assistance is
provided, and to such sanctions as are specified by 24 CFR 135.20.
Page 13 of 16
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ACKNOWLEDGEMENT OF ECONOMIC DEVEWPMENT ACTIVITIES
If the Provider will be using CnBG funds for an Economic Development Activity, the following federal
requirements must be acknowledged:
WWIMODERATE INCOM:E JOBS
Criteria
A low/moderate jobs activity is one which creates or retains pennanent jobs, at least 51 % of which are taken
by low/moderate inconle persons or considered to be available to low/moderate income persons.
In counting iobs created or iobs retained, the following policies apply:
o Part-time jobs must be converted to fuII-time equivalents.
o Only pennanent jobs count.
o Temporary jobs may not be included.
o
Regardless of the sources of funding, all permanent jobs created by the activity must be counted.
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Trickle-down jobs Gobs indirectly created by the assisted activity may not be counted).
. ..;~. For jobs retained, the following additional criteria apply:
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There is clear and objective evidence that penn anent jobs will be lost without CDBG assistance.
Such evidence includes: a notice by the business to affected employees, a public announcement
by the business, or relevant fmancial records.
o Retained jobs are considered to involve the employment of low/moderate income persons if 51 %
of such jobs are known to be held by low/moderate income persons when CDBG assistance is
provided.
Jobs are considered to be available to low/moderate income persons when both the following conditions are
fulfilled:
o Special skills that can only be acquired with one or more years of training or work experience,
or education beyond high school, are not a pre-requisite to fill such jobs, or else the business
nevertheless agrees to hire unqualified persons and train them; and
o The Provider ensures that the assisted business adheres to the principles of "first consideration"
by: using a hiring practice that in all likelihood will result in over 51 % of those hired being
low/moderate income persons; seriously considering a sufficient number ofIow/moderate income
Page 14 of 16
job applicants to meet this intent; determining that the distance from the job applicant's residence
is close to the job site or that transportation is available to the job site.
RECORDSTOBENUUNT~D
Where the low/moderate income benefit is based on iob creation, the Provider's files must include the
documentation described in either (A) or (B) below:
(A) For activities where at least 51 % of the jobs will be available to low/moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that it will make at least 51 % of the jobs available to
low/moderate income persons and will provide training for any of those jobs requiring special
skills or education; and,
o A listing by job title of the permanent jobs to be created, indicating which jobs will be available
to low/moderate income persons, which jobs require special skills or education, and which jobs
are part-time; and,
.0
A description of actions to be taken by the Provider and business to ensure that low/moderate
income persons receive "first consideration" for these jobs; and,
o
A listing, by job title, of permanent jobs fIlled, and which jobs were available to low/moderate
income persons, as well as a description of how "frrst consideration" was given to such persons
for those jobs. The description must include what type of hiring process was used;. 'which
low/moderate income persons were interviewed for a particular job and which interviewees were
hired .
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(B) For activities where at least 51 % of the jobs will be taken by low/moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that at least 51 % of the jobs, on ~ full-time equivalent basis, will
be taken by low/moderate income persons and a listing by job title of the permanent jobs
. created; and,
o A listing, by job title, of the penn anent jobs filled and which jobs were initially held by
low/moderate income persons; and,
o Infonnation on the size and annual income of the persons' immediate family prior to the
low/moderate income person being hired for the job.
Page 15 of 16
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Where low/moderate income benefit is based on job retention, the files must include the following
documentation:
o Evidence that jobs would be lost without CDBG assistance.
o A listing, by job title, of penn anent jobs retained, indicating which of those jobs are part-time
and (if known) which are held by low/moderate income persons at the time the assistance is
provided.
o Identification of any retained jobs not already held by low/moderate income persons which are
projected to become available to low!moderate income persons through job turnover within two
years of the time CDBG assistance is provided. (Job turnover projections should also be
included in the record.)
o Information on the size and annual income of the low/moderate income persons' immediate
family for each retained job claimed to be held by' a low Imoderate income person. Acceptable
documentation on job applicant/ employee family income includes anyone of the following:
~ Notice that job applicant! employee is a referral from state, county, or local employment agency .
or other entity that agrees to refer individuals detennined to be low/moderate income according
to HUn criteria. (These entities must maintain documentation for city or federal inspection.)
~ Written certification, signed by the job applicant/employee, of family income and size to
establish low/moderate income status by showing: the actual income of the family, or a statement
that the family income is below CDBG low/moderate income requirements. (These certifications
must include a statement that they are subject to verification by the local or federal government)
Evidence that job applicant/employee qualifies for assistance under another program with income
qualification criteria at least as restrictive as those used by the CDBG program, such as referrals
from the Job Training Partnership Act (JTPA) Program, except for referrals under the JTPA '
Title ill Program for dislocated workers.
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ADDITIONAL CONSIDERATIONS
The Provider must prepare a "necessary or appropriate" determination whenever CnBG assistance is provided .
for a private, for-profit entity carrying out economic development .
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, CITY OF CLEARWATER
ECONOMIC DEVELOPMENT DEPARTMENT
AND
POllCE DEPARTMENT
MEMO OF UNDERSTANDING
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I. PURPOSE
In order to meet the regulations established in the Section 570.503 of the Housing and Community
Development Act of 1970, as amended, which states that "Before disbursing any CDBG funds to a
recipient, the recipient shall sign a written agreement with the subrecipient" and to create the optimum
atmosphere of cooperation and efficiency in executing the Community Development Block Grant
Program, the following memorandum of understanding is adopted.
ll.
ORGANIZATIONAL STRUCTURE
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The Community Development Division of Planning and Development Department of the City of
Clearwater will administer the Community Development Block Grant. The Community Development
'Office will be responsible for disbursing the Community Development Block Grant funds to approved
, - subrecipients. The Community Development Office is also responsible for preparing the agreement and
monitoring the subrecipient for compliance with Section 570 of the Housing and Community
Development Act of 1970.
The City of Clearwater Police Department will be responsible for operating the Law Enforcement
Apprentice Program in the North Greenwood police substation. The Police Department will also be
responsible for making sure that the project is in confonnance with all applicable federal regulations.
m. STATEMENT OF WORK
The City of Clearwater Police Department will use Community Development Block Grants funds of up
to $10,400 to provide funds for the Law Enforcement Apprentice Program (LEAP) located at
Greenwood Avenue, Clearwater, Florida. The LEAP provides community policing and law
enforcement training for young adults in the North Greenwood Community whose residents are mostly
of low and moderate income.
The subrecipient will purchase and disburse funds for labor for the services identified in Appendix A.
-IV. TERM OF AGREElVIENT
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Page 1 of 7
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The tenn of this agreement sha]].commence on October 1, 1992 and tenninate on September 30, 1993
unless earlier canceled as provided herein. The agreement may be extended for up to one additional
year upon the request of the subrecipient and the written authorization of the City Community
Development Manager. The need and merit shall be the detem1ination of the Manager. The
Community Development Office may issue written or oral instnlctions to clarify any other details or
provisions of this Agreement. Such instruction must be within the intent of the project and not be of
such nature to affect cost or period of perfonnance.
V. RECORDS AND REPORTS
The subrecipient shall keep all records that relate to the employment of apprentices. They shall include
but not be limited to the following:
1. Records on the procurement system used to purchase the equipment (documented telephone
quotes, newspaper quotes, solicited bids, etc.)
2. Copies of paid invoices for the purchase of the equipment.
3. Copies of ch,ecks paid to the supplier or contractor.
4. Work contracts.
5. Property disposition records.
6. Monthly Activity Reports.
7. Reports on Program Income.
'VI PROGRAM INCOME
All program income generated by the City of Clearwater Police Department from Community
Development Block Grant proceeds shall be returned to the City of Clearwater Economic Devel~pment
Department.
VII. UNIFORM ADMINISTRATIVE REQUIREMENTS
The subrecipient shall abide by the applicable Unifonn Administrative Requirements identified in
Section 570.502 of the Housing and Community Development Act of 1974, as amended.
vm OTHER PROGRAM REQUIREMENTS
The subrecipient shall carry out each activity in compliance with all Federal laws and regulations
described in Subpart K of Section 570 of the Housing and Community Development Act.of 1970, as
amended.
The recipient shall initiate the review process under the provisions of 24 CFR Part 52.
IX SUSPENSION AND TERMINATION
The recipient may' suspend, withhold, or tenninate payment of this project, in whole or in part> for
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cause of convenience. Cause shall include the following:
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a. Use of funds that does not follow project guidelines.
b. Failure to comply with any temlS or conditions hereunder.
c. Refusal to accept conditions imposed by HUD.
d. Refusal to accept conditions imposed by the City. 'I
e. Submittal of reports which are incorrect or incomplete in any material respect. ,1
f. If carrying out this Agreement is rendered impossible or infeasible for any reason including':
changes in law or the unavailability of HUD funds necessary for continuation.
g. Convenience shall be according to the regulations in 24 CFR 85.43 and 84.44.
If the recipient suspends payment, it shall advise the subrecipient and specify in writing the actions that
must be taken as a condition precedent to the resumption of payment and specify a reasonable date for'
compliance.
X. REVERSION OF ASSETS
Upon the expiration of this agreement, the subrecipient shall transfer to the recipient any CDBG funds:
on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. , '
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Agency: Police Department LEAP
Year: Fiscal year 1993 - 1994
APPENDIX A
PROJECT AWARD
.1. 'LawEnforcement Apprentice Project
Public Service funding of up to $11,389 will be provided for the following:
BUDGET
CnBG
Police
Dept.
Total
Salaries for apprentices
'working a total of 2080
'hours per year
11,389
3,340
$13,729
Social security contribution
for above mentioned employees
o
1.050
$ 1.050
TOTAL
11,389
4) 379
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APPENDIX B
METHOD OF PAYMENT
All payments shall be on a reimbursement basis only.
All requests for reimbursement for salaries shall be supported by a copy of the checks paid to employees and
other documentation as requested. Payroll and other support documentation must be kept by the agency in an
appropriate rUe.
All requests for reimbursement for purchases shall be supported by a copy of the invoices and a copy of the :
check paid to the supplier. Other support documentation shall be kept by agency in an appropriate fIle.
All requests for reimbursement shall be certified by the agency's designee that they are accurate and within the ".
guidelines of the agreement.
All requests for reimbursement shall be forwarded to the City of Clearwater Economic Development .
Department, P.O. Box 4748, Clearwater, Florida 34618.
Any program income shall be submitted to the CITY through the DEPARTMENT at least quarterly:
collected, if any, shall be reported but are not to he construed as program income.
Requests for reimbursement shall not be reduced by any program income received.
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APPENDIX C
Confmnation of Prior Receipt
Other Program Requirements
Community Development Block Grant Program
I certify that I have received the following Federal Statutes and circulars which govern expenditure of Federal
funds under the Community Development Block Grant Program. I certify that activities taken under this grant
will be consistent with the Federal regulations enumerated below. If necessary, I will request additional copies'
from the Clearwater Planning and Development Department.
Materials received under this certification are:
Section 570.600 - 570.702, 24CFR;
Section 3, Housing and Urban Development Act of 1968, as set forth in 24CFR;
Executive Order 11246 (Equal Opportunity Clause and Standard Federal Equal Employment
Opportunity Contract Specifications);
O:MB Circular A-II 0;
O:MB Circular A-122;
24CFR85, Administrative Requirements for Grants and Cooperative Agreements to State, Local
, and Federally Recognized Indian Tribal Governments;
Section 85.40 - 85.50, 24CFR;
'O:MB Circular A-87
Section 44, 24CFR
for the Sub recipient
Date
Witness
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I agree with the provisions set forth in this City of CleaIWater Planning and Development Department/Police
Department Memorandum of Understanding and will make every effort to assure pr~ject success.
, Agreed:
James M. Polatty, Jr.
Director
Economic Development Dept.
Sid Klein,
Chief of Police '
Date
Date
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AGREE1\1ENT
TIllS AGREEIv1ENT is entered into this 1 st day of October, 1993, by and between the City of
Clearwater, a Florida municipal corporation, having its principal office at 112 South Osceola Avenue,
Clearwater, Florida, hereinafter referred to as the "City", and SGT ALLEN MOORE COMMUNITY
PARTNERSIDP, hereinafter referred to as the "Provider".
WITNESSETII:
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WHEREAS, the City has entered into an agreement with the U.S. Department of ;Housing and Urban
Development for the purpose of conducting a Housing and Community Development Progranl (HUD) with
federal flllancial assistance under Title I of the Housing and Community Development Act of 1974, as
amended, hereinafter called "Act"; and the Cranston-Gonzalez National Affordable Housing Act of 1990; and
WHEREAS, the City has determined through its Year Nineteen Final Statement of Objectives and
Projected Use of Funds, which was adopted by City of Clearwater July 15, 1993, the necessity for operational
assistance to agency for counseling and other related services to aI~ohol- and drug-addicted people; and
WHEREAS, the City desires to engage the Provider to render certain services in connection therewith:
NOW, TIIEREFORE, the parties hereto agree as follows:
SECTION I:
SCOPE OF SERVICES
A. The Provider agrees to implement social service program for alcohol- and drug-addicted people in the
North Greenwood neighborhood, in accordance with the projected accomplishments attached and made
a fully binding part of this Agreement, as Appendix I, as follows:
Operation of the alcohol and drug counseling center located at 1201 Betty Lane, Clearwater, Florida.
Operational assistance to include funding for utilities, telephone, pest control and office supplies.
Activities to be provided by agency to include counseling, assessment and referrals and training.
Additional funds to be provided to be used to acquire a building for the safe house at 1201 Betty Lane,
Clearwater for alcohol and drug addictive residents of the City of Clearwater. The residents will be
primarily from the North Greenwood Neighborhood.
SECTION II:
CONDITION OF SERVICE
The Provider hereby agrees to the following:
I
I
I
A. The Program shall provide assistance to alleviate conditions which contribute to neighborhood
deterioration as identified in Section 570.208 (b).
Page 1 of 16
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B. The Provider shall maintain a citizen participation mechanism, which will include, but not be limited
to the followipg:
1 :Logging citizen comments or complaints when received.
2. Copies of comments and/or complaints received in ~rjting.
3. Copies of responses to complaints and/or explanations of resolutions to complaints.
C. The Provider shall comply with the following attachments to the Office of Management and Budget
(OMB) Circul3rf No. A-ItO, "Uniform Administrative Requirements for Grants and Agreements with
lnstitutions pf lligher Education, Hospitals and Other Non-Profit Organizations", incorporated by
reference ~nto this Agreement.
1. Attacfullent A, "Cash Deposi~ories It, except for P&I1lgraph 4 concerning deposit insurance.
2. Attachwent E, "Bonding anQ Insurance".
3. Att,\chment C, "Retention and Custodial Requirements for Records", except that in lieu of the
provisions in paragraph 4, the retention period for records pertaining to individual CnBG
activities starts from the date of expiration of this Agreement, as prescribed in 570.507, in which
the specific activity is reported on for the final time.
4. Attachment F, "Standards for Financial Management Systems".
5. Attachment II, "Monitoring and Reporting Program Perfonnance", paragraph 2.
6. Attachment Nl "Monitoring Management Standards", except for paragraph 3 concerning the
standard~ for real property ane! except that paragraphs 6 and 7 are modified so that in all cases
4t Wpjch personal property is sold, the proceed!> shall be "program incorne" and that personal
pfoperty pot needed by the sub-recipient for CDBG activities shall be transferred to the recipient
for the CDBG progmm or shall be retained after compensating the recipient.
7. Attaclupent 0, "Procurement Standards",
D. Costs incurred under this program shall be in compliance with Federal Management Circular No. A-
122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this Agreement.
E. The Provider shall abide by those provisions of 24 CFR Part 570 subpart J, when applicable,
incorporated by reference into this Agreement.
F. No expenditures or obligations shall be incurred for the program prior to approval and release of funds
from the U.S. Department of Housing and Urban Development. Further, it is expressly understood that
in the event no funds are released from the U.S. Department of Housing and Urban Development in
Page 2 of 16
connection with this Program, tben the City is not liable for any claims under tills contract.
G. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the
benefits of the program on the ground of race, color, national origin or sex.
H. The Provider agrees that to the extent that it staffs the Program with personnel not presently employed
by said party, it will take affinnative action in attempting to employ low income persons residing in the
City of Clearwater, particularly minority group members.
1. The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program Income", gross
income directly generated from the use of CDBG funds. In those instances where' the City allows the
sub-recipient to retain program income, these funds shall be expended for CDBG eligible activities,
previously approved by the City in accordance with the projected accomplishments and budget
descriptions attached to this Agreement.
J. The Provider shall adhere to the applicable requirements contained in the "Acknowledgement of
Economic Development Activities", attached hereto and made a part hereof as Appendix 2, if
applicable.
K. The Provider shall comply with First Amendment Church/State principles, as follows:
1. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the basis
of religion.
2. It will not discriminate against any person applying for public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or services,
engage in no religious proselytizing, and exert no other religious influence in the provision of
such public services.
4. The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or religious symbols or decorations.
5. The funds received under this Agreement shall not be used to construct; rehabilitate, or restore
any religious facility which is owned by the Provider and in which the public services are to be
provided. However, minor repairs may made if such repairs are directly related to the public
services; are located in a structure used exclusively for non-religious purposes; and constitute,
in dollar terms, only a minor portion of the CDBG expenditure for the public services.
Page 3 of 16
L. The Provider shall transfer to the City upon expiration of tlus Agreement, any CDBG funds on hand
at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The
following restrictions and limitations apply to any real property under the Provider's control which was
D. Let it be further undcrstood that upon cUltailmclll of) or regulatory t,;Ol1stmillts placcJ Oil, thc 1uuds ul
the U.S. Department of Huusing and Urban Development, this Agreement will tenninate effective as
of the time that it is detennined such funds are no longer available.
B. Costs of the Provider resulting from obligations lIlcurred during a suspension or after tenninatioll, are
not allowable unless the City expressly authorizes them in the notice of suspension or tennination or
subsequently. Other costs during suspension or after tennination which are necessary and not
reasonably avoiqable are allowable ~f:
l. The costs result from obligations which were properly incurred before the effective date of
suspension or tennination, are not in anticipation of it, and in the case of termination, are
no~cancelable, and
2. The cost~ would be allowable if the award were not suspended or expired normally at the end
of the Agreement in which the tennination takes effect.
F. Upon tennination of the Agreement, the Provider and the City shall meet to discuss the City's
determination if any amounts are to be repaid to the City or if additional amounts are due the Provider.
SECTION V:
AMENDMENTS
Any ~terations, variations, modifications or waivers of this Agreement shall only be valid when they have been
reduced to writing and duly signed by both parties. Any changes which do not substantially change the scope
of the project and/or the Project Implementation Schedule or increase the total amount payable under this
Agreement, shall be valid only when reduced to wrIting and signed by the City Administration and the
Provider.
Page 6 of 16
. ..
.,
O. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to
determine compliance with the requirements of this Agrcern,ent, the Community Development Block
Grant Program and all applicable laws and regulations.
This documentation shall include, but not be limited to, the following:
1. Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and expenditures
of fund~ .provided directly or indirectly by this Agreement, including matching funds and
program lllcome.
2. Time sheets for split-funded employees who work on more than one activity, in order to record
tne CDBG activity delivery cost by project and the non-CDBG related charges.
Page 4 of 16
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3. How tqe Statutory National Objective(s) and the ~ligibility requirement(s) under which funding
has b~n received, have been met. These also include special requirements such as necessary
and appropriate detenninations, income certifications, written agreements with beneficiaries, .-
where applicable.
:P. The Provider is responsible for maintaining and storing an records pertinent to tlus Agreement in an
orderly fas4io~ in a'readily accessible, penn anent and secured locatioQ for'l period of three (3) years
after expiration of this Agreement, with the following e~ception: if any litigation, claim or audit is
$tarted pefore the expiration date of the three year period, the records will be maintained until all
Utigation, ~laims or audit findings involving these recorcl$ are resolved. The City ~hal1 be infomled in
writin~ after close-out of tltis Agreement, of the address wpere the records ~re to be kept.
SECTION ill:
f, -
TERM OF AGREEMENT
Thi~ Agreement shall be deemed effective upon approval anel release of funds by the U.S. Department of
Housing and Urban Development and being duly executed by both parties, whichever is later.
This project shall become operational as of October 1, 1993, and shall continue through September 30, 1994.
SECTION IV:
TERMINATION
The Ci~y and the Provider agree:
A. This Agreement may be temlinated by either party hereto by written notice of the other party of such
intent to terminate at least thirty (30) days prior to the effective date of such termination.
B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree upon
the termination conditions. A written notification shall be required and shall include the following:
reason for the termination, the effective date, and in the case of a partial tennination, the actual portion
to be terminated. However, if, in the case of a partial termination, the City determines that the
remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may
terminate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or tenninate this
Agreement in whole, or in part, for cause.
1. C~use shall include, but not be limited to, the following:
a. Failure to comply and/or perform in accordance with this Agreement, or any federal
statute or regulation.
b. Submitting reports to the City which are late, incorrect or inco~plete in any material
respect.
Page 5 of 16
c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible.
d. Failure to respond in writing to any concerns raised by the City, including substantiating
documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
monitoring of the subrecipient, and applicable HUD rules and regulations.
.
2. The City shall notify the Provider in writing when the Provider has been placed in default. Such
notification shall include actions taken by the City, such as withholding of payments, actions to
be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable
date fOf compliance, which shall be no more than fIfteen (15) days from notification date.
3. The City shall notify the Provider in writing when sufficient cause is found for termination of
this Agreement. The Provider shall be given no more than f1fteen (15) days in which to reply
in writing, appealing the termination prior to fmal action being taken by the City.
D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds of
the U.S. Department of Housing and Urban Development, this Agreement will temlinate effective as
of the time that it is determined such funds are no longer avaUable.
E. Costs of the Provider resulting from obligations incurred during a suspension or after temlination, are
not allowable unless the City expressly authorizes them in the notice of suspension or tenniIlation or
subsequently. Other costs during suspension or after termination which are necessary and not
reasonably ~voidable are allowable if:
1. The costs result from obligations which were properly incurred before the effective date of
suspension or termination, are not in anticipation of it, and in the case of termination, are
noncancelable, and
2~ Ule costs would be allowabl,e if the award were not suspended or expired normally at the end
of the Agreement in which the tennination takes effect.
F. Upon termination of the Agreement, the Provider and the City shall meet to discuss the City's
determination if any amounts are to be repaid to the City or if additional amounts are due the Provider.
SECT~ON V:
AMENDMENTS
~y ~terations, variations, modifications or waivers of this Agreement shall only be v~d when they have been
reduced to writing and duly signed by both parties. Any changes which do not substantially change the scope
of the project and/or the Project Implementation Schedule or increase the total amount payable under this
Agreement, shall be V~lid only when reduced to writing and signed by the City A~minlstration and the
Provider.
Page 6 of 16
SECrJO~
METHOD OF PAYMENT
,
It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures
incurred shall not exceed THIRTY THOUSAND ONE HUNDRED ONE ($30,101.00). Such funds must ~e
expel1d~ during the term of the Agreement, and any remaining balance of funds shall revert to the City. Such
compensation shall be paiet in accordance with the projected accomplishments and budget descriptions attached
hereto qod made a part hereof as Appendix 1.
A. The Provider ~haU submit monthly requests for payment for actual expenditures) including applicable
back-up documentation, no later than the tenth (lOth) day of the slIcceeding month q.ncl the City will
provide reimbursement, upon approval, within ten (10) working days after receipt of the same, if
submitted by the deadline data for inclusion on the drawdown request.
B. The City agrees to pay the Provider for expenditures incurred under this Agreement on a monthly basis
in accordance with the Budget and Project Implementalion Schedule atlached hereto and made a part
hereof as Appendix 1. Line item transfers are allowable only within each component and may not
exceed in the aggregate fifteen percent (15 %) of each line item withoul Jill.Qr written approval of the
City. All changes amounting to more than fifteen percent (15%) require prior written approval.
SECTION VII:
CONli'LICT OF INTEREST
The Provider covenants that no person, under its employ who presenlly exercises any functions or
responsibilities in connection with Community Development funded activities, has any personal financial
interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this
Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will
comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State Statutes governing conOicls
of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent
impropriety that is covered by the Above provisions. This disclosure shall occur immediately upon knowledge
of such possible conflict. The City will then render an opinion which shall be binding on both parties.
~ECTIQN VIII:
INDgMNIFICATION
The Provider shall indemnify and hold harmless the City from any and all claims, liability, losses and causes
of action which may arise out of the Agreement. 'I'he Provider, through its insurance carrier, shall pay all
claims and losses of any nature whatsoever in connection therewith and shall defend all suils in the name of
the City J when applicable, and shall pay' al~ costs and judgements which may issue thereon.
Automobile and vehicle coverage shall be required when the LIse of automobiles and other vehicles are involved
in any way in the performance of the Agreement.
The Provider shall submit to the City an ORIGINAL Certificate of Insurance.
All insurance coverage shall be approved by the City's Risk management Office prior to tile release of any
funds under this Agreement.
Page 7 of 16
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The City shall not .re~burse the Provider for outlays in excess of th~ funded amount of UIe Agreement unless
a'nd until the City officially, in writing, approves such expenditure by executing a written modification to the
origipal Agreement.
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Further, in the event evidence of such insurance is not fOIWarded to the Risk Management Office within thirty
(30) days after the ex.ecuti~n of this Agreement, this Agreement shall become null and void and the City shall
have no obligation under the tenns thereof unless a written extension of this thirty (30) day requirement is
secured from the Insurance Manager.
SECTION IX:
REPORTING AND EVAI.,UATION REQUIREMENTS
MainUtining credibility for the community development effort rests heavily on the ability to produce an impact
i.t1low/moderate income areas, through progress in accomplishing scheduled activities. An effective method
fOf maintaining project progress against a previously established schedule is through project evaluation and
reporting, which will consist of both written reports and staff discussions on a regular basis. The Provider also
assu.res prompt ana efficient submission of the following:
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A,. Monthly Reports are due no later than the tenth (10th) day of the succeeding month and shall include
the request for payment when applicable. Contents of the Monthly Report, attached hereto and made
a part hereof as Appendix 3, shall include but not necessarily be limited to ttle following:
1. The Narrative Report Fonn
2. The Financial Summary Fornl, which shall include the request for payment and documentation,
~s applicable.
3. The Client Profile Fornl
B. Semi-Annual Pro2ress Evaluation. No later than April 10, the Provider shall submit evaluation of the
effectiveness of the program durin~ the first six months of the year. The purpose of this report is to
penn it the City to implement a subrecipient ranking system for requests for funding for the subsequent
program year. This report shall be provided on forms to be developed by the City. This requirement
may be waived if the Provider elects not to request funding in the subsequent program year.
Reports and/or requested documentation not received by the due date, shall be considered delinquent, and may
be considered by tho City as sufficient cause to suspend CDBG payments to the Provider.
Page 9 of 16
C. final Evaluation. Within twenty (20) dnys of contract completion, a final report documenting how the
Statutory National Objective and the eligibility requirel11ents were met, mus~ be submitted by the
:provider to the City's Community Development Division for review and approval. The contents of
same shall include a cumulative total of the data submined during tpe program's operation. Further,
such report shall include statistical findings which depict progranl efficiency; i.e., the number of dollars
sp~nt, including non-CDBG funding sources, to render actual service to program recipients, and an
overall evaluation of the program's effectiveness, and quantitative results. The final report will be
evaluated and the Provider will be notified if additional data is necessary or that the project/activity is
considered II closed-out II .
Oth~r Reportin~ Requirements may be required by the City in the event of program changes, need for
additional information or documentation andlor legislation amendments. The Provider shall be infonned, in
writing, if any changes become necessary.
t SECTlOl'f-Xl
AUDIT AND INSPECTIONS
At any time during J}onnal business hours and as often as City and/or Federal Government representatives may
deem pecessary, th~re shall be made available to representatives of the City and/or the Federal Government
an opportunity to review, inspect or audit all records, documentation, and any other dalq relating to all matters
covered by the A~reement.
AIl ~ual organization ~l1dit shall be submitted to the City 120 daY$ after the end of the frovider's fiscal year.
The ~\Jdit shall be performed in accordance with OMB Circular A-lIO Attachmen~ f, OMl3 Circular A-133
or OIvm Circ~lar },.-l28, as applicable. If this Agreement is closed-out prior to fhe receipt of an audit report,
the Gtty reserves the right to recover any disallowed costs iden~ified in an audit after such close-out.
SE~TION XI: COMPLIANCE WITH I..oeAL, STATE & FEDF..RAL REGULATIONS
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The provider agrees to comply with !ill applicable federal regulations a~ they may apply to program
adlllinistration. Additionally, the Provider will comply with all ~tate and local laws and ordinances hereto
applicable.
SECTION Xll;
. .
ADDITIONAIJ CONDITIONS AND COMI>ENSATION
,
. n j~ expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be
uSeQ for compensation originated from grants of federal Community Development Block Grant funds~ and must
be implemented in full compliance with all of HUD's nlles and regulations.
It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant
funds, that the flllancial sources necessary to continue to pay the Provider compensation will not be available
and that this Agreement will thereby terminate effective as of the time that it is detennined that said funds are
no longer available.
In the event of suc~ detemlination, the Provider agrees that it will not look to, nor seek to bold liable, the City
or any individual member of the City Commission thereof personally for the perfonnance of this Agreement
and all of the parties hereto shall be released from further liability each to the other under the terms of this
Agreement.
11S' WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their duly
authorized officials on the day and date first above indicated.
.
SGT ALLEN MOORE COMMUNITY
PARTNERSHIP
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By
President
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Secre~
Date
Couptersigned:
CITY O~ CLEARWATER, FLORIDA
Rita GaIVey
Mayor-Commissioner
By
Michael Wright
City Manager
Date
A TrEST:
Cynthia Goudeau
City Clerk
Approved as to fonn & correctness:
Date
Miles A. Lance
Assistant City Attorney
Contract between City of Clearwater and SOT ALLEN MOORE COMM UNITY PARTNERSHIP
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Page 11 of 16
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EQUAL EMPLOYMENT OPPORTIlNlTY CLAUSE
FOR CONTRACTS SUB.{ECT TO EXECUTIVE ORDER 11235
- -
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'Ple,ilpplicant hereby agrees that it will incorporate or cause to be incorporateQ into any contract for
construction work, or modification thereof, ~s defined in the regulations of the Secret~ry of Labor at 41 CFR
Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or
borrowed on the credit of the Fedtral Govemment pursuant to the grant, contract, loan insurance, or guarantee,
or un4ertakeIl pursuant to any Federal progrnm involving such grant, contract, loan, insurance, or guarantee,
the following Equal Opportunity clause:
During the performance of this contractl the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The contractor will take affirmative action to ensure that
~pplicants are employed, and that employees are trC(lled during employment without regard to their race,
color, religion, sex, or national origin. Such action shall incl~lde, but not be limited to the following:
employment, upgrading, demotion, or transftr; recruitment or recnlitment advertising; layoff or
tennination; rates of payor other fOffilS of compensation; and selection of training, including
apprenticeship. The contractor agrees to post in a conspicuous place, available to employees and
applicants for employment, notices to be provided setting forth the provision of this nondiscrimination
clause.
(2) The contractor will, in all solicitations or advertisement~ for employees placed by or behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or reprtsentative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representative of the contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and
of the rules, regulations, cmd relevant orders of the Secretary of Labor.
(5) The contractor will furnish all infonnation and reports requireq by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation to asce11ain compliance with such rules, regulations, and orders.
(6)
In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or .
with any of ~'le said nlles, regulations, or orders, this contract may be canGeled, tenninated, or '\
suspended in whole or in part and the contractor may be declared ineligible for further government
contracts or federally assisted constnlctlon contrncts in accordance with procedures authorized In
Page 12 of 16
Executive Order 11246 of September 24, 1965, or by nile, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1), and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by
niles, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor. 1be contractor will take such action with respect to any subcontract or purchase order as
the admini~tering agency may direct as a means of enforcing such provisions, including sanctions for
non-compliance provided, however, that in the event a contractor becomes involved in or is threatened
with, litigation with a" subcontractor or vendor as a result of such direction by the ad'ministering agency,
the contractor may request the United States to enter into such litigation to protect the interest of the
United States.
The applicant further agrees that it will be bound by the above Equal Opportunity clause with respect to its own
employment pmctices when it participates in federally assisted constnlction work: provided that, if the applicant
. so participating is a State or local government, the above Equal Opportunity clause is not applicable to any
agency, instrumentality or subdivision of such government which does not participate iI~ work on or under the
contract.
Tl1e applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary
of Labor in obtaining the compliance of contractors and subcontractors with tile Equal Opportunity clause and
the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such infornlation as they may require for the supervision of such
compliance, and that H will otheIWise assist the administering agency in the discharge of the agency.s primary
responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject
to Executive Order 11246 of September 24, 1965, with a contrqctor debarred from, or who has not
demonstrated eligibility for, government contnlCts and federally assisted construction contracts pursuant to the
, Executive Order anq will carry out such sanctions and penalties for violation of the equal opportunity clause
as may be imposed upop contractors and subcontractors by the administering agency of the Secretary of Labor
pursuant to Par II, S~lbpart D of the Executive Order. In addition, ~he applicant agrees that if it fails or refuses
to comply with these undertakings, the administering agency may take any or aU of the following actions:
cancel, temlinate, suspend in whole or in part this grant (contract, loan, insurance guarantee); refrain from
extending any further assistance to the applicant under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from such applicant; and re~er the
case to the Department of Justice for appropriate legal proceedings.
Page 13 of 16
SECTION 3 CI,AUSE
i
A. The work to, be p~rfonned under this contrnct is on a project assisted under a program providing direct
Federal fmanciaI assistance from the Department of H9using and Urban Development and is subject to
the requiremepts of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area, and contracts for work in
connection with the project be awarded to business concerns which are located in, or owned in
substantial part by persons residing in the area of the project.
B. The parties to this contract will comply with the provision of said Section 3 and Hie regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135.20, and
all applicable rules and orders of ~he Department issued thereunder prior to the execution of this
contrnct. The parties to this contract cCItify and agree that they are under no contractual or other
disability which would prevent them from complying with these requirements.
c.
The contractor will send to each labor organization or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, if any. a notice advising the said
labor organization of workers' representative of his commitments under this S~t.ion 3 Clause and shall
post copies of the notice in conspicuous places available to employees and applicaIlts for employment
or training.
';
D. The contractor will include tius Section 3 Clause in every s4bcontract for work in connection with the
project and will, at the direction of the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20. The
contrnctor win not subcontract with any subcontrnctor where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR 135.20, and will not let any subcontract unless
the subcontractor has first provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20, and all
applicable 11lles and orders of the Department issued thereunder prior to the execution of the contrnct,
shall be a condition of the federal financial assistance provided to the project, bindulg upon the applicant
or recipient for such assistance, its successors, and assigns. Failure to fulf1l1 these requirements shall
subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those
sanctions specified by ~he grant or loan agreement or contract throught which Federal assistance is
provided, and to sllch sanctions as are specified by 24 CPR 135.20.
~
Page 14 of 16
ACKNOWLEDGEMENT OF ECONOMIC DEVELOPMENT ACTlVITIES
U tQ~ l,>rovider wUl l>~ using CnBG funds for an Economic Development Activity, the following federal
re<JQifements must lle acknowledged:
WWIMODERAT~ :JNCOME JOBS
Criteria
A low/moderate jobs ~ctivity is one which creates or retains penn anent jobs, at least 51 % of which are taken
by ~ow/moderate income persons or considered to be available to low/moder'dte income p'ersons.
III counting jobs created or jobs retained, the following policies apply:
"
I
,
o Part-time jobs must be converted to full-time equivalents.
o Only pCffilanent jobs count.
o Tempomry jobs may not be included.
',I
o Regardless of the sources of funding, all permanent jobs created by the activity must be counted.
o Trickle-down jobs Gobs indirectly created by the assisted activity may not be counted).
For jobs retained, the following additional criteria apply:
o There ~s clear and objective evidence that pemlanent jobs will be lost without CDBG assistance.
Such evidence includes: a notice by the business to affected employees, a public announcement
by the pusiness, or relevant financial records.
0' Retained jobs are considered to involve the employment of low/moderate income persons if 51 %
of such jobs are known to be held by low/moderdte income persons when CnBG assIstance is
provided.
Jobs are considered to be available to low/moderate income persons wben both the following conditions are
, fulfilled:
o Special skills that can only be acquired with one or more years of training or work experience,
or education beyond high school, are not a pre-requisite to fill such jobs, or else the business
nevertheless agrees to hire unqualified persons and train them; and
o The provider ensures that the assisted business adheres to the principles of "fust consideration"
by: using a h.iring practice that in all likelihood will result in over 51 % of those hired being
low/moderate income persons; seriously considering a sufficient numbor of low/moderate mcon'lo
Page 15 of 16
, I
job applicants to meet tbis intent; detennining that the distance from the job applicant's residence
is clos~ to the job site Of that trdnsportation is avail~ble to the job site.
JUr,COltPS TO lJE M{\lNT AlNED
Wpe~ ~he low/{noderate income benefi~ is based on job c~tion, the Provider's files must include the
docpmentation descritJed in either (A) or (B) below:
(;\.) POl' acUvjtie~ where at least 5~ % of the jobs will be ~vai1i!ble to low/mod~rate income persons,
documentation for each assislecl business must include:
~ copy of ~ wrHtep agreement containing:
o A. commitment by the blJ$iJ]ess that it will mqlce at least 51 % of the jobs available to
low/moderate income persons and will provide training for any of those jobs requiring special
skills or education; and,
o A listing by job title of the penn anent jobs to be created, indicating which jobs will be available
to low/moderate income persons, which jobs require special skills or education, and which jobs
are part-time; and,
o A description of actions to be taken by the Provider and business to ensure that low/moderate
income persons receive "first consideration" for these jobs; and,
o A listing, by job title, of permanent jobs filled, and which jobs were available to low/moderate
income persons, as well as a description of how "fITst consideration" was given to such persons
for those jobs. The description must include what type of hiring process was used; which
low/moderate income persons were interviewed for a particular job and which interviewees were
hired .
(B) For activities where at least 51 % of the jobs will be taken by low/moderate income persons,
documentation for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that at least 51 % of the jobs, on a full-time equivalent basis, will
be taken by low/moderate income persons and a listing by job title of the penn anent Jobs
created; and,
o A listing, by job title, of the permanent jobs filled and which jobs were initially held by
low/Il:l0derate income persons; and,
o Information on the size and annual income of the persons' immediate famU y prior to the
low/moderate income person being hired for the job.
Page 16 of 16
Where low/moderate income benefit is based on job retention, the files must include the following
documentation:
I
1
I
I
A
o Evidence that jobs would be lost without CDBG assistance.
o A listing, by job title, of pennanent jobs retained, indicating which of those jobs are part-time
and (if known) which are held by low/moderate income persons at the time the assistance is
provided.
o Identi.Qcation of any retained jobs not already held by low/moderdte income persons which are
projected to become available to iow/modemte iIlcome persons through job turnover within two
years of the time CDBG assistance is provide<J. (Job turnover projections should also be
included in the record.) .
o Infonn~tiop on the size and annual income of the low/moderate income persons' immediate
f(UllUy for each retained job claimed to be held by a low/moderate income person. Acceptable
documentation on job applicant/ employee family income includes anyone of the following:
~ Notice that job applicant/employee is a referral from state, county, or local employment agency
or other entity that agrees to refer individuals detefIIlined to be low/moderate income according
to :ijUD criteria. (These entities must maintain docllmelltation for city Of federal inspection.)
~ Written certification, signed by the job applicant/employee, of family income and size to
t(stabIish low/moderate income status by showing: the actual income of the family, or a statement
that the family income is below CDBG lowlmoderate income requirements. (These certifications
must inch~de a statement that they are subject to verification by the local or federal govenlment.)
~ ~vidence that job applicant/employee qualifies for assistance under another program with income
qualification criteria at least as restrictive as those used by the CDBG program, such as referrals
from tl1e Job Training Partnership Act (JTPA) Program, except for referrals under the JTPA
Title ill Program for dislocated workers.
ADDITIONAL CONSIDERATIONS
- . .
The J>fovider must prep~e a ,"necessary or appropriate" determination whenever CnBG assistance is provided .
for a private, for-profit entity carrying out economic development
Page 17 of 16
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CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
35 C..
Item #
Meeting Date: 11/18/93
irUBJECT: RENOVATIONS TO RESTROOMS AT JACK RUSSELL STADIUM
RECOMMENDATION/MOTION:
RUSSELL STADIUM TO
IS THE LOWEST, MOST
SPECIFICATIONS
AWARD A CONTRACT TO RENOVATE THE RESTROOMS AT JACK
FOR THE SUM OF WHICH
RESPONSIVE BID SUBMITTED IN ACCORD WITH PLANS AND
~ and that the appropriate officials be authorized to execute same.
.,~
BACKGROUND: This contract will provide for interior renovations to the main
restroom facilities at Jack Russell Stadium. Renovations will include
demolition of the existing restrooms including electrical, ventilation and
plumbing, and construction of new facilities including new concrete block
screen walls on the exterior of the restrooms. The entire interiors of the
men's and women's restrooms will be gutted to accommodate the new design.
The subject restrooms were included in the original design of the stadium.
Although there has been some minor renovations over the years, they do not
meet current ADA standards and are very unsightly to the public. The city and
Phillies have received complaints from users regarding the substandard
conditions of the restroom facilities.
The new design and construction covered by this contract will improve the
restroom facilities to meet ADA standards and access to the facilities will be
easier.
Since the first Spring Training Game is scheduled for March 5, 1994, this
contract is to be completed within a 60 day time period. Phillie officials
have approved the renovation plans as indicated in the attached letter from
Mr. John Timberlake.
A tabulation of bids is attached. Of the bids received,
the lowest and most responsive bidder at
$241,880 in code 3283, Jack Russell improvements,
provide funds for this contract.
was
Currently, th1;\.,::e is
which is suffic:;''t.:\:;1,tto
Because of tight time schedule, this agenda item was prepared without the
vendor's name or cost. This information will be provided when the bids are
opened on Wednesday, November 17, 1993.
Reviewed by: Originating Dept. Total
Legal N/A Parks & Ree e
Budget User Dept.:
Purchasing Current FY
Risk Mgmt. :~~ Parks & Reerea
CIS unding Source:
ACM Advertised: L Capt. Imp.
Other N/A Date: 10/26,11/1/93 _ Operating
Paper: st. Pete Time Other
_ Not required
Affected parties Appropriation Code:
- Notified 315-9-3283
_ Not required
Commission Action:
_ Approved
_ Approved w/conditions
Denied
Continued to :
Attachments:
1. Tabulation of bids
2. Letter fr0m John Timberlake
_ None
...... ..
~,"...."~.
'. -.
976 P01 ,~IOV 04 '93 14: 12
November 4, 1993
City Of Clearwater
~e8m Wilson
parks And Recreation
Dear Ream:
. .
Pursuant to our telephone.conversation, T~e Phl11i~s have reviewed
the plans for the reno~atlon of th~ "ori~inal" r.strooms at Jack
Russell stadium. We have appro~ed the re~ovationB as outlined in
tbe blueprints and would like. to see the work begin as soon ae
possible. As you know, we expeot 8: t~cord orowd this oorning spring
and need the projeot oompleted by mid-February in order to be ready
for Opening Day.
.\
Thank you for your continued at.
(l[v~.
{[;n" Timberlake
General Manager
PhillieB Florida
on eo this matter.
. I
JACK RUSSgLL stADIUM- 800 Phfflloe Drive. P.O. Box 10338 . Cluarwllter, r-Iorlda 34617 . Phont:81"441.a638 . FIx: 81!f"~7.392.
. , ' ., . "
CLEARW A'fER CITY COMMISSION
Agenda Cover Memorandum
Item # 3:5 c
Meeting Date: ---;iji~
SUBJECT: RENOVATION TO RESTROOMS AT JACK RUSSELL STADIUM
-
RECOMMENDATION/MOTION: AWARD A CONTRACT TO RENOVATE THE RESTROOMS AT JACK.
RUSSELL STADIUM TO GROSZ-HALES CONSTRUCTION COMPANY, INC. OF TAMPA, FLORIDA
FOR THE SUM OF $109,250 WHICH IS THE LOWEST, MOST RESPONSIVE BID SUBMITTED IN
ACCORD WITH PLANS AND SPECIFICATIONS
~ and that the appropriate officials be authorized to execute same.
BACKGROUND: This contract will provide for interior renovations to the main
restroom facilities at Jack Russell Stadium. Renovations to the restrooms
will include demolition of the existing restrooms including electrical,
ventilation and plumbing and construction of new facilities including new
concrete block screen walls on the exterior of the restroom. The e..otire
interiors of the men's and women's restroom will be completely gutted to
accommodate the new design.
The subject restrooms were included in the original design of the stadium.
Although there has been some minor renovations over the years, they do not
meet current ADA standards and are very unsightly to the public. The City and
Phillies have received complaints from users of the stadium regardin~ the
substandard conditions of the restroom facilities.
The new design and construction covered by this contract will improv~ the
restroom facilities to meet ADA standards and access to the facilities wi.ll be
easier.
Since the first Spring Training Game is scheduled for March 5, 1994, this
contract is to be completed within a 60 day time period. Phillie officials
have approved the renovation plans as indicated in the attached letter from
Mr. John Timberlake.
A tabulation of bids is attached. Of the bids received, Grosz-Hales
Construction Company, Inc. was the lowest and most responsive bidder at
$109,250. Currently, there is $241,880 in code 3283 Jack Russell improvements
which is sufficient to provide funds for this contract.
Because of tight time schedule, this agenda item was prepared without the
vendor's name or cost. This information is now provided since the bids were
opened on Wednesday, November 17, 1993.
'j
Reviewed by:
_ Approved
_ Approved w/conditions
Denied
Continued to :
It
$109,25
Total
Originating Dept :
Parka & Recr a:
Commission Action:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
~
User Dept.:
Parks & Recre t
1993/94
Current FY
Funding Source:
JL Capt. Imp.
_ Operating
Other
Attachments:
1. Tabulation of bids
2. Letter from John
Timberlake
Advertised:
Date: 10/26,11/01/
Paper: st. Pete Time
tJt:;ttBJ bV:CU;~_
City Manager
_ Not required
Affected parties
_ Notified
_ Not required
Appropriation Code:
315-9-3283
_ None
'_.'"J;"
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Novamb8r 4, 1993
city o~ Cle~rwftt.r
tte~m Wllton
~8rk~ And ~eoreablott
4.. . .
.
, .'
t)@Iar Reaml
~ Pursuant b~ our t~1~ph~n~'do~~~~s~t16ttt T~e'Ph!111~. hav~.rev!~wed
the pl&ns f~r th~ teno~8blbn 6f ~h~ h~ri~in~l" r.gbroom~ at Jack
RusBell St~dium. W8,ha~e Bppro~ed bhe repovbtlone aa o\1cl1ned in
th@ blu~prlhts ~tld would llkij,to ~e~ th~,work begin ~s goon an
possible. As you know, w6 exp~~t ~ r~cord orowd this coming epring
and need the pr~j~ct oomple~~d by mid-F~bruary in order to b~ r~ady
for Opening bay.
, :\
Thank you f~r your oontlnu~d Mt.
s!neer~lYl
,000v~
{;;;:n< Tlmbe~18!tll '<L-'
-General Manager
Phil1ie8 rlorida op~rael~ns
.
~n bo thi8 roa~ber.
JAOK Rus~alL SlM)IUM '. ~oo PhlllJes Drive .
....
.....
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" .'
I.
BIDS SOLICITED ~ 51
Era ker' Con s tr'uc t ion Ser'v i c: eSt , I nc .
505 South Riverhills Drive
Temple Tr~I"r'c:\ce, FL. ::~:Jl:>J.-;:'-1.2~56.
M. Bon (~ , In c: .
2607 1\1. E. Cfl:h Avenue
Cape Coral, FL. 33909
Brasfield & Garrie Gen. Cont.
851 T/" r.:\ fa 1 ~1 al~' Cl'Jur'l:, Gu i b:.? 209
Maitland, Florida 32751
t.:
"
R . ,). 13 t.l n bur' y Co., I n c: .
6290 1. 'l'?th A~'(~., No.
Clear',o,JrJI:r:w', Fl en-.i cia ~Jlt620
Alspach Construction & Electric Co., Inc.
1100 N. 50th Street
Sui Iding 4-G
TaTpa, Florida 33619
Cl ar'k 3: Loga,n, Inc.
1108 Eldridge Street
Clearwater, FL. 34615
Consolidated Bldg. Concepts, Inc.
3233 East Bay Drive
Suite 105
Largo, Florida. 34641
,
Dan i sIn d L\ S t ,.. i e s C () l~' P CWo c:\ t, i (J n
P. (J. ~CJl( ~:?:;'802",
I
Ch"' I ;:,ndo, FL ~j2E359.-8l)24
Drac Construction Co.
1 :3 1 2 A 1 t e r' n ate Hw y . 1 9
Pa 1 m H~.r'bor', FL.. ~346B~:~
35c..
eM b. lA. (
8andes Construction Compnny
~J~)O'i" (" LJ. f:L Hwy. 1 I:] hlm-'l:h
F' a 1m 1-1.;;1,1" b 01"', FL. ::Vl6E33
"
Et,... -c:\ c:I1 f:~ Y C (] n 5 I: I.' l,l c: l: i ('J r 1 C (,1., I r, c .
P. C). Del:,: 6E1,.'~:;
C 1. €~ a r' well: l:? I~', FL. ~:. '1 (, 1 {] -76 B 'j" 5
Peter R. Brown Canst., Inc.
P. (). BCl:': 4 1 (Ie)
Cleal"~Jater', FlrJr'ida 3461B
C~. 1 <:'1 d (;? siC () n s:; -t r. I..l c I: i C) n C () .
n'?:7~C) I. J. ~'jt.-,h AverH.l(~, !\Ior.t.h
L i::\ ,", t;] (:), F 1 0 I"' i cJ a ~J It 1..) II ~J
-'
CoIf:? En~l. ~~ Consl:I"uc:tCJr's Cor".p.
1 2 I) 1 C e c.I a r' S t ".' e t=~ t., Un i t ft B
B.:~.f e~l: y I'I;'.:\I~' b or', F'l DI'" ida, ~~l4 b 9:5
...f
COlf Con!i'j 1:."" uc: t. i, on Gt:lmp c;\ny
:7522~5 C~Hl1:r'al (.)venue
,st. Petersburg, FL. 33710
Damon Construction, Inc.
r=- . tJ. 'Bo}.:. l~5
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RESOLUTION NO. 93-70
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
ASSESSING THE OWNERS OF PROPERTY THE COSTS OF HAVING
MOWED OR CLEARED THE OWNERS' LOTS.
WHEREAS, it has been determ i ned by the City Comm i 5 5 i on of the City of
Clearwater that, for the purpose of promoting the health, safety and general
welfare of the citizens and residents of the City, real property within the City
should be cleared of weeds, rubbish, debris and other noxious nlaterial; and
WHEREAS, notice pursuant to former Section 20.38, Code of Ordinances, now
Section 20.38, Code of Ordinances, was provided to the owner of each of the lots
listed in Exhibit A, and the notice required each property owner to cause the
violation to be remedied or to file a notice of appeal within 10 days after the
date the property was posted; and
WHEREAS, the property owners have fa i 1 ed to take remed i a 1 act ion with i n the
time provided and have failed to file a notice of appeal within the time allowed,
or appealed the notice of violation but failed to take remedial action within the
time provided by the Code Enforcement Board, and it became necessary for the City
to take remedial action; and
WHEREAS, the owner of each lot listed on Exhibit A has been provided with
a notice and opportunity within which to pay the costs and administrative charges
set forth on Exhibit A, but no payments have be~n received;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission finds the preamble hereof to be true and
correct.
Section 2. The City Commission hereby assesses a lien upon each parcel of
real property listed on Exhibit A for the actual costs of mowing or clearing,
plus administrative costs, as shown on Exhibit A.
Section 3. The City Clerk is hereby directed to prepare a notice of lien
against each property listed on Exhibit A and to record the same in the public
records of Pinellas County, Florida.
PASSED AND ADOPTED this
day of
, 1993.
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
PROPERTY OWNER
William M. Finlay %
1st Florida Bank
James/Laura Schneider
Annabelle K. Bancroft
% C. R. Bickhardt
Troy D. Payne Jr.
Angela I. Glidden
Frances Green %
Dorothy Green
,Jaime Viera
Ruth E. Taylor %
Joseph Warren
Barnell/Louise Evans
Jeffrey/Bobbi Hausman
EXHIBIT ~ (OCTOBER)
LEGAL DESCRIPTION
COST
ADMIN.
CHARGE
TOTAL
Coachman Hts Rev Blk C
Lots 17-20
$ 174.34 $ 200.00 $ 374.34
Druid Hts Blk a Lot 15 143.49
Glenwood Sub N1/2 Lot 86 119.16
& S65' Lot 87
Greenwood Park #2 Blk D 70.64
Lot 51
Greenwood Park #2 Blk F 68.14
Lot 47
Jurgens Add Blk BLot 2 Is rd 50.00
Jurgens Add Blk D W50'Lot 1 301.90
all Lots 2-4
Lincoln Place Blk 4 Lot 4 50.00
Merritts Replat Lot 2 130.00
Northwood Estates Tract C 130.49
Blk CLot 9
Bessie/Mary Singletary Palm Park Unbd Blk Lot 23
Is N4' for ROW
Ella Rhodes
Christine Keno
Daisy Williams
Eunice B. siskovsky
Estate
James Liddell Jr.
James Liddell Jr.
Joseph Johnson/
T. Mason
Abner Edwards
227.14
Palm Park Blk CLot 1
94.73
Palm 'Park Blk CLot 8
142.21
Palm Park Blk CLot 16
87.76
Palm Terrace unit 2 Lot 8
90.39
Pennsylvania Sub Lot 8
66.96
Pennsylvania Sub Lot 13
53.13
Pennsylvania Sub Lot 12
53.13
Pine Ridge Sub Blk BLot 16
108.34
200.00
200.00
200.00
200.00
200.00
200.00
200.00
200.00
200.00
200.00
200.00
200.00
200.00
200.00
200.00
200.00
200.00
200.00
343.49
319.16
270.64
268.14
250.00
501.90
250.00
330.00
330.49
427.14
294.73
342.21
287.76
290.39
2 66'. 9 6
253.13
253.13
308.34
,.,. ..': . .
EXHIBIT A (OCTOBER)
PROPERTY OWNER
LEGAL DESCRIPTION COST
ADMIN.
CHARGE
TOTAL
Kenneth/Betsy Roush
Plaza Park Blk C EllS' Lot 1 88.75
& N3' of El15' Lot 2
200.00
288.75
Anthony B. Harris
Plaza Park Blk D S70'Lts 9-10 67.73
200.00
267.73
stephen Ballis Tre. Sec 02-29-15, M&B 32/06
% Dayton Resources Ltd.
99.02
200.00
299.02
Clifford/Ann sutton
See 17-29-16, M&B 13/28 123.84
200.00
323.84
One Point One Inc. %
Kurk Eicholtz P.A.
See 17-29-16, M&B 33/02 441.79
200.00
641.79
Gary/Joel Brannen
Shadowlawn Sub Blk C W63.34' 710.47
of E126.68' Lts 23-24
200.00
910.47
Alice/Charalabos Xiros Sunset Ridge unit 3 Lot 76
106.26
200.00
306.26
3' b.
RESOLUTION NO. 93-74
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
ESTABLISHING FEES FOR APPLICATIONS AND LICENSES FOR
ADULT USE ESTABLISHMENTS; PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following fees are establ ished for appl ications and
licenses regarding adult use establishments:
ADULT USES:
(1) Application fee for certificate of compliance
or provisional certificate of compliance
(2) Application fee for adult use license
(a) Nonrefundable fee; if approved, fee will be
credited to annual adult use license fee
$ 50.00
100.00
(b) Fee for each additional adult use
classification; if approved, fee will be
credited to annual adult use license fee
(c) Investigation fee for each individual
listed in the application pursuant to
Section 41.522(2)(h), City Code
(3) Annual adult use license fee
(a) Adult Theaters ($175.00 of fee payable
to Pinellas County Public Health Unit)
(b) Other adult use classifications
(c) Each additional adult use classification
25.00
25.00
475.00
300.00
50.00
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of ,.
, 1993.
Attest:
Cynthia E. Goudeau
City Clerk
Rita Garvey
Mayor-Commissioner
:\
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I t I \?
3'7 C\ .
M E M 0 RAN DUM
TO:
The Honorable Mayor and Members of the city commission
Paul Richard Hull, Assistant City Attorney ~
FROM:
DATE:
October 27, 1993
RE:
Quieting title to portion of South Shore Boulevard
The Clearwater Pass Bridge Project has necessitated
acquisition of two parcels of land adjacent to the project site.
The city has purchased one of the two parcels from James Standridge
and is engaged simultaneously in purchase negotiations and eminent
domain proceedings with Fisherman's Wharf of Clearwater, Inc., for
the other parcel. These two parcels are separated by South Shore
Boulevard.
South Shore Boulevard was conveyed to the city by the Bayside
Hotel Company, Inc., in 1963. The conveyance was subject to a
covenant restr icting the use of the property "for public street and
utility purposes only. ~I Bayside Hotel Company, Inc., is now
defunct. After the construction of the new bridge South Shore
Boulevard will dead-end at a retaining wall on the bridge without
access to the approach. Consequently, the westerly portion of
South Shore Boulevard will not provide access to any property other
than that owned by the City and Fisherman's Wharf.
I
It is believed that the city's position in the mitigation of
the damages occasioned by the acquisition of the Fisherman's Wharf
parcel would be greatly improved if the Standridge property and the
westerly portion of South Shors Boulevard could be treated as a
single tract.
.
,
Therefore, the legal department requests authority to
institute an action seeking to quiet title to the westerly portion
of South Shore Boulevard and recommends that the city commission'
pass a motion to that effect.
i'
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Nov. 17 '93 16:36
0000 RICHARDS,GILKEY P.A.
P. 2
TEL 813-446-3741
L"'W o".,.,eE8
.fl.e. -- '3 'l
R"'LPH RICJ04AR". (IOll)"Q60)
.JO~N p. ,-'TIC
",QHH ~. BLAUGHTER. .JR.
EMIL O. PRATESI
R. CARl.TON WA"lD
CYNTIo4'^ I. Riel:
MARK 1::. 1"...MI:5
RICHAROS, GILKEY, r:-'TEt SLAUGHTER, PRATESI & WAAO. P,A..
RICHARDS BUILDING
125:) PARK STREET
C"'~ARWATE:R. F'LORIDA 304616
WILl.I"'" W. OILIIIt"
WIl.LI....... ..... ...~c;:"'JNII'c
OF' COUN6EL
TEL: (013) 0443'3281
r-A)(: (613) 446.3741
PORT RICHEY O"',..,CI:
D..... SIIIP DVORH'K
November 17, 1993
lnta:u u.... ID' IIUITC :lO:ll
pallY n,C;HI:Y. 'LO,,'DA :s.oIDOa
t "L: I'l~) ,.:1 ".~:lI
rAM: (113) .410.' ClOII)
Michael wright
city Manaqer
city of Clearwater
P.o. Box 4748
Clearwater, Florida
346J.8-4748
.~,
RE: Sun Bank Building
Dear Mike:
I received on November 15, 1993, a letter from Rusty Maokay,
attorney for the Buyer of the Sun Bank Building, a copy of which is
enclosed. Since the date of that letter, I have had a phone
discussion with Rusty concerning the "pending action" provision of
the contract. As you will remember we furnished Rusty copies at
the correspondence between Michael Hooker, Al Galbraith as we~l as
the request for the Attorney General opinion and a copy ot the
Attorney General's opinion.
Based on the documentation forwarded to the Buyer, the Buyer
has taken the position that the uncertainty revolving around a
potential claim which may be asserted by Commissioner Thomas is
sufficient enough for them to demand that as of the time of Closing
they be furnished with a waiver from Commissioner Thomas and his
attorney as to any issues relative to the acquisition of the Sun
Bank Building and that any such iSSlu$Sl are moot and that the
Buyer's title will not be affectod by any of the assertions Dade by
commissioner Thomas or hi$ oounsel and submitted to the Buyer for
his review. .
After you have reviGwaa this with oommissioner Thomas and his
counsel, I would request that you contact me so that:. we may
formulate the appropriate response to Buyer and his counsel.
ly yours,
EGP\rm
Enclosures
. pratesi
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Nov. 17 'S3 1&:36
NOV-16-93 HaM 16:34
0000 RICHARDS,GILKEY P.A.
OE~TURIO~ TOWER LTD
( ,
TEL 813-446-3741
F~ NO. 407po48911
I
P. 3
..
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ga1 Ch$tham Lano. SuJt& 110
CofumbUft, Ohio 43221
TelephonG
(614) 4157-1511
Fax
(614) 457.1514
November 15, 1993
Emil Pratesl
Richards, Gilkey, File, Slaughter, .
Prated &, Ward, P,A,
Riehards Building
1253 Park Street
Cleaxwater, FL 34616
Re: Title and Closing Conditions
Dear EmU:
We rec:eived fax copies of various title issues. ,.r ~ ,tP'
1Jn~(V1 I
1. We still do not have more than the fIrst page of "Resolution No. 934". ./"
2. We cannot accept the pending action exception. We are particularly concerned
that the issue of the CilY'S aUthority was being pursned while we were under
. agreement to purchase the property. I do not see any alternative but to. request the
initiating parties to withdraw this challenge so that this can be removed and an
affirmative opinion rendered on behalf of the seller satisfactory to us and the tide
company. This is of particular concern now that we are being ask~ to accept an
escrow closing. .
..
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3. We will need an assignment of all previous developme.Dt rights in a manner
similar to the prior assigmnenta of record. The transfer to the City by the former
lender should not cxtinquish these agreements that run with the land and might be
considered to be ex.tinguished by the City's tAlrIng title. The City will similiarly
be requested to acknowledge this assignment and the continued viability &f the
prior. agreements. the benefits thereof, and the current status of any payments
required therein.
0000 RICHARDS.GILKEV P.~.
CE~ION TOWER LTD
/ '
TEl 91~446-3'741
FAR HO. 401cpn1\8811
P. 4
Nov. 1? '93 16:~7
NOV-lb-93 HON 15:35
.~.02
Bmll Pratesi
Page 2
Nov. 15. 1993
4. We will need a copy of the January 8. 1990, Maintenance and Operation
Agreement referred to in Resoludon No. 93-68. This resolution refers to the
Agreement that will be modified contingent upon the City's prior approval. We
will need to pre-approve this agreement and any changes thereto. We will also
need to approve the form of the casement for the maintenance of the raised
walkway and the supporting structures.
.(
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5. Page 1. of Resolution 93-4 contains several "subject to's". Is there more on /
the subsequent pages?
6. I have several ~ents on the escrow agreement which I will review with
you by phon6.
.
7. There has been a tScrlcs of rather complicated descriptions regardng the air I
r},ghts, garage. and walkways. To keep things sjrnpl~ we should provide for a quit
claim. deed from the City and the eRA for all rights aB soon as we close on the l
second half of the garage. This agreement or modification to one of the existing
agreements should be agreed to now.
--So Please call me to review the Schedule "8" - Seeton n ex~tions you will be
deleting at closing. We will require that the survey exception be deleted so lets . &, .
be sure. of course,_ the survey endorsements are satisfactory to you for this or,
PUl.'pOsc. What arc the Special DiHtrict Assessments? / (~ l )
9. Should we hav~ an acceptance to the assignment of the insurance claim for the 'd!::t~{\ .
walkway? It is critical that this 100g awaitoo repair gets completed as soon as rr'
possible. _ ~ ~ ~~-+o eLl> _
10. 'I have enclosed a brief outline (unedited) of the chain of title as compiled
from the title of exhibIts. Please revi~w for accuracy. We will be talkiog daily
to keep the documents rolling.
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Nov. 17 '93 16:38
? IlUlt I~l~~
0000 RICHARDS,GILKEY P.A.
li~NrU/(lUN TOWE~ LTD
I
TEL 813-446-3741
FAX NO:.tIU'fP~48arr-'" .\. P. 03
:DRAfT
P. 5
..
WILLIAM Ml\.CK., DAVID MACK, AND 1aRL I. MACK 'PRI~CIPALS AMO LOAN
(GUARNTORS)
1. . DEVELOPMENT AGREEMENT (R.!t>!VBLOPMENT) JULY 14, 1983
see legal descriptions
:2. AMEND~ TO DEWLOPMENT .. JULY 20, l!HH.
SUBSTITUTING LETTER OF CREDIT
3. WARRANTY DEED OCTOB!R ~9, 1984
eRA '1'0 JK FINANCIAL
LOTS ~ I 2 , 3 , AND 4 BLOCK 13 WITH Al'.,LEYWAY
RAILROAD RIGHT OF WAY
SUBJECT TO DBVEL. AG1U:EMENT
4. CONDITION~ ASSIGNMENT OF MUNICIPAL AGREEMENS J.2-1.1-8'
JK FINANCIAL BORROWER TO CITICORP LSNDER
5. WARRANTY DEED JULY 10. 1996 - purported non-exC::lusivp..
easement (~ubjec to development agreement)
en TO JK FINANCIAL
TRANS~Ea OF AIR RIQIITS,
CHECK LEGAL DESCRIPTION _
,,6 . ASSIGNMEN'r AND ASSUMPTION OF MONCIPAL AGREEMlmTS "12-~O-87
JK FINANCIAL ASSIGNOR 'l'O MArtIA ASSIGNEE
7. ?? NO CONS:!NT {DEVELOPMENT AGREEMENT REQUIRES WRITTEN CONSENT OF
BOTH eRA AND CITY -- WI:mRE IS IT?????
a. ASSIGNMEm' AND ASSUMPTION OF MUNICIPAL AGREEMEN1'S - MAY 31, 86
MARIA RnL ESTATE ASSIGNOR.. TO MACK ASSIGNEE
WITH OFFSET AVAILABLE TO ASSIGNOR IF
ASSIGNE!2 DOES NOT PAY ??
OPl'SE'l' AGAINST CITYCORJ? t)l!iST OR GUARANTY
9. CONSEN'!' TO ASSIGNMENT UULY 8, 1~88
SIGNED BY CITY AND eRA
ESTOPPB~ THIS TIME RiFERtNCES SPECIFIC
(t'
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0000 RICHARDS,GILKEy' P.A:
OF"~IO" TOWER LTD
I
TEL 813-446-3741
FAX NO, 407~488-1 r
P. 6
Nov. 17 '93 16:38
NOV-15-93,J1ON 15; 36
I
P;]4
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PARAGRAPHS
10. ASSIGNMBN"I' MAY 1, 1990, MACK TO MARIA JUiAL SS'I'ATR
ASSIGNED OEWLOP!4em" AGMT. ,LmASB OF
OP GMaGE I PARKING t)JfVEL MONIC AC3MTS
ll, CONSEN'l' TO ASSlcrnMBNT AUGOS'1' 21, 19.90
StGNED BY CI'l'Y' AND CRA
ESTOPPEL AOR2EMENTS CO'R.RENT IN FORa:
PAID C'ORB.EN'J.'
:1.2, WARRANTY DEED MARCH 29, 1993
MARIA REAr.. ESTATE '1'0 ern OF CLEARWATBR
SEE PRRMITED ~XCEPTIONS .
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FROM:
CO PIES:
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CITY OF CLEARWATER
Interdepartmental Correspondence Sh t
Kathy Rice, Deputy City Manager 8' <=\.
Ream Wilson, Director, Parks and Recreatio D - ('T..J,\TED
~ael Wright, City Manager
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SUBJECT: Downtown Clearwater Association/Festival
DATE:
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October 15, 1993
Attached is a letter from Ms. Mary Devine reg~rding a
festival the Downtown Clearwater Association would like
to conduct on Cleveland street on )to v 8mber: 20.
Ms. Devine is asking that the city of Clearwater
co-sponsor the event, approve the closing of Cleveland
street, waive all city fees, and offer support of the
Parks & Recreation D~partment. For your information, I
have sent a letter and, "Special Eventtl application to
Ms. Devine asking her to complete the application and
return it to me as soon as possible. Once I receive the
application, we will be in a position to determine what
city costs will actually be. In the meantime, I thought
you might want to distribute copies of Ms. Devine's
letter to city commissioners to inquire as to whether or
not they would be in favor of waiving fees.'
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Please contact me if you have any questions or if I can
provide further information.
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Attachment
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DOWNTOWN
CLEARWATER
ASSOCIATION
POST OFFICE BOX 1985
CLEARWATER, FL 34617
RECEJ\7p:r)
OCT 1 :1 fS:J.1
Cit'Y t\1!I:E~9 "r
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Mr. Mike Wright
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618
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October 11, 1993
Dear Mr. Wright,
One of the goals of the Downtown Clearwater Association in 1993 is to bring m~re people to the
downtown through promotional events. As part of fulfilling that goal, the DCA would like to
have a street festival and concert on Novemb~r 20 from 5-11 p.m. For this event, we respectfully
request that the City of Clearwater co-sponsor the event ~y approving the closing of Cleveland
Street from Myrtle to Osceola, waiving all associated city costs, and offering the support of the
Parks & Recreation Department.
We at the DCA appreciate very much the citY's participation in our past events. We believe by
working in tandem we can use our combined resources to better achieve our common goal of '
promoting our city and downtown.
Please call me if you have any questionson this matter. Thank you in advance for your
cooperation.
Sincerely,
. m6-~{p ~
Mary A. DevIne ' "
President
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AGENDA
DATE
II
IX - 9.8
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MEMORANDUM
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TO:
City Commission
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Kathy S. Rice, Deputy City Manager
COPIES:
Michael Wright, City Manager
SUBJECT:
Facility Analysis of Barnett Bank Building
Prepared by Fowler Associates Architects, Inc.
DATE:
November 12, 1993
Attached is the Facility Analysis of Barnett Bank Building report received today. This report will be
compared with the contract with Fowler Associates to make sure all the elements are included.
We will have a staff report from Police and Building Maintenance about (1) whether it is feasible to
purchase this building and (2) what price we would need to offer to make it cost effective to purchase
this building.
You will be kept up to date.
Attachment
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1111
II
. FOWLER ASSOCIATES ARCHITECTS, INC. .
. 1421 COURT STREET. CLEARWATER, FLORIDA 34616 . 813-449-2021 .
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FACILITY ANALYSIS
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OF
BARNETT BANK BUILDING
1150 CLEVELAND STREET
CLEARWATER, FLORIDA
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8. PLUMBING
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10. FIRE SPRINKLERS
TABLE OF CONTENTS
BARNETT BANK BUILDING ANALYSIS
1. INTRODUCTION
2. DESCRIPTION
3. SITE
4. STRUCTURAL
5. ROOFING
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6. GLAZING AND WATERPROOFING
7. HVAC
11. AMERICANS WITH DISABILITIES ACT
12. ENVIRONMENTAL
13. OPERATING COSTS
14. PHOTOGRAPHS
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11 November 1993
Ms. Kathy Rice, Deputy City Manager
City of Clearwater
P.O. Box 4748
Clearwater, Florida 34618-4748
Re: Barnett Bank Building Analysis
1150 Cleveland Street, Clearwater, Florida
Dear Kathy:
We have examined the above referenced property per your request for
structural integrity, function and conditions of the electrical and
mechanical systems as well as the condition of the various building
components, with the intention of the City Police Department being
relocated to this facility. Special attention was given to the roof,
bri~k sills, glazing and any potential high maintenance areas.
A thorough wa1k-thru of the unoccupied areas of the building was
conducted on the morning of 8 November 1993. The following are
summaries of the areas studied as well as photographs of items of
concern.
The following consultants took part in this analysis as well as
several members of City Staff including William Baird and Chief Sid
Klein:
Structural:
McCarthy & Associates
Michael McCarthy, P.E.
Roofing:
C.A. Goldsmith & Associates
Charles Goldsmith, AlA
Electrical:
M.P. Spychala & Associates
Michael Spychala, P.E.
Mechanical:
C.E.A.
Jim Kill, P.E.
Ric Martin
. FOWLER ASSOCIATES ARCHITECTS, INC, .
. 1421 COURT STREET . CLEARWATER, FLORIDA 34616 . 813-449-2021 .
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A general discussion was held with Chief Klein and staff as to
additional parking areas that may be required and building expansion
potentials. Preliminary thoughts centered around the possibility of
expanding the parking to the C.E.T.A. property to the east, and an
elevated structure above the north parking lot which could be occupied
by the communications department with the possibility of adding future
floors. These ideas should be studied in greater detail should the
City choose to investigate this option further.
In addition, acknowledgements should be given to Citizens Bank of
Clearwater, Arnold Associates, Inc. and Creative Contractors, Inc.
whose input was very helpful in assembling this report.
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2. DESCRIPTION
Zoning: UCE (Urban Center District- Eastern Corridor)
Land use: ODD (Downtown Development District)
Parking Provided: 126 Spaces (3.8/1,000 SF)
Parking Required (per L.D.C. 136.022): 164 (5.0/1,000 SF)
Building: 4 Story
45,053 Gross SF
32,848 Leasable SF
F.A.R.: .37
F.A.R. Permitted (per L.D.C. 135.146): 3.0
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The subject property;s a four story brick and glass office building
constructed in 1984 in a contemporary architectural style. Site
improvements include brick walkways and decks, lush landscaping around
the building and parking areas, as well as two reflecting ponds. The
interior of the building has brick pavers and a 4 story glass atrium
on the north side.
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Barnett Bank previously occupied the first and second floors of the
building. On 30 March, 1993, they vacated the premises and relocated
the branch to 600 Cleveland Street. The subject property contains
four drive through lanes, a bank teller window and an overhead
pneumatic tube system.
Location: The property is located on the north side of Cleveland
Street, approximately 420 feet west of Missouri Avenue in the City of
Clearwater, Pinellas County, Florida. The property is identified with
a Mailing address of 1150 Cleveland Street.
Access: The subject property has three points of access:
* Cleveland Street - 75 foot right-of-way off north side.
* N.E. Cleveland Street - 66 foot right-of-way off south side.
* Grove Street - 50 foot right-of-way off the east side.
Site: 120,345 t SF (2.76t acres) The site is irregular in shape with
approximately 296 feet of frontage on the north side of Cleveland
Street and approximately 183 feet of frontage along N.E. Cleveland
Street and Grove Street.
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3. SITE
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The parking lot, plazas, landscaping, irrigation system, and lighting
appear to be in relatively good condition with the fo)lowing
exceptions:
1. The parking lot surfaces should be resealed and re-striped to
protect the asphalt and base from deterioration. See Photo #1.
2~ Several pavers are loose or missing from the plaza areas and
should be replaced as they represent a potential tripping hazard
to pedestrians. See Photo #2.
3. Discoloration of brick work at fountains is apparently from
improper water treatment. While this is a matter of aesthetics.
and can be corrected, it is evidence of the current owners'
neglect of proper maintenance.
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4. STRUCTURAL
The building was deemed to be structurally sound. The engineer noted
that the live load capacity of the floors is 100 pounds per square
foot, which is 43% greater than that required by Code for offices.
He further noted that, although it is not a structural issue, there
are several areas where brick and/or mortar cracking has occurred, but
noted that this is not unusual in a multi-story building.
We are concerned, however, that some poor quality repairs were
attempted on cracked mortar joints in several places throughout the
building. Acrylic caulk was used to repair mortar joints in some
areas instead of the proper method of removing the mortar and
re-pointing with new mortar. See Photos #3 & #4.
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5. ROOFING
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The roof and water proofing of this building is clearly an area of
concern. The roof is a single ply roof which is the most prevalent
roof in use in this country today on commercial and industrial
bUildings. It was a relatively new application in Florida at the time
this building was built in 1984. At that time, many of the fabrics in
use for this type of roof were susceptible to solar deterioration.
Earlier investigations by roofing contractors led us to believe this
was the case. However, preliminary investigations by Chuck Goldsmith
indicate that the membrane is in relatively good shape and should last
another 5 to 7 years with proper maintenance. Several areas of
standing water were observed and need attention. See Photos #5 & #6.
This consultant is in contact with the original manufacturer of the
roof as there is currently 10 months left on the original roof
warranty. An on-site inspection will be conducted 11/11/93 to
investigate the availability and costs of extending this warranty
another 5 years. The results of this meeting will be reported to the
City as soon as they are received by this office.
Additional non-destructive testing of the insulation is recommended to
determine if any moisture exists under the roof membrane.
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6. GLAZING AND WATERPROOFING
The laps of the coping on the brick parapet requires attention in the
form of removal of the existing caulking, cleaning and re-caulking
with a quality urethane caulk. See Photos #7, #*, #9 & #10.
Upon viewing the strip window system on all floors from the interior
of the building, there does appear to be minor damage to the drywall
around the windows due to water leaks. This is evidence of sealant
breakdown or absence of proper end dams at the ends of each strip
window due to the rust appearance around the windows in areas of the
surrounding trim. Without removing glass, it is difficult to
determine the magnitude of the problem. What is of concern is that
this system is only perimeter sealed at the exterior and, therefore,
relying on joint sealants to prevent water penetration. See Photo
#11.
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Unfortunately, after a period of time, usually within 5 years,
urethane sealants, after continued UV exposure, will break down,
crack, harden, and fail and must be replaced.
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The vinyl gasketing within the glass ~ystem also appears hardened and,
in some cases, has shrunk leaving voids through which water can
penetrate. See Photo #12.
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The sloping brick sills below the fenestration show signs of mortar
shrinkage indicted by hairline cracks. A review of the architectural
drawings indicate 15# felts on gypsum sheathing with fabric flashing
and weep holes at 8 feet on center under the brick sill. Limited
destructive testing would confirm this condition prior to addressing a
solution. See Photos #13 & #14.
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The curved atrium glazing requires that the caulking be removed and
recaulked and the replacement of damaged fiberglass panels if not
completely removed. Evidence of water infiltration is apparent from
the chalking on the west wall brick. See Photos #15, # 16 & #17.
Water damage ;s evident at the 4th floor stair tower. We understand
that the problem has been corrected, however, the damage has not been
repaired. See Photo H18.
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7 . HVAC
The HVAC System consists of one 125 ton air cooled reciprocating
chiller and five vertical draw thru air handlers with remote electric
duct heaters for some individual control and a return air plenum.
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Chiller Carrier Air Cooled Reciprocating, Model 30GB125620
SS #N491249
CONDITION:
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Coils & Fins: Very bad deterioration due to attack of salt air.
Compressors: Four compressors appeared to be in working order. 1
compressor has a serious oil leak.
Controls: Appeared to have been tampered with.
Fans: Appeared to function correctly.
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1st Floor East End Air Handler Carrier, Vertical Draw Thru, Model
#39ED11 veSl FCS2, 5S #1984-T-19760
CONDITION:
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Coils: Appeared to need cleaning.
Controls: Appeared to function. Return air sensor operates a 3-way
chilled water control valve. A static pressure sensor
operates the supply air damper, room stats control electric
duct heaters.
Fans: Appeared to be in good condition.
Filters: Appeared to have been changed recently.
Drain: Appeared to be piped directly to the sanitary with no P-trap.
(Note - Air handler may drain poorly and draw in sewer gases).
Outside Air Intake: Damper was not interlocked with air handler and
electric duct heater is mounted to it.
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1st Floor West End Air Handler Carrier, Vertical Draw Thru, Model
#39ED23 HJF VCS FCS2, 55 #1984-T-19758
CONDITION:
Coils: Appeared to need cleaning.
Controls: Appeared to function. The return air sensor operates the
3-way chilled water control valve and room stats control
the remote electric duct heaters.
Fans: Appeared to be in good condition.
Filters: Appeared to have been changed recently.
Drain: Appeared to be too shallow.
(Note - Return air opening into Mechanical Room has sound baffles
mounted in it. There;s no outside air intake ducted to the
unit).
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2nd Floor Air Handler Carrier Vertical Draw Thru, Model #39E023 HVF
VCS FCS2, SS #1984-T-19775
CONDITION:
Coils: Appeared to need cleaning.
Controls: Appeared to function. The return air sensor operated the
3-way chilled water control valve, the static pressure
sensor operates the supply air damper and the room stats
control the electric duct heaters.
Appeared to have been changed recently.
Appeared to be too shallow.
The chilled water supply was piped into the bottom of the air
handler and the return out of the top).
Fi 1ter:
Drain:
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4th Floor Air Handler Carrier Vertical Draw Thru, Model #39ED29 HVF
VES FCS2, SS #1984-T-19754
CONDITION:
Coils: Appeared to need cleaning.
Controls: Appeared to function. Return air sensor operates a 3-way
chilled water control valve, a static pressure sensor
operates the supply air damper and the room stats control
the remote electric duct heaters.
Fans: Appeared to be in good condition.
Filters: Appeared to have been changed recently.
Drain: Appeared to be too shallow.
(Note - The chilled water pumps were located in the Mechanical Room,
but no chemical treatment system was observed and the outside
air intake main duct had an electric duct heater mounted on
it) .
Exhaust Fans: Roof top covers and supports have rusted thru in areas
and need replacement. See Photo #19.
Summary - Air Handling System:
The five existing air handlers appear to be in good condition. We
would recommend cleaning the coils and balancing the air. The
building was slightly under negative pressure and the outside air
intake was not interlocked with the air handlers to shut-off with the
units. Poth conditions could create humidity problems, but can be
resolved with a good test and balance. Also, the controls may need
some calibration.
Two major areas of concern are:
We found some serious problems with the equipment on the roof. The
two small Carrier units have the bottoms rusting out quite badly. The
Carrier chiller has a major problem. The air cooled condenser coils
are deteriorating quite badly and the fins are disintegrating. This
condition causes the compressors to maintain high head pressure, high
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liquid temperature, and high amperage. This, in turn, causes the
chiller operating costs to increase dramatically. The five
compressors look like the original compressors. One compressor has a
bad 0;1 leak and two compressors were not running due to low ambient
temperature outside.
Also of concern is the lack of water treatment. If there is no
treatment or if there is and it has not been regulated correctly,
there could be damage to the chiller barrel, the compressors and all
of the air handling unit's co;ls. Without the proper water treatment,
the existing system may have already exceeded its life expectancy.
Also, a balance of the water system is recommended.
In closing, we would not recommend installation of all new air cooled
condenser coils. There would still be a 10 year old unit sitting on
the roof.
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8. PLUMBING
Upon
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chi pped. The
bibs and bar sink
found the following: All toilet
lavatory faucets, water closet
waste are in need of maintenance
The size
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Mr. Stephen Fowler, President
FOWLER ASSOCIATES ARCHITECTS, INC.
1421 Court Street
Clearwate~, Florida 34616
Re: BARNETT BANK BUILDING - Clearwater, Florida
November 10, 1993
Dear Steve:
On Monday, November S, 1993, a visit was made to the existing four
(4) story brick building on Cleveland Street in downtown Clearwater
which was formerly occupied by Barnett Bank. The purpose of this
visit was to explore the feasibility of using this building to
house the Clearwater Police Department. The following is a summary
of our findings.
1. Electrical Service Entrance - The building is being supplied
with electricity from a pad mounted transformer located near
the southeast corner of the building. The transformer is a
500 kva, 277/480 volt wye connected transformer. Metering is
done through current transformers and is displayed on a
pedestal mounted meter adjacent to the transformer. Service
entrance conductors run underground from the transformer to a
main switchboard located on the first floor in a dedicated
electrical room approximately fifty (50) feet from the
transformer. Florida Power Corporation was contacted and it
was discovered that the peak demand on this transformer
occurred during the summer and was recorded at 312 kw. This
corresponds to an amperage of 375.3 amps.
, 2.
Electrical Distribution - The main switchboard is located in
a first floor electrical room on the south side of the
building. It is a Square 'D' Company fusible switch type
swi tchboard with a 1200 amp bol ted pressure switch main
containing ground fault protection. The branches are QMB
fusible switches in separate sections of the board. The
branches are used to supply distribution panel boards and the
rooftop chiller, elevators, automatic transfer switch and a
dry type transformer. The equipment is in excellent condition
and there is room in the board to add more branch devices, if
necessary. There are several code violations in the main
electrical room which may have to be dealt with. The code
violations have to do with the working space in front of and
around the electrical equipment. There is not enough space in
front of the swi tchboard to provide 42" of clearance as
required by National Electrical Code Article 1l0-16( a). Also,
()HG t\ lAIN ST. · St'ITE I) · S.\"" .:TY II. \HI\()J t Fl. :~.I(in:l . (Hn) 720-':\1)1 Jl . I ~A\ (HO) 7:!:..:!nO:!.
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Barnett Bank Building - Clearwater, FL
November B, 1993 Site Visit
Page two
Electrical Distribution continued.
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there is only one entrance to the electrical room but the
swi tchboard is rated at 1200 amps and is over 6' -0" wide.
This installation would require two entrances to the
electrical room as required by Article 110-16(c). I do not
see a practical way to correct these violations without major
reworking of the electrical distribution system. It might be
possible to request a variance from the code from the building
department to leave this equipment as is.
On the upper floors, there are electrical panels located on
each floor to handle both 277/480 volt loads and 120/208 volt
loads. There does not appear to be any problem with the
capacity of the distribution equipment.
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Emergency Power The existing building has a roof mounted
diesel generator Onan Model 125.0DYD-15R, rated at 125
kw/156 kva. It is mounted on rails and has a small day fuel
tank mounted to the unit. The generator is in a weatherproof
enclosure and the exhaust muffler is mounted on top of the
enclosure. The generator appears to be in good condition and
no obvious problems were discovered. The main fuel tank is
apparently buried underground on the site but it's exact
location could not be determined during this visit. Documents
on this tank indicate that it has fuel capacity of
approximately 540 gallons. A small fuel pump located in the
fire pump room pumps the fuel from the main tank to the roof.
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An automatic transfer switch is located in the main electrical
room and the output is connected to an emergency distribution
panel. The generator supplies emergency power to the fire
pump, elevators, fire alarm system and emergency/exit lights.
It is adequately sized for these loads but would not be large
enough for the anticipated emergency loads required by use of
the facility by the Police Department. In discussions with
Mr. 8111 Baird, the Director of the General Services
Department for the city of Clearwater, it was determined .
that the emergency communications systems in use now for the
Police Department have a load requirement in the neighborhood
of 225 kw. A second generator would be required at this
facility to handle this type of emergency load.
Fire Alarm System The existing fire alarm .system is a
Unimode Model 4520 control panel located in the first floor
fire pump room with separate zoning for each floor and for the
pump room. It has separate signal zones and there is room for
adding three more modules for expansion. The panel itself is
very crowded and if expansions are necessary it may be
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Mr. Stephen Fowler, President
Barnett Bank Building - Clearwater, FL
November 8, 1993 Site Visit
Page three
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beneficial to increase the cabinet size to allow for better
wire management. There is a Sonitrol monitoring connection to
notify the monitoring station if a change in status occurs.
Pull stations and signal devices have been installed on each
floor and minor additions and modifications would probably be
required under a remodeling plan. The one deficiency that I
noticed had to do with the elevator system. Current codes
would require a different fire alarm set up for controlling
the elevators than is currently installed. At the time the
building was built, these requirements were not applicable.
They have come into effect after the building was built.
Fire Pump The exist~ng fire pump is a 50 HP Sylvania fire
pump with a matching Sylvania fire pump controller. The
system does not have a separate dedicated automatic transfer
switch as required by NFPA 20. The On an automatic transfer
switch connected to the output of the generator also serves
the fire pump. Unless this combination has been tested and
U. L. listed for fire pump use, there may be a problem.
Further research would be required to determine if the
existing installation meets NFPA 20 requirements.
Ligh~ning Protection System The building has a lightning
protection system installed on the roof. It has fallen into
'disrepair and would have to be repaired to be brought up to an
acc~ptable installation. There are several damaged and or
missing air terminals and many of the mounting plates are
coming loose or have been torn from their moorings. There is
cable missing from the east end of the building and
terminations will have to be remade in many instances. The
problems are, however, relatively easy to fix.
Interior Lighting and Receptacles - The interior lighting is
in very good condition. Most of the facility is supplied with
energy efficient fluorescent lighting. There are some
incandescent light fixtures and some high intensity discharge
type light fixtures, probably metal halide type. Some of the
corridors on the upper floors were dark and could use more
lights. The exit lighting was very visible in the corridors
but was lacking within the tenant spaces. This could be
corrected during remodeling. Receptacle layout was plentiful
and changes could be easily made during remodeling. There is
an under floor trench system in the first floor located on the
north end of the banking area. This can be used for both
power distribution and communication wi'ring.
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Mr. Stephen Fowler, President
Barnett Bank Building - Clearwater, FL
November 8, 1993 Site Visit
Page four
8. S1 te Lighting The site l.ighting appears to be adequate for
the parking on hand. There are poles in the center median and
around the perimeter of the parking lot. The condition of the
poles was good but some fading has occurred in the finish of
the poles. The lighting levels were not observable because
the visit was made during the day, however, if all of the
poles are in good working condition the light levels are
anticipated to be good.
Summary
The building seems well suited for the intended use. There is
adequate electrical capacity in the normal distribution system
and each floor has electrical panels suitable for the
anticipated loads. There are some code violations which need
to be addressed, but they are not insurmountable. The
emergency generator is adequate for the existing emergency
loads but will not be large enough to handle the expected
demand from use by the Police Department. A second generator
with associated distribution equipment would be required to
handle this load.
The fire alarm system is adequate but modifications would be
required due to remodeling. There are questions still to be
answered on the fire pump automatic transfer switch
requirements but the system as installed now, is operational.
The lightning protection system needs to be refurbished but
practically every thing already in place is salvageable.
Interior remodeling can be accomplished without too many
problems and additional site work may be required to meet
Police Department requirements.
In conc~usion, I feel that this building would be acceptable
for use by the Police Department even though some major work
would be required in the emergency distribution system. I
don't anticipate any other major problems with the adaptation
of the electrical systems in this building. '
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Prepared by: MiCh::l{7P. Spychala P.E.
Florida Registration No. 31533
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COMPLETE FIRE SPRlNKLEn SYSTEMS rOR:
COMMERCIAL, INDUSTRIAL, INSTITUTlON^L AND RESIDENTI^L
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T h 8 F i Y' e SpY' in\:: 1 C':~ r s y ~ t: P. m i 5 .i 11 t C'1n P 1 i an c e wit h N r p ^ 1. 3 .
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11. AMERICANS WITH DISABILITIES ACT
Relatively few architectural details do not comply with the new ADA
legislation. These items are:
Location
eliminate
vehicles.
of the disabled parking spaces must be rearranged so as to
disabled individuals from passing behind any parked
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needs to
entrance.
on the north side of the building from the disabled spaces
be modified and a ramp is required at the South front
The vestibule leading to the restrooms does not comply. The suggested
solution would be to remove the inner door to the path of travel thus
eliminating the non-conformity.
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The length of the toilet stall for the disabled must be increased from
60 inches to 69 inches still leaving a 48" minimum in front of stall.
All door handles in the building must be changed to lever type
handles. The entrance doors at the north side must be modified with
delay-type closures or install automatic openers.
:'f' The ends of all the stair railings must be modified with a radius
l~ treat~ent.
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Raised and Braille character signage must be installed throughout.
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12. ENVIRONMENTAL
Citizens Bank of Clearwater hired the firm ATEC to conduct a Phase I
Environmental Site Assessment in May of 1993. A copy of the
"Executive Summary " and "Conclusions and Recommendations" follows.
If additional information or a copy of the complete assessment is
requested, please contact this office or Citizens Bank of Clearwater.
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EXECUTIVE SUMMARY
In April 1993, A TEe Associates, Inc. (^ TEC) performed a Phase I Environmental Site
Assessment of the Barnett Bank Building site, a 4-story office building, located at 1150
Cleveland Street, Clearwater, Pinellas County, Florida, referred to as the "site." The
objective of this assessment is to identify potential environmental concerns associated with
the site. To achieve this objective, the assessment included visual observations of the site
and limited observations of surrounding properties, review of historical ownership and
land use, review of regulatory database listings, interviews, and related sources.
OUf assessment did not reveal evidence of on-site aboveground storage tanks (ASTs),
polychlorinaled biphenyls (PCBs), hazardous materials or chemicals, adjoining property
uses or agency records of actions or conditions which might impact the site.
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^sbes~us-containing material (ACM) was identified at the project site ~n the form of pipe
wrap. Due to the generally good condition of the materials at the site, removal of these
materials is not recommended. Roofing materials were not sampled in accordance with
the project scope of services and should be assumed to be ACM until documented
otherwise. Likewise, due to the limited number of samples taken, in compliance with the
client scope of services, a more comprehensive survey may be required to further qualify
and quantify the potential for on-site asbestos-containing materials.
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An Operations and rvfaintenance (0 & M) Program should be implemented to maintain
the condition of the assumed suspect and identified materials on site. If renovation or
demolition activities are likely to cause the disturbance of the ACM, removal of these
materials is recommended. Removal of these materials, if required, should be done by
a State of Florida licensed asbestos abatement contractor in accordance with applicable
federal, stale, and local regulations. Specifications for the removal of the asbestos-
containing rnaterials should be developed, with project and air monitoring performed to
document that proper work practices would be foHowed.
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Review of the Polk's Clearwater City Directories revealed a one-hour dry cleaner was
located on the site from 1955 to 1971. Since it was a one-hour cleaner it is likely that
dry cleaning took place on the site. Dry cleaners use solvents and generate a ha7..ardous
waste $~ieam. If a higher confidence level is required to investigate potential impact from
the dry cleaner, a subsurface investigation should be performed which would include soil
borings and the installation of monitoring wells and the collection of soil and groundwater
samples for laboratory analysis. Refer to Section 5.0 for detailed recommendations.
There was one unregistered underground storage tank (UST) identified on site used to
store diesel fuel for the emergency generator. This UST is not registered with the Florida
Department of Environmental Regulation. A subsurface investigation was performed
around the tank. Soil borings were installed around the tank and soil samples collected
and screened with an organic vapor analyzer. The soil screening did not reveal
excessively contaminated soil as defined by Chapter 17-770, Florida Administrative Code
(FAC). The OV A readings were 0 parts per million (ppm) from the soil collected around
the tank. A TEC recommends this tank be brought into compliance with FDER
requirements governing underground storage tanks which includes tank registration.
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ATEC suggests upgrading tank standards as recommended in Section 5.0 to limit lang-
. term liabilities.
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5.0 CONCLUSIONS AND RECOMMENDATIONS
This Phase I Environmental Site Assessment included a site visit to the Barnett Bank Building,
site, a limited asbestos survey, a review of the previously listed available environmental databases
and related agency information for the site and surrounding properties, historical land use,
interviews, aerial photographs, published geologic information, and other related items. This
information was used to evaluate existing or potential environmental impairment of the site due
to current or past land use disclosed by this evaluation.
Asbestos-containing material (ACM) was identified at the project site in the form of pipe wrap.
Due to the generally good condition of the materials at the site, removal of these materials is not
recommended. Roofing materials were not sampled in accordance with the project scope of
services and should be assumed to be ACM until documented otherwise. Likewise, due to the
limited number of samples taken, in compliance with the client scope of services, a more
comprehensive survey may be required to further qualify and quantify the potential for on-site
asbestos-containing materials.
An Operations and Maintenance (0 & M) Program should be implemented to maintain the
condition of the assumed suspect and identified materials on site. If renovation or demolition
activities are likely to cause the disturbance of the assumed ACM, removal of these materials is
recommended if no further documentation of asbestos content is pursued. Removal of these
materials, if required, should be done by a State of Florida licensed asbestos abatement contractor
in accordance with applicable federal, state, and local regulations. Specifications for the removal
of the asbestos-containing materials should be developed, with project and air monitoring
performed to document that proper work practices would be followed.
Our findings indicate an approximately 550-gallon UST used to store diesel fuel for the
emergency generator is located on the site. The liST is a potential source of on-site subsurface
contamination. A subsurface investigation consisting of soil boring and soil screening with an
OV ^ revealed no excessively contaminated soil was detected. By December 31, 1998 the
emergency generator tank will need to be upgraded or closed in accordance with Chapter 17-761,
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FAC-Underground Storage Tank Systems regulations. These requirements include spill
containment around the tank fill pipes, overfill protection and dispenser liners, secondary
containment for integral piping and secondary containment for storage tanks not protected from
corrosion. Chapter 17-761 also requires that the tank currently needs to be registered with the
FDER. Leak detection is not currently required; however, it is recommended to reduce liability.
This could be implemented by the installation of two monitoring wells around the tank and
monthly monitoring of the wells. A TEC estimates the installation of the monitoring wells not
to exceed $2000.00. The maximum depth of the monitoring wells allowable is 18 feet, according
to Chapter 17-761, F AC. Since the water table level at the site may exceed 18 feet, monthly
vapor monitoring of the wells may be required.
Due to the historical land use (dry cleaning facility) and the lack of knowledge of waste
management practices of the site, there is a low potential that the site may have been impacted
by the former dry cleaning activities. If a higher confidence level is required A TEe recommends
two soil borings and two monitoring welts be installed (one well could be one of the suggested
monitoring w~1is around the existing UST) and sampling and analyses for purgeable halocarbons
(EPA Method 601). The estimated cost for these additional services will not exceed $2,600.00.
This is based on normal turn-around time of three weeks. A formal proposal can be submitted
by ATEC upon request. The cost may be r~ducedif performed simultaneously with the UST
recommendations.
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13. OPERATING COSTS
Amended 11/12/93
The following operating costs have been provided by Barnett Bank" of
Clearwater.
1992 1993 (Budgeted)
Utilities 106,406 109,900
RE Taxes 82,376 85.582
Janitorial* 39,323 43,709
Building Other** 75,778 70,000
. .:Totals 303,883 309,191
*Janitorial includes a day porter.
**Building other includes:
~aintenance, HVAC, pest
. . contracts.
landscaping, fountain maintenance, elevator
control and any other building service
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AGENDA
DATE-1J
11
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ITEM
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NO.J-08-1993 10:29 FRCM CITY OF CLW. B-IGII'EERING
ApM24-t>8
TO;
TBRU:
FROM:
DATE:
SUBJECT:
TO
94626728
P.02
3'1 ~
CITY OF CLEARWATER
Intenlepa\'tmental Manora>>dum
Michael Wright, City Manager
~~c~.
W.C. Baker, Publie Works Director
f1l ~ ~ Millor, AsSstant Dii-~otor of PubUo Works/ENV
~Y~;:~embcr 2, 1993 .
,
Sensitive Environmental Lands Definition
Bl1viromnental Management has been requ.est~ to provide the subject definition to you for review and dtsCUSPOXl
with the City Commission. please accept the following as our draft defmitiol1 t)f Seu$itive Environmental Lmds
in Cleazwater,
Environmentally Sensitive Lands thall mean those properdi1S OT portions 0/ propertit$ thQt contain water or land
!tatUTts of uniqut vczlut! to t12e welfore of UJB citizens of Clearwater (Jr to the (ksirab/e members 01 the ~lant (H'
animal community.
EX4lt(PLES
. a. Propertks containing rare, endangered or tJmarC1t6d specitJs of speciai concern (IS.listed by the U.S. Fish
and Wildlife Service, tha Florida Game ~d Freshwater Fl.yh COmmission, and the Tampa Bay Regicnol
Planning Cowtci/;
b. UIJdeveloped propenies consisting of plant t1Ild animal species native to Clearwater and vulnerable to
development pressure;
c. Properties with unique resources or features that whUc native to Florida an. uncommon in C/earwat~r and
vulnerable to loss;
. d. . LWld$ containing sigt~iJlcam archaeological 01' historical attribu~.
e. Properties representing significantly altered ecosystttnS which could bt rutcred to provide significant habitat
to .rupport or protect endangered or threatened species of special concern, or which could be p~e1Wd or
e~Jhanced to protect water quolity and quantity, or which provide protection for fiSh and wildlife hfiPitat but
which cannot be ad~qua.tely protected through existing regrdacory progrf11118j
r. Properti~~ which provide valuable access,' land lirtkr, buffer zones, or additions to existing eIJvi1'Cmnenti21ly
sensltfve lands and which are essential fot the protection and mtZ1lagement of those environmentally
sensitive lands;
g. Propc11.ies located c;cntfguol.lS to nCttUraI streams or a primary floodway which, if ownec:l'by the C;~ c~d
be used as a natural floodpla.in, mars'J~ or estuaryl'
h. Pl'Op~Tties thar if not purchased, would san'ous'y impair the Qty of Clearwater'S abilit)' to manage OF
ot]Jerwi$e protect nearby 6nvircnmCrltally lCMSllive public properly; .
, I
i .
I, Properties deemed desirable lor utilization as a groundwater recharging ~a t)T J'C.labh! weztusupply.
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CITY OF CLEARWATER
P.O. BOX 4748
CLEARWATER, FLORIDA 34618..4748
'City Commission
:.,' .
~ ~ .
CONFIDENTIAL :MEMORANDUM
TO:
Micbael Wright, City Manager
FROM:
Fred A. Thomas, Commissioner
, DATE:
November 5, 1993
, COPIES TO:
Mayor, Commissioners
.----................................................-.....-.-----------..- ------..-----...........---------......--------
Please make sure the attached Is on Monday's agenda. The date requested is September 27th.
This is long overdue for being on the agenda.
FAT/sr
RECEIVED
NOV 08 1993
CITY CLERK DEPl:
'"
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,6/1'd
90 :6l 86, S0 ^ON
,',
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.. 'ec:p 00 '93 1SI~
CITY OF CLEARWA.TER.
P.O. BOX 4748
CLBA.RW ATBR, PLOIUDA 34618-
, .
, City Conunisa1on
MEMORANDUM
DA'r.B:
City Manaler
Pred A. Thomas, Commissione
September 7, If)93
TO:
"
,
PROM:
COPIES:
stT.9J'EC'I':
Mayor t Commissioners
a -............ TF a.1I~........-..-...........---.....-...........
........_~__............If....a. T
Would you please conduot a stuOy on a1lland in the City of ClearwAter that is considered to bo
envitoaunentaUy sensitive, that l1at yet to be deve1opecl. List that land in ordet of prlorlty of
sensitimy to the environmetn. as well a:J potential pending ~ture develOpments.
Look at land that is nece.~Ijf fOt tho storm water ronoff'treatment program that 1$ underway,
. as well as lam! that is crl.tlcal to the cleaning of' our waWs through. manarove growth
" ,', cpportuftit.y. Look at land that is loaded with me species of trees.
Also, bring forward a list ot all funds available f()r the acquisition of this land that has been set
aside by varlous' non-proflt agencies throughout the c;ountry, like tbat btought forwaxd in the
debate on. the ZOM development. Also, any agencies that the Federal and State government that
", provide ftmcIs for purcba.Ses or the same type o1land..
I would SUlaest that you use county, state aM. federal agencies and non.-proftt agencies
throughout the Janel to help cooperate in thls project, so 83 to be able to accomplish it m the
shortest antOuo.t of dmo, wltb the least amount or tie-up of City staff time. I would assume that
this would take more than 8 hoUJS to ~mp1ish and therefore. the 8 hour ~ must be invoked,
and themore must be put befrxe. the City Commission for approval.
.
( " . '
,
Thia Ccamanisdoner do=s not want to fa.ce another ZOM d$ve1Opment, without tUst mMng all
ot the knowledge and all of the factS well in advance of what properties are endangered
, throughout our Ci~, and then be put into at cornet where he has JlO choice bu~ to vote for thO
development. It this property bad. been cited prior to the deve1o.Per brinslnB it forward, and it
ba4 been desi.inated. as SlJeh, the City could have h:ad better and stronger 01'dinancos on.
environmentelly aensltivo land. W~ m01Jld lOok at bav.b1g ordinances on env.ftoJlmcmtaJ1y
sensitive Jand. as well as general ordinances. Thank you.
l.'
PATIU
RECEIVED
NOV 08 1993
CITY ,-',: ~~ ';. ",s:"PT
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,
6/Z'd
90:6t E61 S0 ^ON
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NOV 08 '93 12:52
P.l 3~ b.
CITY OF CLEARWATER
P.O. BOX 4748
CLEARWATER. FLORIDA 34618-4748
City Commission
CONFIDEN'fIAL l\1EMORANDUM:
., : ;-j
TO:
Mayor, Commissioners, City ~fanager
. "".,
.... '"
. .. ..../..-
FROM:
Fred A. Thomas, Commissioner
1 ......, ';. ,'. ."
,,'.' i .~'':'~::.;':.~f
DATE:
COPIES TO:
November 8, 1993
~
Walgreens Rezoning at Morritt Center -lIercules & Gulf-To-Bay
---------------------.----------~------_~_____._________.______________~w__._________..~_______..__.______.____~___
IIeviewed the minutes of Ule Planning and Zoning Board where they approved this rezoning,
I called Mr. :Bi.ckerstaffe, who made the motion to approve this zoning, and asked him why he
would approve a zoning that was adjacent to High School and violated the 300 ft. distance.
Ris response was "they didn't have any choice because according to their instructions, they
cannot deal with anything that requires a varianceH. If this is true, that's rather stupid. Why
have a Planning and Zoning Board that can't deal with the laws and the rules of the City? What
are they there for in the first place?
I would like each and everyone of you to re-evaluate what is the charge and responsibility of
the Planning and Zoning Board:
· Do they not have the right to make judgements regarding the laws of our City?
. Do they not have the right to deny that approval without it having to come to the
Commission?
. Do they not have a right to say uwe are supporting the laws of the City and
intend to keep alcoholic beverage sales away from our schools and churches"?
. Why do we have the rule in the first place?
. Why do we have a Planning and Zoning Board that's not allowed to make
decisions about those roles?
· Why does the City Commission have to hear every single topic when the Planning
and Zoning had the opportunity to deny that request? ..
Now, it is a City Commission issue, and it should only be a City Commission issue if it is being
appealed by the applicant. \Ve certainly should give authority to our different Boards so that
they can make decisions based on the laws of our City.
Either the Planning and Zoning Board does not understand their rights and responsibilities, or
their rights and responsibilities are not clearly defined by the City Commission.
Please agenda this at the same time this issue will be up fo1' discussion.
FAT/sr
3q d
CITY OF CLEARWATER
P.O. BOX 4748
CLEARWATER, FLORIDA 34618-4748
City Commission
r"1 . . '':''''..~..
~ . ~~,
CONFIDENTIAL l\1EMORANDUM
[" \:,,' ':"'L'i~J'\1
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TO:
Mayor, Commissioners, City l\1anager
Fred" A. Thomas, Commissioner / ~
November 12, 1993 / 1/ ~
to, .... ... . ~ ,
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SUBJECf:
McMullen Booth Road/Marlo
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1. ~ r:J :.: _:
FROM:
('ITV C. ~.q\(
,-Jl . _~. u\
DATE:
.________~___________.____.___.~___--_________________~______.___~_._________M_______._____________________.______..
During the most recent 1\11'0 meeting, the special traffic light, during construction time on
McMullen Booth Road for Marlo Drive, was discussed. The MPO voted not to put up a stop
light. Three descending votes were Commissioner Seibert and Commissioner Parks of Pinellas
County, and Commissioner Thomas of Clearwater, because they wanted the stop light placed
thete.
It is my suggestion that we agenda this item for future discussion because the residents on Marlo
Drive within that subdivision are in trouble. r presume that there is something we can do. We
need to discuss this issue to see what can be done.
The MPO Majority Board was very critical of Clearwater for not building the road at Landmark
Drive so that the residents would not have a problem. They felt that the City should have built
that road and it's not MPO's fault that the City didn't build the road. I tried to explain that
building roads is an extremely expensive process an,d there was no urgent need for that road.
What is urgent is a temporary solution to the construction of McMullen Booth Road~ and that
is really what is causing the problem. We still lost the vote.
It was suggested to me by the Department of Transportation that the City has the right to put
a Policeman on duty during the special high traffic times when people are landlocked. It may
be considerably less costly to the City to consider when a Police Officer can be stationed in that
area during the special morning hours when residents are trying to exit the subdivision to go to
work, versus installing a stop light. That is another thing to consider.
I ask for this to be placed on the agenda for discussion.
FAT/sr
T'd
8S:TT 86, 21 ^ON
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NOV 08 '93 13:51
P.3
..
31 e-,
CITY OF CLEARWA.TER
P,O. BOX 4748
CLEARWATER, FLORIDA 34618-4748
MEMORANDUM
~"~' ""~n
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\., ,..IHVll'"J t 1\1
OR. ;:SQ
I ~~~l... 1..1
City Commission
TO:
Mayor, Commissioners
Date. NOV 0 8 1993
CITY CLEAK
FROM: .
Fred A. Thomas, Commissioner
DATE:
November 8, 1993
COPlES:
City Manager
SUBJECT: Philadelphia Phillies
----.---~--_.------..-----------------.---------------_._---------------~-------..------------~~~.~~---~--..
Please place on the agenda for discussion how the City of Clearwater can celebrate the return
of the Philadelphia PhUlies to Clearwater for Spring training. We should have some kind of
parade. banners on the Flag Poles and on the telephone poles and street lights, and a celebration
in Coachman Park. Let's discuss how the whole City can participate in the. celebration. Thank:
you.
...
~
39 -P
CITY OF CLEARWATER
P. O. BOX 4748
CLEARWATER, FLORIDA 34618-4748
City Commission
CONFIDENTIAL MEMORANDUM
TO:
FROM:
DATE:
COPIES TO;
SUBJECT:
Michael Wright, City Manager
Fred A. Thomas, Commissioner
November 5, 1993
Mayor, Commissioners, R
Parks and Recreation
.----~~~--....-----_.--_.._----._---------.__._-_._-------------.------._-._---------.._-~~
I would like you to give consideration to hiring Me. Fred Fisher as a consultant to review the
City Parks and Recreation Department, I have asked him if he would offer his services to the
City for $1.00 a year. He agreed to meet with you on the subject. He didn't want to make a
commitment until he could meet with you to determine whether or not his services as a
consultant to the City's Parks and Recreation Department, would be fairly used.
This is not a political issue. This is an issue of an individual who has served our City, County
and State extremely well and has privatized many areas, and has saved the taxpayers millions
of dollars, In reviewing how The Long Center functions and its cost of services to their
customer base, there is definitely a considerably lower cost than what the City of Clearwater has
in its Parks and Recreation Department. I understand there are differences between
private/publie partnerships versus only public. However, at the same time, we must be opened
to new ideas. That openness means bringing forward the best talent available to us and have it
opened up and looked at.
,
'..f.
",1:
,
If you consider this proposal something you have interest in, please contact Fred Fisher at 725-
4004, If he is not there, he certainly will get back to you within 24 hours, because he is
reachable and available, I believe it is time for Parks and Recreation had a fresh, new outside
look and this is an opportunity to accomplish that for the taxpayers at an extremely low cost,-
provided you and Mr. Fisher can see eye...to-eye that there are no strings attached to the
consuttit1g work. Thank you.
FAT/sr
RECEIVED
NOV 0 S 1993
,-
CITY CLERK DEPI
'<~i
,
6/l'd
80:61 86, S0 ^ON
- ,.
.' ".
., '
3q d-'
CITY OF CLEARWATER
P.O. BOX 4748
CLEARWATER, FLORIDA 34618-4748
City Commission
CONFIDENTIAL MEMORANDUM
TO:
PROM:
Michael Wright, City Manager
Fred A. Thomas, Commissioner
DATE:
November S, 1993
COPIES TO:
SUBJECT:
Mayor, Commissione
Policy Review
----.~-----....----.-------------------_.------.---------_.----_._-------...------..-.----------------------.-------
I would like the Commission to review the Policy wh.ere the Director of Parks and Recreation
makes the decision on developments within the City on whether or not they should donate land
fOJ.' a park, or money to the City. These issues are of great total City importance, and I believe
the City Commission should bave the ultimate authority on whether to accept money or park
land development within the City,
It most disturbs me that we were not able to develop a small park where the 20M development
is by the Seville Apartments. We had the right to claim that land and instead, we took the
money. It is my understanding the decision was made by Ream Wilson. Maybe it was made
by you, I was told that it was made by Ream Wilson. Regardless, the City could have helped
creaU a vet:'! nice little waterfront park that everybody could have used; the ZOM residents, as
well as the Seville residents. Now that opportunity is lost. The Seville residents had access to
the waterfront and walking down to the water's edge for the last 20 plus years. Now there will
be walls and fences, and the shoreline will be unaccessible to them. We could have stopped that
had the Board decided to make that decision.
Please agenda this for discussion,
FAT/sr .
RECEIVED
. NO V 0 8 1993
CITY CLERK DEPt
.'.
\
..1
6/9'd
80:6t E6i S0 ^ON
NOV-1G-193 TUE 18:06 ID:ART DEEGAN
TEL NO:813-462-6037
"21~ P01
memorandum
. DATE:
10:
COPY':
FROM:
SUBJECT:
November 16,1993
Mayor, Conunissioners
City Attorney Al. Galbraith
Art Deegan, Commissioner
Annual Evaluations
.________~_______~___________.___h____._.~_______"_~_____.._____~______.
If my memory serves me correctly, it was decided that each Commissioner
would have a private evaluation discussion with the City Manager some
time before Nov. 29th. Then on Nov. 29th, we would give our report to the
pUblic which is called for by the city charter, though we are a month late.
I believe we also Indicated that we would hold up the City Attorney's
evaluation until after the study by Hildebrand. My review of the letters
. back and forth to Hildebrand and the latest conununication we had from
them, which was a proposal from an Orlando attorney, leaves me in serious
doubt that we will be getting the kind of review I anticipated. I would
therefore like to discuss this Thursday, Nov. 18th, two items:
a) should we cancel the Hildebrand study?
b) should we have an evaluation of the City Attorney at the same
time as the City Manager as outlined above? ...
. Thank you for considering this matter.
EXCERPT VERBATIM 11/1/93 COMMISSION MEETING
Berfield: OK, the only other thing I have on my list is about the
evaluations that we were suppose to report to the public in
October, on the City Attorney and the City Manager. I think that
since its November we need to report that we've decided to extend
it, at least make that our report at this point. And decide when
we are going to do that issue.
Garvey: Well, I guess from my perspective, with the legal audit
going on we ought to at least wait with the city Attorney.
.
Deegan:
When are they coming, when are they going to start?
Rice: We have submitted all the information to them and they
are to call me at the end of this week with their schedule to meet
with the City Attorney. We submitted all the resumes, code of
ordinances, charter, those kinds of things, those went out last
week.
Garvey: We don't need to necessarily wait for that, what
direction does the Commission want?
Thomas: I'd like to know when they're going to complete their
job. I'd like a date, a definitive date on when they will complete
their audit of our legal department. And if it's not as soon as we
want it, we should tell them, it's not as soon as we want it and
either get it when we want it or forget it.
Rice:
mail.
I'll talk to them tomorrow and get it in the Commission
Thomas:
This has gone on a long time.
Garvey: OK, when are we going to, what direction do we have,
Commissioners, for the evaluations?
Thomas: Well we have an evaluation of two people to do, the City
Manager, City Attorney. I felt the City Attorney shouldn't be
reviewed until the audit was complete. I think that would be
foolish to do a review, but I expected the audit to be done within
a timely basis of you know, a couple of months, when we made that
decision which was a month ago I but that doesn't appear to be
occurring. I still think the city Attorney should be reviewed
after the audit is complete. But, that's my opinion, not the
board's opinion. The City Manager, the Charter says he's suppose
to be reviewed in the month of October.
Berfield: Actually, I think it says we're suppose to give a report
to the citizens in the month of October.
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11/1/93 verbatim excerpt
Page 2
Wright: Why don't. you continue until you get the information and
do them concurrently?
Garvey:
with the City Attorney?
Wright:
uh hum
Deegan:
I don't think one has any bearing on the other myself.
Garvey:
That's where I am sort of leaning to, too.
Wright:
It's your call.
Garvey: We have an option it we wanted to...
Thomas: What have you done in the past, I mean does the Charter
tell you you're suppose to review the City Manager and the city
Attorney in the month of october?
Berfield/Garvey:
Give a report to the citizens.
Goudeau: It says you will evaluate them annually and provide a
report, in October.
Deegan:
Which presumes the report comes after the evaluation.
Goudeau: That would be logical.
Garvey:
One of the options we could have...
Thomas:
Sounds like we're a little late.
. Garvey: If we wanted to again, November 15th, is an agenda that's
got CRA and the recycling contract if we wanted to add it to the
agenda for the 15th.
Wright: I would ask that you continue it, perhaps, to the 29th,
there's a high probability I will not be here the week on the 15th.
Garvey: OK
Berfield: I'd like to also ask if we will consider not doing this
the way we have done it in the past, the Charter does not say have
to do it in public, the Charter says we can do it however we choose
to do it. We can do it individually with them, we can hire
somebody to do it. And I still feel very strongly that it is not
fair the way this is set up. Now I don't know how the rest of you
feel, but I have felt like that since the first time I came on, so
I haven't changed my view points on it. I asked the city Clerk
very specifically, if we were tied into the way we have done this
and her answer was - we are not. We can find, I think, some other
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11/1/93 verbatim excerpt
Page 3
ways of doing this...
Fitzgerald:
How do you propose we do it?
Berfield: I don't know, that's what I'm asking ypu. I'd be willing
to do it one on one and then we all come together and give our
synopsis, we can do it by written, we can have a work sheet that
people in other cities use where they put in their comments, you
know, pro, con, whatever. I'm open to suggestions, but I just
don't feel that the way we do this is fair and.we are not tied into
it in the Charter, which I had thought we were for three years now.
1
Thomas: Does the sunshine law affect our review, as a group, of
the City Manager?
Garvey:
Yes.
Deegan:
If we do it as a group.
Berfield: If we meet together.
Fitzgerald:
If we meet together it does.
Thomas: Alright, I don't disagree with Commissioner Berfield, I
think it's, the most rotten way to deal with a chief executive the
calibre of the City Manager and the City Attorney, to review them
in public. You may want to fire them or hire them in public, which
the law requires you to do, but to discuss strengths and weaknesses
in a public format, of an executive, to me, is improper. So if
there's a way of doing this other than all of us sitting around a
table and stripping somebody before the TV cameras, I would sure
support that. We can always come back in the room and make a
decision individually on whether or not we have a vote of
confidence or a vote of no confidence, and that's really what it
boils down to when you're dealing with an executive as a board,
and...
Garvey: Commissioners, do you want to do a written report, each
one doing our own style? Or can we put something together with the
basic same questions?
Thomas: I think we should develop an evaluation format that we'
all agree with.
Garvey:
So far I haven't seen one I like.
Thomas: Well, Commissioner Deegan, a year ago, created a
evaluation format that he presented to this board and to the City
Manager in terms of his goals and objectives, that type of thing,
That is a starting point that this board can look at and analyze,
do we wish to follow that format or do we wish to add to it or
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11/1/93 verbatim excerpt
Page 4
subtract from it?
Garvey: Can we at this point, suggest, have it agendaed for the
29th of November? And in the meantime, those of us who have been,
have some evaluation forms in our files, send them out, maybe we
can put together an evaluation form, between now and the 29th,
obviously before the 29th.
Thomas: I don' t have a copy of it, cause I wasn' t on the
Commission but I would appreciate receiving a copy from
Commissioner Deegan of what he established a year ago with the city
Manager and I'd appreciate hearing from all other Commissioners and
the Mayor on their formats of evaluating the executives of the city
and then possibly we can, I could take things that I've done
"corporately, for top executives and we can all come up with an
evaluation format and I then would prefer to do it individually and
then come back and make our public statements.
Garvey:
then?
OK, does that sound like the consensus of the Commission
Deegan: Well, common wisdom says it's kind of unfair to a person
after they've been operating for a year to then come up with a
format you're going to use to evaluate what they did. The time's
already gone by. If we're -- want change it at all, my suggestion
would be, what I've heard said here, that everybody, just in your
own way, come up with an evaluation, if you want to put it in
writing that's fine, as opposed to verbally. What" we've done
verbally before, I was only here once, of course, we each had our
own approach for doing it and we did it all out loud and we did it
at a public forum. If you want to change the public forum, that's
one idea, I think we should not now try to devise an evaluation
form, the year's already gone, the people doing . the performance
have not had a chance to know the format that was going to be used.
" , Gal?vey:
Right.
Fitzgerald: I think each of us through the year has accumulated
data and information based on the way they approached it, so I
agree with you. It's after the fact. If any thing you come up
with next year's evaluation form and it would be more fair to the
individuals.
Garvey:
OK, I have no problem with that.
Berfield: So, we'll do what we did before but do it in private.
Thomas:
Well, the only other thing is...
Garvey:
Report publicly.
11/1/93 verbatim excerpt
Page 5
Fitzgerald: You have to make a public report, I presume that's
individually by Commissioner.
Thomas: The. . .
Berfield: I...
Thomas: As I understand...
Berfield: I don't know.
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Garvey:
Or we could ...
Fitzgerald:
I don't know, I asked the question.
,
Garvey: We can, we can, if we somewhat, if we could collate it
together and just do one report. Could that...
Fitzgerald:
Well, that's a little hard to do, because...
Garvey:
I know.
Fitzgerald: ..you've got five people, you've got five opinions.
I may say so and so was good, somebody else may say they're bad.
How do you make it come out in a combined report?
Garvey:
I don't ... I'm open to suggestions...
Thomas: Well, during...
Garvey: .. If we want to do it each individually...
Thomas: ..the last evaluation...
Garvey: .. and then bring it up at a Commission meeting and each
one of us express our opinion.
Thomas: At the last evaluation period, it was my understanding
that commissioner Deegan set forward goals and objectives and the
review process, bec;:ause he didn' t . think it was fair to review
somebody he,didn't establish goals and objectives for. Am I correct
in remembering what occurred?
Deegan/Wright/Fitzgerald: No.
Thomas:
No?
Garvey:
I think you suggested...
Fitzgerald:
I don't remember it that way.
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11/1/93 verbatim excerpt
Page 6
Garvey:
. . we should..
Deegan:
I asked for some, we never got them.
Berfield: We didn't.
Fitzgerald:
And we never actually did them.
Thomas:
We never...
Berfield: This is something we all need to do
Thomas:
The board never did anything?
Garvey:
No.
"I
Fitzgerald:
No, everybody decided to do it their own way.
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Garvey: But that's something, what Commissioner Deegan is saying
is, if we're going to use that form we ought to put it together now
so. . .
Thomas: Did any of you individually tell the City Manager this is
the standards to which you were going to hold him accountable ?
Fitzgerald/Garvey/Berfield: No.
Deegan: Well, what we did in the last evaluation was suggest
areas of improvement. We talked positive things and we said here
are some, also some areas of improvement we'd I ike you to pay
attention to. So, in a sense, that's aSking for those standards to
be met.
Fitzgerald:
But, they didn't establish it as a quote "standard."
Thomas: Can the city Clerk give me a synopsis of what the board
did during the last review period, so I have some guidance..
Wright: We'll give you the minutes of the meeting and all
supporting documentation.
Thomas: You know, to look at, so I can be looking at apples to.
apples on the direction that was given to the City Manager from
this board.
Fitzgerald: Why not just provide that information to everybody
for a refresher course.
Berfield: Yeah.
Thomas:
Same for the city Attorney because at some point in the
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11/1/93 verbatim excerpt
Page 7
future we will be looking at the City Attorney, after the audit and
I'd like to know if there was ever any direction, review processes
given to the city Attorney.
Berfield: I don't
. . .
Garvey:
Commissioner Berfield, did you...
Fitzgerald: Just as a matter of information, Mister Thomas, when
I first came on board five years ago I did develop an efficiency
report form that I used and I provided a copy in writing to each of
the people I rated, prior to coming out in public and saying
something.
Garvey: OK
Fitzgerald: So I've used a form/format which I developed on my
own. Doesn't necessarily mean you would agree with it or Mr.
Deegan would agree with it or anybody else would.
Thomas:
But it's something.
Fitzgerald: But I have a form that I've used for that particular
thing, so it's not something totally new.
Thomas: OK, but you did do this for the city Manager and you gave
it to the city Manager.
Fitzgerald: I gave it to the City Manager and I gave it to the
city Attorney.
Thomas:
So that should be something I can look at.
Fitzgerald: Somewhere, I don't know that I ever, didn't go to
the City Clerk.
Goudeau: I wouldn't necessarily have that.
Thomas: Maybe you could share with me a copy.
Fitzgerald:
I'll have to find out if I even retained a copy.
Garvey:
OK, was there anything else Commissioner Berfield?
Berfield: Well the only thing I had here was a Ordinance that we
were suppose to discuss today...
..,
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