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12/20/2012City Council Agenda Location: Council Chambers - City Hall Date: 12/20/2012- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 2013 World Rescue Challenge - Dan Zinge, President North American Vehicle Rescue Association, Inc � Attachments 5. Approval of Minutes 5.1 Approve the minutes of the December 6, 2012 City Council Meeting as submitted in written summation by the City Clerk. [� Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve the City of Clearwater's Fiscal Year 2011-2012 Consolidated Annual Performance and Evaluation Report (CAPER). �- Attachments 7.2 Approve amendments to the Clearwater Comprehensive Plan Utilities Element to update provisions related to potable water and natural ground water aquifer recharge needs based on the City of Clearwater's 2012 Potable Water Supply Facilities Master Plan Update, and pass Ordinance 8368-13 on first reading. (CPA2012-10002) C� Attachments 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8315-12 on second reading, amending Article VII, Chapter 32, Clearwater Code of Ordinances, to rescind exclusivity in collection of construction and demolition debris or putrescible waste from commercial or industrial establishments. � Attachments City Manager Reports 9. Consent Agenda 9.1 Authorize a not to exceed amount of $550,000, to pay Gallagher Bassett Services, Inc., for workers' compensation claims due and payable for the period of December 2012 through December 2014, and authorize the appropriate officials to execute same. (consent) �= Attachments 9.2 Approve the amendment to the service agreement between the City and MHNet for employee and retiree Employee Assistance Program and Mental Health/Chemical Dependency benefits recognizing a name change only in reference to the MHNet entity that is party to the agreement and authorize the appropriate officials to execute same. (consent) 6� Attachments 9.3 Approve Supplemental Work Order to Engineer of Record (EOR) Geosyntec Consultants of Tampa, Florida in the amount of $37,576.80 for final design and permitting of the Phillip Jones Field site restoration and authorize the appropriate officials to execute same. (consent) i� Attachments 9.4 Award contracts (purchase orders) to contractors as listed for the renovation of the Sid Lickton Sports Complex, located at 714 Saturn Avenue; approve the transfer of $139,340 from Utility Funds, $360,660 from reallocation of Penny III funds, $209,825 from various Parks and Recreation CIP maintenance projects, $85,000 from various operating codes to CIP 315-93630 Sid Lickton Complex Renovations at first quarter and authorize the appropriate officials to execute same. (consent) 6� Attachments 9.5 Approve renewal of the agreement with Religious Community Services, Inc. (RCS) for provision of contractual victim advocacy services in the amount of $15,000, for term beginning January l, 2013 through December 31, 2013, and authorize the appropriate officials to execute same. (consent) �- Attachments 9.6 Approve an agreement between The Governor's Commission on Volunteerism and Community Service and the City of Clearwater renewing the AmeriCorps Clearwater program for the period of January l, 2013 through December 31, 2013, including a cash match in the amount of $81,129, and authorize the appropriate officials to execute same. (consent) �- Attachments 9.7 Approve a contract (Purchase Order) for $196,992.00 to Trekker Tractor of Tampa, FL for three Case 580SN Backhoes, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement; and authorize the appropriate officials to execute same. (consent) � Attachments 9.8 Award a Contract (Purchase Order) for $37,618.00 to Autoway Chevrolet of Clearwater, FL for two 2012 Ford Fusions for conversion to Compressed Natural Gas (CNG) and authorize the appropriate officials to execute same. (consent) f�- Attachments 9.9 Approve funds in the amount of $121,690.00 for the repair of a concrete baffle wall and the application of a liner to the baffle wall in the 5 million gallon storage tank at Water Treatment Plant 3, performed by GML coatings. (consent) � Attachments 9.10 Approve funds in the amount of $577,500 for the purchase of copper corrosion control chemical, per bid 47-12, over a 3-year period, to SPER Chemical, who is the most responsive bidder meeting all the bid requirements, and authorize the appropriate officials to execute same. (consent) � Attachments 9.11 Award a contract (purchase order) to R.A.M. Excavating, Inc., of Palm Harbor, Florida, for Druid Trail Phase III project (04-0021-PR) in the amount of $1,239,219.06, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) �- Attachments 9.12 Approve a proposal by Construction Manager at Risk Biltmore Construction Co., Inc. of Belleair, Florida in the amount of $498,096.00 for the Refurbishment of Pier 60, which includes all labor and materials to complete concrete deck and support repairs, railing replacement and installation of a catwalk for the bait house, and authorize the appropriate officials to execute same. (consent) [� Attachments 10. Other Items on City Manager Reports 10.1 Approve the 2013 State Legislative Package � Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 City Manager Verbal Reports 6� Attachments 12. Closing Comments by Mayor 13. Adjourn City Council Agenda Council Chambers - City Hall Meeting Date:l2/20/2012 SUBJECT / RECOMMENDATION: 2013 World Rescue Challenge - Dan Zinge, President North American Vehicle Rescue Association, Inc SUMMARY: Review Approval: Cover Memo ��11�:�) r—t � � � � r, `� �_� d y � � : � � f- �t� i � . � ,.. � �� f r l� 4� F e , � �l �r r� � � 0 � ��; 2�?s...,��,, ��r�df s^_r.%s�r,r .r:-� fv, i:f ��:;Gr, � �l .'e �'r r,��r� �sxtr,, f�; r�r i`.3}��! �,�'.E r��: r �, fis�7,r,-� � ti� _ (s�� 1 9 a � � . � #. ^ 3 S r. � r� . �, � £,.�. � � i�d � ,s � � r `..� ; s �Ij t � u �:, F� �< y � a 3 �^ c� � € � ( s ��s � �#�; ;r.- �/= � a„�� 0 z s , e ,. , , : , f „ , ., k . fi =�� ' ! � ;�� 'sd�! �� }�> r � i � � ' r� �y 1 i x . �yi s i, f�fi � s' ,, � fi` � f� y k,,..... s r'w' �� °'r"� f.. � f� �i�lsF. � !. .. h tt �, � ix � �� o � x t �wr7, � � x, � a s, s, % � .L r � � � ..,.� �,. � �t ' � . �? r 'r, #, 4,: P � � ; �� ;� z � � T"`rys� r ' ' +� t � �; i o ,'�,;� v �; , °��`�� e: � ��a � :,,�. ��,� .� . ��. � m � � � �- ( ii�% ,�j %ii} S� i � ��i �� . �. �� °� �, ��c� �� l�r�� c��ry �R 2�� F�� A.. ��r�� I�r�r�� 5s S��s�r��i� t��r�� p �°��i�� rs� �� , �r; � � - � ,�° ` � ; � � r� � � { ;�� --t � � � � �^� z. r. „tifr � ., � , ��'� �� i �� ,��,. s �'' � � ', �`� ¢ 3 ', �' t+�fr� a�'e ' �h�� "+� ��r � � �; r r �. .i, �' a. � ' X � '. � rk . � " ` YY ai f .� . �I�; .y �- X` . . � s. ! •l : AY . � '� � �` �� It � � N r � .� • � . r. : „ .... , � .. . � r . � , , �, �, . � . . ,� ,. �. j c , x. : r�. ., � �; � ` ; *, � � . ; ,4 � !, � : � * . � °' ° 4 �, . f ! #�� ii- i, M;' � .;��,� ,;��, .� .._;� i..� MI 1F , �F ` 1` ," ' 'a. ! i . +1 '# 1i+' s , , fk " � �p , �, ,� � . ;� � � � : . ik - ; ;� � �_ ` ! 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Y�� '�s �� a � � �'�s Ye� �'es a � �'es � ��s 'r�s Y�s �'�� Y�5 �''�5 � �'�s Ye� '��s � � � �� m � � � r a�: �.,7 r � � ( � � � �`' �J .., :� . =. : �� ...: s �, li - . ,'. : ' . � �' ' ,.—�,. .« �I �' �'' � � 2R ' 4 � ' . ,� ,+k :; :- -._ . �.s �' ,�� s• , ,,. ` ! �, � : � ir N� ;' ` � !! N�' ��'F � � � i � " y, r 4. :' �! �. . i • � � — ..�. y, � �: .. ;�. ��, � ae �'. ^-�kf l.• ��, l TM + ,L ..w,' a . .. ;� � y:.�.' .¢ "il: ` 1 `_;: ,i1-`'f. ,� �`.. k.- ..;7 " lk "a!i l _a� .f i�� '�� f � r�` i..�� ,.a;. `'� � � r ri w�-. C. C'�it,��i-i��ia�tal �'�� r�sc�.le d��'t�c��5tr�t�� . F3�°�b��f d��n��r�t�� ir�a��6��ed 6��t �ir� e�tir��ui��t�t) �. �r�i�� s� C��r� de��r��r��ia�� {sir��i��l np�� e��t�r �ir/�� seue} �� c��c�r ��rd � ��/[�r�rv� ��rs��r�� . C�r s��t ��s �rt� i�s��t��a�s �. ��lt�p�� sp��t� ��rn €��rr�c�r�s��aca�s �, C��a�t�pl� ��ic ��s�l��s j, ��I�� yy a�}��r�� spl�y� ��, p�slic�� arad �ili��Y� City Council Agenda Council Chambers - City Hall Meeting Date:l2/20/2012 SUBJECT / RECOMMENDATION: Approve the minutes of the December 6, 2012 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo ��11�:�� Attachment number 1 \nPage 1 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER � � � Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson,; and Councilmember Jay E. Polglaze. Also Present: William B. Horne II — City Manager, Jill Silverbcaard - Assistant City Manager, Rod Irwin - Assistant City Manager; P�mela K.:Al�in ��-�City � Attorney, Rosemarie Call - City Clerk, and Nicol� Spr'ague - Official Records and Legislative Services Coordinator. To provide continuity for research, items are in agenda order althQUC�h not necessarily discussed in that order. Unapproved 1. Call to Order — Mavor Georqe N. Cr�fi�kos The meeting was called to order;at fi:�Q p.m: at City Hall. ;. . 4. Presentations — Gi�en. 4.1 Turkey Trot Present�fic�� - Skip Rc��r�; Race Director. Mr_ Rogers thanked the Gity fc�r its continued support, reviewed event highlights and presented the City with a c�mmemorative plaque. 4.2 �nnual Utiliti��; i�U� �are Fund Appeal - John Scott, Customer Service Residen#s w�:�re encouraged to donate to the fund, which is used to assist paying utility bills for people experiencing temporary financial difficulties. 5. Approval of Minutes Counci12012-12-06 1 Item # 2 Attachment number 1 \nPage 2 5.1 Approve the minutes of the November 15, 2012 Citv Council Meetinq as submitted in written summation bv the Citv Clerk. Councilmember Bill Jonson moved to approve the minutes of the November 15, 2012 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Aqenda — Rabbi Shmuly Reich invited all to attend the 3rd Annual Chan Sunday, December 9, 1:00 p.m. at City Hall. Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 ►m� . - .. . ��cr��:�:1�� Ordinance 8365-12 was present�d and read; b�r' Polglaze moved to adopt Ordinan�e 8365-12 on was duly seconded and up�n��roll�call, the vote �n „ay�s'i: , nn��ro� �oree Jay E: "Nays": None. eorge N� Cretekos, Vice . ��• ! � . - � �' .� - -11'1 • 1 . . : .. ,� no e Co final on �ts of er Jay E. " c�... The motion �n, Councilmember , and Councilmember 2 on seco�d readinq, amendinq the Future Land Use arehensive Plan of the citv to desianate the land use for of Clearwater. as Commercial General (CG). ented and read by title only. The City qttorn�y said that Exhibit B was amended to correct the boundary line of the annexed pr�perty to exclude a small portion of the right of way; a motion to amend on second reading is required. Counci12012-12-06 2 Item # 2 Attachment number 1 \nPage 3 Councilmember Bill Jonson moved to amend Ordinance 8366-12, Exhibit B, to correct boundary line of the annexed property to exclude a small portion of right of way. The motion was duly seconded and carried unanimously. Vice Mayor Paul Gibson moved to adopt Ordinance 8366-12 on second and final reading, as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibso Doreen Hock-DiPolito, Councilmember Bill Jonson;; Jay E. Polglaze. "Nays" 7_3 Ado citv None. Ordinance 8367-12 on second readinq. amendi zonina certain real propertv whose aost office � Ordinance 8367-12 was presented and read The City Attorney said that Exhibit B was arnended to correct #h annexed property to exclude a small portion Qfi #he right Qfi uuay;' second reading is required. Councilmember Bill Jonson moved to amend Ordinance 8367-1 bound�ry �ine Qf the annexed property to exclude ��mall portio� matian was dulv s�:conded and carr.ied unanimouslu: �ouncilmember [ and final reading, vote was: "Ayes": ��N��,,. 8. C ck-D Mayor George N. Cret Doreen Hocl�-C?iPolito, Jay E, Polglaze: � None. uncilmember Atlas of t 3 Sunset undary lin� jtion to am t''8, to correct of way. The oved to adopt �rdinance 8367-12 on second ion was duly seconded and upon roll call, the �e Mayor Paul Gibson, Councilmember Imember Bill Jonson, and Councilmember � .. . -. , . -. 8.1 Award a contract (purchase order) for the extension of the runway at Clearwater Airpark (Proiect 12-0006-AP) to Aiax Pavinq Industries of Florida, of the City of Nokomis. County of Sarasota and State of Florida, for the sum of $1.697.205.95 which is the lowest responsible bid received in accordance with the plans and Counci12012-12-06 3 Item # 2 Attachment number 1 \nPage 4 specifications, and authorize the appropriate officials to execute same. (consent) 8.2 Approve a three-year Aqreement between ExtremeTix. Inc. (ET) and the City of Clearwater (City) to provide ticketinq solutions for City Special Events comprisinq of advanced internet ticket sales, box office sales, telephone sales, bulk ticket printinq, support services, and ticket validation components and authorize the appropriate officials to execute same. (consent) 8�3 Award a contract to Pine Lake Nursery and Landscape af Lu#z, 'Florid� � Bi�l �1'�- � medians from Skyview Avenue to Edenville Avenue for a�+�st of General Operatinq Fund) to CIP 315-93626 (FDOT Medi Enhancement) proiect at first quarter and authorize the a execute same. (consent) 8.4 Approve the Voluntary Cooperation Mutual Aid Rpr��me Department, pertaininp to the T Team (CARTI. commencina Ja� 8.5 Award a Contract (Pu Plant City, FL for 13 C 2.��4(1)��1��_Code of�� aurchase und�;r the C rchase of one uehicle 8.6 Award a Contract ` Network of Sebrin� 2.564(1)(d), Code aurchase under th � a C•Siit•�f1�? ii.•^. �i CF1 mpa Ba� Reqional ChiI�1 Abduction Respc�nse uary 1, 2013 throuph D�cember 31, 201 �i, anc s to execute same. (cQnsen#) , ler) for $373,9�4,�0 to Stingra�r �h�urolet of aprice Polic�: �ars, in accordanee with Sec. - Other Gouernmental bid; authorize lease r Lease Purchase Agreement: authorize the nny for Pinellas 11I prc�ceeds: authorize the aiect 181-99350 and authorize the appropriate iase Orde� fc�r $214.165.00 to Alan Jay Automotive or seven (7) Chevrolet Tahoe, in accordance with Sec. linances - Other Governmental bid; authorize lease s Master Lease Purchase Aqreement and authorize the `Purchase Order' for $142.440.00 to Alan Jay Automotive t/;�t�VUC VI VIUIIId11l.CJ - VUICI VVVCIIIIIICIItdI {JIU, dllUIVIILC ICdJC under the City's Master Lease Purchase Aqreement and authorize the 8.8 Award a contract to Southeast Drillinq Services. Inc. of Tampa. Florida for the Counci12012-12-06 4 Item # 2 Attachment number 1 \nPage 5 construction of the Reservoir 2 Brackish Wellfield Expansion Proiect in the amount of $1.576.481.50, which is the lowest responsible bid in accordance with plans and specifications: and authorize the appropriate officials to execute same. consent 8.9 Award a contract (purchase order) to Brandes Desiqn Build. Inc in the amount of $8,121,739.69 for construction of the Reverse Expansion Part 2 Plant Expansion (09-0018-UT), which is ti�e responsible bid received in accordance with the plans and �ec proiect: approve Work Order in the amount of $969,79Q to Carr and Smith. Inc.. (CDM Smith) an Enqineer-of-Record fQrthe Ci to provide Construction Enqineerinq and Inspection (CEi) 5ervi authorize the aaaroariate officials to execute same. (consent� 8.10 Appro� Power rq antin mainte the aac ration (FPC), doinp business as opriate authority to FPC for its c of facilities located within a fc�rrr fe officials to execute sarne. (�o 8.11 Approve a Supplementa Work Order of $271,690 to noRn execute the relocatic : are in confl �ulf to Bav B ��_ (consent 8.12 Authorize the reqresent the unci the City's wat ith the recons SR 601:and a matter �c�ress Enerpy F nued operation �ity ripht-of-wa� �. �nt Qf $50;�Q(?0� � Qctober 22, 2� iinaar_nf_Rcarnr� C Plant 1 Inc. brinaina the r and reclaimed water �f U� 19 from Whitney Ro� #he appropriate officials to ris Vauqhan and Michael Faulkner '-----i _r mwnn nnn i--------i� Gouncilmember poreen Hock-DiPolito moved to approve the Consent Agenda as subm�tted and authorize the appropriate officials to execute same. The motion was duly secon�le� �nd carr��d unanimously� City`Manager Reports 9. Other Items on City Manager Reports Counci12012-12-06 5 Item # 2 Attachment number 1 \nPage 6 9.1 Approve the US 19 Corridor Redevelopment Plan and adopt Resolution 12-18. The US 19 Corridor Redevelopment Plan is a guiding document that summarizes the current context of the corridor and sets forth an implementable vision to strengthen the identity, design, mobility, and competitiveness of the corridor in the region. The strategies identified in the Plan fall primarily under the puruiew of the City but also state the need for coordination with area businesses and �rarious governmental entities. The project was funded through the D�:partment Qfi Energy's Energy Efficiency and Conservation Block Grant program, and builds upon goals and strategies contained in the Clearwater Greenprint, which was approved by Council on December 14, 2011. With assistance from a consultant team led by HDR, the Planning and Development Department worked with corridor stakehold�rs ta define land use' and development strategies to leverage the corridor's unique lo�atic�nal advantages, capitalize on market opportunities, and maximize benefiit� of planned transit and transpor�ation improvements. Pu�li� c�utr`�;ach activities in�l�d�d: Stakeholder Listening Sessions and Fc►cus'Groups: In Feb five group listening sessions (organized k�y general types � individual listening sessions (Qrganized for targe�ed rautrea individuals or small groups� were held to hear �nsights on tl opportunities along the carridor. Four addition�l fiocus grou feedback on the prel"rminary framework plan and strategies receive gu strategies. Public Open Hous August 2012 to pr refined strategies; projecfi tea�,presented at fil on prelimin�ry and recomm aary and March 2012, s�keholdersj and�.five � to specific � as��s, issues and � wer� held to receive n August 2012. cil work sessions to ework plan and nts: Two open house events were held in May 2012 and the framev►rQrk plan, engage the public, and to prioritize ublic Outreach Campaign: In March, May, July and August 2012, staff spoke �out the project af #h�: Clearwater Regional Chamber of Commerce Government f�airs Committee �nd three Metropolitan Planning Organization (MPO) �rnmittee rne�;tings, keeping community members and representatives of other iunicip�liti�:s updated on the progress of the plan. Online`Forum: From March to September 2012, an emerging public outreach tool, MindMixer, was used as an online discussion board for the Plan providing an additional outlet for public engagement. Counci12012-12-06 6 Item # 2 Attachment number 1 \nPage 7 To provide context for the Plan, both a market analysis and a land use and mobility assessment were conducted. The market analysis was performed by RCLCO, a national real estate advisory firm, and outlined the conditions and trends influencing the corridor's market position in the City and Tampa Bay Region. The land use and mobility assessment was perFormed by HDR and provided background information regarding conditions along the corridor including land use and development, parks, trails and open space, form and character, planning and development context and mobility. A framework plan was developed that divides the corridc�r into three revitalization areas Regional Centers, Neighborhood Centers and Ir Areas and offers general guidance on the appropriate int�nsity, fr�rr� character of development for each type. The framework p1an; -inciud overall plan document, includes five concept studies of sp�cific site: demonstrate the development potential using the guidane� contain� framework plan. ��d withi to I in the The US 19 Corridor Redevelopment Plan r�:c+�mm�:nd�:d strategies ser�re as the starting point for future implementation steps along the corridor. While �crm� of the strategies will require policy changes tQ City documen�s; in�luding the Comprehensive Plan and the Community Developrn�:nt'C+o�le; others call fQr increased participation from private enterprise, increased coordination and promotion of transit impro�emer�ts and the intrQduction of gre�:n`technology along the corridor. The recommencled strategies are c�rganized intc� f�ur tc�pic areas: reui#aliz�tion and rede��i+apment, competitiv�ness, mobility and connectivity, and sus#air��k�ility, as generall�r;described below.; 1. Revitalizatic�n and Redev�:laipment (Plan pages 61=72`): The strategies focus on the long-term r�trc�fi� and redeuelQpment of sites at the corridor's Regional and Neighborhood Cent�rs and the c�ngaing transformation and improvement of the In-Between Areas. Tk�e strategies s�# the stage to allow higher development intensities and densities with corre�pQnding design standards. Strategies include: Plan for land use intensification; pply a new zoning overlay district; sign standards; Encourage employment-intensive and transit-supportive land uses; and Initiate a property improvement program. Counci12012-12-06 7 Item # 2 Attachment number 1 \nPage 8 2. Competitiveness (Plan pages 72-75): The strategies are designed to accelerate the pace of improvement along the corridor by aligning actions and programs affecting the corridor's competitive position. Strategies include: Expand development incentives; Facilitate review processes; Create a corridor improvement organization; Install wayfinding signs; Strengthen brand identity; and Enhance gateways and streetscapes 3. Mobility and Connect it easier to travel from p contributes to a more li� s and cyclists; �bilit� (Plan pages 83-87): The strategies presented are a logical n of t�iose presented as part of the Clearwater Greenprint, which calls notion of more sustainable practices in the design of public and private �'`°achieving more energy and resource efficient kinds of development. include: Green streets program and initiatives; Counci12012-12-06 8 Item # 2 Attachment number 1 \nPage 9 Low impact development for sites and buildings; and Energy and water efficiency. The US 19 Corridor Redevelopment Plan also includes Appendix A, which contains a series of maps developed for the land use and mob�lity assessment portion of the plan. Appendix B presents case studies of se�eral mixed�use developments and green redevelopment projects. Appendix � contains additional information on all engagement and outreach activities. ' HDR Consultant Steve Shucraft presented a PowerPoint prese In response to questions, Mr. Shucraft said the plan anticipates future c development trends. Westfield Countryside Mall is a dynamic type of d can change over time; the mall can introduce parking structtares in orde current parking areas and add additional uses to the site. I�k is ideal to F access routes along the US Highway 19 corri�l+ar so short local trips will entering US Highway 19. One individual spoke in support plan as soon as possible. � Jay Polglaze mc�v�d to approve n was duly secc�nded and carrie Resolution 12-18 w to adopt Resolution was: "Ayes": � I�T� Mayor George N. Cretekos Doreen Hock-RiPolito, Cou Jay E, Polglaz�:. � None. �rti�l� VII. Solid Waste Ma at 19 es in pment i uild out jarallel impleme evelopment e by title only: �/ic� Mayor Paul Gibson moved s duly seconded and upon roll call, the vote ce Mayor Paul Gibson, Councilmember Imember Bill Jonson, and Councilmember ent, Section 32.2715 definitions; colle�tion of construction and demolition debris or putrescible waste from commercial or industrial establishments; Section 32.274 makinq the inappropriate disposal of E-waste unlawful; Section 32.275 clarifvinq that it is the responsibilitv of a partv qeneratinq prohibited materials to dispose of such waste Counci12012-12-06 9 Item # 2 Attachment number 1 \nPage 1i leqallv; Section 32.277 modifvinq penalties for private haulers failinq to adhere to the rules of the permit proqram; Section 32.280 advisinq that the Citv mav collect E-waste onlv after the propertv owner has scheduled a pick-up and providinq the Citv the abilitv to issue stop work orders for construction proiects usinq unpermitted private haulers; Section 32.284 providinq dimension specifications 20th dav of the followinq month or the next business d weekend or Citv holidav: Section 32.293(4) advisinq p revocation or denial of a private haulinq permit of the � associated with such aaaeal: Clarifvina lanauaae in AK 8315-12 on first readinq. .. . - . �� , 7 �� _ A sch Section 32.2715 Definitions - added: (3) Commercial Waste mean generated by a commercial establishment exclusive of hazard�us � hazardous waste,(6) added: Construction and Demolition (c&d) d� discarded materials generally considered to be nQt water-soluble � nonhazardous in nature, including, but not, limited; tc�, s#eel, glass, asphalt roofing material pipe gypsum wallb�ard and �umber from s solid wasi �r bio- �bris means crete, , , , construction or destruction of a structu:re as part of a canstruction or dern�lition project or from the renovation of a structure and includes; ro�ks, soils, tree remains, trees, and other vegetative rnafiter that nQrmally result� from land clearing or land developm�;nt Qperations for a cc�r�struction proj�ct, including such debris from constructiQn of structures at a site remote from the cc�nstruction or project site. Mixing of construction and demolitiQn debris with other types c�f scalid waste wi11 cau�e the resulting m�x��are to b� classified as other than �onstructic�n anid demolitic��t debris. The terrn��lsc� iraclu�les�� (a) Clean cardboard, paper, plasti�, wQt�d, and rne#a� scraps from a ean�truction project; (b) Except as provided in F.S. 4(��.707(9)(i); yard trash and unpainted, non-treated wood scraps and wood pallets frQrn sources other than construction or demolition projects; (c) Scrap from manufacturing facilities which is the type of material generally used in construction projec�s:and which wQU1d rneet the definition of construction and demolition debris if it were generated as part of a construction or demolition project. This includes debris from the construction of manufactured homes and scrap shingles, wallbc�ard, siding concrete, and similar materials from industrial or c4mmercial faciliti�:s; and (d) Deminimis amounts of other hazardous wastes that �a�'�, generated �t°construction or destruction projects, provided such amounts are cQnsistent wit� best management practices of the industry.(11) added: Because these iterns potentially carry hazardous materials, such as mercury or lead, E- wast� needs to be transported, handled, and either disposed of or recycled with speci�l care.(13) added: Industrial waste means solid waste generated by an industrial establishment, exclusive of hazardous or biohazardous waste.(16) added: industrial(22) added: receptacle (25) changed: 40 to forty(26) added: a waste receptacle in exchange for payment or consideration, added: collecting, Counci12012-12-06 10 Item # 2 Attachment number 1 \nPage 1 transporting, processing, or receiving contents, added: such added: regardless of whether the contents of such waste receptacle are disposed of in the waste stream or are recycled.(34) added: and demolition Section 32.272(4) added: and demolition added: special waste, or yard waste, added: such containers so long as the private collector remains in good standing pursuant to the City's permit program as described in this Chapter. All putrescible waste shall be hauled or collected in an enclosed container. Anv deuia#ion from this section requires the written approval of the solid wast� director or designee.(9) added - and demolition32.274 (8), waste by either placing curbside for solid waste personnel waste or recycling receptacles shall be unlawful and subje� and/or local penalty if any person or entity disposing of E� Clearwater has failed to first coordinate its removal in an e appropriate manner. (9) added: and demolition32.275 (3� shall be the responsibility of the party generating the prohi legally remove and properly dispose of said was#e.�2.277 refuse and/or recycling� added: after writter� nr��ice ancl �d assessed a fifteen added: interest charge added: unpa�d a following month that the remittance was �#�+e. if the 20fh d Sunday or city holiday, the monthly fee shall be due Qn #hie added: $25.00 administrative fe� each' b�siness day. (9) � container and/or waste recec�tacle permittee's failure to fax list of new waste rece�t� Waste/General Services foll+�win� rnonth shall re; business;day the permifil the permit.(9(?) �dded: If 5et within the inistrative sta the assessm ils to provide adFit discloses nrater city �e 5th bu; a $25.00 wnera� : cled: D Ilection w��te �nri�hin the Cifiy ofi nvironmentally safe anc add�d "paint"; added, It � bited ma#erial waste to (5) added: residential ded: sol� (8� added, be fter the 20fih d�y of the ay is a Saturday, next business dau_ A roll-off ail the monthly �o �olid ��;ss day of the dministrative fee each ssible revocation of tainer and/or waste receptacle permittee has unc�erpaid the remittance as required by this division by more than five percent of the re�uired total, then in addition to a remittance in the amount of the underpayment, th� permitee shall pay the cost of the audit and fifteen percent intere�fi Qn the amoun# of the underpayment. (11) added: If a roll- off container and/or wa�te receptacl� permittee fails to provide documentation requested for an audit by the date specified in the written request for such documentation the Gifiy shall assess a$25.00 administrative fee each business day the permittee is delinquent in remitting the documentation and shall begin the permit revocatiQn prc�cess.32.280 (h) added: E-waste. E-waste shall be collected by the City c�nly after the property owner has scheduled a pick-up with Solid W�ste Qeparkrnent personnel. (i) added: None of the above may be placed for colle�ti�n more than 24 hours in advance of a scheduled pick-up. (3) Storing of solid waste (f) added: The City's Building Department may issue a Stop Work Order to a construction site that utilizes a roll-off container and/or waste receptacle hauler that has failed to register with the City of Clearwater.32.284 (6) added: and maintained added: pursuant to section 3-2-1.D of the Clearwater Community Development Code and City Engineering Index 701. (7) changed. Counci12012-12-06 11 Item # 2 Attachment number 1 \nPage 1; haulers32.288 added: hauling, added: and demolition added: industrial, added: or industrial added: hauling added: and demolition added: or industrial 32.290 Prerequisites to issuance. (b) Changed 15 to fifteen, added: (also known as a permit fee). added: the 20th. added: If the 20th day occurs on a Saturday, Sunday or City holiday, the report, remittance, and invoice copies shall be due the next business day: 32.293(3) added: A permitee that avails itself of its right to appeal a termination or denial to the City Manager, and if necessary, the City �ouncil understands that it must pay the appropriate administrative fee associated with such appeal. Section 11. That Appendix A, XXV Public Works-Fees, R (32.068) be amended by adding the underlined language language as follows: (3) Rates: (c) Solid Waste collectior and multiple family dwellings. 5. added: beginning Ja calendar year, changed: provided 6. Added: Only cit by commercial or industrial customers, added: complimer (5) Other Miscellaneous charges: (b) Solid Waste roll-� service: 3. (a) added: may (b) added: $4QQ.�Q ch�n�E designee. One individual requested that the In response to a question, industrial should have beE an neral n�mber [��reen Hock=C?iPolito moved to aa ment, Secti�n 32.2715 d�finitions; Section rector es and Ch�arc�es �d, del�t�ng the stri�k� ��e�� a: Single family ary 'I st of each �wn�d, added: utilizi ry �dd�:�l:, calendar, � or waste r�ceptacle approual added: or le iindustrial. '' Earl Gl+�ster said ;1/II; Solid Waste and 32.288 repealing City of Clearwater Ex�lusivity in co1l�:ction of construction and demolition debris or putrescible waste from commercial +�r inclustrial establishments; Section 32.274 making the inappropriate disposal of E-waste unlawful; Section 32.275 clarifying that it is the responsibility of a party generating prohibited materials to dispose of such waste legally; Section 32.277 modifying penalties for private haulers failing to adhere to the rules of the permit program; SectiQn 3�.280 advising that the City may collect E-waste only after #h�; property owner has sch�duled a pick-up and providing the City the ability to issue stc�p work orders for construction projects using unpermitted private haulers; Section 32:�84 providing dimension specifications for enclosures; Section 32.290 clarifying that all permit documentatiQn is due the 20th day of the following month or the next business day, if such day falls an a weekend or City holiday; Section 32.293(4) advising permitee� appealing a revocation or denial of a private hauling permit of the administratiue fee associated with such appeal; Clarifying language in Appendix A schedule of fees, rates and charges and providing an effective date. The motion was duly seconded and carried unanimously. Counci12012-12-06 12 I[�'ii�:3�•l Attachment number 1 \nPage 1; Ordinance 8315-12 was presented and read by title only. Councilmember Jay Polglaze moved to amend Section 32.288 to read as follows: "... However, a sole proprietor or corporate entity placing or servicing a roll-off container or waste receptacle for the purpose of collecting, removing, hauling or disposing of construction and demolition debris, whether commercial, industrial or residential in nature..." The motion was duly seconded and carried unanimously. Councilmember poreen Hock-DiPolito moved to pass Ordinanc�: 8315-12 c reading, as amended. The motion was duly seconded and up�n roll call, th "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibsc�n, ;Councilrnen Doreen Hock-DiPolito, Councilmember Bill Jonson, and Cc�uncilm Jay E. Polglaze. "Nays": None. Counci12012-12-06 13 Item # 2 City Council Agenda Council Chambers - City Hall Meeting Date:l2/20/2012 SUBJECT / RECOMMENDATION: Approve the City of Clearwater's Fiscal Year 2011-2012 Consolidated Annual Perfarmance and Evaluation Report (CAPER). SUMMARY: The Consolidated Annual Perfarmance and Evaluation Report (CAPER) is the principal administrative report, documenting the City's expenditures for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs to the U.S. Department of Housing and Urban Development (HUD). For FY 2011-2012, the City's budget was: $838,241 in CDBG and $500,323 in HOME Program funds for a total budget of $1,338,564. The CAPER document serves as the basis for program monitoring for compliance and for financial audits for all activities conducted during Fiscal Year 2011-2012 as outlined in the Consolidated Plan. The report provides HIJD with necessary infarmation for the Department to meet its requirement to assess each grantee's ability to carry out relevant Community Planning and Development programs in compliance with all applicable rules and regulations. It also provides information necessary for HIJD's Annual Report to Congress and it provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. In addition to reporting on our activities with federal money, we also included a summary of activities conducted with the Florida State Housing Initiatives Partnership (SHIP) Program, Community Development Block Grant — Recovery Program, Pinellas County Housing Trust Fund Program and Neighborhood Stabilization Program 3 in the narrative section; however, these numbers are not included in the totals below. Through the CDBG and HOME program activities, we expended a total of $2,482,656 in Fiscal Year 2011-2012, which included funding from the prior year reprogrammed fund budget of $2,807,683. Those funds not expended from this year's budget will be reprogrammed in future budgets. The City of Clearwater's Fiscal Year 2011-2012 CAPER contains infarmation on the City's assessment of the following activities: Assessment of Three to Five Year Goals and Objectives Affordable Housing Continuum of Care Leveraging Resources Affirmatively Furthering Fair Housing Citizens Comments S elf-Evaluation Cover Memo Over 24,097 persons were assisted through Public Services, Public Facilities, Housing Rehabilitation and New Consh-muc�on, Fair Housing, and Economic Development projects and programs. A brief summary of Fiscal Year 2011-2012 projects are: Completed fourteen owner-occupied rehabilitation loans totaling $322,578. Completed fourteen down payment assistance loans totaling $197,050. Provided a rehabilitation loan to Prospect Towers, Inc. in the amount of $800,000. (208 units of senior housing) Provided a rehabilitation loan to Pinellas County Housing Authority — Norton Apartments in the amount of $304,446. (48 units of rental housing) Restructured an existing loan with Palmetto Park Apartments. (192 units of rental housing) Provided a development loan and CHDO recertification to Habitat for Humanity Community Housing Development Organization, Inc. in the amount of $225,808. Provided a development loan commitment to Habitat for Humanity of Pinellas County, Inc. in the amount of $425,000. (Construction bridge �nancing for 25 homes) Provided a development loan to SP Counhy Club Homes, Inc. in the amount of $475,770. (Construction financing for four townhome units and down payment assistance) Provided a development loan commitment to Boley Centers, Inc. — Sunset Point Apartments, Inc. in the amount of $346,45 L (14 units) Acquired 14 S. Evergreen to assist in redevelopment of Car Pro site in East Gateway. Provide $370,000 for the development of an athletic field in North Greenwood. The City's Neighborhood and Affordable Housing Advisory Board is scheduled to approve the Fiscal Year 2011-2012 CAPER at their meeting on December 11, 2012. The CAPER is due to HUD no later than December 30, 2012. Review Approval: Cover Memo ��11�:�� Attachment number 1 \nPage 1 FY2011-2012 Consolidated Annual Performance & Evaluation Report (CAPER) Community Development Block Grant And HOME Investment Partnership Programs Budget and Expenditure Summary Prior Year plus Number Reprogrammed Remaining Person's Activity Budget Funds Expenditures Balance Assisted Demolition $ - $ 44,263 $ 7,475 $ 36,788 2 Relocation $ - $ - $ - Acquisition $ - $ - $ - CDBG Program Administration' $ 167,648 $ 33,380 $ 151,884 $ 49,144 CDBG-PD-ED $ 10,000 $ - $ 10,000 $ 0 CDBG-PD-Rehab $ 140,000 $ - $ 79,182 $ 60,818 CDBG-PD-Infill $ 25,000 $ - $ - $ 25,000 Public Services $ 106,095 $ 99,547 $ 6,548 3,563 Public Facilities & Improvements $ 132,180 $ 475,900 $ 522,330 $ 85,750 20,264 CDBG Program Housing (Housing Pool) $ 222,062 $ 924,545 $ 394,795 $ 751,812 11 CDBG Economic Development $ - $ - $ - $ - Fair Housing - CDBG $ 35,256 $ - $ 35,256 $ - 242 HOME Program Administration' $ 50,032 $ - $ 44,920 $ 5,112 HOME Program Housing (Housing Pool) $ 375,238 $ 1,101,075 $ 1,136,069 $ 340,244 14 HOME Acquisition, Transitional Housing $ - $ - $ - $ - Community Housing Development Org. (CHDO) $ 75,053 $ 228,520 $ 1,198 $ 302,375 1 Rental Housing Development-HOME $ - $ - $ - $ - TOTAL** $ 1,338,564 $ 2,807,683 $ 2,482,656 $ 1,663,591 24,097 Item # 3 12/3/2012 3:16 PM Attachment number 2 \nPage 1 �-��,�,�vr r ��' �"�� 3�a� ��. E'�� Fi rst Prog ra m Yea r CAPE R � E� �� The City of Clearwater, Florida FY 2011-12 CPMP First Consolidated � �°� Annual Performance and Evaluation Report includes Narrative ��,� ��,��-`�' Responses to CAPER questions that CDBG, CDBG-R, HOME, NSP3, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. The grantee must submit an updated Financial Summary Report (PR26). 1. EXECUTIVE SUMMARY The overall purpose of the community planning and development programs as stated in Section 91 of the Housing and Community Development Act, as amended, with programs funded through the Community Development Block Grant Program and the HOME Investment Partnership Program is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low to moderate-income persons. The primary means toward this end is to extend and strengthen partnerships among all levels of government and the private sector, including for profit and non-profit organizations, in the production and operation of affordable housing. The main purpose of these programs is to provide decent housing. Decent housing includes assisting homeless individuals and families, retaining the existing housing stock by rehabilitating existing housing units and increasing the availability of permanent affordable housing by building new affordable rental and owner-occupied units and providing down payment assistance. The second purpose includes increasing public services and public facilities to improve the safety and livability of neighborhoods as a suitable living environment. The third purpose is to expand economic opportunities to low to moderate-income individuals by creating or retaining jobs or creating and/or expanding businesses in low to moderate-income neighborhoods. The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report to document how effective the City has been in expending CDBG and HOME funds to meet the objectives listed above. It serves as the basis for program monitoring for compliance and for financial audits. It provides HUD with necessary information for the Department to meet its requirement to assess each grantee's ability to carry out relevant Community Planning Development (CPD) programs in compliance with all applicable rules and regulations. It provides information necessary for HUD's Annual Report to the U. S. Congress and provides grantees an opportunity to describe to citizens their successes in revitalization of deteriorated neighborhoods and meeting objectives stipulated in our Consolidated Plan. The City's FY 2011-12 CAPER contains information on the City's assessment of activities as they relate to the five-year goals and objectives, affirmatively furthering fair housing, affordable housing, continuum of care, leveraging resources, citizen participation, and self-evaluation. #3 First Pr�grarn °tear �P�PE� 1 Attachment number 2 \nPage 2 Please note that this CAPER is included under the goals and objectives identified in the FY 2011-2016 Five-Year Consolidated Planning Period. 2. ASSESSMENT OF THE ONE YEAR GOALS AND OBJECTIVES In June 2011, the City of Clearwater approved the FY 2011-2016 Consolidated Plan for funding from the Community Development Block Grant Program (CDBG), HOME Investment Partnership Program (HOME), and State Housing Initiatives Partnership Program (SHIP). In September 2011, the City's Consolidated Plan was approved by the United States Department of Housing and Urban Development (HUD). The Five- Year Consolidated Plan includes two key activities; provide decent, safe, and affordable housing and increase public services and facilities to improve the safety of the neighborhoods. The City's mission is to assist residents in achieving self-sufficiency through decent housing, a suitable living environment and the expansion of economic opportunities. The goals for community development include promoting community self investment in low/moderate-income areas, providing facilities/services to address critical social services needs, providing facilities/services for seniors, children and persons with special needs, and expanding economic opportunities. The goals for housing and the homeless include revitalizing older housing and demolishing unsafe structures, producing high-quality affordable housing, providing housing assistance, and providing services/housing for the homeless. The City of Clearwater focuses on three (3) basic areas for assisting in the provision of decent, safe and affordable housing. The focus consists of: 1. Homeowner rehabilitation - which include emergency repairs and disabled retrofitting 2. Down payment and closing cost assistance for homebuyers 3. Acquisition/rehabilitation/new construction To preserve the existing housing stock, the five-year goal is to rehabilitate 75 units owned by low-income households. The City will preserve the housing stock by funding the acquisition and rehabilitation of 50 existing units for new low-income owner households over the five-year period. To encourage new homebuyers, the five-year goal is to provide direct down payment/closing cost assistance to 100 low and moderate-income homebuyers. The City has proposed to construct 80 new affordable, for sale, infill housing units to support the City's ongoing revitalization/redevelopment efforts. To encourage participation in the City's homebuyer's activities, the five-year goal is to provide credit counseling and homeownership training assistance to 80 prospective low-income homebuyers. During FY 2011-12 funding year, the City implemented its Housing Pool primarily with SHIP and HOME monies and used the funds for down payment and closing cost assistance, lot acquisition, rehabilitation and new construction. For larger developments, a non-profit and/or for-profit organization may be allocated funds in a �.. �t��i' . First Pr�gram °tear �P�PE� 2 Attachment number 2 \nPage 3 line of credit format. This allows for the development of small infill projects, as well as the acquisition of several single existing units for rehabilitation and resale. Clearwater's Economic Development and Housing Department - Housing Division oversees the activities of its subrecipient participants and administers the City's rehabilitation and emergency repair program using CDBG, HOME and SHIP funds. The Housing Pool participants submit a client case for approval for down payment and/or closing cost assistance. Once approved, the City encumbers those funds. Upon home closing, the Housing Pool participant will request reimbursement of the funds they expended and their loan processing fee(s). The loan processing fee(s) are not funded until we review the client file and have determined that all necessary documentation has been obtained to verify household income and assets and to substantiate any rehabilitation that may have been done on the home that was purchased. The Housing Pool continues to be one of the most effective ways for our housing partners to access funding for income-eligible clients. The City has identified five general strategies to provide affordable housing over the Consolidated Plan period. They are to provide decent, adequate and affordable housing in safe and desirable environments for: a) renters, b) homeowners, c) homebuyers, d) homeless and e) non-homeless with special needs. a. Rental Strategy The strategy for rental activities includes maintaining the existing rental housing stock through rehabilitation, new construction, conversion, and providing additional funding for acquisition/rehabilitation to very-low income households to ensure that housing costs, including utilities, does not exceed 30% of their gross monthly income. The priorities listed in the current five-year strategy calls for providing decent, adequate and affordable housing in a safe and desirable community for renters. To fulfill this strategy, the City facilitated meetings with developers and discussed potential funding for renovations of existing rental properties and/or new construction projects. Five projects (Covert Apartments, Pine Berry Apartments, Abilities of Morningside I, Abilities of Morningside II and Homeless Emergency Project - Veterans Apartments) funded during the last reporting period were either completed or leased up during this year. They include the following: 1) Covert Apartments (7erry Howe Apartments) On June 8, 2009, Boley Centers, Inc., a private non-profit psychosocial rehabilitation and housing agency established in 1970, presented an application of funding for construction costs to rehabilitate a thirteen-unit apartment complex (Covert Apartments). Boley Centers has developed and operates 15 apartment complexes that provide 150 units of permanent, supportive housing for people with severe and persistent mental illness in Pinellas County. The total cost to renovate the Covert Apartments was $620,950 with the City's contribution being $128,198. Other funding for this project included $117,752 from the Veterans Administration and $375,000 from Boley Centers, Inc. �.. �t��' . First Pr�gram °tear �P�PE� 3 Attachment number 2 \nPage 4 Covert Apartments is located at 1447 and 1451 Gulf to Bay Boulevard in the East Gateway Neighborhood Revitalization Strategy Area. This is a commercial sector that is burdened with a declining business base, deteriorated infrastructure, various building uses and vacant storefronts. The rehabilitation of the Covert Apartments is consistent with the goals and objectives of the City's Consolidated Plan because it improved the appearance of the site and addressed homelessness in the area. The apartment complex is comprised of eight two-bedroom units, four one-bedroom units and one efficiency apartment. All of the prior tenants' incomes were at or below 50% of area median income. The renovation did not result in any permanent relocation for the tenants. However, the tenants might have moved within the complex while their units were being renovated. The scope of the renovation included a new roof on the north building, replacement of windows, countertops and kitchen appliances, carpeting, interior and exterior painting, and making one two-bedroom unit accessible for persons with physical disabilities. The rents for the units are $750 for the two-bedroom units and $500 for the one- bedroom units. However, the tenants will only pay 30% of their adjusted income for rent projected at approximately $202 after utility allowances. The architect for the renovation was Wedding and Stephenson Architects, Inc. and the contractor was General Home Development, Inc. The project was presented and approved by the Neighborhood and Affordable Housing Advisory Board in July 2009. The project was completed September 2011. During FY 11-12, the project was 100% leased. 2) Pine Berry Apartments Pine Berry Senior Apartments, located at 1225 Highland Avenue, made an application for funding to develop apartments for seniors. The amount requested was a$545,000, three percent 30-year loan. The new apartment complex provides 80 affordable multi-family units for the elderly. The project comprises 40 one- bedroom/one-bathroom units and 40 two-bedroom/one-bathroom units. The one- bedroom units are 625 square feet and the two-bedroom units are 780 square feet. The rents are set at 60% of the area median income or lower, based on the requirements of the City. The project site is approximately 3.02 acres and is located on a former bowling alley site. The purchase price of the Pine Berry property was $1.7 million. The cost for the project was $15,859,959. Funding for Pine Berry included $545,000 from the City with $200,000 in funds utilized from the State Housing Initiative Partnership Program and $345,000 in funds utilized from HOME, $9,240,872 was funded through the Federal Low-Income Housing Tax Credit Program, $5,590,341 from the Tax Credit Assistance Program, and $483,746 from the owner's equity. The Development is equipped with an amenity package that includes emergency call service in each unit, a community center, a picnic area, a computer lab, laundry facilities with full size washers and dryers, and a library. RLI Beneficial Development 7, LLC was the Developer of the apartments. RLI has engaged a management company since the project is now complete. �.. �t��i' . First Pr�gram °tear �P�PE� 4 Attachment number 2 \nPage 5 The Partnership submitted a LIHTC Application to the Florida Housing Finance Agency on April 10, 2008. The Partnership obtained their tax credits and architectural drawings in July 2008. The project was completed in July 2011. During FY 11-12, the project was 100% leased. 3) Abilities of Morningside I On September 24, 2010, Abilities of Morningside I submitted an application for funding in the amount of $216,000 to renovate rental housing units located at 2500 Harn Blvd., Units B-2, E-3, F-11, F-14, J-2 and J-8. Abilities at Morningside I is an affiliate of Abilities Inc. of Florida. Funding for this project includes $162,000 from the HOME Investment Partnership Program and $54,000 match from the Pinellas County Housing Trust Program. This project will preserve the existing housing stock for low to moderate-income individuals and families with disabilities. The property renovations included the replacement of windows, HVAC systems, cabinets, doors, flooring, appliances, water heaters, insulation and paint. Household incomes will be limited to 50% of area median income. The existing tenants will remain in the units. The project was completed in July 2012 and the units have been leased to eligible families. 4) Abilities of Morningside II On October 8, 2009, Abilities Inc. of Florida submitted an application to the City in the amount of $86,000 to acquire real property and make renovations to rental housing units located at 2500 Harn Blvd., Units A-8, D-4 and E-12 and 2501 Harn Blvd., Units J-6, J-7, D-9, D-10 and H-24. The total project costs were estimated at $1,283,000. On September 2, 2010, the application for this project was amended to $200,000. The loan was approved by the City as a zero percent, 30-year loan with a five-year deferment. The funding for the project includes $150,000 from the HOME Investment Partnership Program and a$50,000 match from the Pinellas County Housing Trust Fund Program. Abilities Inc. of Florida is a not-for-profit corporation organized in 1959 principally for the purpose of providing vocational evaluation, case management, job training, and employment services for persons with disabilities. The parent corporation includes several affiliate not-for-profit corporations including Abilities at Morningside II, which is the latest expansion of the housing programs sponsored by Abilities Inc. of Florida. The Abilities at Morningside II Project will provide residential units that are scattered throughout the existing condominium complex. The units will be fully wheelchair accessible on the first floor and retrofitted for sensory disabilities for units located on the second floor. The tenant portion of the rents will not exceed 30% of the adjusted gross income for the household, with the balance of the monthly rent being provided by HUD through a Project Rental Assistance Contract. The renovations were interior upgrades including new cabinets, ceramic tile, showers, marble window sills, toilet and bath accessories, minor plumbing modifications, HVAC, minor electrical work, new vanities and integral oval sinks, #3 First Pr�grarn °tear �P�PE� 5 Attachment number 2 \nPage 6 minor drywall patch, painting and finish trim and were completed in June 2012. The units are 100% leased. 5) Homeless Emergency Project, Inc. - HEP West Apartments Project Another project funding in prior years that was not complete during this reporting period is Homeless Emergency Project, Inc. - Veteran Housing Development Project. On May 3, 2010, the Homeless Emergency Project (HEP) submitted an application to the City in the amount of $100,000 to acquire vacant real property located at 1250 Palmetto Street. The property was previously owned by the Pinellas County School Board. HEP is a 501(c) (3) non-profit organization that was founded in 1986 to meet the needs of a growing number of homeless individuals and families. HEP provides emergency shelter, transitional housing, and family rental units for the homeless population. In addition to housing, the agency provides food, intensive case management, clinical services, free dental care, child care and other supportive services to the homeless. The vacant land will be used to develop transitional housing for homeless veterans and individuals. The sale price was undetermined at the time of the application; however, a February 10, 2010 appraisal listed the value of the land at $558,000. The subject property is 2.9 acres. On August 3, 2010, HEP submitted an amended application for the acquisition and construction costs in the amount of $365,000, the sales price the owner had agreed to sell the property for and an application in the amount of $302,000 for a portion of the development costs for the construction of 32 fully-furnished, single occupancy apartment for male and female veterans. The total development cost for the project is $3,497,144. The sources include the City contributing an additional $725,000 (in addition to the $372,340 provided for land acquisition), Pinellas County contributing $1,800,000, and the agency providing $599,804. The City's commitment for the development project was presented and approved by the Neighborhood and Housing Advisory Board on November 22, 2011. The Clearwater City Council approved the project on December 1, 2011. The Ribbon Cutting Ceremony took place on October 25, 2012. NEW RENTAL PROJECTS During this reporting period, the City provided funding to three new projects and modified the terms of an existing housing project to ensure its performance. The three new projects include the following: 6) Prospect Towers of Clearwater, Inc. On April 4, 2012, Prospect Towers of Clearwater, Inc. submitted an application to the City in the amount of $800,000 to renovate Prospect Towers located at 801 Chestnut Street. The renovations will include replacing the water tanks, air handlers, pipe insulation, modernize the elevators, and other eligible improvements. �.. �t��i' . First Pr�gram °tear �P�PE� 6 Attachment number 2 \nPage 7 Prospect Towers is a 208-unit apartment building that is comprised of 96 efficiency units and 112 one-bedroom units. The property includes a seventeen-story building and parking lot. The features include utilities (Electric, Gas, Water and Sewer) in the rent, 24/7 on-site Desk Clerks, Emergency Call Buttons, Community Library, and an on-site Wellness Center. Prospect Towers was originally funded through HUD's Section 231 Mortgage Insurance Rental Housing for the Elderly Program, which required the project to remain an affordable housing development. The Section 231 Program was designed to increase the supply of rental housing specifically for the use and occupancy of elderly persons and/or persons with disabilities. Prospect Towers' residents must be at least 62 years of age or have a disability and the capability to care for the apartment in which they reside. Recently, Prospect Towers repaid the loan to HUD, which no longer obligates Prospect Towers to remain affordable. By approving this 30-year loan with a five-year defined repayment at $6,000 payable for year one and $12,000 payable for years two through five and an amortized 25- year loan on the remaining balance at one percent interest rate per annum, the City will ensure that the housing units remain affordable over the next thirty years. The City will require Prospect Towers to enter into a land use restrictive agreement for a 30-year affordability period on the HOME-assisted units (total of 20 units). As with the original obligation, Prospect Towers has indicated their intent is to keep not only the HOME-assisted units affordable, but all units affordable. The Articles of Incorporation state in Article Third the purposes of the corporation including "to provide for elderly families and elderly persons on a non-profit below cost basis rental housing....". Similar language is found in the Bylaws, Article II, Section 1(a). The City of Clearwater will base affordability upon rents being at or below the Fair Market Rent level, as adjusted annually by HUD and will monitor the loan on a yearly basis. The Prospect Towers Board of Directors unanimously approved the term sheet at their meeting on May 22, 2012. The agency is currently renovating the units with completion expected in the next reporting period. 7) Boley Centers, INC. — Sunset Point Apartments Development Project In September 2011, the City of Clearwater placed a Notice of Funding Availability for development of rental housing projects funded through the Neighborhood Stabilization Program 3. Boley Centers, Inc. submitted an application on September 26, 2011 for the Sunset Point Apartments Acquisition/Development Project and Catholic Charities submitted an application for the San Remo Apartments Acquisition/Renovation Project. After careful deliberation, Boley Centers, Inc. was awarded $180,000 on November 3, 2011. On March 27, 2012, Boley Centers, Inc. submitted a request for an additional $166,451 for additional construction costs and impact fees associated with the project. The total requested for the project was $346,451. The Sunset Point Apartments is a proposed fourteen-unit development that will be financed largely with a Section 811 Capital Advance Grant from the U. S. Department of Housing and Urban Development. The HUD 811 grant will pay for a large portion �.. �t��i' . First Pr�gram °tear �P�PE� 7 Attachment number 2 \nPage 8 of the construction of the development. Additionally, the HUD 811 comes with a Project Rental Assistance Contract which provides a project based rental subsidy. Boley Centers, Inc.'s proposal was for the cost of the land at $175,000 and closing costs estimated at $5,000. Boley Centers, Inc. estimated that the HUD 811 award would be for $1,787,263. Boley Centers, Inc. would provide an additional $10,000 as the initial capital advance. The total project cost is estimated at $1,975,687. Boley Centers, Inc. has acquired the vacant land with a bridge loan from the Bessie Boley Foundation. The bridge loan allows Boley Centers, Inc. the ability to acquire property in advance of the HUD application process, but must be repaid in order to allow the foundation to continue providing such advances. The project, located at 1401 and 1443 Sunset Point Road, consists of one eight-unit building and one six-unit building with a two story design. All units are one bedroom for individuals who are very low-income and are diagnosed with a mental illness. Each one-bedroom unit is approximately 540 square feet with all common areas handicap accessible. Two of the units will be designed for accessibility and adaptability for various types of disabilities, including wheelchair usage. An additional unit will be designed for an individual with a sight and/or hearing impairment. The units will be designed to implement Green initiatives. The proposed development is shovel-ready. The plans and specifications have been submitted for permitting, the site plan has been approved by the City, the SWFWMD permit has been issued, and a contractor has been chosen and provided a bid. The bid has been reviewed by a certified HUD-approved estimator and a Phase One Environmental Site Assessment has been completed. The assessment deemed the property environmentally clean. The project is scheduled to commence in January 2013. The housing provided through this project is intended solely for adults with a chronic and persistent mental illness who have very low-income (most will have less than 35% AMI). All of the units will be provided to individuals whose income is 50% of AMI or below. Their primary diagnoses are schizophrenia or major mood disorder. Most have a long history of psychiatric hospitalization. Many also have had substance abuse problems. The development of permanent, independent housing units provides opportunities for clients who desire and need restrictive housing options than they would have in group homes or supervised apartments. Boley Centers, Inc. is the leading provider of residential services in Pinellas County for adults with a severe and persistent mental illness and the only provider for the non-elderly. Boley Centers, Inc. currently has 275 supported housing beds with 23 under development. There are currently 557 individuals on Boley Centers, Inc's waiting list for HUD 811 housing. There are 317 people on the Boley Centers, Inc's tenant based rental housing vouchers waiting list. 8) Pinellas County Housing Authority — Norton Apartments On September 14, 2012, Pinellas County Housing Authority, Inc. (PCHA) submitted an application for funding to renovate Norton Apartments. The requested funds of $304,466 will be used for roofing, flooring, kitchen & bathroom cabinets with counter replacements, and energy efficient fixtures to include hot water heaters, new lighting, and ceiling fans as all of these items have reached or are beyond their #3 First Pr�grarn °tear �P�PE� � Attachment number 2 \nPage 9 useful life. These improvements will benefit the residents whose income is at or below 50% of AMI, both in energy efficiency and improved living standards. Norton Apartments is a HUD-subsidized, project-based Section 8 property located at 1450 South Martin Luther King, Jr. Avenue. The property consists of 48 units serving residents at or below 50% AMI (currently 87% of the residents are extremely low- income at or below 30% AMI). PCHA acquired the property on March 15, 2011. The previous property owner filed bankruptcy and during their ownership, HUD had threatened termination of the Housing Assistance Payments contract on the property due to three failed REAC inspections. PCHA has secured a 20-year Housing Assistance Payments contract to ensure the units remain HUD-subsidized. PCHA has infused over $3.4 million into the acquisition and rehab of Norton Apartments. Further improvements are needed to finish the needed rehab. No. of Buildings: 6 residential plus 1 community space Unit mix: Bedroom No. of One or Sq Ft Rents* Size Units of Two No. of This Type Story Baths 1 g 1 � 556 $725 2 �5 1 � 784 $899 3 16 2 1 1/2 1,065 $984 4 6 2 2 1,284 $1,120 ADA 3 1 � 784 $899 *Rents are subject to HUD-approved annual renewal amounts PCHA has the capacity and resources to see this project to completion. Construction will commence on October 1, 2012 with a scheduled completion date of April 30, 2013. HOMEOWNER REHABILITATION PROGRAM FY 11-12 9) Palmetto Park Apartments Loan Restructuring In this reporting period, the City modified the terms of the mortgage provided to Palmetto Park Apartments to maintain its affordability. On December 31, 2001, the City of Clearwater City Council approved a$700,000 loan to Greenwood Apartments, LLC c/o Banc of America Community Development Corporation (BACDC) to purchase/renovate Palmetto Park Apartments (formerly known as Greenwood Apartments). Palmetto Park Apartments is a 192-unit rental housing complex originally built in the 1950's. The property is located at 1001 North Martin Luther King, Jr. Avenue. The original loan included an eighteen-year term with a 10-year deferment or twenty-four months of positive cash flow after the Developer's fee, whichever came first, and a three percent interest rate from year eleven through year eighteen. At the time of renovation, the project costs were estimated at $13 million. First mortgage financing was through Pinellas County Housing Finance Agency bonds in the amount of $6,500,000; other sources of funding included City of Clearwater SHIP funds at $700,000, Pinellas County SHIP funds at $300,000, tax credit equity at $3,900,000, Neighborhood Reinvestment Corporation (through Clearwater �.. �t��' . First Pr�gram °tear �P�PE� 9 Attachment number 2 \nPage 1i Neighborhood Housing Services, Inc.) at $200,000, a Brownfields grant at $21,000, Banc of America Equity at $1,100,000, and a deferred developer fee at $1,100,000. The City injected an additional $300,000 on March 20, 2003 to bring its total loan amount to $1,000,000 for the acquisition/renovation project. It was anticipated the City would receive approximately $1.25 million in return for its investment through the loan repayment with interest. Due to prior problems with lease-up, high vacancy rates, and low rents, the project did not generate enough positive cash flow to pay the City loan (in second position). The property was encumbered by over $9.4 million of debt and was estimated to be valued between $1.3 and $1.5 million in 2012. The amount due to the City, including interest, is $1,185,153. In order to improve the project's status, BACDC sold its' interest to HaIlKeeen Management, Inc (Hallkeen). As part of the contract with HaIlKeen, BACDC paid off the existing $3.4 million first mortgage. In addition, another $1.8 million of BACDC loan was eliminated thereby lowering the property debt to $4.2 million. Hallkeen is a for-profit professional real estate management and investment company with a focus on quality affordable housing communities. Hallkeen manages over 65 properties and 6,500 units of housing along the east coast and takes great pride in its experience and reputation as a strong community partner in planned development and redevelopment initiatives that serve a mix of uses and populations while promoting economic development, affordable housing, smart growth, adaptive reuse and historic preservation principals. Hallkeen is an investor in about 60% of the communities it manages. The City of Clearwater modified its loan from 18 years to a new 30-year, 3% interest loan, starting on the closing date; increased the loan amount to include accrued interest to date of closing; restructured cash flow priorities; and extended the Land Use Restriction Agreement. This restructure allows the project to remain solvent and allowed HKM to reduce project debt. In addition, the City will begin to receive an annual return on its investment beginning at an estimated amount of $52,533 in 2012, increasing to $78,998 in 2017, and elevating until the loan is repaid. The increase in net operating income would allow Hallkeen to invest in community projects at the complex. b. Homeowner Strategy The strategies for homeownership activities are listed as follows: 1. Increase homeownership within the City of Clearwater; 2. Bring housing up to standard (and modernize when possible); 3. Remove architectural barriers; 4. Demolish units that prove economically unfeasible to rehabilitate and provide relocation benefits; 5. Ensure housing costs are in the general range of 30% of household income, and; 6. Promote energy efficiency and prevent loss of homes. Sixty-seven percent of the housing units in Clearwater are over 20 years of age. To assist homeowners who need rehabilitation, the City offers loans through the �.. �t��i' . First Pr�gram °tear �P�PE� 10 Attachment number 2 \nPage 1 Housing Division and through the approved housing non-profits participating in the City's Housing Pool. The loans are available to owner-occupied households with incomes that are very-low to moderate, with a priority on very-low and low income households. During FY 2011-12, the City made a total of fourteen (14) owner-occupied rehabilitation loans with CDBG and SHIP Program funds. One (1) SHIP-only loan was provided to a low to moderate-income family with income of less than 50% of area median income. An additional combination of CDBG and SHIP loans were provided to thirteen (13) low to moderate-income families. Of those loans, two (2) were provided to families with income less than 50% of area median income and eleven (11) loans were provided to families with income between 50-80% of area median income. Homeowner rehabilitation produced $244,329 in expenditures from the CDBG Program with an additional $78,249 in SHIP funds. The total expenditures from all funds were $322,578. HOMEOWNER REHABILITATION PROGRAM FY 11-12 CDBG Program z 9 0 11 SHIP Program � Tota I 3 11 0 14 In addition, the City worked on the following homeownership new construction projects: 1) Pinellas County Habitat for Humanity Community Housing Development Corporation, Inc. A Community Housing Development Organization is a private non-profit, community- based service organization whose primary purpose is to provide and develop decent, affordable housing for the community it serves. To assist in achieving these purposes, the City of Clearwater, under the HOME Investment Partnership (HOME) Program, must reserve not less than 15% of their HOME allocations for investment in housing to be developed, sponsored, or owned by Community Housing Development Organizations (CHDOs). Pinellas County Habitat for Humanity Community Housing Development Organization, Inc. (PC Habitat for Humanity CHDO) is a Florida not-for-profit corporation established in August 2010 to provide decent housing that is affordable to low to moderate-income families and to further the affordable housing mission of Habitat for Humanity of Pinellas County, Inc. �.. �t��i' . First Pr�gram °tear �P�PE� 11 Attachment number 2 \nPage 1; On September 11, 2011, PC Habitat for Humanity CHDO applied for a designation as one of the City's eligible CHDOs and for funding to develop affordable housing. On December 20, 2011, the City entered into a CHDO agreement with PC Habitat for Humanity CHDO to provide funding in the amount of $225,808.36 to develop affordable housing. The funding provided were through the FY 2007, 2009 and 2010 HOME Program CHDO set-aside allocations of $52,697.26, $88,352.85, and $84,758.25, respectively. The CHDO agreement had a one-year effective term from October 1, 2011 through September 30, 2012. Due to delays outside the scope of the organization, the agency was unable to meet its obligations. The agency has obtained the necessary approvals and is now ready to move forward with the project. The agency has requested to enter into a new two-year agreement to purchase three vacant parcels in the Stevens Creek Subdivision to build new single family homes and to recertify the agency as a CHDO for an additional year. HOME Program regulations require grantees to recertify CHDOs annually or each time they receive additional set-aside funds. 2) Pinellas County Habitat for Humanity — Stevens Creek Housing Development Project Habitat for Humanity of Pinellas County, Inc. (Habitat) originally submitted an application on December 19, 2008 for funding in the amount of $600,000 to acquire real property that will be used to build single family homes for low to moderate- income families. The funding was approved through the Pinellas County housing Trust Fund in the form of a deferred payment loan with no interest. The funds will be repaid when each home is sold to an eligible homebuyer. After purchase, Habitat obtained a$124,000 grant from the City through CDBG funds to demolish the structures. The said property is located at 1884 Betty Lane and contains approximately 8.81 acres of land. The site is the former Homer Villas, a rental community previously owned by the Clearwater Housing Authority. The acquisition is subject to Habitat building affordable housing units for mixed income families. A minimum of 50 units must be for families whose income is less than 80% of inedian income. The property acquisition cost was $1,189,350 which equals $20,158 per unit acquisition cost. Other investments in the acquisition/development process included financing from Pinellas County and Neighborhood Lending Partners of West Florida, Inc. On September 29, 2008, Pinellas County provided a HOME Investment Partnership Program loan in the amount of $1.425 million to Habitat for a portion of the acquisition costs and site improvements. Other Pinellas County investments in the development of the housing units included $730,000 in funding through the Neighborhood Stabilization Program 2 on July 29, 2011. Also on July 29, 2011, Neighborhood Lending Partners of West Florida, Inc. provided a revolving line of credit in the initial amount of $500,000 with a maximum principal indebtedness, including future advances of $1 million. To facilitate funding for the completion of 25 units in the subdivision, Habitat requested funding from the City through its Neighborhood Stabilization Program 3 for construction financing. �.. �t��i' . First Pr�gram °tear �P�PE� 12 Attachment number 2 \nPage 1; 3) SP Country Club Homes, LLC — Housing Development Project On March 17, 2008, SP Country Club Homes, LLC (the Borrower) entered into a contract with the City of Clearwater to purchase a 2.07 acre parcel to construct and sell a 31-unit townhouse project named "Country Club Homes". The units would vary from two to three bedroom units and would be sold between $142,000 and $156,000 to eligible homebuyers whose income is less than 120% of area median income. The funding involves an initial commitment from the City utilizing Community Development Block Grant Program in the amount of $700,000. An additional funding commitment from the Suncoast Partnership with funding through the Neighborhood Stabilization Program 2 was also required. This included funding though Pinellas County and Neighborhood Lending Partners. To stimulate construction and home sales, the Borrower requested additional funding to build a four-unit building. The City reviewed the Borrower's request to build the units located at 1281, 1283, 1285, and 1287 Sawgrass Street with the City providing conditional approval as follows: A loan in the amount of $475,770 through the Neighborhood Stabilization Program 3 for the development of four town home housing units referenced above. The loan amount of $475,770 will be provided to SP Country Club, LLC upon the satisfactory completion of the construction work as identified in the Developer Agreement. The loan will be provided as a zero-percent (0%) 24-month loan. The construction loan is a 24-month deferred payment loan with no payment required during the 24-month construction period. Should the Borrower default on the loan during the construction period, the entire amount of the loan will become due and payable. Once the four units are built, the loan will be satisfied as each unit is sold to an eligible homebuyer. The amount for the loan will be repaid through the sales proceeds. The City may leave an amount behind in each sale through a developer subsidy or affordability subsidy for down payment and closing cost assistance to the homebuyer. The homebuyer must enter into land use restrictive covenant for a thirty-year affordability period. Default conditions will be outlined in the mortgage and note. c. Homebuyer Strategy The strategies for homebuyers include housing counseling programs that address pre-ownership issues, credit counseling, budgeting and foreclosure prevention to the very-low, low and moderate-income households. The 2012 Median Income for a family of four (4) in the Tampa/St. Petersburg/Clearwater Area is $56,400. The low- income threshold is $45,100 for households at 80% of area median income and $28,200 for households at 50% of area median income. Other strategies include easy access to affordable homeownership opportunities by providing larger subsidies to the very-low income credit-ready households and those purchasing homes within the City's target areas. The homebuyer strategy also provides a means to finance the cost of rehabilitation as part of acquisition, providing additional affordable housing units to very-low and low-income households, upgrade neighborhoods and encourage activities to promote safer neighborhoods. #3 First Pr�grarn °tear �P�PE� 13 Attachment number 2 \nPage 1� The City offers several programs that assist in making housing more affordable to very-low to moderate-income homebuyers. The City's Homeownership Program lends funds to purchase land, provide down payment assistance, pay impact fees, pay disposition costs, pay closing costs and build new homes for income eligible homebuyers. Funds in this program are also available to approved non-profit agencies financing their clients home ownership needs. Currently these agencies include: 1. Clearwater Neighborhood Housing Services, Inc. 2. Habitat for Humanity 3. Largo Area Housing Development Corporation 4. Tampa Bay Community Development Corporation The funds will be leveraged against private sector financing to provide affordable housing. The five-year goal for homebuyers calls for assisting 100 homebuyers with down payment and closing cost assistance and providing 80 homebuyers with educational services in regards to purchasing a home. The City did not budget funding for housing counseling as a single project. Instead, housing counseling services was provided to homebuyers who purchased homes with HOME Program funding. Thirteen (13) individuals/families took part in the education/counseling services during this reporting period. Eleven (11) participated in both TBCDC Programs (Homeownership Counseling and Homebuyer Education Programs) and two (2) participated through Clearwater Neighborhood Housing Services, Inc. Housing Education/Counseling Programs. Other activities supported by the City included providing funding for the acquisition of vacant land and building single family homes, providing funding to purchase existing homes and rehabilitating them and providing down payment and closing cost assistance to purchase new and existing homes. In this reporting period, $1,198 in CHDO HOME funds was expended by Clearwater Neighborhood Housing Services. These funds were used to complete a project that began in a prior year. The City's Down Payment and Closing Cost Program provided new homebuyer opportunities to fourteen (14) families. All of the families assisted had incomes between 50-80% of area median. The average purchase price of the homes was $100,021. HOME BUYER PROGRAM FY 11-12 Home Program o 0 0 �.. �t��' . First Pr�gram °tear �P�PE� 14 Attachment number 2 \nPage 1; HOME/SHIP Program o 12 0 12 HOME/SHIP/ PCHTF Program o 2 0 Tota I 0 14 0 14 Note: HOME Program funds require a local match, unless it is a CHDO Project. SHIP Program funds do not require a local match. A total of $147,787 in HOME funds, $11,250 in Pinellas County Housing Trust Program funds and $38,013 in SHIP funds were provided to make homeownership possible. This public investment of $197,050 resulted in $1,272,884 in private capital being placed in the City's economy. d. Homeless Strategy Policy Direction The Homeless Leadership Board (HLB) was created on February 1, 2012, through the merger of the Pinellas County Coalition for the Homeless, Inc. and the Homeless Leadership Network. Its mission is to prevent, reduce, and end homelessness in Pinellas County. The HLB was created by an Interlocal Agreement among: Pinellas County; the Cities of Clearwater, Largo, Pinellas Park, St. Petersburg, and Tarpon Springs; the School Board of Pinellas County; the Pinellas-Pasco Public Defender's Office; and the JWB/Children's Services Board. The HLB has a maximum of 21 members, of which seven are elected officials. The remaining members represent business, service providers, the faith-based community, a developer, hospitals/medical care, community leaders, and a homeless/formerly homeless person. The roles and responsibilities of the Homeless Leadership Board are: o Policy: Set and implement policies for the homeless services system and ensure the system and its parts adhere to them. o System Planning: Plan, implement, and advocate for design and critical activities of the Pinellas system of services. o Oversight: Monitor and report on system and provider performance towards adopted community-wide goals/outcomes o Accountability: Design, track, and report on outcomes and accountability measures to ensure resources are used effectively and homeless persons gain stable housing. o Operations: Perform all 'Lead Agency' responsibilities for federal and state homeless funding, such as the HUD Continuum of Care and the state's homeless grants. o Financial: Administer funding from federal, state, and local public and private resources for homeless services, provide strategic alignment of local funding to best meet the county-wide service system needs, and secure additional resources. o Coordination: Coordinate planning, funding, and activities with existing bodies as much as possible, such as Juvenile Welfare Board, the Low Income Housing and Health/Behavioral Health Networks, HUD-funded �.. �t��i' . First Pr�gram °tear �P�PE� 15 Attachment number 2 \nPage 1i County and City Emergency Solutions Grants and CDBG funds, Pinellas County Health & Human Services, the Public Housing Authorities, etc. Advocacy: Advocate for effective homeless/at-risk services at the local, state, and federal levels. There are two major Councils under the HLB with very specific roles. The Providers Council (made up of public and private homeless and at-risk service providers) develops recommendations to the HLB to improve the homeless services system, create policies, and address gaps in services. The Funders Council (soon to be created, composed of representatives of public and private funders of homeless/at- risk services) will develop recommendations to the HLB on how funds controlled by the HLB are distributed, and how all homeless funding in the County can be better coordinated. The main focus areas for the HLB for the next fiscal year are: Re-Design of Homeless/At-Risk Services System a. Create a homeless services system that emphasizes moving people from homelessness to permanent housing with wrap-around services more rapidly, while making it easier for the homeless/at-risk persons and families to get help. b. Create and implement Coordinated Access and Assessment process that is the same across all related programs and systems, starting with one for families with children who are homeless or about to lose housing. c. Implement some Rapid Re-Housing programming this year as funding becomes available, starting with families with children. d. Make other changes that move people into permanent housing more rapidly, including reviewing all currently-funded programs for continuing need and effectiveness. e. Complete long-term/strategic planning for system re-design, including ongoing quality improvement. f. Ensure that infrastructure (staff and TBIN) is sufficiently funded. 2. Secure Funding for Services, Short and Long-Term a. Secure funding by top priority target populations and services needed for them (families with children, unaccompanied youth, and chronic homeless). b. Prioritize ongoing funding for Safe Harbor and Pinellas Hope. c. Secure needed funds to expand portals/emergency shelters for families with children and unaccompanied youth. d. Pool resources with partners. 3. Design and Implement the Performance Outcome System and Goals a. Complete the design of the performance outcomes system in this year, and implement as soon as possible. Outcomes will include new HUD- required goals as well those determined to be important locally b. Define expected community-wide outcomes for the whole system as well as individual providers, and by target populations such as families and unaccompanied youth. 4. Plan and Implement an Advocacy and Education Program for Business, Elected Officials, and Community �.. �t��i' . First Pr�gram °tear �P�PE� 16 Attachment number 2 \nPage 1 a. Educate local community and its component parts on the causes and effective responses to homeless issues for various target populations, to garner support and possible additional targeted funding, b. Advocate for better understanding of homeless issues and need for support at the state and federal levels and with elected officials. 5. Update 10-Year Plan to End Homelessness and Set Numerical Goals That Can Be Tracked a. Make this part of the long-term/strategic planning process. b. Set specific goals by target populations, including families with children, chronic homeless, unaccompanied youth, others. c. Include evaluation measures in all goals. The City has embarked on a new effort to address the condition of homelessness in our community. We have initiated a comprehensive, holistic approach in an effort to reduce the number of homeless individuals and families in Clearwater by placing the homeless into programming that will assist them in getting off the street. On a yearly basis, nearly 700,000 people will experience homelessness across the country. According to the 2011 Point-In-Time count of the homeless population in Pinellas County, the total Pinellas County homeless count was 5,887. The majority of unsheltered homeless persons were single male, and the most common reason for current homelessness was financial problems (alcohol/drug/mental health problems was the second most common reason). There has been a long-standing myth that communities cannot do much to reduce homelessness. Yet many communities around the United States have been able to dramatically reduce homelessness in a holistic way. Ron Powers, a Pulitzer Prize- winning journalist, said that "if you always do what you always did, you will always get what you always got". If we continue to address homelessness in the same manner that we have been doing so for decades, we should then expect to see the same results. The national best practice has proven the key is to move from an "enablement model" to a comprehensive system of "engagement". In Clearwater, there are three programs that engage homeless individuals and families: HEP (Homeless Emergency Project), RCS (Religious Community Services) and The Salvation Army Transitional Living Center. We need to dramatically expand on the success of these three agencies by engaging each and every homeless individual in our community. Additionally, Pinellas Safe Harbor and Pinellas Hope are two temporary shelters that serve the homeless population of Pinellas County. In addition to providing shelter and food which meet a homeless person's basic needs, all these programs also provide life-skill classes, transportation for employment, job training, mental health and other services. For FY 2012-2013, the City of Clearwater, through its General Fund, has committed to contribute $100,000 to Pinellas Safe Harbor, $50,000 to HEP, $25,000 to the Homeless Leadership Board, $25,000 to Pinellas Hope, $25,000 to RCS, and $25,000 to The Salvation Army of Upper Pinellas. Operational Support The City provided CDBG funding to two agencies assisting the homeless in this #3 First Pr�grarn °tear �P�PE� 17 Attachment number 2 \nPage 1� reporting period - Religious Community Services, Inc. and Westcare Gulfcoast Florida. The chart below illustrates the non-housing homeless allocations and expenditures for FY 2011-12 and prior funds expended in this reporting year. These allocations resulted in many homeless individual/families being provided a place to live and obtain other essential services. FY 11/12 Budget FY 11/12 Expended Westcare of Florida $12,000 $12,000 RCS - The Havens $50,000 $19,350 TOTAL $62,000 $31,350 Homeless Housing Actions Public Services and Facilities The City provided funding in the amount of $12,000 to WestCare GulfCoast Florida, Inc. for salary support to operate the Turning Point overnight shelter. The shelter provides an overnight facility for homeless persons under the influence of drugs and/or alcohol. It operates as an inebriate receiving and intervention program that provides for a 24-hour sobering up area, intensive case management, and placement service. The agency's goal was to serve 150 homeless Clearwater individuals. The agency expended $12,000 and assisted 225 homeless Clearwater individuals. The City provided funding in the amount of $50,000 to Religious Community Services, Inc. for planning and design costs to develop an office building for the Havens of RCS. The Havens of RCS is a facility that offers housing and supportive services for victims of domestic abuse. The agency's goal was to serve 15,139 domestic violence victims (women and children). The agency expended $19,350 and assisted 10,495 families. Housina 1) Covert Apartments (7erry Howe Apartments) On June 8, 2009, Boley Centers, Inc., a private non-profit psychosocial rehabilitation and housing agency established in 1970, presented an application of funding for construction costs to rehabilitate a thirteen-unit apartment complex (Covert Apartments). Boley Centers has developed and operates fifteen (15) apartment complexes that provide 150 units of permanent, supportive housing for people with severe and persistent mental illness in Pinellas County. The total cost to renovate the Covert Apartments was $620,950 with the City's contribution being $128,198. Other funding for this project included $117,752 from the Veterans Administration and $375,000 from Boley Centers, Inc. #3 First Pr�grarn °tear �P�PE� 1� Attachment number 2 \nPage 1! Covert Apartments is located at 1447 and 1451 Gulf to Bay Boulevard in the East Gateway Neighborhood Revitalization Strategy Area. This is a commercial sector that is burdened with a declining business base, deteriorated infrastructure, various building uses and vacant storefronts. The rehabilitation of the Covert Apartments is consistent with the goals and objectives of the City's Consolidated Plan because it improved the appearance of the site and addressed homelessness in the area. The apartment complex is comprised of eight two-bedroom units, four one-bedroom units and one efficiency apartment. All of the prior tenants' incomes were at or below 50% of area median income. The renovation did not result in any permanent relocation for the tenants. However, the tenants might have moved within the complex while their units were being renovated. The scope of the renovation included a new roof on the north building, replacement of windows, countertops and kitchen appliances, carpeting, interior and exterior painting, and making one two-bedroom unit accessible for persons with physical disabilities. The rents for the units are $750 for the two-bedroom units and $500 for the one- bedroom units. However, the tenants will only pay 30% of their adjusted income for rent projected at approximately $202 after utility allowances. The architect for the renovation was Wedding and Stephenson Architects, Inc. and the contractor is General Home Development, Inc. The project was presented and approved by the Neighborhood and Housing Advisory Board in July 2009. The project was completed in August 2011. 2) HEP Veterans Housing On May 3, 2010, the Homeless Emergency Project (HEP) submitted an application to the City in the amount of $100,000 to acquire vacant real property located at 1250 Palmetto Street. The property was previously owned by the Pinellas County School Board. HEP is a 501(c) (3) non-profit organization that was founded in 1986 to meet the needs of a growing number of homeless individuals and families. HEP provides emergency shelter, transitional housing, and family rental units for the homeless population. In addition to housing, the agency provides food, intensive case management, clinical services, free dental care, child care and other supportive services to the homeless. The vacant land will be used to develop transitional housing for homeless veterans and individuals. The sale price was undetermined at the time of the application; however, a February 10, 2010 appraisal listed the value of the land at $558,000. The subject property is 2.9 acres. On August 3, 2010, HEP submitted an amended application for the acquisition and construction costs in the amount of $365,000, the sales price the owner had agreed to sell the property for and an application in the amount of $302,000 for a portion of the development costs for the construction of 32 fully-furnished, single occupancy apartment for male and female veterans. The total development cost for the project is $3,497,144. The sources include the City contributing an additional $725,000 (in addition to the $372,340 provided for #3 First Pr�grarn °tear �P�PE� 19 Attachment number 2 \nPage 2i land acquisition), Pinellas County contributing $1,800,000, and the agency providing $599,804. The City's commitment for the development project was presented and approved by the Neighborhood and Housing Advisory Board on November 22, 2011. The Clearwater City Council approved the project on December 1, 2011. The Ribbon Cutting Ceremony took place on October 25, 2012. e. Non-Homeless Special Needs Strategy Public Services and Facilities CDBG funds were provided in the amount of $30,000 to Pinellas Opportunity Council to administer their Chore Services Program. Through this program, various chore services were provided to sixty-three (63) elderly, frail elderly, developmentally- disabled and physically-disabled individuals to assist them in remaining in their home. The City provided funding in the amount of $3,500 to Personal Enrichment through Mental Health Services, Inc. for salary support to operate their Family Emergency Treatment Center. The center provides assessment, crisis intervention counseling, individual and/or group support counseling, substance abuse assessment and intervention, medication evaluation and administration, service and treatment planning, referrals and other related services. The agency's goal was to serve 163 residents of Clearwater. The agency expended $3,304 and assisted 213 Clearwater residents. The City provided funding in the amount of $55,000 to Directions for Mental Health, Inc. aka Directions for Living for renovations to the adult services section of the building. The renovations included demolition, concrete work, millwork, doors, walls, ceiling, plumbing, HVAC and other building improvements. Directions offer a wide array of services including outpatient therapy and substance abuse treatment to adults, children or families with an identified mental health disability, resource coordination for those who have a diagnosed mental health disability and other related services. The agency's goal was to assist 2,000 individuals and families. Housinq 1) Abilities of Morningside I On September 24, 2010, Abilities of Morningside I submitted an application for funding in the amount of $216,000 to renovate rental housing units located at 2500 Harn Blvd., Units B-2, E-3, F-11, F-14, J-2 and J-8. Abilities at Morningside I is an affiliate of Abilities Inc. of Florida. Funding for this project includes $162,000 from the HOME Investment Partnership Program and $54,000 from the Pinellas County Housing Trust Program. This project will preserve the existing housing stock for low to moderate-income individuals and families with disabilities. The property renovations will include the replacement of windows, HVAC systems, cabinets, doors, flooring, appliances, water heaters, insulation and paint. Household incomes will be limited to 50% of area median income. The existing tenants will remain in the units. The project is complete and the units have been leased to eligible families. �.. �t��i' . First Pr�gram °tear �P�PE� 20 Attachment number 2 \nPage 2 2) Abilities of Morningside II On October 8, 2009, Abilities Inc. of Florida submitted an application to the City in the amount of $86,000 to acquire real property and make renovations to rental housing units located at 2500 Harn Blvd., Units A-8, D-4 and E-12 and 2501 Harn Blvd., Units J-6, J-7, D-9, D-10 and H-24. The total project costs were estimated at $1,283,000. On September 2, 2010, the application for this project was amended to $200,000. The loan was approved by the City as a zero percent, 30-year loan with a five year deferment. The funding for the project includes $150,000 from the HOME Investment Partnership Program and a$50,000 match from the Pinellas County Housing Trust Fund Program. Abilities Inc. of Florida is a not-for-profit corporation organized in 1959 principally for the purpose of providing vocational evaluation, case management, job training, and employment services for persons with disabilities. The parent corporation includes several affiliate not-for-profit corporations including Abilities at Morningside II, which is the latest expansion of the housing programs sponsored by Abilities Inc. of Florida. The Abilities at Morningside II Project will provide residential units that are scattered throughout the existing condominium complex. The units will be fully wheelchair accessible on the first floor and retrofitted for sensory disabilities for units located on the second floor. The tenant portion of the rents will not exceed 30% of the adjusted gross income for the household, with the balance of the monthly rent being provided by HUD through a Project Rental Assistance Contract. The renovations are now complete and the units are 100% leased. 3. AFFIRMATIVELY FURTHERING FAIR HOUSING The City of Clearwater is no longer directly enforcing fair housing laws. The responsibility has been assigned to the Pinellas County Human Relations Department since their office investigates and makes recommendations on all Fair Housing issues for other areas of Pinellas County with the exception of the City of St. Petersburg. The City plays an active role in affirmatively furthering Fair Housing by adhering to the Human Rights Ordinance that Pinellas County adopted in 1984. Pinellas County maintains an Interlocal Agreement with the City of St. Petersburg for the enforcement of the ordinance. The City of St. Petersburg handles enforcement south of Ulmerton Road and Pinellas County enforces north of Ulmerton Road. In 2002, the City of Clearwater, along with the cities of St. Petersburg and Largo, and Pinellas County formed a Fair Housing Partnership to coordinate efforts countywide to support and expand the availability of housing to all, regardless of familial status, national origin, race, accessibility, and disability. The partnership's tools for furthering this effort are educational programs, training, testing, assessments, and enforcement through the appropriate channels. The partnership meets periodically to review programs and to set and review goals. The City remains active in the provision of affordable and accessible housing and promotion of home ownership. The City provides information concerning home ownership, home financing, and home repairs in printed matter and has worked with #3 First Pr�grarn °tear �P�PE� 21 Attachment number 2 \nPage 2; our Public Communications Department to provide information in a variety of other mediums On April 13, 2012, the City partnered with the Bay Area Apartment Association, Bay Area Legal Services, the cities of Largo, St. Petersburg and Tampa, Greater Tampa Association of Board of Realtors, Gulf Coast Legal Services, Hillsborough County Equal Opportunity Administration and Pinellas County Office of Human Rights (Tampa Bay Fair Housing Consortium) to sponsor an Annual Fair Housing Certificate Program. The City provided sponsorship for programs providing workshops on Fair Housing, Accessible Home Design, Landlord-Tenant Rights and Responsibilities, and Real Estate Sales and Rentals. a. Sale or Rental of Housing Fair Housing complaints received by the City's Equity Services Department and Pinellas County Office on Human Rights/Human Relations indicate that discrimination in the sale or rental of housing and provision of housing brokerage services does occur. The City hopes to partner with other local government agencies and conduct a study to determine the level of discrimination. b. Public Policies The high percentage of build-out in the City affects the availability of suitable land for multi-family and affordable single-family development. The City's Community Development Code, design standards, adequate public facility (concurrency) ordinance and building code requirements influence the feasibility of affordable housing projects. Development regulations can limit the potential use of small or irregular infill parcels for affordable housing or increase costs associated with site development and construction. c. Administrative Policies Administrative policies generally support Fair Housing. These include: 1. Marketing housing programs in targeted areas. 2. Providing citywide homebuyers' assistance and education. 3. Placing educational material on the Housing Division's webpage. 4. Carefully reviewing where affordable housing developments will be located. 5. Avoiding a concentration of very-low to moderate-income households in multi-family developments. d. Actions Taken To Overcome Impediments In 1995, the U.S. Department of Housing and Urban Development (HUD) announced that entitlement communities, communities receiving direct federal funding from Community Development Block Grant, HOME Investment Partnership and Emergency Shelter Grant programs, must conduct a study of existing barriers to housing choice. This required study is referred to as the Analysis of Impediments (AI) and is part of entitlement communities consolidated planning process. The purpose of the AI is to examine how state and local laws, private, public and non-profit sector regulations, administrative policies, procedures, and practices are impacting the location, availability, and accessibility of housing in a given area. The #3 First Pr�grarn °tear �P�PE� 22 Attachment number 2 \nPage 2: AI is not a Fair Housing Plan rather it is an analysis of the current state of fair housing choices in Clearwater and identifies specific barriers that need to be addressed if future fair housing initiatives are to be successful. Each jurisdiction receiving federal funds must certify that it is affirmatively furthering fair housing. The certification specifically requires jurisdictions to conduct an analysis of impediments to fair housing choice within the state or local jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. Evaluating fair housing impediments is a complex process involving diverse and wide-ranging considerations. The role of economics, housing patterns, and personal choice are important to consider when examining fair housing choice. Clearwater has relatively few impediments to fair housing. However, some issues were identified. On July 22, 2010, the cities of St. Petersburg, Largo and Clearwater and Pinellas County procured the services of J-Quad Planning Group, a fair housing consultant, to conduct an analysis of impediment to fair housing choice for each entity. The result of that analysis is listed below. The analysis of fair housing choice in the City has resulted in the identification of impediments, identified through a study methodology that included conducting focus group sessions, the construction of a demographic analysis resulting in a community profile and fair housing index, analysis of the Home Mortgage Disclosure Act (HMDA) data for the City and Pinellas County and a fair housing law and public policy and program review. The City's commitment to furthering affordable housing through planning and CDBG/HOME program design and implementation is noteworthy. These efforts will continue to help maintain stability and strengthen its older and lower-income areas. The City and its nonprofit partners are encouraged to expand these efforts into other neighborhoods as a primary means of expanding fair housing choice. Banking, Finance, Insurance and Other Industry Related Impediments Impediment: Impacts of the Sub-prime Mortgage Lending Crises and increased Foreclosures. Remedial Action: Continue to work with the State, National Non-Profit Housing Intermediaries, Federal Home Loan Bank, other lenders and HUD to evaluate programs and identify funding that can help reduces the mortgage default rate and foreclosure rates among low and moderate-income home buyers and existing home owners. Impediment: Low number of loan applications from minorities and low origination rates for minority applicants. Remedial Action: Continue homebuyer outreach and education efforts. Expand homeownership and credit counseling classes as part of a high school curriculum in order to help prevent credit problems later in life. Impediment: Predatory lending and other industry practices. #3 First Pr�grarn °tear �P�PE� 23 Attachment number 2 \nPage 2� Remedial Action: Continue to encourage financial institutions to assist low to moderate-income persons by establishing or reestablishing checking, saving, and credit accounts for residents that commonly utilize check cashing services through bank initiated "fresh start programs" for those with poor credit and previous non- compliant bank account practices. Socio-Economic Impediments Impediment: Poverty and low-income among minority populations. Remedial Action: Continue to work on expanding job opportunities through the recruitment of corporations, the provision of incentives for local corporations seeking expansion opportunities, and the assistance with the preparation of small business loan applications. Support agencies that provide workforce development programs and continuing education courses to increase the educational level and job skills of residents. Neighborhood Conditions Related Impediments Impediment: Limited resources to assist lower income, elderly and indigent homeowners maintain their homes and stability in neighborhoods. Remedial Action: Continue to support and expand program of Self-Help Initiatives based on volunteers providing housing assistance to designated elderly and indigent property owners and assist them in complying with municipal housing codes. Involve volunteers, community and religious organizations/institutions and businesses as a means of supplementing financial resources for housing repair and neighborhood cleanups. Public Policy Related Impediments There were no Public Policy Related Impediments. The City funds programs that offer free classes for persons desiring to become homeowners. The Pinellas Realtor Organization subscribes to the Voluntary Affirmative Marketing Agreement (VAMA) and works to educate its members about Fair Housing. Training and marketing materials have been videotaped and translated into American Sign Language and Spanish. The City promotes home ownership and education at various homebuyer fairs and expositions. The City also provides funding to Community Service Foundation to provide Fair Housing Education. In addition to the Human Relations Department, the City is working with Pinellas County Realtors through the VAMA Program to further fair housing opportunities in real estate transactions. To further these efforts of the VAMA, the Pinellas County Board of Realtors enlisted the services of the Community Housing Resource Board to focus on the federal, state and local enforcement agencies, housing industry groups and volunteer community groups working together to promote fair housing practices. These efforts include: • Providing public information on fair housing • Assessing community fair housing needs and identifying local problems and issues that impede equal housing opportunity �.. �t��i' . First Pr�gram °tear �P�PE� 24 Attachment number 2 \nPage 2: • Evaluating performance and effectiveness of the VAMA • Expanding minority involvement in the real estate industry • Expanding public awareness of housing opportunities in the community • Developing cooperative solutions to problems associated with the implementation of the VAMA Other actions during FY 2011-12 include: • Continued support of Pinellas County Human Relations Department, Pinellas County Board of Realtors, and the Community Housing Resource Board • Continued to work with the local committee of American with Disabilities to view housing related issues for homeowners, renters, or homebuyers with disabilities • Provided HOME and SHIP funding in the amount of $660 to Tampa Bay Community Development Corporation and $60 to Clearwater Neighborhood Housing Service to implement homebuyers training programs, fair housing education and assistance, and default-foreclosure prevention and counseling services • Provided funding in the amount of $27,256 to Gulf Coast Legal Services to implement a fair housing program that offers counseling services, initial needs assessment, rental eviction intervention, and marketing of fair housing programs. The agency assisted 162 individuals • Provided funding in the amount of $8,000 to Community Service Foundation to administer a fair housing program. The agency assisted 80 individuals The Pinellas County anti-discrimination effort focuses on public information and enforcement of fair housing regulations and the County's Human Rights Ordinance. The County publishes a Housing Resource Directory that includes an overview of fair housing law, information about reasonable accommodation and accessibility, and a list of state and local enforcement agencies. The County produces a brochure entitled, Fair Housing in Pinellas County, and distributes approximately 5,000 copies annually. Below market rate mortgages, down payment and closing cost assistance are readily available through the County's Housing Finance Authority and through other agencies. The County is also active in providing and promoting affordable housing, providing low-cost funds for home purchase or repair, and modifications to homes to make them accessible to persons with disabilities. The City directs significant resources to expand the supply of affordable rental housing and partners with a variety of for-profit and non-profit developers and the Housing Finance Authority of Pinellas County. The City also assists developers with a variety of incentives aimed at reducing development costs, impact fees, and regulatory impediments (including providing bonus densities for creating affordable housing). The City encourages mixed-income, multi-family developments to develop affordable housing in areas that are not predominantly low to moderate-income areas as part of a continuing effort to deconcentrate poverty. Funding is denied to developers who do not provide mixed-income housing where the effect could be to racially or economically segregate low-income households. 4. LEVERAGING RESOURCES �.. �t��' . First Pr�gram °tear �P�PE� 25 Attachment number 2 \nPage 2i The City's efforts to provide affordable housing and other services to very low to moderate-income families have resulted in leveraging a great amount of additional ��Y.i��K�� Through the Infill Housing and Down Payment Assistance Programs, the City continues to work closely with the lending and housing non-profits in the community to leverage private investment in home ownership. (Please see Homebuyers Section for accomplishments). In addition, the City works with Community Service Foundation, Tampa Bay Community Development Corporation, and Clearwater Neighborhood Housing Service, Inc. to provide homeownership counseling to support our housing programs. The City's Down Payment and Closing Cost Program provided new homebuyer opportunities to fourteen (14) families. All of the families assisted had incomes between 50-80% of area median. The average purchase price of the homes was $100,021. A total of $147,787 in HOME funds, $11,250 in Pinellas County Housing Trust Program funds and $38,013 in SHIP funds were provided to make homeownership possible. This public investment of $197,050 resulted in $1,272,884 in private capital being placed in the City's economy. FY 2011-2012 HOUSING PROGRAMS LEVERAGE RATIOS Downpayment Assistance I $1,272,884 I $197,050 TOTAL 884 I 5197.050 I 56.45 to 1 r 1C�11 . First Pr�gram °tear �P�PE� 26 Attachment number 2 \nPage 2 FY 2011-2012 COMMITTED/APPROVED HOUSING PROJECTS LEVERAGE RATIOS ACTIVITYTYPE ' PUBUCjPRNATE EXPENDITURE CITY EXPENDITURE RATI� Owner-Housing Development $4,962,800 $2,324,770 $2.13 to 1 Habitatfor Humanity $2,655,000 $1,149,000 Country Club Townhomes $2,307,800 $1,175,770 Rental Housing Rehabilitation $7,384,064 $2,548,217 $2.90 to 1 Norton Apartments $3,354,984 $304,466 HEP Veterans Housing $2,399,844 $1,097,300 Prospect Apartments $0 $800,000 Sunset Point Apartments $1,629,236 $346,451 TOTAL $12,346,864 $4,872,987 $2.53 to 1 5. CONTINUUM OF CARE NARRATIVE The City works closely with the Pinellas County Coalition for the Homeless and various other homeless services providers in addressing the needs of the City's Homeless. The City listed Continuum of Care issues as a high priority in the Consolidated Plan. A total of $50,000 was provided to Religious Community Services - The Havens. The Havens facility provides housing, case management and a variety of services for victims of spouse abuse. The Havens provided spouse abuse services to 10,495 families. The City provided funding in the amount of $55,000 to Directions for Mental Health, Inc. aka Directions for Living for renovations to the adult services section of the building. The City provided funding in the amount of $27,180 to Religious Community Services, Inc. for a cooler/freezers storage system for the RCS Food Bank. The agency provided nutrient-dense foods throughout Pinellas County to 9,769 individuals and families. CDBG funds were provided in the amount of $30,000 to the Pinellas Opportunity Council to administer their Chore Services Program. Through this program, various chore services were provided to 63 elderly, frail elderly, developmentally-disabled and physically-disabled individuals to assist them in remaining in their home. The City provided funding in the amount of $12,000 to WestCare GulfCoast Florida, Inc. for salary support to operate the Turning Point overnight shelter. The shelter provides an overnight facility for homeless persons under the influence of drugs and/or alcohol. It operates as an inebriate receiving and intervention program that provides for a 24-hour sobering up area, intensive case management, and placement �.. �t��i' . First Pr�gram °tear �P�PE� 27 Attachment number 2 \nPage 2� services. The agency's goal was to serve 150 homeless Clearwater individuals. The agency expended $12,000 and assisted 225 homeless Clearwater individuals. The City did not receive any applications for direct support for providing housing opportunities for persons with HIV/AIDS. The City will continue to outreach to agencies that provide services to this community. 6. CITIZENS PARTICIPATION The City maintains a Neighborhood and Affordable Housing Advisory Board to encourage public participation. The Board meets periodically to discuss and make recommendations to City staff and the City Council on housing-related issues. The City Clerk's Office maintains minutes from the meetings. The City has not received any citizen comments on the Proposed FY 2011-12 CAPER. 7. OTHER ACTIONS a. Fostering and Maintaining Affordable Housing The City has been very proactive in fostering and maintaining affordable housing. Although the City cannot control the cost of labor, goods or land costs, the City continues to look for new and creative ways to address the issue of affordability. Some of the steps the City has taken in the past and/or is currently doing include: • Design homes that are practical and efficient • Subsidize impact fees • Provide financing at below market rates, zero percent and/or deferred payment loans • Fund subrecipients to acquire vacant properties and build affordable houses • Work with subrecipients to acquire homes foreclosed by HUD and resell them as affordable housing units • Pay for infrastructure improvements with general revenue funds • Change the City's Development Code to address other development issues • Work with the local housing authority to buy property and resell for affordable housing • Work with developers to put together applications for funding through the Low-Income Housing Tax Credit Program, State of Florida Housing Bond Program and other resources to build or rehabilitate rental units for affordable housing b. Barriers to Affordable Housing In the early years (1992 - 1995) of the City's SHIP Program, the Clearwater's Affordable Housing Advisory Committee (AHAC) reviewed the following areas to identify potential barriers to affordable housing: • Affordable Housing Definitions • Permit Processing • Impact Fee Requirements • Infrastructure Capacity • Residential Zoning Density �.. �t��i' . First Pr�gram °tear �P�PE� 2� Attachment number 2 \nPage 2! • Transfer of Development Rights • On-Site Parking and Setback Requirements • Zero-Lot Line Development • Sidewalk and Street Requirements • Regulatory Review Processes • Inventory of Lands Suitable for Affordable Housing Development The City began receiving SHIP Program funding in 1992 when the Florida Legislature adopted the Sadowski Act. The SHIP Program is a dedicated source of affordable housing funds that are provided annually to cities and counties within the State of Florida. One of the driving forces behind the passage of the Sadowski Act was the Florida Homebuilders and Contractors Associations. As a result of their lobbying effort, SHIP jurisdictions each year must expend 75% of their funds, entitlement and recaptured funds, on activities that involve construction and/or rehabilitation of homes, and in addition, 65% of the funds, entitlement and recaptured funds, must result in homeownership. A major requirement of the SHIP Program, as well as a condition of receiving continued funding, was each jurisdiction had to adopt affordable housing incentives that would assist in the implementation of their affordable housing activities. Each SHIP entitlement community was required to adopt an Affordable Housing Incentive Plan (AHIP), which contained, at a minimum two statutory required incentives: 1. Assurance that permits as defined in Chapter 163.3164(7) and (8) F.S, for affordable housing projects are expedited to a greater degree than other projects; 2. An ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption (420. 9071(16) F. S. ). During the 2007 legislative session, the Florida legislature passed House Bill 1375. Under this bill, approval was granted for the creation of Section 420.9076 of the Florida Statute. This statute requires counties and cities receiving SHIP funds to appoint an eleven member Affordable Housing Advisory Committee (AHAC). The statute further provides that the committee be made up of inembers from a specific industry or a specific group as identified in the statute. The requirement was largely met through the use of the City's existing Neighborhood and Affordable Housing Advisory Board (NAHAB). The City Council adopted Resolution No. 08-15 that created and appointed the AHAC. The duties of the AHAC included reviewing policies and procedures, ordinances, land development regulations and the City's adopted comprehensive plan and recommending specific actions or initiatives to encourage or facilitate affordable housing. Per state statute, at a minimum, the AHAC reviewed and made recommendations on the following: 1. The processing of approvals of development orders or permits, as defined in F.S.163.3164 (7) and (8), for affordable housing projects is expedited to a greater degree than other projects. 2. The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. �.. �t��i' . First Pr�gram °tear �P�PE� 29 Attachment number 2 \nPage 3i 3. The allowance of flexibility in densities for affordable housing. 4. The reservation of infrastructure capacity or housing for very-low income persons, low-income persons, and moderate-income persons. 5. The allowance of affordable accessory residential units in residential zoning districts. 6. The reduction of parking and setback requirements for affordable housing. 7. The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. 8. The modification of street requirements for affordable housing. 9. The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. 10.The preparation of a printed inventory of locally owned public lands suitable for affordable housing. 11. The support of development near transportation hubs and major employment centers and mixed-use developments. In July 2008, the Economic Development and Housing Department contracted with Wade Trim, Inc. to help facilitate the process. Wade Trim coordinated the preparation of the Local Housing Incentive Strategy in cooperation with City staff and the AHAC. The Local Housing Incentive Strategy encompasses the definition, vision, strategic focus areas and incentive recommendations in order to facilitate the development of affordable housing in the City. The AHAC convened on four occasions in order to develop and identify the value of affordable housing, identify the principles for Clearwater's affordable housing and develop a vision statement to be included as part of the Local Hosing Incentives Strategy. A separate focus group consisting of for-profit and non-profit affordable housing developers was organized in order to gain additional insight and recommendations concerning the incentive strategies. The report highlights an affordable housing vision statement that was derived from input by board members. Additionally, AHAC members focused on the values that affordable housing brings to the City. The themes identified centered on the values that affordable housing supports a dynamic and competitive economy, improves the social well being that builds a sense of community, and ensures that the City's workforce can live within the City limits. Furthermore, the AHAC also identified and recommended provisions that would identify adaptive reuse practices, require triennial updates to the City's Local Housing Incentives Strategy, support design standards for affordable housing developers, improve communication and marketing channels for affordable housing, diversify financing resources, and support development of public and private partnerships for the provision of affordable housing. By statute, the initial report was submitted to the City Council by December 30, 2008. After the initial submission, the reports become due every three (3) years on December 31St of the year preceding the submission of the Local Housing Assistance Plan (LHAP). The City Council reviewed the Local Housing Incentives Strategy recommendations that were approved by the AHAC on November 19, 2008. The City Council adopted an amendment to the LHAP to incorporate the local housing incentive strategies it will implement for the City. The amendment included, at a minimum, the state required incentive strategies specified above. Upon approval, the City notified the �.. �t��i' . First Pr�gram °tear �P�PE� 30 Attachment number 2 \nPage 3 state of its adoption of an amendment to its LHAP to incorporate the incentive strategies. The notice included a copy of the approved amended plan in order to comply with the SHIP programs participation guidelines. In future years, as part of the monitoring process conducted by the State of Florida, the monitors will be evaluating how local jurisdictions are implementing their affordable housing incentives in order to ensure they are meeting their statutory obligations. These evaluations will analyze the process and policies that all affordable housing projects go through from start to finish. This process is not totally exclusive to affordable housing projects using SHIP dollars, but any affordable housing project taking place in the City, regardless of the funding source. c. Managing the Process As part of the review process for proposed policies, regulations, plans and programs, the sponsoring City department requests the Economic Development and Housing Department to analyze the economic impact of the action proposed as it pertains to the cost of housing. The analysis shows the estimated increase in cost to an average home. The analyses are maintained on file in the Housing Division of the Economic Development and Housing Department. The City holds public hearings and meetings to obtain citizen input and to respond to citizen proposals and inquiries about activities and program performances. Citizens and other City stakeholders have emphasized the need to consider the City's diverse interests in the establishment of goals, objectives, policies and priorities; the identification of new projects and programs; and in the application, monitoring and evaluation of existing programs. Typically, the Economic Development and Housing Department staff ineets with prospective affordable housing developers to determine the level of assistance and project needs. If the developer proceeds with a project, staff facilitates the plan review and permitting process through the Planning, Building and Engineering Departments. This allows the Economic Development and Housing Department to troubleshoot and streamline the process. Below is a section from the City's Expedited Processing and Ongoing Review Policy. d. Expedited Processing i. Building Department All affordable housing projects, as defined in Chapter 163.3164(7) and (8) F.S., that are located within the City limits are required to include with their application for a building permit a request for Expedited Processing. A copy of this request must be provided to the Building Official and to the Director of the Economic Development and Housing Department. Expedited Processing affords eligible projects priority over projects without this status. When an affordable housing project receives approval, the Building Division notifies the Director who, in turn, will document the timeframe for the application process. ii. Planning Department The Planning Department will follow the City of Clearwater - Community #3 First Pr�grarn °tear �P�PE� 31 Attachment number 2 \nPage 3; Development Code when processing all affordable housing applications for activities that require rezoning, land-use amendments, variances, development orders, etc. Under the Code, all projects are reviewed and may be scheduled for the next meeting of the Development Review Committee (DRC - staff level review) and if needed, the Community Development Board (CDB). Many applications can be decided at the staff level and may not need to go DRC and/or CDB. When affordable housing projects and/or applications are submitted that can be decided at the staff level, they shall receive priority and be reviewed before any non-affordable housing project and/or applications. Applicants must indicate that the project will be an affordable housing development and/or project. The Planning Department has and will continue to implement, where possible, the expedited plan amendment process for large-scale amendments related to the provision of affordable housing. e. Comprehensive Plan Analysis The City's Comprehensive Plan includes a state mandated housing element that analyzes the City's existing and projected housing need. The element contains goals, objectives and policies that work in tandem with other housing policy documents. Fostering and maintaining an affordable housing supply is one of the element's primary goals. The goal is supported by policies that aim to reduce barriers to public and private sector construction of affordable units. The Economic Development and Housing Department coordinated with the Planning Department in 2005 for the preparation of the Evaluation and Appraisal Report (EAR) for the Comprehensive Plan. A focus of the EAR was affordable housing. In this regard, the EAR included an assessment of the successes and shortcomings of the City's affordable housing policies and programs, along with recommendations for improvement. The EAR recommendations were addressed in a major update of the Comprehensive Plan in 2007-2008. As part of the review process, the City formed a Citizen Advisory Committee (CAC) to provide direction in the EAR. The CAC, along with a consultant (Wade Trim, Inc.), established identification of data needs and methods of compilation, meetings, methodology of comprehensive issues analysis, and coordination with other city departments. The results were provided to the City's Planning Department. The Planning Departments recommendations were approved by the City Council. f. Lead Based Paint Lead based paint continues to be a serious problem throughout cities across America. It is usually prevalent in homes built prior to 1978. Clearwater's housing stock is relatively new with the average home being built after 1970. However, the City still maintains that lead based paint is a serious issue and conducts housing inspections to determine if there are defective paint surfaces. If lead conditions are present, the lead paint is either removed or covered in a manner described by HUD. The City will continue its effort to rid structures of lead based paint and will inspect any homes built prior to 1978 for any presence of lead based paint. The City will continue to test and remove all lead based paint surfaces in structures that are being rehabilitated under our programs that are using federal funds. The City will use the services of the Pinellas County Environmental Department to test all structures with defective paint surfaces and the local Health Department to test children for elevated �.. �t��i' . First Pr�gram °tear �P�PE� 32 Attachment number 2 \nPage 3; blood levels. The Willa Carson Community Health Resource Center continues to participate with the City by providing a meeting area for neighborhood based education programs, disseminating information on the hazards of lead based paint, and blood screenings. The City places information about lead based paint and safety on the City's Housing Division website. Program activities include: • Collaboration between public-private agencies involving housing, health, and community-based organizations to facilitate a Healthy Home Team to go door-to-door in the targeted Brownfields area to identify children and homes at risk • Assurance that children identified as at risk receive blood lead testing and the child with elevated lead levels receives follow-up care • Promotion of a public awareness campaign through education via physicians and the community and disbursement of educational materials • Routine placement of educational materials on the City's Housing Division webpage • Assessment of homes at risk to identify lead hazard control services to eliminate hazards identified in homes • Initiation of supportive lead hazard control services to eliminate hazards identified in homes • Evaluation of prevention activities to measure the impact and outcome of program services and intervention efforts in the community g. Poverty Level Assessment The City realized that the most effective way to reduce the number of persons below the poverty level was to increase their income through providing employment opportunities. The City provides funding to support service organizations that reduce impediments for families allowing them to rise above the poverty level. The City provides economic development opportunities to non-profit and for-profit businesses that agree to hire lower-income individuals. Through the coordination of programs, including the Environmental Protection Agency, State Brownfields Redevelopment initiatives, Juvenile Welfare Board, United Way, the Eckerd Foundation, Pinellas County WorkNet, and the University of South Florida, the City will continue to expand its efforts to reduce impediments. h. Institutional Structure To overcome gaps in institutional structures and enhance coordination, the City provided local lenders with information relative to the City's housing programs. Together we are able to provide home ownership and homebuyer opportunities for very-low to moderate-income families. The City and its subrecipients pre-qualify clients to the lender's and City's specifications and provides financing in the form of down payment assistance. i. Public Housing and Residential Initiatives r 1t��i' . First Pr�gram °tear �P�PE� 33 Attachment number 2 \nPage 3� The City understands the benefits of improving public housing and resident initiatives. To improve the lives of families residing in public housing the City targeted the children to break the cycle. The City will continue to work and strengthen our relationship with the Clearwater Housing Authority (CHA) to foster innovative public housing developments, potential joint ventures and residential initiatives. During this reporting period, the Clearwater Housing Authority assisted 1,095 families per month through their Housing Choice Voucher Program. Also through this program it expended $8,797,400 in Housing Assistance Payments. Clearwater Housing Authority assisted 1,030 families through its Public Housing Program and listed $1.8 million dollars in expenditures. 8. HOUSING a. Housing Needs The City has been very proactive in fostering and maintaining affordable housing. Although the City cannot control the cost of labor, goods or land costs, the City continues to look for new and creative ways to address the issue of affordability. Some of the steps the City has taken in the past and/or is currently doing include: • Design homes that are practical and efficient • Subsidize impact fees • Provide financing at below market rates, zero percent and/or deferred payment loans • Fund subrecipients to acquire vacant properties and build affordable houses • Work with subrecipients to acquire homes foreclosed by HUD and resell them as affordable housing units • Pay for infrastructure improvements with general revenue funds • Change the City's Development Code to address other development issues • Work with the local housing authority to buy property and resell for affordable housing • Work with developers to put together applications for funding through the Low-Income Housing Tax Credit Program, State of Florida Housing Bond Program and other resources to build or rehabilitate rental units for affordable housing b. Specific Five-Year Housing Objectives Housina Objective One: Build 25 new mixed-income rental units in conjunction with ongoing redevelopment/revitalization projects. • Federal Funds: HOME/CBDG • State/Other Funds: SHIP, FHFC programs Housina Objective Two: Acquire and/or rehabilitate 40 units in small rental complexes for mixed-income affordable rental housing. • Federal Funds: HOME/CBDG • State/Other Funds: SHIP, FHFC programs r 1t��i' . First Pr�gram °tear �P�PE� 34 Attachment number 2 \nPage 3; Housina Objective Three: Preserve the existing housing stock by rehabilitating 50 units owned by low-income owner households. • Federal Funds: HOME/CBDG • State/Other Funds: SHIP Housina Objective Four: Preserve the existing housing stock by funding the acquisition and rehabilitation/expansion of 25 existing units for new low-income owner households. • Federal Funds: HOME • State/Other Funds: SHIP Housina Obiective Five: Provide direct down payment/closing cost assistance to 80 low and moderate-income homebuyers. • Federal Funds: HOME • State/Other Funds: SHIP, HFA Bonds Housina Obiective Six: Construct 80 new affordable, for sale, in-fill units in support of the City's ongoing revitalization/redevelopment activities. • Federal Funds: HOME/CDBG • State/Other Funds: SHIP Housina Objective Seven: Provide credit counseling and homeownership training assistance to 80 perspective low-income homebuyers. �.. �t��i' . First Pr�gram °tear �P�PE� 35 Attachment number 2 \nPage 3i c. Housing Accomplishments Goals Actual Actual Actual Actual Actual Total FY FY FY FY FY 2011/12 2012/13 2013/14 2014/15 2015/16 Build Mixed 25 5 5 Income Rentals Acquire/Rehab 40 256 256 Mixed Income Rentals Rehab Low- 50 14 14 Income Owner Housin Acquire/Rehab 25 Low-Income Housin Down 100 14 14 Payment Assistance Low-Income Housin Build New 80 26 26 Affordable Housin Housing 80 13 13 Counseling Total Housing 320 315 315 U n its During FY 2011-12, the City made a total of fourteen (14) owner-occupied rehabilitation loans with CDBG and SHIP Program funds. One (1) SHIP-only loan was provided to a low to moderate-income family with income of less than 50% of area median income. An additional combination of CDBG and SHIP loans were provided to thirteen (13) low to moderate-income families. Of those loans, two (2) were provided to families with income less than 50% of area median income and eleven (11) loans were provided to families with income between 50-80% of area median income. Homeowner rehabilitation produced $244,329 in expenditures from the CDBG Program with an additional $78,249 in SHIP funds. The total expenditures from all funds were $322,578. The City offers several programs that help make housing more affordable to very-low and moderate-income homebuyers. The City's Home Ownership Program will lend funds to purchase land, provide down payment assistance, pay impact fees, pay disposition and closing costs and build new homes for income eligible home buyers. Funds in this program are also available to approved non-profit agencies financing their clients home ownership needs. Currently these agencies include: • Clearwater Neighborhood Housing Services, Inc. • Community Service Foundation �.. �t��' . First Pr�gram °tear �P�PE� 36 Attachment number 2 \nPage 3 • Habitat for Humanity • Largo Area Housing Development Corporation • Tampa Bay Community Development Corporation The City provided an allocation of $660 to Tampa Bay Community Development Corporation (TBCDC) to administer their Home Buyers Club and Homeownership Counseling Program and $120 in funding to Clearwater Neighborhood Housing Services (CNHS) to implement a Housing Education/Counseling Program. The City did not provide a pool for home buyer counseling programs. Instead the City provided housing counseling services to homebuyers who participate in the HOME Homebuyer's Program. All of the education and counseling programs were funded through the HOME Program. Thirteen (13) individuals/families took part in the education/counseling services during this reporting period. A total of eleven (11) participated in both TBCDC Programs (Homeownership Counseling and Homebuyer Education Programs and two (2) participated through Clearwater Neighborhood Housing Services, Inc. Housing Education/Counseling Programs. 9. HOME Program a. Assessment of Relationship of HOME Funds The City received an allocation of $500,323 in HOME Entitlement Funds for FY 2011-12. The majority of the funds were set aside for housing development. The table shows how funds for the entitlement allocation were budgeted this reporting period: Subrecipient Housing Pool $375,238 Community Housing Development Or anizations $75,053 Pro ram Administration $50,032 TOTAL $500 323 Funds set aside in the Subrecipient Housing Pool may be used for homeownership rehabilitation; new single-family housing construction, down payment and closing cost assistance, acquisition of real property and other related housing costs. Funds set aside for the Community Housing Development Organization are undetermined. The table lists the activities by which the funds were expended during this reporting period with the FY 2011-12 entitlement allocation, program income and reprogrammed funds from prior years. �.. �t��i' . First Pr�gram °tear �P�PE� 37 Attachment number 2 \nPage 3� Rehabilitation Owner-Occupied $607 Administration/Pro ram Delive Costs $44,920 Rental Housin Develo ment $952,750 Communit Housin Develo ment Or anizations $1,198 Down Pa ment and Closin Costs Assistance $182,712 Total HOME Expenditures $1,182,187 The City has three (3) certified Community Housing Development Organizations (CHDOs); Clearwater Neighborhood Housing Services, Inc., Pinellas County Habitat for Humanity Community Housing Development Organization, Inc. and Largo Area Housing Development Corporation. The City is currently soliciting other organizations to become eligible as a CHDO. b. HOME Match Report Please see Match Report in Appendix under "IDIS Reports". c. HOME Inspections, Affirmative Marketing Actions, Outreach to Minority and Women Owned Businesses Twelve rental housing developments were or will be subject to HOME monitoring inspections. The housing developments include Wellington Apartments, Fulton Avenue Apartments, Lexington Apartments, Homeless Emergency Project - SRO 1, Homeless Emergency Project - SR02, Abilities at Morningside 1, Abilities at Morningside 2, Homeless Emergency Project - Veterans Apartments, Prospect Towers, Inc., Norton Apartments, Pine Berry Senior Apartments, and Alpine. All housing developments provided affordable housing to low to moderate income tenants. The monitoring visits did not show any areas of non-compliance. 10. OTHER HOUSING PROGRAMS a. State Housing Initiatives Partnership (SHIP) Program During FY 2011-12, the City expended the following dollars in association with the development and preservation of loans for housing units for low to moderate-income families with down payment and closing cost assistance for new and existing units. Down Payment and Closing Cost Assistance Loan Program SHIP Funds Expended $47,389 Other Public Funds Ex ended $0 Private Funds Ex ended $976,488 Owner E uit $36,153 TOTAL $1 060 030 �.. �t��' . First Pr�gram °tear �P�PE� 3� Attachment number 2 \nPage 3! Funding from this program provided twelve (12) families with down payment and closing cost assistance. All twelve (12) families had incomes less than 80% of the area median income. Rehabilitation Loan Program SHIP Funds Ex ended $84,104 TOTAL $84,104 Funding from this program provided rehabilitation funds to three (3) families. All the families assisted had income less than 80% of the area median income. A total of $139,623 in total revenues (allocation, program income and recaptured funds) was deposited into the Pinellas County Housing Trust Fund during State FY 2011-12. These funds were generated through the following: State Annual Distribution $0 Program Income $139,623 TOTAL $139,623 b. Emergency Shelter Grants Program The City does not receive any Emergency Shelter Grant Funds. c. Community Development Block Grant Program - Recovery In June 2009, HUD awarded the City $251,549 in funding through the CDBG-R Program. Through this program the City allocated $25,154 for administration, $143,305 for sidewalk improvements and $83,090 for the East Gateway District Fa�ade Improvement Program. During this reporting period, the City expended $7,776 for administration. The program was closed-out during this reporting period. d. Neighborhood Stabilization Program 3 Pursuant to federal regulations published in the Federal Register at 75 FR 64322 and regarding Title III of the Housing and Economic Recovery Act of 2008, as amended, and in accordance with Title XII of Division A of the American Recovery Act of 2009, as amended, additional funds were allocated under Section 1497 of the Wall Street Reform and Consumer Protection Act of 2010 for the Neighborhood Stabilization Program 3(NSP 3) and those established at 24 CFR Part 91 require the City of Clearwater to amend its FY 2010-11 Action Plan to incorporate the proposed FY 2010-11 Neighborhood Stabilization Program Action Plan. The U. S. Department of Housing and Urban Development recently awarded the City of Clearwater $1,385,801 in funding through the NSP 3 Program. The NSP 3 Program is designed to stabilize neighborhoods that have been and continue to be damaged by the economic effects of properties that have been foreclosed or abandoned. The program integrated the following principals: #3 First Pr�grarn °tear �P�PE� 39 Attachment number 2 \nPage 4i • Retain the Community Development Block Grant distinctive requirements • Target and reconnect neighborhoods • Rapidly arrest neighborhood decline • Assure deep targeting requirements • Ensure continued affordable housing • Support projects that optimize economic activity • Build inclusive and sustainable communities • Coordinate planning and resources • Leverage resources The NSP 3 Program has established five allowable housing strategies for funding. They include using the funds for housing related financing mechanism, acquisition and rehabilitation, land banking, demolition, and redevelopment. It was proposed that the City utilizes its funding in the following manner: Activitv Amount # of Units Financing Mechanism $350,000 6 Acquisition and Rehabilitation $397,221 4 Redevelopment $500,000 10 Administration $138,580 TOTAL $1,385,801 ZD The target areas identified by HUD include the city-approved Neighborhood Revitalization Strategy Areas to include portions of the North Greenwood, South Greenwood, and East Gateway Strategy Areas. At the time of HUD's approval of the NSP3 plan, specific projects were not yet identified. After further review and consultation, the City amended the existing Action Plan to make the following modifications: NSP3 Activities to be deleted: • Establish financing mechanisms for the purchase and redevelopment of foreclosed upon homes and residential properties. o Provide financial assistance to eligible homebuyers of up to 120% AMI, to purchase foreclosed properties in the NSP3 Target Areas. Estimated amount - $ 350,000 Acquire and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties. o Provide financial assistance to acquire, rehabilitate and resell foreclosed upon properties in the NSP3 Target Areas. Estimated amount - $ 397,220 Total amount from deleted activities is $747,220. NSP3 Activities to be increased: • Redevelop demolished or vacant properties and use for housing. �.. �t��i' . First Pr�gram °tear �P�PE� 40 Attachment number 2 \nPage 4 o Provide financial assistance to Boley Centers, Inc. to refinance property acquisition costs and develop 14 units of rental housing for individuals with income at or below 50% of AMI located in the targeted NSP areas. Estimated amount - $346,451 • Redevelop demolished or vacant properties and use for housing. o Provide financial assistance to SP Country Club Townhomes, LLC to build 6 townhomes for families at or below 120% of AMI located in the targeted NSP areas. Estimated amount -$475,770 • Redevelop demolished or vacant properties and use for housing. o Provide financial assistance to Pinellas County Habitat for Humanity, Inc. to build 6 new single family homes for families at or below 80% of AMI located in the targeted NSP areas. Estimated amount -$425,000 Total amount of increased activities is $1,247,221. The focus of these proposed activities is to continue construction financing for projects already underway to ensure their success and timely completion. The benefit for moving funding to construction financing is that once the loans are repaid, the City can use those funds as program income for downpayment assistance for these and other properties. e. Pinellas County Housing Trust Fund The City of Clearwater expended a total of $315,380 in funding through the Pinellas County Housing Trust Fund Program (PCHTF) as a match to federal programs. The City provided Homeless Emergency Project with $116,907 to develop a thirty- two (32) unit apartment to be used for housing for veterans and $180,000 to Prospect Towers to rehabilitate two-hundred eight (208) rental housing units for elderly individuals and families. Other expenditures include $13,115 for down payment and closing cost assistance. f. Brownfields Program The Brownfields Area is one of the oldest sections of the City with a low-income, minority population in the most densely populated county in Florida. The City's Brownfields area covers all three of the City's Neighborhood Revitalization Strategy Areas. Clearwater has the distinction of being the first state-designated Brownfields area in the State of Florida. It was over ten years ago since the City was awarded its first EPA Brownfields Assessment Grant. The Clearwater Brownfields Area (CBA), with approximately 244 regulatory listed sites located in over 7,000 properties, is spread across more than 1,842 acres. Clearwater defines Brownfields as "redevelopment opportunities that result in viable economic and community development, residential, and open-space/greenspace projects." The definition reflects a perception of Brownfields that is results-oriented, viewing challenges as opportunities rather than insurmountable liabilities. �.. �t��i' . First Pr�gram °tear �P�PE� 41 Attachment number 2 \nPage 4; Over the last decade, the City has moved aggressively to attract funding for its Brownfields program. The City has received a total of $2.9 million in EPA grants and over $1.8 million in state and other Brownfields related funding. Clearwater has conducted over ninety Phase I Environmental Assessments, over seventeen Phase II Assessments, and fourteen sites have been cleaned up and readied for reuse. To capture the benefits to public health, the City's Economic Development & Housing Department Brownfields Program developed a Model Scoping Plan and Report for the Tampa Bay Region Public Health Monitoring Project (PHM). The PHM was funded from a US EPA Brownfields Assessment Grant. By integrating public health with Brownfields redevelopment, the physical, mental, social and spiritual well being of individuals, families and the community can be improved. To gain insight about health challenges faced by Clearwater communities, an initial meeting was held with local public healthcare providers. A summary report of the meeting was considered an initial measurement to develop a collaborative effort to improve community health, well-being and sustainability. Tangible benefits of Brownfields redevelopment can include health clinics, community gardens, parks and recreations area, and health related business (e.g. pharmacies, diagnostic centers). Public health monitoring offers a variety of tools that can be used to identify the public health needs that may be addressed through Brownfields redevelopment. These include mapping of site characteristics, examination of vital statistics and monitoring of health and environment (e.g. asthma surveillance, lead abatement) among other measures. The CRA acquired the Car Pro property located at 1359 Cleveland Street (see East Gateway NSRA) for environmental remediation. The City performed all the site assessments and is currently working with FDEP and USEPA to complete remediation of environmental impacts related to historical activities at the site. To date, the City received $325,440 in Brownfields Revolving Cleanup Loan Fund dollars. The American Recovery and Reinvestment Act grant funded money for Phase I environmental assessment for the property adjacent to the CarPro project located at 14 S. Evergreen. A Brownfields reuse plan for the East Gateway District was funded from the Brownfields program. The 30+ area encompasses the portion of the East Gateway District from the east side of Lady Mary Drive to the Highland Avenue/Gulf to Bay Boulevard/Court Street intersection generally including parcels along Cleveland Street and Gulf to Bay Boulevard. The subject area contains 64 parcels, constituting 20.65 acres (an additional 9.5 acres of right-of way makes up the remainder of the subject area). In 2012, the City approved $822,490 to properly close a landfill site known as Phillip Jones Park and to renovate the site to be used for youth sports, primarily as a football stadium. The project will include the complete renovation of the current football field, fencing, bleachers, press box, parking, goal posts and other miscellaneous site amenities. 11. COMMUNITY DEVELOPMENT The City utilized a strategy of diversification when selecting CDBG eligible activities. #3 First Pr�grarn °tear �P�PE� 42 Attachment number 2 \nPage 4; During FY 2011-12, funding in the amount of $167,648 was allocated for administration, $222,062 for housing activities (rehabilitation, acquisition, disposition, etc.), $175,000 for program delivery costs for the City rehabilitation, infill and economic development program, $132,180 for public facilities and improvements and $141,351 for public services. In addition to the FY 2011-12 allocations, the City made available $44,263 for the demolition program, $475,900 for public facilities, $924,545 for the housing pool and $33,380 for the administration program through prior years CDBG program funds. FY 2011-12 CDBG/HOME Proiects Public Service Projects The City provided funding in the amount of $8,000 to Community Service Foundation, Inc. for salary support to operate a fair housing counseling and housing placement program. The program provides housing services to help lower income families and individuals locate and secure permanent, decent, affordable housing. The program also strives to counsel households on Fair Housing Landlord/Tenant Rights, and to provide emergency food and shelter program rent and mortgage payment assistance. The agency's goal was to serve 120 households. The agency expended $8,000 and assisted 80 households. The City provided funding in the amount of $27,256 to Gulf Coast Legal Services, Inc. for salary support to implement the agency's Legal Aid to Preservation Housing Project. The project seeks to provide legal assistance for low and moderate-income residents of Clearwater who are victims of predatory lending practices, foreclosure rescue scams, persons who are experiencing or who have experienced discrimination and/or fraud in housing and to remedy these matters through negotiation, mediation or litigation and to assist residents in filing complaints regarding violations of Fair Housing Laws. The agency's goal was to serve 100 individuals. The agency expended $27,256 and assisted 162 people. The City provided funding in the amount of $3,500 to Personal Enrichment through Mental Health Services, Inc. for salary support to operate their Family Emergency Treatment Center. The center provides assessment, crisis intervention counseling, individual and/or group support counseling, substance abuse assessment and intervention, medication evaluation and administration, service and treatment planning, referrals and other related services. The agency's goal was to serve 163 residents of Clearwater. The agency expended $3,304 and assisted 213 Clearwater residents. The City provided funding in the amount of $30,000 to Pinellas Opportunity Council, Inc. for salary support to implement the agency's Chore Services Program. The program promotes better livable opportunities by providing services to the elderly and frail elderly. The services will help to alleviate blight and blighting conditions, reduce crime, and create a sense of pride in their community by providing heavy household cleaning, yard work and minor repairs. The agency's goal was to assist 82 elderly households. The agency expended $30,000 and assisted 63 elderly households. The City provided funding in the amount of $14,892 to the Safety Harbor Neighborhood Family Center for salary support to operate the Neighborhood Family #3 First Pr�grarn °tear �P�PE� 43 Attachment number 2 \nPage 4� Center. The Bridge the Gap project is a combination of services to help individuals and families survive; stay in their homes and to keep the families together by providing food, clothing, hygiene products, baby needs, job training, and financial assistance. The agency's goal was to assist 500 families. The agency expended $14,892 and assisted 448 families. The City provided funding in the amount of $24,000 to the Willa Carson Health Resource Center for salary support to operate a health facility. The center provides accessible, quality, culturally sensitive health care to the uninsured and underserved at no cost. The health care services include blood pressure screenings, diabetic screening, cholesterol testing, clinical breast exams, educational programs, school and work physicals any treatment of minor illnesses. The agency's goal was to assist 730 individuals. The agency expended $24,000 and assisted 690 unduplicated individuals. The City provided funding in the amount of $12,000 to WestCare GulfCoast Florida, Inc. for salary support to operate the Turning Point overnight shelter. The shelter provides an overnight facility for homeless persons under the influence of drugs and/or alcohol. It operates as an inebriate receiving and intervention program that provides for a 24-hour sobering up area, intensive case management, and placement service. The agency's goal was to serve 150 homeless Clearwater individuals. The agency expended $12,000 and assisted 225 homeless Clearwater individuals. The City provided funding in the amount of $12,000 to the Kimberly Home, Inc. for salary support to operate a pregnancy counseling program and provide supportive services to pregnant youths in their transitional housing program. The agency provides housing, education, case management, counseling, life skills training, other supportive services. The agency's goal was to assist 60 youths. The agency expended $10,750 and assisted 116 pregnant youth. The City provided funding in the amount of $9,703 to the Intercultural Advocacy Institute for salary support to implement a Youth Leadership Partnership Program. The program provides leadership and mentoring opportunities to youth in the 6t" and 7tn grades. The program focus is to provide the tools and resources necessary to help youth develop leadership skills plus strong sense of identity and in turn, grow leaders from within the community to serve as role models for their peers and younger student population. The agency's goal is to assist 30 students. The agency expended $6,805 and assisted 26 students. Public Facilities and Improvement Projects The City provided funding in the amount of $50,000 to Religious Community Services, Inc. for planning and design costs to develop an office building for the Havens of RCS. The Havens of RCS is a facility that offers housing and supportive services for victims of domestic abuse. The agency's goal was to serve 15,139 domestic violence victims (women and children). The agency expended $19,350 and assisted 10,495 families. The City provided funding in the amount of $47,180 to Religious Community Services, Inc. for the demolition and replace costs for a 633 square foot, four room, energy efficient walk-in cooler/freezers storage system for the RCS Food Bank. The RCS Food Bank provides nutrient-dense foods throughout Pinellas County as a means to offer healthier food choices to the growing number of food-insufficient #3 First Pr�grarn °tear �P�PE� 44 Attachment number 2 \nPage 4; households Refrigerated foods received, stored and distributed by RCS Food Bank consists of dairy products and fresh produce; the vast majority of the frozen food is healthy proteins. The agency's goal was to assist 69,678 individuals. The agency expended $47,180 and assisted 9,769 individuals. The City provided funding in the amount of $55,000 to Directions for Mental Health, Inc. aka Directions for Living for renovations to the adult services section of the building. The renovations included demolition, concrete work, millwork, doors, walls, ceiling, plumbing, HVAC and other building improvements. Directions offer a wide array of services including outpatient therapy and substance abuse treatment to adults, children or families with an identified mental health disability, resource coordination for those who have a diagnosed mental health disability and other related services. The agency's goal was to assist 2,000 individuals and families. During the prior reporting period, the City provided $89,062 to Religious Community Services, Inc. - Grace House to construct a Computer Learning Center and provide additional storage. The agency was unable to complete the building during the reporting period. The building is complete and is providing computer literacy for 500 children and adults. The City provided $370,000 in CDBG funding to construct a full size lighted multi- purpose athletic field for soccer and football practice in the North Greenwood Community. The field would be developed on an existing grass area that is temporarily used for parking at the Jack Russell Stadium. The construction will include raising the area with fill dirt, irrigation, grassing, fencing and lighting. The field will be used primarily by the Greenwood Panthers Youth Football program the provided structured recreational activities for the youth in the North Greenwood Community. Housing The City provided FY11-12 funding in the amount of $597,300 and prior year funding in the amount of $2,025,620 to agencies in the City's Housing Pool to acquire and/or develop real property, rehabilitate homes or rental units or provide down payment and closing cost assistance to eligible low to moderate-income families. Eligible agencies included in the housing pool were Clearwater Neighborhood Housing Services, Inc., Largo Area Housing Development Corporation, Inc., Habitat for Humanity of Pinellas County, Inc. and Tampa Bay Community Development Corporation. The City expended $1,140,017 and assisted 25 families with owner- occupied funding. On April 4, 2012, Prospect Towers of Clearwater, Inc. submitted an application to the City in the amount of $800,000 to renovate Prospect Towers located at 801 Chestnut Street. The renovations will include replacing the water tanks, air handlers, pipe insulation, modernize the elevators, and other eligible improvements. Prospect Towers is a 208-unit apartment building that is comprised of 96 efficiency units and 112 one-bedroom units. The property includes a seventeen-story building and parking lot. The features include utilities (Electric, Gas, Water and Sewer) in the rent, 24/7 on-site Desk Clerks, Emergency Call Buttons, Community Library, and an on-site Wellness Center. �.. �t��i' . First Pr�gram °tear �P�PE� 45 Attachment number 2 \nPage 4i Prospect Towers was originally funded through HUD's Section 231 Mortgage Insurance Rental Housing for the Elderly Program, which required the project to remain an affordable housing development. The Section 231 Program was designed to increase the supply of rental housing specifically for the use and occupancy of elderly persons and/or persons with disabilities. Prospect Towers' residents must be at least 62 years of age or have a disability and the capability to care for the apartment in which they reside. Recently, Prospect Towers repaid the loan to HUD, which no longer obligates Prospect Towers to remain affordable. By approving this 30-year loan with a five-year defined repayment at $6,000 payable for year one and $12,000 payable for years two through five and an amortized 25- year loan on the remaining balance at one percent interest rate per annum, the City will ensure that the housing units remain affordable over the next thirty years. The City will require Prospect Towers to enter into a land use restrictive agreement for a 30-year affordability period on the HOME-assisted units (total of 20 units). As with the original obligation, Prospect Towers has indicated their intent is to keep not only the HOME-assisted units affordable, but all units affordable. The Articles of Incorporation state in Article Third the purposes of the corporation including "to provide for elderly families and elderly persons on a non-profit below cost basis rental housing....". Similar language is found in the Bylaws, Article II, Section 1(a). The City of Clearwater will base affordability upon rents being at or below the Fair Market Rent level, as adjusted annually by HUD and will monitor the loan on a yearly basis. The Prospect Towers Board of Directors unanimously approved the term sheet at their meeting on May 22, 2012. The agency is currently renovating the units with completion expected in the next reporting period. On September 14, 2012, Pinellas County Housing Authority, Inc. (PCHA) submitted an application for funding to renovate Norton Apartments. The requested funds of $304,466 will be used for roofing, flooring, kitchen & bathroom cabinets with counter replacements, and energy efficient fixtures to include hot water heaters, new lighting, and ceiling fans as all of these items have reached or are beyond their useful life. These improvements will benefit the residents whose income is at or below 50% of AMI, both in energy efficiency and improved living standards. Norton Apartments is a HUD-subsidized, project-based Section 8 property located at 1450 South Martin Luther King, Jr. Avenue. The property consists of 48 units serving residents at or below 50% AMI (currently 87% of the residents are extremely low- income at or below 30% AMI). PCHA acquired the property on March 15, 2011. The previous property owner filed bankruptcy and during their ownership, HUD had threatened termination of the Housing Assistance Payments contract on the property due to three failed REAC inspections. PCHA has secured a 20-year Housing Assistance Payments contract to ensure the units remain HUD-subsidized. PCHA has infused over $3.4 million into the acquisition and rehab of Norton Apartments. Further improvements are needed to finish the needed rehab. �.. �t��i' . First Pr�gram °tear �P�PE� 46 Attachment number 2 \nPage 4 No. of Buildings: 6 residential plus 1 community space Unit mix: Bedroom No. of One or Sq Ft Rents* Size Units of Two No. of This Type Story Baths 1 g 1 � 556 $725 2 �5 1 � 784 $899 3 16 2 1 1/2 1,065 $984 4 6 2 2 1,284 $1,120 ADA 3 1 � 784 $899 *Rents are subject to HUD-approved annual renewal amounts PCHA has the capacity and resources to see this project to completion. Construction will commence on October 1, 2012 with a scheduled completion date of April 30, 2013. An additional $84,758 will be provided to an eligible Community Housing Development Organization to acquire and/or develop or rehabilitate real property. Other Projects Through funding provided from the FY 2011-12 allocation and prior year funds, the City expended $7,475 for demolition costs, $151,884 for administration, $10,000 for economic development program delivery costs, and $79,182 for rehabilitation program delivery costs. A total of $136,040 in CDBG funding was provided to purchase real property located at 14 South Evergreen, Clearwater for a future economic development project. a. Nature and Reasons for Any Changes to Objectives There were no changes or amendments to program objectives. b. Assessment of Grantee Efforts to Carryout Planned Actions The City maintains a consistent process to certify that agencies/non-profits, or subrecipients who request funding through the City's Programs are eligible. The process begins in late February when the City publishes a Notice of Funding Availability. The notice identifies the amount and type of funds available and their eligible uses. The agencies complete an application for funding that is available March. The application is due in April. Along with the application, the agencies also provide a copy of their audit and budget. City Housing Staff review each application for eligibility. A Technical Review Committee will evaluate each application through a competitive ranking system. Their results are forward to the City's Neighborhood and Affordable Housing Advisory Board for approval. Once approved, the recommendations and a notice of public hearing are published in the local newspaper for public comments in May. After the public comment period, the recommendations and public comments are forwarded to the City Council for approval in July. After approval, the Consolidated Action Plan is forwarded to HUD for #3 First Pr�grarn °tear �P�PE� 47 Attachment number 2 \nPage 4� approval. After HUD approval, the City prepares and executes the subrecipient agreements in September for an October start date. To ensure program success, the subrecipients are monitored continually. This process is detailed in the monitoring section of this report. 1. All resources (CDBG, CDBG-R, NSP3, HOME, SHIP and Pinellas County Housing Trust Fund) listed in the Consolidated Plan were obtained through federal, state and local funding. 2. The City supported the Homeless Emergency Project in an application for federal funds. 3. In addition to CDBG, HOME and SHIP funds, the City was successful in obtaining private sector leveraging for new housing construction and financing home purchases. c. Actions of Funds Used Outside the National Objectives All CDBG funds were used for activities that meet the national objectives. d. Acquisition, Rehabilitation and Demolition Narrative Neither the City, nor its subrecipients, acquired or rehabilitated buildings that resulted in the displacement of business, individuals or families as a result of projects funded with CDBG or HOME dollars. All properties that were acquired with CDBG funds were voluntarily obtained and mostly vacant parcels. The City's subrecipients purchased all properties acquired during this reporting period. They include Clearwater Neighborhood Housing Service, Inc. and Habitat for Humanity. When subrecipients become interested in a property they want to acquire, the following steps are required: 1. The subrecipient informs the property owner they are interested in the property. 2. The subrecipient sends out HUD Guide Notice-Disclosures to Sellers with Voluntary, Arm's Length Purchase Offer. 3. The subrecipient informs the owner they do not have the power of Eminent Domain and the purchase would strictly be a voluntary transaction. 4. If the owner is interested in selling the property, an appraisal is obtained. 5. The subrecipient determines just compensation for the property. 6. The subrecipient offers just compensation to the owner. 7. The owner agrees to the offer, the subrecipient may purchase the property 8. If the offer is not acceptable to the owner, both parties walk away from the deal. Temporary relocation benefits were provided to eligible homeowners while their homes were being rehabilitated. Temporary benefits include moving, storage, temporary rents, and utilities. e. Economic Development Narrative �.. �t��i' . First Pr�gram °tear �P�PE� 4� Attachment number 2 \nPage 4! For FY 2011-12, the City expended $10,000 for Economic Development Program Delivery. The program delivery costs were associated with managing the economic development loan portfolio. These costs include, but are not limited to, collecting on unpaid loans, sending out late notices, maintaining data in the City's financial system, and reevaluating loans. Currently, the City has suspended its Economic Development Revolving Loan Program and is reviewing options on its status. At the end of this reporting period, the balance in the City's Economic Development Revolving Loan Program was $224,202. The City continued a fa�ade improvement program with these funds. f. Limited Clientele Narrative The City and its subrecipients maintain files that document all clients who qualify for the limited clientele designation. g. Loans and Other Receivables The City maintains three revolving loan funds: the Rehabilitation Revolving Loan Fund to rehabilitate owner-occupied housing, the Economic Development Revolving Loan Fund to provide loans to for-profit businesses, and an Infill Housing Revolving Loan Fund to acquire real property to build new owner-occupied housing. During the reporting year, the Rehabilitation Revolving Loan Fund generated $28,722 in program income. The cash balance at the end of the reporting period was $275,309. The Infill Housing Revolving Loan Fund generated $6,593 in program income. The cash balance at the end of the reporting period was $293,869. The Economic Development Revolving Loan Fund generated $5,704 in program income. The cash balance at the end of the reporting period was $224,202. Please see Financial Summary Report for other loans and receivable information. h. Lump Sum Agreements The City does not provide lump sum drawdowns. 12. NEIGHBORHOOD REVITALIZATION STRATEGY AREAS The City of Clearwater's Neighborhood Revitalization Strategy (NRS) is a component of the City's Five-Year Consolidated Plan. The strategy was established to promote a flexible design in the City's allocation of funds provided by HUD and CDBG to promote innovative programs in economically disadvantaged areas of the City. The NRS provides for enhanced regulatory flexibility in the program requirements for providing CDBG funds for economic development, housing and public service activities. In terms of economic development relief, the strategy allows job creation or retention efforts by businesses not to be hampered by requiring them to track the income of people hired or retained. Economic development activities carried out in the approved neighborhood revitalization areas are also exempt from the aggregate public benefit standards. �.. �t��' . First Pr�gram °tear �P�PE� 49 Attachment number 2 \nPage 5i The relief for public service activities can be viewed in terms of the regulatory requirements that no more than 15% of the total CDBG allocation may be used for public services activities. Under this strategy, all public services offered within the subject neighborhoods and carried out as part of qualified projects by a Community Based Development Organization (CBDO) are exempt from the public service cap of 15%. Therefore, the City will be able to offer a more intensive level of service to stimulate revitalization. This allows the City to address some of the urgent needs of the disadvantaged community by offering job training and other related economic development assistance. In terms of housing relief, the revitalization strategy will allow the City to track scattered site housing units as a single strategy. This will enable the City to provide housing opportunities to not only very-low to low-income families, but to other families who earn between 80-120% of area median income. This will increase the level of affordable housing units and thereby raise the income level of the neighborhood and in the process create a mixed-income community. There are several non-housing factors that cause a blighting influence on communities. They range from vacant boarded structures, to crime, to lack of commercial/retail activities. The City has three (3) Neighborhood Revitalization Strategy Areas - the North Greenwood Community, Lake Belleview Community, and the East Gateway District. All three have their own goals and objectives. The North Greenwood NRSA has identified the following strategies to improve their neighborhood: • Eliminate poor conditions of structures • Remediate low-level contaminated sites • Reverse declining property values • Expand business opportunities • Create new investment opportunities in the neighborhood • Increase new job training and placement opportunities • Reduce the unemployment rate • Empower neighborhood residents to eliminate crime • Strengthen coordination of community organizations in the redevelopment effort The Lake Belleview (f.k.a. South Greenwood) NRSA has the same general strategies of the North Greenwood Area and has identified the following items as needed in their community: • Additional educational opportunities for businesses • A new neighborhood training facility • A new childcare facility • Job training opportunities • A community library • Additional new homes • Better social services • Better collaboration of existing organizations • More crime awareness programs �.. �t��i' . First Pr�gram °tear �P�PE� 5Q Attachment number 2 \nPage 5 The City has taken several steps over the years to address the strategies in the NRS. Steps include developing a flexible code enforcement program, purchasing and demolishing dilapidated buildings, working with local law enforcement to reduce crime, funding outreach programs and providing loans to small businesses. The East Gateway District is part of the City's Community Redevelopment Agency area. a. North Greenwood Listed are the projects the City has completed in the North Greenwood NRSA. • North Greenwood Branch Library - (2003) • North Greenwood Recreation/Aquatic Complex - (2003) • North Greenwood Apartments Renovation - (2003) • North Greenwood Corridor Enhancements - (2006) • North Greenwood Reclaimed Water - (2010) • Stevensons Creek Dredging Project - (Ongoing) • North Greenwood Athletic Fields - (2012) • Phillip Jones Park Renovation - (2012) On April 2, 2012, the City provided $370,000 in CDBG funding to construct a full size lighted multi-purpose athletic field for soccer and football practice in the North Greenwood Community. The field was developed on an existing grass area that was temporarily used for parking at the Jack Russell Stadium. The construction included raising the area with fill dirt, irrigation, grassing, fencing and lighting. The field will be used primarily by the Greenwood Panthers Youth Football program that provides structured recreational activities for the youth in the North Greenwood Community. In 2012, the City approved $822,490 to properly close a landfill site known as Phillip Jones Park and to renovate the site to be used for youth sports, primarily as a football stadium. The project will include the complete renovation of the current football field, fencing, bleachers, press box, parking, goal posts and other miscellaneous site amenities. In this reporting period, the City provided federal funding for several projects in the North Greenwood NRSA. They include: Public Service Willa Carson Communit Health Center $24,000 Public FacilitiesNorth Greenwood Athletic Fields $370,000 TOTAL $394 000 The City is continuing their efforts to rehabilitate homes and develop infill housing in the North Greenwood Area. For this reporting period the City provided funding for four (4) rehabilitation loans. b. Lake Belleview (f.k.a. South Greenwood) In 2004, utilizing $2.9 million in general funds, the City built an aquatic/recreation complex, a skateboard park, a fishing pier on Lake Belleview and new baseball fields known as Ross Norton Recreation Complex. �.. �t��i' . First Pr�gram °tear �P�PE� 51 Attachment number 2 \nPage 5; In 2008, utilizing $200,000 raised from grants and corporate sponsors, the City partnered with an international organization, Let Them Be Kids, to design and construct a playground at the Ross Norton Recreation Complex. In 2010, utilizing $1.8 million in general funds, the City completed the Lake Belleview Stormwater Improvement project that included major improvements to Lakeview Road from MLK to Missouri Avenues. In 2010, renovations were completed at the Ross Norton Baseball Fields to include bullpens, sod, irrigation and the reworking of the pitching mounds. In 2011, new potable water wells were installed at Ed Wright & Belmont parks. The wells will serve the City's new reverse osmosis plant currently under construction. In 2011, the in-house traffic calming/ drug interdiction work near Lake Bellevue and Woodlawn Avenue was completed. These are speed humps used to not only calm traffic, but also interrupt the drive-by drug trafficking. In 2012, the City was awarded a matching grant of $200,000 for the design and construction of a 10-foot wide trail for a length of 5,262 linear feet encircling Lake Belleview in Ed Wright and Ross Norton parks. c. East Gateway District In 2002, the 260-acre Clearwater Community Redevelopment Area (CRA) was expanded to encompass 201 acres that included the East Gateway District, a distressed neighborhood that serves as the primary gateway to Clearwater's central business district and beaches. The expansion was viewed as a strategic approach to revitalize the East Gateway, leverage public-private partnerships for economic development and housing, achieve stability in residential and business areas and increase redevelopment potential. Amendments to the Clearwater powntown Redevelopment Plan in 2004 established Downtown Character Districts. The East Gateway Character District sets forth the vision and policies to govern new development and redevelopment in the neighborhood. The 176-acre East Gateway neighborhood is characterized by a mixed-land use pattern of residential housing interspersed with pockets of poorly maintained rental properties and outdated strip commercial developments. The commercial sector is burdened with a declining business base, deteriorating infrastructure, a mismatch of uses and vacant storefronts. The neighborhood struggles with code issues, homelessness, high rental rates and a negative image of crime due to problematic land uses and businesses. Significant decreases in traffic volumes, due to the rerouting of a state road in 2005, have affected business activity in the neighborhood and further emphasized the need for a targeted business development and investment strategy. The East Gateway Task Force, comprised of City staff from several departments, was formed in 2005 in order to identify issues and develop a series of strategies necessary to achieve positive change in the neighborhood. The Task Force conducted a series of focus group meetings and neighborhood events in 2006 to gain an understanding of neighborhood issues, values and preferences. Input received #3 First Pr�grarn °tear �P�PE� 52 through the public process was used in developing the Year Action Program, which was adopted by the CRA o the Action Program are to: Attachment number 2 \nPage 5; East Gateway District Five- n May 13, 2008. The goals of • Engage residents, businesses and other neighborhood interests in the creation and implementation of the action program; • Achieve neighborhood stability by addressing the social, economic and physical issues that plague the area; • Establish a unique and positive identity that instills neighborhood pride and sense of ownership; and • Revitalize the neighborhood to attract reinvestment in private property. The Five-Year Action Program focuses on the following emphasis areas: 1) Safety and Security; 2) Business Environment; 3) Neighborhood Appearance; 4) Economic Growth and Housing; and 5) Hispanic Community integration. Generally, the Action Program will be implemented through: • Application of applicable objectives, policies and design guidelines to redevelopment projects during the site plan review process; • Use of the Public Amenities Incentive Pool; • Public strategies (e.g., Code revisions or new program to address a neighborhood issue); and • Capital improvements projects (public and private). The East Gateway Five-Year Action Program for FY 2007-2012 ended on September 30, 2012. Because of the continuing needs of the District and the momentum that the CRA/City staff and programs have created, and after recommendation from City staff, on October 15, 2012, the CRA Board approved a new East Gateway District Five-Year Action Program to be implemented for FY 2012-2017. The new Action Program includes eight overarching Goals and strategies for implementation purposes: • Goal • Goal • Goal • Goal • Goal • Goal • Goal • Goal 1: 2: 3: 4: 5: 6: 7: 8: District Development Create a Vibrant Market Zone I (West Commercial Anchor) Zone II (Corridor Development) Zone III (Open Space) Zone IV (Festival Core) Branding Strategy Policy/Recommendations The focus for the first fiscal year will be the review and update of the Downtown Redevelopment Plan; the next phase of the sidewalk construction; the continued community policing presence and outreach to the businesses; completion of an additional fa�ade project; and assistance with the successful launch of the Clearwater Gateway Farmers Market. While the City provides leadership, technical capabilities and funding for Action Program implementation, a partnership with community stakeholders is crucial to achieving neighborhood goals. A Public Outreach and Communications Plan guide the �.. �t��i' . First Pr�gram °tear �P�PE� 53 Attachment number 2 \nPage 5� Task Force in engaging the diverse neighborhood interests in the revitalization efforts. In late 2008, two community groups were organized - the East Gateway Stakeholders Advisory Group (SAG) and the East Gateway Business and Neighbors Association (BNA). The City is currently coordinating with the InterCultural Advocacy Institute (ICAI), a local social services agency, to capture input from Hispanic-Latino residents through focus groups discussions. The following accomplishments were noted during this reporting period in the East Gateway NRSA: • Acquired 14 S. Evergreen site for future redevelopment. • Participated in the grand opening and dedication ceremony for the Jerry Howe Transitional Apartments on November 18, 2011. This 13-unit apartment complex offers homeless veterans in recovery a place to learn and practice independent living skills in a supportive and supervised environment. • Assisted with the kick-off event and promotion of Country Club Townhomes, a 31-unit workforce-housing project. • Completed construction of the Gulf to Bay/Highland Intersection Improvements project. • Coordinated, promoted and held a multicultural celebration (EI Grito - Mexican Independence Day Event) on September 15, 2012 that was attended by approximately 2,500 people. • Received approval from the City Council for the Brownfields Revolving Cleanup fund to loan $325,440 to the CRA for the CarPro project. • Facilitated the monthly East Gateway Stakeholder Advisory Group (SAG) meetings. • Presented at the East Gateway Business and Neighbors Association (BNA) monthly meetings. • Partnered with the ICAI and the Pinellas County Health Department for the creation of the Clearwater Gateway Farmers Market. o Created and distributed community survey; o Secured grant funding to assist with start-up costs; o Coordinated with other City Departments; o Submitted a Special Event permit request and received conditional approval. • Completed a comprehensive neighborhood community vision plan. o Reviewed drafts of Vision Plan Proposal and provided feedback to the consultants. o Scheduled Steering Committee meetings. o Presented the East Gateway Vision Plan to the CRA Board on January 9, 2012. • Supported two police officers assigned to the Downtown Bike Team, which has led to an increased and more visible police presence and better cooperation between the residents and the City. • Continued environmental assessments at the former CarPro site. • Maintained the tracking report for the Five-Year Action Program and coordinated with the East Gateway Task Force. • Identified additional sidewalk needs. o Solicited input from the Engineering Department, the SAG, and the BNA; o Completed installation of the N. Evergreen, N. Evergreen, and Park Street sidewalk projects; �.. �t��i' . First Pr�gram °tear �P�PE� 54 Attachment number 2 \nPage 5; o Secured additional funding for future construction of new sidewalks on parts of Franklin Street, Orangeview Avenue, and N. Lincoln Avenue. • Implemented the East Gateway District Fa�ade & Building Lot Improvement Prog ra m o Commenced construction of one new project and successfully completed it; o Received four new applications; o Issued conditional loan commitment to one applicant. • Coordinated with Code Compliance for a code sweep that took place the week of November 7, 2011. • Participated in the City's efforts to address the condition of homelessness in the community. • Coordinated efforts with the Florida Department of Transportation for the Drew Street Sidewalk Improvement project. • Participated in meetings and events sponsored by the Clearwater Regional Chamber Hispanic Business Council. • Conducted business visits and offered assistance for business expansions and/or improvements. 13. Housing Opportunities for People with AIDS (HOPWA) The City does not receive any HOPWA Funds. 14. MONITORING PLAN All subrecipients will receive federal and local regulations relating to their specific activity, along with an explanation as to how the regulations apply to their particular project. Specific Performance Agreements will be executed with each subrecipient giving measurable objectives for the eligible activity to be carried out. Each project is monitored on an ongoing basis. Documentation submitted with reimbursement requests are reviewed for compliance with applicable regulations and measurable objectives prior to issuing funds. On-site monitoring of selected subrecipients are scheduled and completed annually by the Housing Manager. A checklist is completed and reviewed to insure all aspects of the activities are carried out in accordance with applicable regulations. In addition to the above documentation, any subrecipient needing and/or requesting additional training on how to meet grantee and federal requirements will receive technical assistance deemed most appropriate to the circumstances by the Housing Manager. Additional technical assistance, if needed or requested, will be given at the time of the annual monitoring. The City uses a three step approach to monitor subrecipients. The first step begins during the application process. Subrecipients provide the City with their goals, objectives, budget and an Implementation Schedule. If funded, the goals, objectives, budget and Implementation Schedule are included in the Subrecipient Agreement with the City. The second step is to provide the subrecipient with the format needed for the Monthly Activity Report. The reports are completed and returned to the City monthly. The Housing Division analyzes the reports and if the subrecipient is not meeting its goals, technical assistance is provided. Subrecipients who provide #3 First Pr�grarn °tear �P�PE� 55 Attachment number 2 \nPage 5i housing assistance are monitored on a loan-by-loan basis and approved by the City prior to any loan closing to ensure compliance. Lastly, the City provides direct monitoring of all subrecipients annually with new agencies receiving two (2) monitoring visits. The first visit takes place in July and provides technical assistance to ensure the agency understands the compliance process. The second visit takes place in September and is a detailed-monitoring visit that utilizes an approved checklist. During this reporting period, the City provided detailed monitoring of all subrecipients. The City is continues to offer technical assistance to all subrecipients throughout the year. �.. �t��i' . First Pr�gram °tear �P�PE� 56 5 � v � � 5 � v � � N 5 � v � � w 5 � v � � � 5 � v � � � 5 � v � � � 5 � v � � � 5 � v � � � 5 � v � � � 5 � v � � 5 � v � � 5 � v � � 5 � v � � 5 � v � � 5 � v � � N 5 � v � � w 5 � v � � � 5 � v � � � 5 � v � � � 5 � v � � � 5 � v � � � 5 � v � � � 5 � v � � City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l2/20/2012 Approve amendments to the Clearwater Comprehensive Plan Utilities Element to update provisions related to potable water and natural ground water aquifer recharge needs based on the City of Clearwater's 2012 Potable Water Supply Facilities Master Plan Update, and pass Ordinance 8368-13 on first reading. (CPA2012-10002) SUMMARY: This item involves an amendment to the Clearwater Comprehensive Plan to update the Utilities Element to include updated infarmation based on the 2012 Potable Water Supply Facilities Master Plan Update, completed by Tetra Tech, Inc. Section 163.3177, Florida Statutes, requires local governments to update their comprehensive plans, including their 10 year Water Supply Facility Wark Plans, to incorporate relevant water supply options, conservation initiatives, and updated service area projections within 18 months after the approval of the regional water supply plan. The Southwest Florida Water Management District (SWFWMD) approved its updated Regional Water Supply Plan on July 26, 2011. The city last updated this section of the Comprehensive Plan in 2008, at which time it incorporated the city's 2004 Water Master Plan into the Utility Element and ensured consistency with the requirements in the statutes for this required element; therefore, this amendment involves updating existing policies, previously found to be in compliance with state requirements, based on more current data, and updates Map D-2 Potable Water Wells and Wellhead Protection Zones to include new well locations. The Community Development Board (CDB) reviewed the proposed amendment at its meeting on November 20, 2013 and unanimously recommended the amendment for approval. As this is a text amendment to the Clearwater Comprehensive Plan, review and approval by the Florida Department of Economic Opportunity is required. Review Approval: Cover Memo ��11�:�� Attachment number 1 \nPage 1 ORDINANCE NO. 8368-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE UTILITIES ELEMENT IN ACCORDANCE WITH SECTION 163.3177, FLORIDA STATUTES, TO UPDATE PROVISIONS RELATED TO POTABLE WATER AND NATURAL GROUND WATER AQUIFER RECHARGE NEEDS BASED ON THE CITY OF CLEARWATER'S 2012 POTABLE WATER SUPPLY FACILITIES MASTER PLAN UPDATE, COMPLETED IN ACCORDANCE WITH THE 2010 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT'S REGIONAL WATER SUPPLY PLAN; BY REPLACING MAP #D-2 WITH AN UPDATED VERSION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE; WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, Section 163.3177, Florida Statutes, requires coordination of the local comprehensive plan with the water management district's regional water supply plans; and WHEREAS, the City's water supply work plan must be updated every five years within 18 months after the governing board of a water management district approves an updated regional water supply plan; and WHEREAS, on July 26, 2011, the Governing Board for the Southwest Florida Water Management District approved the 2010 Regional Water Supply Plan; and WHEREAS, the City has completed the 2012 Potable Water Supply Facilities Master Plan Update; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Economic Opportunity (DEO) for review and comments, and the objections, recommendations and comments received from the Florida Department of Economic Opportunity have been considered by the City Council, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, I[�'ii�:�! Ordinance No. 8368-13 Attachment number 1 \nPage 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the Introduction to the Utilities Element of the Clearwater Comprehensive Plan, pages D-3 and D-4, is hereby amended to read as follows: ***** Potable Water and Natural Ground Water Aquifer Recharge Needs • Clearwater has maintained an interlocal agreement with Pinellas County since 1955 with approximately fifty-five percent (55%) �n +��-+hroo r�ornoni �a�zo� � of its water supply emanating from the County. The City also maintains a water use permit issued through the Southwest Florida Water Management District (SWFWMD) to pump an average of 14.3 � million gallons daily (MGD) from its forty-six n�nrrrrtccccrnr active wellheads. In 2011��, the actual average pumpage from the City's wells is was approximately 5 MGD. The balance of the City's water demand is met through purchase from Pinellas County. In order to meet the city's future potable water supply needs in a fiscally responsible manner, several alternative actions must be explored and initiated both individually or in combination with other water supply source alternatives. The City's Water Supply Plan - Capital Improvements Implementation Master Plan (Oct 2004) as updated in 2008 and 2012 includes projects based upon cost-benefit analysis that will enable the City to increase its local production of potable water to ten (10) MGD by 2015. • Conservation of potable water supplies is of paramount importance to the City. Clearwater will continue to support Pinellas County and participate in the immediate action to provide for new potable water supplies at a reasonable cost. • Clearwater must continue to utilize and provide efficient use of reclaimed water for irrigation purposes for both public and private use. Furthermore, it must constantly evaluate its approach to the desalination of marine water using reverse osmosis technology to provide a form of potable water backup for periods of drought, and when natural groundwater levels drop to critically low levels. • Clearwater shall regional/and or strategies. continue to explore and participate proportionately in the County desalination and/ or reverse osmosis alternative • The City needs to continue to recognize potable water as a scarce resource and to continue to operate the water utility prudently in implementing both conservation and consumption objectives. The current water consumption rate is approximately ninety (90) e�° h, in�Jro�J �� nn� gallons/person/day, which includes both the seasonal and permanent population of Clearwater and is inclusive of both City produced water and County purchased water. • The City needs to continue to coordinate with SWFWMD in the study tc determine surficial groundwater direction and flow at various depths. 2 Ordinance No.�8�6��34 Attachment number 1 \nPage 3 Groundwater data will continue to be needed to determine future well sites and conditions of subsurface transmissivity. This data will be an important tool for management of Clearwater's wellhead operation to determine the City's ability to continue to provide future water supplies. • The City, in conjunction with the City's Water Use Permit, needs to continue to develop an ultimate well field management plan, including well configurations, pumping schedules, water quality monitoring and mitigation plans. This is needed to assure the continued supply of well withdrawal in accordance with the City's water use perm it. • The City needs to continue to implement the recommendations from the Alligator Creek study. • The City needs to continue with its public education program to make the public aware of the value of reclaimed water use. Section 2. That Objective D.5.2 of the Clearwater Comprehensive Plan and its policies, pages D-15 and D-16, are hereby amended to read as follows: D.5.2 Objective - Provide adequate quantity and quality of water service to all customers of the Clearwater service area. Current service level (October, 2012 '��2A��) is 41,973 4A�� customer accounts (potable, reclaimed and fire). Policies D.5.2.1 Ensure that land development regulations, building codes and City ordinances adequately address water system provisions by performing a thorough evaluation of City codes and by coordinating proposed provisions with the Southwest Florida Water Management District, Tampa Bay Water, Pinellas County, and the Florida Department of Environmental Protection. D.5.2.2 Engineering shall analyze the condition and adequacy of any water distribution system that the City may inherit through annexation and prepare cost estimates for upgrading those systems to meet City requirements. D.5.2.3 When new subdivisions are being developed, it shall be the responsibility of the developer to provide internal potable water and reclaimed water systems which are constructed to City specifications. D.5.2.4 Continue to construct water system improvements which will provide adequate quantity, pressure, and duration of fire flows while meeting system user needs. D.5.2.5 Continue to develop a system and construct improvements which will conserve energy, water, and other valuable resources. D.5.2.6 The City shall continue to participate with and assist the Southwest Florida Water Management District, Tampa Bay Water, Pinellas County Health Department, and the U.S. Environmental Protection Agency in developing innovative techniques to augment existing water supplies to provide for future needs. 3 Ordinance No.�8�6��34 Attachment number 1 \nPage 4 D.5.2.7 Continue to identify, acquire, and develop sources of water supply and methods of water treatment to meet existing and future needs. Some ways this can be accomplished are through well rehabilitation projects and/or exploration and drilling of new wells. Some type of water treatment may be initiated. Additional volumes of water may be acquired from the Pinellas County Water System through Clearwater's intergovernmental water service agreement. The City's long range Water Master Plan updated in 2012 �99�shall serve as the guiding document for water supply and treatment methods. D.5.2.8 Ensure that water management projects are designed and operated to maintain and enhance natural systems as well as manmade systems by working closely with the Southwest Florida Water Management District when proposing new projects and water management programs. The City's long range Water Master Plan outlines a work plan for continued coordination with the Southwest Florida Water Management District's Regional Water Supply Plan adopted in January 2011 no�omhor �nna D.5.2.9 Water service shall not be extended to properties outside the City's service area unless sufficient capacity and quality of water exists to serve the areas already committed to City service. D.5.2.10 Water services shall not be extended except in those areas so designated for City of Clearwater by interlocal or other agreement. D.5.2.11 Encourage the development of local and regional water supplies within the jurisdiction of the Southwest Florida Water Management to avoid transporting surface water across other district boundaries. Section 3. That Policy D.5.5.1 of the Clearwater Comprehensive Plan, page D-17, is hereby amended to read as follows: ***** Policies D.5.5.1 Except for areas of the City where reclaimed water is available, shallow wells shall be recognized as a source of water for irrigation purposes. The City shall continue to require �°+�Ta City permit for shallow well installation h�� on� „f �nnsz ***** 4 Ordinance No.�8�6��34 (D � � � Section 4. That Map D-2 of the Clearwater Comprehensive Plan is hereby replaced with the updated map below: P+�table Wafier Welis anc! Weltheaci Protection Zanes Map #: D-2 Da#e: 10l08f2Fi12 Source: t:leanvaterFsigineeringt7e�lCkt�0i2.. Le �nd ......... � iN SERVICE IN�ELL '� PRC7P4SELl PR�iOUCTI�N WEGL „< <IWZlkhead Prateeiion Zone(1tJQt7' 0udfer) ...r Claanvater P6a�airtg Area _..:: C3uYSide Clearwater GiTy �imits p'.9J�Y.�lY9r[4L41aosm�.%n c��i,�.�ta:axsa y..q ��-. �, :. 4 PIr.1�T21}543dIS6 F, C/TiI5Y6dY5A .fitlMSaaatwasnr.covn k5sslafnwr. Fi+dirl�eyrrr.vtbri Pals fi Rma4vrod ky SM GAY dlGFSgrwutu� £.i�qufpa+4ig ust da am¢µ:5ti anti vxa bY rlro rseywaE wiYfi td;e W/to:au' dareM rcPlr�. .sYn � � , � �P, ��,��a,,�«aa:x4.,ss��o,��d,w, °xar��.Pa��,� 5 Ordinance No. 8368-13 D v � � m � � � � s � 5 � v � � � Attachment number 1 \nPage 6 Section 5. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 6. This ordinance shall become effective when the Department of Economic Opportunity issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.3184, F.S., as amended. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Leslie Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk 6 Ordinance No.�8�6��34 Attachment number 2 \nPage 1 MOTION TO AMEND ORDINANCE NO. 8368-13 ON FIRST READING On page 2, amend the ordinance as follows: Section 1 of the ordinance is amended by deleting "is" in the third sentence of the first paragraph within the Introduction to the Utilities Element, to read as follows: Clearwater has maintained an interlocal agreement with Pinellas County since 1955 with approximately fifty-five percent (55%) of its water supply emanating from the County. The City also maintains a water use permit issued through the Southwest Florida Water Management District (SWFWMD) to pump an average of 14.3 million gallons daily (MGD) from its forty-six active wellheads. In 2011, the actual average pumpage from the City's wells +�was approximately 5 MGD. The balance of the City's water demand is met through purchase from Pinellas County. In order to meet the city's future potable water supply needs in a fiscally responsible manner, several alternative actions must be explored and initiated both individually or in combination with other water supply source alternatives. The City's Water Supply Plan - Capital Improvements Implementation Master Plan (Oct 2004) as updated in 2008 and 2012 includes projects based upon cost- benefit analysis that will enable the City to increase its local production of potable water to ten (10) MGD by 2015. Section 2 of the ordinance is amended by changing "January" to "July" in the last sentence of Policy D.5.2.8, to read as follows: D.5.2.8 Ensure that water management projects are designed and operated to maintain and enhance natural systems as well as manmade systems by working closely with the Southwest Florida Water Management District when proposing new projects and water management programs. The City's long range Water Master Plan outlines a work plan for continued coordination with the Southwest Florida Water Management District's Regional Water Supply Plan adopted in Ju�l � �a�'a} 2011. Pamela K. Akin City Attorney 12/20/2012 I[�'ii�:�! CDB Meeting Date Case Number: Ordinance No.: Agenda Item: November 20, 2012 CPA2012-10002 8368-13 E_1 CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT Attachment number 3 \nPage 1 REQUEST: Clearwater Comprehensive Plan Amendments to the Utilities Element to Update Provisions Related to Potable Water and Natural Ground Water Aquifer Recharge Needs Based on the City of Clearwater's 2012 Potable Water Supply Facilities Master Plan Update, and Updating Map #D-2 Potable Water Wells and Wellhead Protection Zones. INITIATED BY: BACKGROUND: City of Clearwater Planning & Development Department Florida's Community Planning Act (Chapter 163, Florida Statutes (F.S.)) and Water Resources Act (Chapter 373, F.S.) establish a process for water supply planning to ensure adequate water supplies in the future. The state's water management districts must periodically evaluate whether adequate water supplies exist to meet the needs of their areas. If a district finds that the water supply will not be adequate, it must prepare a regional water supply plan, identifying alternative ways in which water supply needs can be met for the next 20 years. The Southwest Florida Water Management District (SWFWMD), the city's regional district, approved its updated Regional Water Supply Plan on July 26, 2011, which includes projected water demands for the region and potential sources of water to meet these demands from 2010 through 2030. Section 163.3177, F.S., requires local governments to update their comprehensive plans, including their 10 year Water Supply Facility Work Plans, to incorporate relevant water supply options, conservation initiatives, and updated service area proj ections within 18 months after the approval of the regional water supply plan. The consulting firm of Tetra Tech, Inc. was retained by the city to complete the city's 2012 Potable Water Supply Facilities Master Plan Update. This plan was last updated in 2008 following the SWFWIVID's update to the regional water supply plan in 2006. The city adopted significant amendments to the Public Utilities Element of the Comprehensive Plan in 2008 to comply with the requirements in Section 163.3177, F.S., and was determined to be in compliance by the Florida Department of Community Affairs (now Department of Economic Opportunity). This amendment updates the Utilities Element by modifying policies related to the Potable Water and Natural Ground Water Aquifer Recharge Needs subsection to include updated information based on the 2012 Potable Water Supply Facilities Master Plan Update. This amendment also Community Development Board — November 20, 2012 Item # 4 CPA2012-10002 — Page 1 Attachment number 3 \nPage 2 updates Map #D-2 Potable Water Wells and Wellhead Protection Zones to reflect the locations of the new wells constructed since the Comprehensive Plan and Map Series was amended in 2008. ANALYSIS: There are no substantial changes proposed within this amendment, which primarily incorporates updated data from the 2012 Potable Water Supply Facilities Master Plan Update. The amendments adopted in 2008 incorporated the city's 2004 Water Master Plan into the Utility Element and ensured consistency with the requirements in the statutes for this required element; therefore, this amendment involves updating existing policies, previously found to be in compliance with state requirements, based on more current data. Since 2008, the city has increased the number of wellheads operated by the city from 19 to 46, thereby reducing the percent of water supply emanating from Pinellas County from 63 percent to 55 percent. The city's efforts implementing various conservation and consumption measures has led to a reduced water consumption rate of 90 gallons/person/day, down from 100 gallons/person/day in 2008. Total number of customer accounts in the Clearwater service area has increased almost four percent, from 40,390 to 41,973 since 2008. This amendment involves updates to the following sections of the Utilities Element: 1. Introduction to the Utilities Element, Potable Water and Ground Water Aquifer Recharge Needs subsection (pages D-3 and D-4 of the Comprehensive Plan), to include updated data and references; 2. Objective D.5.2 and its policies (pages D-15 and D-16) to include updated data and references; 3. Policy D.5.51 (page D-17) to reflect the adoption of Ordinance 8070-09, which modified the requirements for a wellhead protection permit; and 4. Map D-2 Potable Water Wells and Wellhead Protection Zones to include new well locations. STANDARDS FOR REVIEW: Pursuant to Community Development Code Section 4-603 F., no amendment to the Comprehensive Plan shall be approved unless it complies with the following standards: 1. The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. The proposed amendments to the Cleanvater Comprehensive Plan are consistent with existing goals, obj ectives, and policies in the Plan. The proposed amendments, related to water supply planning comply with statutory requirements and update the city's long range planning policies related to the provisions for the city's water plan. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. Community Development Board — November 20, 2012 Item # 4 CPA2012-10002 — Page 2 Attachment number 3 \nPage 3 The proposed amendments are not inconsistent with other provisions of the Comprehensive Plan and bring further consistency between the goals, objectives and policies and the map series. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. This is not applicable to the proposed amendments as they do not relate to a specific property or properties. 4. Sufficient public facilities are available to serve the property. This is not applicable to the proposed amendments as they do not relate to a specific property or properties; therefore, the adequacy of available public facilities will need to be assessed on a case-by-case basis as development proposals are received. S. The amendment will not adversely affect the natural environment. The proposed amendment includes updates to data and references for other related Plans. The policies contained within the Utilities Element provide consistent and coordinated efforts for the processes and procedures for water management within the area governed by the Southwest Florida Water Management District (SWFWIVID). 6. The amendment will not adversely impact the use of property in the immediate area. This is not applicable to the proposed amendments as they do not relate to a specific property or properties. SUMMARY AND RECOMMENDATION: The purpose of this amendment is to update the Utilities Element, Potable Water and Natural Ground Water Aquifer Recharge Needs subsection, to include updated information based on the 2012 Potable Water Supply Facilities Master Plan Update, as well as other updated data since the Cleanvater Comprehensive Plan was amended in 2008, and ensures consistency with the regional water supply plan as required in Section 163.3177, F. S. The proposed amendment is consistent with and will further the goals, objectives and policies of the Cleanvater Comprehensive Plan, will not result in inappropriate or incompatible uses, will not adversely affect the natural environment or impact the use of property in the immediate area, and sufficient public facilities exist to implement the proposed amendment. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8368-12 that amends the Cleanvater Comprehensive Plan. Community Development Board — November 20, 2012 Item # 4 CPA2012-10002 — Page 3 Attachment number 3 \nPage 4 Prepared by Planning and Development Department Staff: Lauren Matzke, AICP, Long Range Planning Manager ATTACHMENTS: ❑ Ordinance No. 8368-13 S: IPlanning DepartmentlCUMPREHENS7T/E PLANI2012 Comp Plan AmendmentslCPA2012-10002 - Water Supply Plan IStaff �ReportlCPA2012- 10002 CDB StaffReport.doc Community Development Board — November 20, 2012 Item # 4 CPA2012-10002 — Page 4 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l2/20/2012 Adopt Ordinance 8315-12 on second reading, amending Article VII, Chapter 32, Clearwater Code of Ordinances, to rescind exclusivity in collection of construction and demolition debris or putrescible waste from commercial or industrial establishments. SUMMARY: Review Approval: Cover Memo ��11�:�� Attachment number 1 \nPage 1 ORDINANCE NO. 8315-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CLEARWATER CODE OF ORDINANCES ARTICLE VII, WASTE MANAGEMENT, SECTION 32.2715 DEFINITIONS; SECTIONS 32.272(4) AND 32.288 REPEALING CITY OF CLEARWATER EXCLUSIVITY IN COLLECTION OF CONSTRUCTION AND DEMOLITION DEBRIS OR PUTRESCIBLE WASTE FROM COMMERCIAL OR INDUSTRIAL ESTABLISHMENTS; SECTION 32.374 MAKING THE INAPPROPRIATE DISPOSAL OF E-WASTE UNLAWFUL; SECTION 32.275 CLARIFYING THAT IT IS THE RESPONSIBILITY OF A PARTY GENERATING PROHIBITED MATERIALS TO DISPOSE OF SUCH WASTE LEGALLY; SECTION 32.2777 MODIFYING PENALTIES FOR PRIVATE HAULERS FAILURE TO ADHERE TO THE RULES OF THE PERMIT PROGRAM; SECTION 32.280 ADVISING THAT THE CITY MAY COLLECT E-WASTE ONLY AFTER THE PROPERTY OWNER HAS SCHEDULED A PICK-UP AND PROVIDING THE CITY THE ABILITY TO ISSUE STOP WORK ORDERS FOR CONSTRUCTION PROJECTS USING UNPERMITTED PRIVATE HAULERS; SECTION 32.284 PROVIDING DIMENSION SPECIFICATIONS FOR WASTE RECEPTACLES; SECTION 32.290 CLARIFYING THAT ALL PERMIT DOCUMENTATION IS DUE THE 20T" DAY OF THE FOLLOWING MONTH OR THE NEXT BUSINESS DAY, IF SUCH DAY FALLS ON A WEEKEND OR CITY HOLIDAY; SECTION 32.293(4) ADVISING PERMITEES APPEALING A REVOCATION OR DENIAL OF A PRIVATE HAULING PERMIT OF THE ADMINISTRATIVE FEE ASSOCIATED WITH SUCH APPEAL; CLARIFYING LANGUAGE IN APPENDIX A SCHEDULE OF FEES, RATES AND CHARGES AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (herein the City) adopted Ordinance No. 8025-09, effective June 18t", 2009, amending Article VII, Solid Waste Management, sections 32.271 through 32.322 and Appendix A, Schedule of Fees, Rates and Charges, Article XXV, Public Works--Fees, Rates and Charges, Section (3)(c) Solid Waste Collection Rates and (5)(b) Solid Waste Roll-Off Container or Waste Receptacle Service of the Clearwater Code of Ordinances; and, WHEREAS, in amending Article VII, Solid Waste Management, sections 32.271 through 32.322, the City's intent was to eventually become the exclusive collector of all refuse accumulated within the City by gradually phasing out a permitting program that allowed private market Ordinance No. 8315-12 �[iai1�:�•7 Attachment number 1 \nPage 2 participation in the collection and hauling of commercial, industrial, construction/demolition debris and waste, but such permitting program had become inefficient and too costly to administrate; and WHEREAS, according to section 402.70605, Florida Statutes, the City's gradual phasing out of the aforementioned permitting program constituted "displacement" of private collectors who held or could have held a city-issued permit for the placing and servicing of refuse collected; therefore, the aforementioned statute required that the City afford such affected parties notice of a public hearing seeking comment on the advisability of the City exclusively providing such service and then providing three years after said public hearing, assuming the ordinance passed, before the City could legally engage in the exclusive provision of such service, which is why Ordinance No.8131-10 was adopted; and WHEREAS, the Solid Waste/General Services Department met various entities engaged in the business of commercial, residential, and industrial construction and demolition debris and putrescible waste removal and hauling and has worked out the modifications present in this ordinance that provide a permitting program that is cost-effective for the City to administer, provides the appropriate penalties for those entities that refuse to abide by the permitting program rules, and maintains the commercial, residential, and industrial construction and demolition/putrescible waste hauling market open to those that avail themselves of such permits and follow the rules; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 32, Utilities, Section 32.2715 be amended by adding the underlined language and deleting the stricken language as follows: Sec.32.2715. Definitions. ********* (3) Commercial waste means solid waste qenerated bv a commercial establishment, exclusive of hazardous or biohazardous waste. (4) {�} Compactor means any mechanical hydraulic or electrical machine designed and used specifically for compacting refuse or recyclables. f� {43 Compacted means refuse condensed by a compactor. f� {�} Construction and demolition (c&d) debris means discarded materials qenerallv considered to be not water-soluble and nonhazardous in nature, includinq, but not limited to, steel, qlass, brick, concrete, asphalt roofinq material, pipe, qvpsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition proiect or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other veqetative matter that normallv results from land clearinq or land development operations for a construction proiect, includinq such debris from construction of structures at a site remote from the construction or demolition proiect site. Mixinq of construction and demolition debris with other tvpes of solid waste will cause the resultinq mixture to be classified as other than construction and demolition debris. The term also includes: (a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; Ordinance No. 8315-12 ��11�:�� Attachment number 1 \nPage 3 (b) Except as provided in F.S. § 403.707(9)(j), yard trash and unpainted, nontreated wood scraps and wood pallets from sources other than construction or demolition proiects; (c) Scrap from manufacturinq facilities which is the type of material qenerally used in construction proiects and which would meet the definition of construction and demolition debris if it were qenerated as part of a construction or demolition proiect. This includes debris from the construction of manufactured homes and scrap shinqles, wallboard, sidinq concrete, and similar materials from industrial or commercial facilities; and (d) De minimis amounts of other nonhazardous wastes that are qenerated at construction or destruction proiects, provided such amounts are consistent with best manaqement practices of the industrv. �{�} Containerized service means collection of solid waste or recyclables in city- approved containers. f� {�} Contamination means when more than de mininis non-recyclable items (such as trash, food waste, glass, putrescible garbage) are included with recyclables, or when two or more different types of recyclables are commingled in a container intended for one. f� {�} Customer means owner, occupant, tenant, or other person having control of the improved real property. L) �9} Eviction or move-out refuse means any refuse that is left for collection resulting from an eviction or a move-out. f� {�9} E-waste means inoperative or discarded electronic equipment including, but not limited to televisions, computer CPUs, monitors and peripherals, and handheld and desktop telecommunications equipment. Because these items potentiallv carrv hazardous materials, such as mercurv or lead, E-waste needs to be transported, handled, and either disposed of or recvcled with special care. f� {�} Hazardous material means material which is radioactive, volatile, flammable, explosive, infectious, toxic or otherwise hazardous, including but not limited to material designated as hazardous in any Federal, Florida, Pinellas County, or Clearwater law or ordinance; also that waste which is determined to be hazardous by the United States Environmental Protection Agency, or any other federal agency. (13) Industrial waste means solid waste qenerated bv an industrial establishment, exclusive of hazardous or biohazardous waste. f� {�} Late payment means any payment remitted after the required due date. f 1�{�} Materials recovery facility means a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. f� {�4} Putrescible waste means household, industrial, or commercial solid waste that will putrefy. f� {�5) Recovered materials means metal, fiber, glass, plastic, textile or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source-separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation Ordinance No. 8315-12 ��11�:�� Attachment number 1 \nPage 4 from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials are not solid waste. �{�} Recovered materials dealer means any person or entity, who handles, purchases, receives, recovers, sells, or is an end-user of recovered materials. �{�} Recovered materials processing facility means a facility engaged solely in the receiving, storage, processing, resale or reuse of recovered materials. Such a facility is not a solid waste management facility if it meets the definitions of F.S. § 403.7045(1)-(f). f� {�) Recyclable means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. f� �} Recycling means the collection, processing, marketing, reprocessing and resale or reuse of any material which would otherwise be processed or disposed of as solid waste. f� �9} Recycling receptacle � means any container issued by the city for the purpose of recycling. f� {�} Refuse means all putrescible and non-putrescible solid waste. f� �} Residential refuse container means a city issued automated container and/or a city-approved 32-gallon container or other container approved by the director of solid waste/general services. f� {�3) Roll-off container means any large capacity container used for commercial or industrial service, or for special purposes, including but not limited to, containers with capacities between ten and 4-9fortv cubic yards and which are transported with their contents by vehicle to a solid waste disposal site. f� {�4} Servicing means any interaction with a waste receptacle in exchanqe for pavment or consideration, °^'��' �ni�o4o/nonor�l �.or.,,,.o�. �nii4h ron�riJo +„ including, but not limited to, installingLcleaning, deodorizing, pulling, removing, collectinq, transportinq, processinq, or receivinq contents, or repairing damage to such waste receptacle�� reqardless of whether the contents of such waste receptacle are disposed of in the waste stream or are recvcled. f� {�} Solid waste means sludge not regulated under the Federal Clean Water Act or Clean Air Act; sludge from a waste treatment works, water supply treatment plant, or air pollution control facility; or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. The term does not include recovered materials as defined in this section or in F.S. § 403.703(7). f� {�} Solid waste/general services director means the person authorized to exercise and enforce the provisions of this article. f� {�} Solid waste management means the process by which solid waste is collected, transported, stored, separated, processed or disposed of according to an orderly, purposeful and planned program which includes closure and long-term maintenance. f� {�} Solid waste management facility means any solid waste disposal area, volume reduction plant, transfer station, materials recovery facility or other facility, the purpose of which is resource recovery or the disposal, recycling, processing or storage of solid waste. The term does not include recovered materials processing facilities which meet the requirements of F.S. § 403.7046(4), except the portion of such facilities, if any, that is used for the management of solid waste. f� �} Source-separated means that recovered materials are separated from solid waste where the recovered materials and solid waste are generated. The term does not require that various types of recovered materials be separated from each other and Ordinance No. 8315-12 ��11�:�� Attachment number 1 \nPage 5 recognizes that de minimis solid waste, in accordance with industry standards and practices, may be included in the recovered materials. �{�9� Special wastes means solid waste that can require special handling and management, including, but not limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition debris, ash residue, e-waste, paint, and biological wastes. �{�} Trash means any waste accumulation of paper, sweepings, rags, bedding or other matter of any kind, other than garbage, which is usually attendant to housekeeping, except recyclables. f� {�} Waste receptacle means any vehicle or container, but is not limited to trailers, roll-off containers, compactors or any other functionally equivalent containers, used to collect, transfer or haul solid waste or construction and demolition debris from one location to another. f� {�3} White goods means inoperative and discarded refrigerators, ranges, water heaters, freezers and other similar domestic and commercial large appliances of any color. (� {�4} Yard waste means vegetative matter resulting from landscaping and maintenance. Section 2. That Chapter 32, Utilities, Section 32.272 be amended by adding the underlined language and deleting the stricken language as follows: Sec. 32.272. Collection by city; exceptions. ******** (4) Exception for private collectors with roll-off containers, compactors or waste receptacles. A private collector currently holding or eligible to obtain a city-issued permit for placing and servicing roll-off containers, compactors, or waste receptacles for sites generating construction and demolition debris, putrescible waste, special waste, or vard waste� �^mmornioloc�ohlichmon�c nonoroiinn may acquire such permit or continue renewing such permit to legally � service such containers so lonq as the private collector remains in qood standinq pursuant to the City's permit proqram as described in this Chapter. All putrescible waste shall be hauled or collected in an enclosed container. Anv deviation from this section requires the written approval of the solid waste/qeneral services director or desiqnee. e�'., ��i�-�rrs�rrr°hri ,�n, � Q�n�� #�,�h�Tpy� orc frnm �ho rlo�o nf orinr��inn nf (lrrlinonno S2'I'2'I _'I (1 �nihinhcP��#TOr�#,h�c .�. y � � > > � . � �n4r�? rm r�r fr�r fi�io �io�ro frr�m 4ho rl�4o r�f �nn��4ir�n ��h�nh��i�« � ******** Section 3. That Chapter 32, Utilities, Section 32.274 be amended by adding the underlined language as follows: 5 Ordinance No. 8315-12 ��11�:�� Attachment number 1 \nPage 6 Sec. 32.274. Unlawful practices generally. ******** (8) Disposal of E-waste bv either placinq curbside for solid waste personnel collection or in either waste or recvclinq receptacles shall be unlawful and subiect federal, state, and/or local penalty if any person or entity disposinq E-waste within the Citv of Clearwater has failed to first coordinate its removal in an environmentallv safe and appropriate manner. �{�It shall be unlawful for any third party or contractor to create or leave construction and demolition debris, yard waste or refuse subsequent to the performance of any work on private property for the city to collect. No materials from such operations shall be placed in any residential container, commercial container, waste receptacle or set out curbside for collection by the city without prior authorization by the solid waste/general services director. Section 4. That Chapter 32, Utilities, Section 32.275 be amended by adding the underlined language as follows: Sec. 32.275. Prohibited materials. ******** (3) Prohibited materials. Biohazardous waste, flammable liquids, motor oil, pesticides, herbicides, paint and other hazardous materials shall not be placed for collection, and shall not be collected by solid waste personnel. It shall be the responsibilitv of the partv qeneratinq prohibited material waste to leqallv remove and properlv dispose of said waste. Section 5. That Chapter 32, Utilities, Section 32.276 be amended by adding the underlined language as follows: Sec.32.276. Enforcement. The director of solid waste/general services is authorized to exercise limited police powers to enforce the provisions of this chapter. These limited police powers shall include the authority to issue a notice of violation of a provision of this chapter and, following a reinspection after the time specified in the notice for corrective action, if there has not been substantial compliance with the notice of violation, or if the violation has been corrected but reoccurs, the director of solid waste/general services may cause a summons to be issued by a sworn police officer, code enforcement officer, or designated solid waste/general services employee of the city for appearance in county court, or may notify the code enforcement board and request a hearing pursuant to section 7-102 of the Clearwater Community Development Code. A notice of violation shall describe the nature of the violation, the corrective action necessary to cure the violation, and the time within which corrective action shall be taken. A notice of violation shall be served in the manner set forth in F.S. § 162.12. Section 6. That Chapter 32, Utilities, Section 32.277 be amended by adding the underlined language as follows: Ordinance No. 8315-12 ��11�:�� Sec.32.277. Penalties. ******** Attachment number 1 \nPage 7 (5) Failure to remove a residential refuse and/or recvclinq container tagged with a warning by the solid waste/general services department within the specified period of time subjects the customer to a fine of $10.00 per day, which is placed on the customer's utility bill. Repeat offenders, after written notice and at the sole discretion of the director of solid waste/general services, may be placed on side or rear yard premium service at the appropriate fee. ******** (8) Roll-off container and/or waste receptacle permittee shall be assessed+r�� a fifteen eqe percent interest�°� charge on the total amount of remittance, as specified in Appendix A of this code and referred to in section 32.290(2)(b) of this division, for every month that the remittance is unpaid after the 20t" dav of the followinq month that the remittance was due. �2. If the 20 dav is a Saturdav, Sundav or citv holidav, the monthlv fee shall be due on the next business dav. Furthermore, permittee shall incur a $25.00 administrative fee each business dav ^no n°rnoni no„��+„ nhorno ,,,, +ho +„+�� m,,, ,n+ r�f romi44�nno fr�r o.,or., m„n+h +h�+ the permittee fails to provide invoice copies and monthly service reports, as required by section 32.290(2)(b). Failure to comply with the permit submission requirements may result in revocation or denial of issuance or renewal of a perm it. (9)�A} A roll-off container and/or waste receptacle permittee's failure to fax or email month shall result in the assessment of a$25.00 administrative fee each business dav the permittee fails to provide the listinq and possible revocation of the permit. (10)�} If an audit discloses that a roll-off container and/or waste receptacle permittee has underpaid the remittance as required bv this division bv more than five percent of the required total, then in addition to a remittance in the amount of the underpavment, the permitee shall pav the cost of the audit and fifteen percent interest on the amount of the underpavment. (11) If a roll-off container and/or waste receptacle permittee fails to provide documentation requested for an audit bv the date specified in the written request for such documentation the Citv shall assess a 25.00 administration fee each business dav the permittee is delinquent in remittinq the documentation and shall beqin the permit revocation process. Section 7. That Chapter 32, Utilities, Section 32.280 be amended by adding the underlined language as follows: Sec. 32.280. Duty of property owner; precollection practices. Ordinance No. 8315-12 ��11�:�� (1) Preparation of solid waste. ******** Attachment number 1 \nPage 8 (h� Alnno nf �ho ohn�io mo�i ho r�lonor! ni i� r�rinr �n '�/1 hni irc in orl�ionno nf o cnhorli ilor! ` �+s�� E-waste. E-waste shall be collected by the City only after property owner has scheduled a pick-up with Solid Waste Department personnel. (i) None of the above mav be placed for collection more than 24 hours in advance of a scheduled pick-up. (3) Storing of solid waste. ******** ******** (f) Construction sites. All construction sites shall use city-approved waste receptacles, the number of which shall be determined according to the size of the job at the discretion of the director of the building division. Construction sites shall be kept clean and orderly at all times and the building director may suspend or red tag a construction job until the premises are brought up to a satisfactory sanitary condition. The Citv's Buildinq Department mav issue a Stop Work Order to a construction site that utilizes a roll-off container and/or waste receptacle hauler that has failed to reqister with the Citv of Clearwater. Any waste receptacle used to collect refuse that is not supplied by the city shall be required to be registered with the director of solid waste/general services. ******** Section 8. That Chapter 32, Utilities, Section 32.284 be amended by adding the underlined language as follows: Sec. 32.284. Waste receptacle. ******** (6) All enclosures are required to be constructed and maintained in accordance with the City of Clearwater specifications pursuant to section 3-201.D of the Clearwater Communitv Development Code and Citv Enqineerinq Index 701. (7) Placement of containers. Subscribers or private haulers �� authorized to provide services under this article shall not place any container or receptacle for solid waste or recycling outside of any building or structure without first having obtained permission from the city approving location of such container. Section 9. That Chapter 32, Utilities, Section 32.288 be amended by adding the underlined language and deleting the stricken language as follows: Sec.32.288. Required. Ordinance No. 8315-12 ��11�:�� Attachment number 1 \nPage 9 Pursuant to section 32.272(1), it shall be unlawful for any party, other than the city, to engage in the business of collecting, removing, haulinq or disposing of construction and demolition debris, whether commercial, industrial or residential in nature, or putrescible waste generated by commercial or industrial establishments. However, a sole proprietor or corporate entity placing or servicing a roll-off container or waste receptacle for the purpose of collecting, removing, haulin or disposing of construction and demolition debris, whether commercial, industrial, or residential in nature, or putrescible waste generated by commercial or industrial establishments shall be required to procure a permit to legally continue such business activity without penalty_, `�niJ horoin�f4or ho linr��nin ��. r�ormi4400' � ; , 'I S2 '�(1'I'2 r�r 4hroo �io�ro frr�m 4ho rl�4o r�f �rlr�r�4ir�n r�f (1riJin�nno S2'I'2'I 'I (1 �nihinho�ior io 1�4or• �r� � �TCV c�--rs�arcr � • � � T°f'�nr /�� rmi� mo�i ho icc�or! ��`cronlo�rt r nr nnrr�nro�o �i��i �ho�� E��• Section 9. That Chapter 32, Utilities, Section 32.290 be amended by adding the underlined language and deleting the stricken language as follows: Sec. 32.290. Prerequisites to issuance. ******** (b) The applicant has agreed to remit to the city each month a fee of �5 fifteen percent of the monthly gross revenue billed by permittee, as set out in Appendix A to this Code, accompanying the remittance (also known as a permit fee), the permittee shall supply invoice copies corroborating the monthly gross revenue derived from servicing locations within the City of Clearwater. Moreover, a permittee shall also provide to the director of solid waste/general services a monthly report identifying collections made within the city, together with the appropriate service addresses for such collections. The report, remittance, and invoice copies are due no later than the 20t" +"°'�°+ h, ,°;n°°° day of the following month. If the 20t" dav occurs on a Saturdav, Sundav or citv holidav, the report, remittance, and invoice copies shall be due the next business dav; ******** Section 10. That Chapter 32, Utilities, Section 32.293 be amended by adding the underlined language and deleting the stricken language as follows: Sec. 32.293. Roll-off and/or waste receptacle permit application, termination, denial. ******** Ordinance No. 8315-12 ��11�:�� . Attachment number 1 \nPage 1i f� {4� Such permit may be terminated or denied by the city manager but only after the procedure set out in section 29.41(2) has been followed. Notwithstanding the procedure set out in section 29.41(2), appeal of the city manager's decision to terminate or deny a permit shall be to the city council. A permitee that avails itself of its riqht to appeal a termination or denial to the citv manaqer, and if necessarv, the citv council understands that it must pay the appropriate administrative fee associated with such appeal• f� {�} The granting of a permit pursuant to this division shall not be construed as a grant of a franchise or of vested rights. �{�} No permit shall be issued to any applicant who is delinquent in remittance of franchise fees, penalties, or interest. f� {�} The permit issued to the applicant shall not be transferable. .. � r r • � • � � Section 11. That Appendix A, XXV Public Works—Fees, Rates and Charges (§32.068) be amended by adding the underlined language and deleting the stricken language as follows: XXV. PUBLIC WORKS—FEES, RATES AND CHARGES (§ 32.068) (3) Rates: ******** ******** (c) Solid waste collection rates. 1. Monthly charges for twice weekly collection of solid waste in prescribed containers. a. Single-family and multiple-family dwellings. ******** � Ordinance No. 8315-12 ��11�:�� Attachment number 1 \nPage 1 (ii) Side or rear yard premium service: Manual pickup has a limit of two containers per living unit, each having a capacity no larger than 32 gallons and 50 pounds. For each additional 32-gallon or smaller container for rear yard pickup, the fee specified below will be charged for side or rear building collection of each �932-gallon container. ******** 5. Each single-family or multi-family dwelling customer will be allowed up to four additional complimentary yard waste pick-ups beyond the once- weekly yard waste collection implicit in 32.281(1)(a), per 12-month period beqinninq January 1St of each calendar year, provided+r� the combined yardage of the four pick-ups does not exceed a total of 40 cubic yards during that 12-month period. 6. Onlv citv-owned �waste receptacles, utilized bv commercial or industrial customers, °�^'� ��n^ rooiiJon4i�l rofi ,�.o nr�n4�inoro shall be eligible for two complimentarv cleanings per calendar year °+ n^ ^"°r^° Any subsequent cleaning shall incur a$100.00 per waste receptacle charge. ******** (5) Other Miscellaneous charges: ******** (b) Solid waste roll-off or waste receptacle service: ******** 3. Deposits. a. Roll-off container/and or waste receptacle. A$400.00 deposit mav � be charged for each roll-off and/or waste receptacle. Service charges will be assessed against the deposit until it is insufficient to cover the next pull and disposal bill. At that time the customer will be required to make a payment on account or replenish the deposit in order to cover the next service billing. Ordinance No. 8315-12 ��11�:�� Attachment number 1 \nPage 1; b. The initial deposit may be set at less than the normal 400.00 i�nin_mnnih lo�iol UpOn �°i°rminoiinn nf hoinn in hi icinocc fnr +,�,,, „o�r� „r mnro „r „+hon�„�o providing satisfactory credit worthiness and h„ °�°^, ,+;,,n o cr�oniol �Jor�ncii/r�o�imoni °^r°�;� approvale� by the director of solid waste/general services or desiqnee. `"'h�nh r�rn�iirloc fnr o mnro ror,�r! r�o�imoni cnhorli ilo �hon nnrmol Section 12. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk 12 Ordinance No. 8315-12 ��11�:�� City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:12/20/2012 Authorize a not to exceed amount of $550,000, to pay Gallagher Bassett Services, Inc., for workers' compensation claims due and payable for the period of December 2012 through December 2014, and authorize the appropriate officials to execute same. (consent) SUMMARY: The $550,000 amount represents an estimate of claims expenses for the next two fiscal years that will become due and payable as a result of workers' compensation claims that occurred between 1984 and 1991. The City of Clearwater is self-administered for the majority of its workers' compensation claims, but a handful of claims (approximately 15) are still administered by the City's former third-party administrator, Gallagher Bassett Services, Inc. The City's Risk Management Division pays a fee of approximately $4,000 per year for continued third-party services on these claims. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 590-07000-545800-519-000 Review Approval: $550,000 2012 to 2014 Amount $550,000 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment No $550,000 Cover Memo ��11�:�� City Council Agenda Council Chambers - City Hall Meeting Date:l2/20/2012 SUBJECT / RECOMMENDATION: Approve the amendment to the service agreement between the City and MHNet for employee and retiree Employee Assistance Program and Mental Health/Chemical Dependency bene�ts recognizing a name change only in reference to the MHNet entity that is party to the agreement and authorize the appropriate of�cials to execute same. (consent) SUMMARY: The purpose of this amendment is to modify the reference to the MHNet entity that is a party to the service agreement between MHNet and City of Clearwater. In order to properly recognize the fully insured arrangement that the City has with MHNet to provide Employee Assistance Program and Mental Health/Chemical Dependency benefits, MHNet has requested that the entity named in the agreement between MHNet and City of Clearwater be changed from MHNet of Florida to MHNet Specialty Services, LLC. This change is partly due to the City electing to self-fund our medical insurance plan and will preclude the City from having to change the MHNet reference in the future, whether the City is fully funded or self-funded far medical insurance, provided the City maintains a fully funded arrangement with MHNet. This amendment to the agreement is for administrative and accounting reasons, and will in no way alter the nature or scope of the City's relationship with MHNet, nor the people that manage and administer our account. There is no additional cost to the City associated with this change. Review Approval: Cover Memo ��11�:�� Attachment number 1 \nPage 1 AMENDMENT TO AGREEMENT This is an Amendment ("Amendment") to the SERVICE AGREEMENT ("Agreement") by and between MHNet of Florida, Inc., a Florida corporation and CITY OF CLEARWATER. WHEREAS, the parties desire to amend the Agreement to correct the identity of the MHNet entity that is a party to the Agreement starting January 1, 2013; and NOW THEREFORE, in consideration of the mutual promises covenants set forth in the Agreement and this Amendment, the parties hereby further amend the Agreement effective as of January 1, 2011 and further represent and agree as follows: 1. All instances of "MHNet of Florida, Inc." are deleted and replaced with "MHNet Specialty Services, LLC." Any other place in the Agreement where the term "MHNet," "MHNet of Florida" or any other reference intending to mean "MHNet of Florida, Inc." shall be replaced with "MHNet Specialty Services, LLC." 2. This Amendment shall be effective as of January 1, 2013. 3. All capitalized terms used in this Amendment and not otherwise defined shall have the meanings set forth in the Agreement. 4. To the extent any provision of this Amendment conflicts with any of the provisions of the Agreement, the provisions of this Amendment shall govern. Except for the amendments made hereby, the above referenced Agreement remains in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers this day of , 2012. MHNET OF FLORIDA, INC. By: Name: Title: Countersigned: George N. Cretekos Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney MHNET SPECIALTY SERVICES, LLC By: Name: Title: CITY OF CLEARWATER, FLORIDA I� Attest: William B. Horne II City Manager Rosemarie Call City Clerk I[�ii�:�/ City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:12/20/2012 Approve Supplemental Work Order to Engineer of Record (EOR) Geosyntec Consultants of Tampa, Florida in the amount of $37,576.80 for final design and permitting of the Phillip Jones Field site restoration and authorize the appropriate officials to execute same. (consent) SUMMARY: July 19, 2012, City Council approved funding in the amount of $822,490 to properly close and renovate an old landfill site far continued use as a sparts field. The City contracted with EOR Geosyntec Consultants to assist the City in working through FDEP (Florida Department of Environmental Protection) and SWFWMD (Southwest Florida Water Management District) requirements to design and permit the closure and restoration of the site. Environmental and Design work arders to date total $94, 425.98. This current work arder in the amount of $31,314.00 will take the project through FDEP and SWFWMD permitting and Contractar bidding. A 20% Environmental contingency in the amount of $6,262.80 is requested to suppart any unknown conditions (if any) that may arise during the final permitting for a value of $37,576.80. Contract value to Geosyntec Consultants will total $132,002.78. Sufficient budget is available in Capital Improvement Program project 0315-93631, Phillip Jones Park Renovation, to fund the supplemental work order and 20 % Contingency for unforseen conditions. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-93631-561000-575-000- 0000 Review Approval: $37,576.80 $37,576.80 2012 to 2013 Amount $37,576.80 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment See summary � $37,576.80 Cover Memo ��Il�:�ij Attachment number 1 \nPage 1 � � � �� , � �� SUPPLEMENTAL WORK ORDER for the CITY OF CLEARWATER Date: Project Number: City Project Number: 12-0016-PR 1. PROJECT TITLE: Phillip Jones Field Restoration — Environmental Resource Permit Application Package and Bid Support f��YK�] � �[�] �y �I .,�/ [y �� The project work will entail an evaluation of the stormwater management system for existing and proposed conditions at the Phillip Jones Field site, and preparation of an Environmental Resource Permit (ERP) Application package for submittal to the Southwest Florida Water Management District (SWFWMD) and FDEP. Geosyntec's scope of work is outlined in the following tasks: Task 1— Revise Grading Plans and Design Report • Revise waste and final cover �radin� plan to reflect new 1-ft thick soil cover • Revise relevant details • Revise Final Desi�n Report II. Task 2— Existing and Proposed Site Conditions Modeling Evaluation • Existin� and Proposed Conditions Model Preparation — incorporate updated site characteristics data into the existing and proposed conditions model. • Flood Plain Impacts Evaluation Models and Results — finalize floodplain impact model evaluation. • Run Model Scenarios — complete model scenarios for existing and proposed site conditions to determine peak discharge rates from Phillip Jones Field site. III. Task 3- Prepare Stormwater Calculation Package/Summarize Model Results • Prepare Narrative of Results — briefly describe data collection, site characteristics, model methodology, and a discussion of model results. • Prepare Tabular Summaries — prepare tabular summary of site characteristics and model stage/discharge results for both existing and proposed conditions at the Phillip Jones Filed project site, as well as finalize tabular summaries of model stage results from the floodplain impacts evaluation. Item # 8 WO Initiation Form.docx 1 Of 6 form revised: 10/17/2012 Attachment number 1 \nPage 2 • Prepare Maps/Fi�ures — prepare exhibits of Phillip Jones Field along with a generalized model node-link representation. IV. Task 4— Prepare Standard General ERP Application Package • Prepare Required ERP Application Forms, Supportin� Narrative and Submittal to SWFWMD — prepare Standard General ERP Application Sections A, C, and E. Geosyntec will also prepare a narrative to support the ERP Application submittal presenting site location, project background, and proposed remedial design. • Submittal of ERP Packa�e to SWFWMD — submit ERP Package electronically to [.`1�i�/��i�/ Ul�a V. Task 5— Project Management & Meetings • Proiect Coordination —general administration of project staff and schedule coordination • Senior and Peer QA/QC - review of model data, stormwater calculations and narrative content, and ERP Application package. VI. Task 6— Contractor Bid Package Support • Prepare Bid Packages — Using the City's standard specifications, Geosyntec will prepare a complete bid package for the City to distribute to qualified bidders. The bid package will estimated quantities, a bid schedule, prequalification's, and instruction to bidders. • Pre-Bid Meeting — Geosyntec will organize and attend an onsite pre-bid meeting with potential bidders to provide an overview of the project and answer questions. • Respond to Bidder RAI's — Geosyntec will respond to bidder RAI's. For budgetary, purposes, we have assumed that up to 20 RAI's will be received and one Addendum will be prepared. Please note that the following assumptions and items that are not included: • Additional Pre-Application Meetings/SWFWMD Coordination — Geosyntec conducted a pre-application meeting with the SWFWMD on 10-15-12. Additional meetings and coordination with the SWFWMD and the FDEP are not included in this scope of services. • Response to Regulatory Comments — response to regulatory comments and Requests for Additional Information (RAIs) are not included as part of this scope of services. • Since no additional impervious areas are being proposed under the design, it is assumed that no water quality treatment design for runoff will be necessary for the ERP. • It is assumed that the improvements will not impact wetlands. Accordingly, no wetland delineation or mitigation documentation will be necessary for the ERP. 3. PROJECT GOALS: The goal of the project is to prepare an Environmental Resource Permit (ERP) application package for the Phillip Jones Field site for submittal to the Southwest Florida Water Management District (SWFWMD). This will include the preparation of pre- and post- development ICPR models for the site, evaluation of peak discharge rates for pre- and post- development conditions, preparation of a stormwater calculation package to be included as part of the ERP Application package, and completion of ERP Application Sections A, C, and E, as well Item # 8 WO Initiation Form.docx 2 Of 6 form revised: 10/17/2012 Attachment number 1 \nPage 3 as preparation of a narrative to accompany the ERP Application, for electronic submittal to the SWFWMD. The deliverables will be an ERP Application package in PDF format for electronic submittal to the SWFWMD and the Final Closure Plan for submittal to FDEP. 4. BUDGET: This price includes all labor and expenses anticipated to be incurred by Geosyntec Consultants for the completion of these tasks in accordance with Professional Services Method "B" — Lump Sum — Percentage of Completion by Task, for a fee of $31.314.00. 5. SCHEDULE: The project deliverable is anticipated to be completed within three weeks from issuance of notice-to-proceed. 6. STAFF ASSIGNMENT (Consultant): It is anticipated that the following Geosyntec Staff will be utilized in performing the scope of services: Mark Ellard — Project Manager; Chad Drummond — Senior Peer QA/QC Review; David Riotte — Senior QA/QC Review; Katie Fox - Project Engineer; John Ash — CADD Designer; Pam Gallagher — Administrative Assistant / Clerical 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to: Mark Ellard, PE, CFM —407-321-7030, mellard@�eosvntec.com. Copies shall be submitted to David Riotte, PE — 904-450-4256, driotte@geosyntec.com. All City project correspondence shall be directed to: Ed Chesney — 727-562-4742, ed.chesney@myclearwater.com. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Engineering, Attn: Veronica Josef, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 315-93631-561000-572-000-0000 9. INVOICING PROCEEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method — Lump Sum or Cost Times Multiplier Item # 8 WO Initiation Form.docx 3 of 6 form revised: 10/17/2012 Attachment number 1 \nPage 4 E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expensesgreaterthan $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: None PREPARED BY: David Riotte Associate Geosyntec Date APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Item # 8 WO Initiation Form.docx 4 of 6 form revised: 10/17/2012 Attachment number 1 \nPage 5 Attachment "A" ! m � `� I i CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Item # 8 WO Initiation Form.docx 5 of 6 form revised: 10/17/2012 Attachment number 1 \nPage 6 Attachment "B" Phillip Jones Field - Environmental Resource Permit Application Geosyntec Consultants ►�,►��;�;��;��;�i►irrr:vrc��►��;�ui PROJECT BUDGET Task Description Subconsultant Labor Total Services 1.0 Revise Design Drawings and Report 1.1 Revise Design Drawings $3940 $3940 1.2 Revised Design Report $1900 $1900 $5,840 2.0 Existing and Proposed Site Conditions Modeling Evaluation 2.1 Collect Site Characteristics Data $244.00 $244.00 2.2 Existing and Proposed Conditions Model $366.00 $366.00 Preparation 2.3 Flood Plain Impacts Evaluation Models and $976.00 $976.00 2.4 Run Model Scenarios $366.00 $366.00 $1,952.00 3.0 Prepare Stormwater Calculation Package/Summarize Model Results 3.1 Prepare Narrative of Results $420.00 $420.00 3.2 Prepare Tabular Summaries $630.00 $630.00 3.3 Prepare Maps/Figures $630.00 $630.00 $1,680.00 4.0 Prepare Standard General ERP Application Package 4.1 Prepare Required ERP Application Forms, $5,520.00 $5,520.00 Supporting Narrative and Submittal to SWFWMD 4.2 Submittal of ERP Package to SWFWMD $1,424.00 $1,424.00 $6,944.00 5.0 Project Management & Meetings 5.1 Project Coordination $1,584.00 $1,584.00 5.2 Senior and Peer QA/QC $2,376.00 $2,376.00 $3,960.00 6.0 Contractor Bid Package Support 6.1 Prepare Bid Packages $4,688.00 $4688.00 6.2 Pre-Bid Meeting $1,584.00 $1584.00 6.3 Respond to Bidder RAI's $2,274.00 $2274.00 $8,546.00 Subtotal, Labor and Subcontractors $28,922.00 Permit Review Fees - ERP $1,456.00 Other Direct Costs (prints, photocopies, postage, etc.) $936.00 (Not applicable to lump sum Work Orders) Grand Total $31,314.00 Item # 8 WO Initiation Form.docx 6 of 6 form revised: 10/17/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:12/20/2012 Award contracts (purchase orders) to contractors as listed for the renovation of the Sid Lickton Sports Complex, located at 714 Saturn Avenue; approve the transfer of $139,340 from Utility Funds, $360,660 from reallocation of Penny III funds, $209,825 from various Parks and Recreation CIP maintenance projects, $85,000 from various operating codes to CIP 315-93630 Sid Lickton Complex Renovations at first quarter and authorize the appropriate officials to execute same. (consent) SUMMARY: On April 5, 2012, the Council approved funding $150,000 for preliminary design work for the renovations of the Sid Lickton Ballfield Complex from Penny funds and established the Sid Lickton Complex Renovations Capital Improvement Project entitled (CIP 315-93630). Additional Penny III funding of $2,350,000 was approved and included in Fiscal Year 2012/13 CIP budget with an additional estimated $500,000 to come from public utility funds. After reviewing with Bond Council eligible expenses to be charged to the Utility fund is $139,340 rather than $500,000 of public utility funds can be used for this project; the purchase of land, cost of leasehold expenses and to repair and restore land and facilities damaged by construction. Due to this change, it has become necessary to request reallocation of $360,660 of future Penny III funds designated the Youth Sports Fields to be moved up from 2017/18 to replace this gap in funding. The budget for this project was originally $3,000,000 however; it is now estimated to be $3,294,825 or $294,825 over budget. The major cost overrun had to do with the site work necessary for this project; primarily items involving the storm water drainage improvements, and materials for the project. In order to reduce the cost of the project to this level, contingency allocated for each contracts above has been reduced from 10% to 5%, which staff feels is reasonable. In addition, staff reviewed each contract to see if value engineering could be accomplished and made value engineering changes to Alto Construction Company Inc. as well as Grosz Construction contracts. None of the value engineering items impact the overall components of the project. Changes to Alto Construction Company contract was to use an alternate but acceptable course material for the parking lot and driveways, and changes to the stormwater drains and piping and for Grosz Construction where the amount and thickness of concrete was modified. In order to meet the increased costs staff is recommending that $209,825 of the following funds from various CIP parks and recreation projects and maintenance projects and $85,000 of the following operating funds be transferred at first quarter to cover the $294,825 shortfall. CIP 315-93286 Parking Lot resurfacing $35,000 315-93621 NGRAC Renovations (Close outproject) $58,078 315-93622 Joe D Restroom/cona(Close outproject) $21,747 315-93636 Tennis Court resurfacing $25,000 315-93638 Fencing replacement program $70,000 Operating 010-01887-542200 Sid Lickton Electrical $20,000 010-01887-542300 Sid Lickton Utilities $30,000 010-01887-550400 Sid Lickton Supplies $10,000 010-01880-530300 Athletic Field Maint Adm. $25,000 Total $294,825 The transfer of funds from these projects will not impact the various maintenance projects planned for this year or a��o��. �pact future repair and replacement projects. All operating funds used were primarily specified for the operations of the Sid Lic ton Complex and since it will be closed for renovations these funds are in excess and can be used for this project. It2CT1 # 9 The budget for this project includes 7% tax savings of $31,500 and elimination of the batting tunnels for $90,500, as this would be an e�pense of Clearwater Little League. A construction fence has been installed around the entire project site and demolition of existing buildings is in process. Project is scheduled to be completed prior to Spring Baseball program, which begins January 2014. Staff recommends that the contracts be awarded as follows: USA Fence Co. of Brandon, FL, (Bid 37-12) for removal and reinstallation of all fences and backstops for $272,498.63 and approve a change order deduct reducing the contingency from 10% to 5% ($12,386.30) for a net contract amount of $260,112.33; Malin-Diaz Irrigation of Clearwater, FL, (Bid 41-12) for the installation of irrigation for $186,433.78 and approve a change order deduct reducing the contingency from 10% to 5% ($8,474.26) for a net contract amount of $177,959.52; Alto Construction Co. Inc. of Tampa FL, (Bid 12-0024-PR-A) for the construction site work for 1,048,922.60 and approve a change order deduct reducing the contingency from 10% to 5% ($49,971.55) and value engineering ($45,865) for a net contract amount of $953,086.05); Energy Services and Product Corp. of Tampa, FL, (Bid 12-0024-PR-B) for the construction of the restroom/concession/pressbox building for $937,292.99 and approve a change order deduct reducing the contingency from 10% to 5% ($42,603.72) for a net contract amount of $894,688.27; Riley Electrical Co. Inc. of Largo FL., (Bid 12-0024-PR-C) for removal and reinstallation of all ballfield and overhead lighting for $305,285.21 and approve a change order deduct reducing the contingency from 10% to 5% ($13,876.60) for a net contract amount of $291,408.61; and Grosz Construction of Tampa, FL, (Bid 01-13) for installation of all flatwork including slabs, sidewalks and curbs for $292,431 and approve a change order deduct through value engineering of $92,575.29 for a net contract amount of $199,855.71. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: Yes This item increases CIP 315-93630 by $794,825 from $2.5 million to $3,294,825. Increase from transfer of $139,340 Utility Funds; $360,660 from Penny III; $209,825 from misc CIP's; and $85,000 from operating codes. Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 315-93630 Bid Required?: Other Bid / Contract: Review Approval: $2,777,110.49 Annual Operating Cost: -0- $2,777,110.49 Total Cost: $2,777,110.49 2012 to 2013 Amount $2,777,110.49 Yes Appropriation Comment Amount for contract items only Bid Number: Bid Exceptions: #37-12; #41- 12; #01-13, #12-0024-PR- A,B,C None Cover Memo ��11�:�%� Penny for Pinellas - Proposed Funding December 2012 Public Hearing Fiscal Years 2012/13 - 2019/20 Penny III Proposed Penny III Approved Changes Revised Total Projects Projects 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 Approved BeginningBalance: 4,497,552 2,824,362 2,248,001 2,102,804 888,859 1,104,952 6,025,791 6,222,391 4,497,552 Penny III Pmceeds 8,381,110 8,632,543 8,891,520 9,158,265 9,433,013 9,716,004 10,007,484 4,231,940 68,451,878 GulfBoulevardReimbursement 670,838 670,838 670,838 670,838 1,341,676 1,341,676 1,341,676 6,708,380 Estimated Revenue 13 549 500 12127 743 11810 359 11931 907 11663 548 12162 631 17 374 951 10 454 331 79 657 810 High Prioriry Downtown Intermodal Facility Police Vehicles Fire En¢ines Counhyside Fn�e Station Lakeview Fn�e Station Clearwater Beach Fire Station Medium Priority Ciry-wide Seawall Replacement Traffic Calmin¢ Consolidated "Eastside/SPC' Libizry Counhyside Library Renovation Libruy Technology Ruth Eckerd Hall Capitol Theah�e Coachman Park Redevelopment New Sidewalk Conshuction Low Priority Downtown Streetscaping Sid Lickton Complex Renovations Youth Sports Fields Renovations 5,425,000 900,000 1,1OQ500 3,697,910 4,198,460 4,305,560 4,48Q000 3,22Q000 7,SOQ000 4,70Q000 1,25Q000 500,000 3,SOQ000 S,OOQ000 2,833,250 5,425,000 900,000 1,1OQ500 3,697,910 4,198,460 4,305,560 4,48Q000 3,22Q000 7,SOQ000 4,70Q000 1,25Q000 500,000 3,SOQ000 S,OOQ000 2,833,250 5,425,000 300,000 200,000 200,000 100,000 100,000 528,680 571,820 400,000 3,297,910 400,000 3,798,460 400,000 3,905,560 245,000 605,000 605,000 605,000 605,000 605,000 605,000 605,000 280,000 420,000 420,000 420,000 420,000 420,000 420,000 420,000 500,000 7,OOQ000 4,70Q000 1,25Q000 6,OOQ000 6,OOQ000 2,35Q000 360,660 2,71Q660 2,710,660: 2,350,500 (360,66T1)��; 1,989,840 Neighborhood Parks Renovations S,OOQ000 S,OOQ000 7oe DiMaggio Press Box & Stoizge 268,500 268,500 EC Moore 8& 9 Renovations/Press Box 175,000 175,000 Frank Tack Park Parking Lot 399,500 399,500 Counhyside Plex Resh�oom/Concession 656,500 656,500 Bicycle Paths-Bridges 3,OOQ000 3,OOQ000 Total Penny LLL Projects 72 810 680 72 810 680 500,000 3,SOQ000 S,OOQ000 472,000 472,000 472,000 472,000 472,000 473,250 2,OOQ000 2,OOQ000 2,OOQ000 234,840 ' , 1,75Q000 5,425,000 900,000 1,1OQ500 3,697,910 4,198,460 4,305,560 4,48Q000 3,22Q000 7,SOQ000 4,70Q000 1,25Q000 500,000 3,SOQ000 S,OOQ000 2,833,250 6,OOQ000 1 2,710,660 1,989,840 SOQ004' , , 1,25Q000 1,25Q000 1,25Q000 750,000 i S,OOQ000 268,500 268,500 175,000 175,000 399,500 399,500 656,500 656,500 750,000 750,000 750,000 750,000 3,OOQ000 Debt Costs 3,432,015 3,432,015 670,838 670,838 670,838 670,838 748,663 3,432,015 First Station i#45 - Piincipal 209,034 209,034 68,640 55,224 41,807 28,390 14,973 209,034 First Station i#45 - Interest Planned Project Expenditures 76,451,729 76,451,729 10,725,138 9,879,742 9,707,555 11,043,048 10,558,596 6,136,840 11,152,560 7,248,250 76,451,729 Estimated Available Balance 2,824,362 2,248,001 2,102,804 888,859 ��Q�9$� n 6,025,791 6,222,391 3,206,081 3,206,081 �# � � "� � �_; �� 1� �1 I�. �`t��'�'�.��"�' C�� '�'n�°i"�Y (��+� � L.�� `��[°��'�' �� '�.��i' ��,1� �'��;�v ��` �'��:��;. ��i��'�b `�t��€ �,� ��;'��t� �.:f��s��'I��.'�:"� �� tY.� �1�� :�> C"��°ti��:t��° �� `��a-l�� "`�' �� l�'��1��'�� "� �3�1��`` °��z�� c �� i�.c��z��E� �� . ��, ��. ��. l�t�'��CA� ��'��.�Ia�. �� d1��"�`�� "��I��E� rT�� "�t�:�-��t�'", ��p� ��:�c� ��i� ��.�� .��-t�� i��ts� t�� t �t�� f' €��ca�°r��°, � ��c=�.�t� �a�t��°��%��` ��.3�� i��= "'€��,t��-4,� �� -�� 1 :�t�� ": �1`�� ?`� �� `°�`�'�"�'� ��; ``�'�_��1�5��? 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W f� .' f,� �_.,,„^� �. x� � � � � � t. b� il� �,� � : u.�� ,� r � .� m ___ _ 1��i�:�� ,� � �°I�° �"�� z� �� ' �''��F �.y� �; � �'�� , fi�1 �� "� > � w�i t i City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:12/20/2012 Approve renewal of the agreement with Religious Community Services, Ina (RCS) for provision of contractual victim advocacy services in the amount of $15,000, for term beginning January 1, 2013 through December 31, 2013, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Clearwater Police Department (CPD) seeks City Council approval to renew a contractual agreement with RCS (a registered non- profit organization with four distinct yet interwoven programs, which includes The Haven of RCS) to provide a part-time bilingual victim advocate position from The Haven to be physically located at CPD headquarters. The victim advocate will work 20 hours per week and perform the duties associated with the implementation of a domestic violence victim advocacy program with an emphasis on Spanish-speaking, Hispanic victims for a one-year period. This is a third year request for the services of a part-time bilingual victim advocate, which has proven to be a very successful program. The victim advocate provided safety plans for 212 domestic violence victims, 43 of whom were Hispanic, for the period January 1, 2012 through September 30, 2012. Additionally, there were 212 initial calls made to the victims of domestic violence and 376 follow up calls. The victim advocate also assisted the victims at court hearings and State Attorney Investigations. The Haven of RCS is a state-certified provider of domestic violence victim advocacy services; has a number of Spanish-speaking victim advocates on staff; and has a long history of partnering with CPD and its victim advocate on domestic violence issues. Pursuant to the contractual agreement, The Haven of RCS will provide comprehensive domestic violence services on-site at CPD for a total of 400 victims, with an emphasis on Spanish-speaking Hispanics but to include all domestic violence victims. All expenses will be funded with Special Law Enforcement Trust Fund revenue and charged to Special Project 181- 99356. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 1 8 1-993 56 Review Approval: $15,000.00 2012 to 2013 Amount $15,000.00 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment None $ 15,000.00 All e�penses will be funded with Special Law Enforcement Trust Fund revenue and charged to Special Project No. 181-99356 Cover Memo �[i�ii%�[I] � � , �: �, � . ,� �,. ��r ��', -� � +r +�� .. � � � ,� �� Y�. � �., t .� .�. Y, p ��. �' +1 .. .ff � yy. �" �.. ,Ya. ' ''t � .. + � . _ w4 . ;w� . . ea.. . � . . s i' , '� vw .: � . . 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(consent) SUMMARY: The Clearwater Police Department has been a participating member of the AmeriCorps program since 1995, and for the past eight years has been the lead agency and grantee for AmeriCorps Clearwater. AmeriCorps Clearwater is a public safety program designed to foster citizen responsibility, build neighborhood unity, provide educational opportunities, and save police off'icer time by members performing non-hazardous public safety duties. Each full-time program member provides 1,700 hours annually and each part-time member provides 900 hours annually, resulting in a savings of over 22,500 hours of valuable service time to our citizens. This allows police off'icers and department personnel to devote more time to hazardous and critical crime mitigation tasks. AmeriCorps members promote a safe and friendlier place to live and visit. They also serve as a conduit for dissemination of information to residents and visitors who are most affected by ongoing changes in the City. The Clearwater Police Department benefits from the members' assistance with community policing efforts and the opportunity to mentor and mold the potential police ofiicers of the future. Ninefull-time AmeriCorps members, ten part- time AmeriCorps members and one AmeriCorps Program Coordinator are assigned to the Clearwater Police Department. The full-time AmeriCorps members receive a minimum living allowance/stipend of $12,100 per year, and part-time AmeriCorps members receive a living allowance/stipend of $6,406 per year. A continuation funding request and application was submitted and approved by The Corporation for National and Community Service for Federal Assistance in the amount of $189,477. Special Project 181-99246 has been set up for AmeriCorps Clearwater ZOI3. A budget amendment will provide the cash match with a transfer of $81,129from the Special Law Enforcement Trust Fund project 181-99331. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 181-99246 Review Approval: $ 189,477 2012 to 2013 Amount $ 81,129 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Yes $ 189,477 $ 189,477 A budget amendment will provide the cash match with a transfer of $81,129 from the Special Law Enforcement Trust Fund Project 181-99331. Cover Memo �[iail%�i(I) Attachment number 1 \nPage 1 2012-2013 Program Year VOLUNTEER FLORIDA PROVIDER AGREEMENT This provider agreement is hereby made and entered into as of this Ol day of Januarv (month) 2013 (year) (the "Effective Date"), by and between The Governor's Commission on Community Service, doing business as Volunteer Florida (the "Commission"), having its principle place of business at 401 South Monroe Street, Tallahassee, FL 32301, and Clearwater Police De�artment (AmeriCor�s Clearwater�, a corporation organized under the laws of the State of Florida with its principal place of business located at 645 Pierce Street, Clearwater, FL 33756-5400 (the "Provider") (collectively, the "Parties") and referred to herein as the "Provider Agreement." In consideration of the contracted services by the Commission and of the advantages and benefits received by the Provider by virtue of such relationship, the receipt and adequacy of all of which considerations are hereby acknowledged; NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth herein, the Parties agree as follows: L PROVIDER AGREEMENTS A. Compliance. 1. The Provider will utilize AmeriCorps Members in accordance with the application submitted by the Provider for funding (the "Grantee Application"). The Provider must comply with the requirements of the National and Community Service Act of 1990 and the National and Community Service Trust Act of 1993. The Provider shall also comply with applicable Federal cost principles, administrative, and audit requirements as well as all applicable Florida Statutes. Additionally, the Provider will adhere to all federal statutes, regulations, or other laws related to the Americans with Disabilities Act of 1990, and any amendments thereto. The Provider is additionally responsible for prohibiting discrimination in accordance with AmeriCorps Provisions. 2. All such requirements are incorporated herein by reference. 3. The Provider will rectify all compliance issues identified by the Commission in writing within the time period set forth by the Commission or all reimbursements will be withheld until the Commission is satisfied all deficiencies have been corrected. Written documentation should include how all noted deficiencies were corrected or an acceptable justification, action plan and timeline of compliance for any deficiencies not corrected within the time period set forth. 4. By signing this contract, the Provider acknowledges receipt of the AmeriCorps Provisions which are identified in Exhibit IV attached hereto and incorporated by reference herein. 5. The Provider further agrees to adhere to all AmeriCorps Provisions and associated regulations, and the most current policies of the state of Florida as implemented by the Commission and of the federal government. The Provider is responsible for I[�'ii�:�iil 00245027-1 Attachment number 1 \nPage 2 2012-2013 Program Year ensuring that all staff, agents, volunteers, or any other individuals or participants acting on behalf of the Provider acts in accordance with all such regulations and policies. B. Program Name. The Provider may not change its program name, as identified in its Funding Application without the prior written approval of the Commission. C. Program Performance Measures and Training. Program performance measures, required trainings, and additional programmatic requirements are referenced in Exhibit II, attached hereto and incorporated by reference herein. D. Budget. The budget for the delivery of services described in the Provider Agreement, (the "Program Budget") as well as a budget narrative is identified in Exhibit III, which is attached hereto and incorporated by reference herein. 1. Match Requirements and Cash or In-Kind Contributions a. The Provider must provide matching funds cash or in-kind contributions at a minimum of the percentage stated in Exhibit III of the Provider Budget. b. Partnering organizations working with the Provider to provide cash or in-kind contributions must submit a letter on their organization's letterhead signed by an authorized official of the organization stating the amount of cash or in-kind contribution donated to the Provider and any required stipulations. Cash or in- kind contribution letters must include a description of each service or resource that will be provided and the dollar value of each. These letters must be submitted to the Commission within thirty (30) days of the Effective Date. 2. Budget Revisions: Approval must be obtained by the Commission if the Provider intends to adjust a budget line by ten percent (10%) or more of the Provider Budget. The Commission reserves the right to disallow any such revisions. Revisions to the Program Budget must be submitted using the Volunteer Florida Budget Revision Request Form attached hereto as Exhibit V and incorporated herein by reference. E. Property. The Provider agrees that any purchases in furtherance of the Provider Agreement shall be procured in accordance with the provisions of Florida Statutes §§ 403.7065 and 287.045. To be reimbursed by the Commission for the purchase of any goods to be used in furtherance of the Provider Agreement, which are not identified in the approved Program Budget and have a purchase price equal to or greater than $1,000, the Provider must obtain prior written approval from the Commission. E Internet Access. The Provider agrees to provide the AmeriCorps Members internet access and e-mail capability as is necessary for program reporting and communications related to this Provider Agreement. G. Administration of Members with Disabilities Survey. The Provider wi11 provide a time and place for all Members to complete the Commission's Survey to Determine the Number of Persons with Disabilities Serving Florida's Communities (the "Disabilities Survey"). The Provider will ensure the Disabilities Survey is Item # 11 00245027-1 2 Attachment number 1 \nPage 3 2012-2013 Program Year administered according to Commission guidelines, which may be amended from time to time. H. Planning and Program Reporting 1. Progress Reports. All first year AmeriCorps programs are required to complete and submit Monthly and Quarterly Progress Reports ("Progress Reports") during the term of the Provider Agreement via a format approved by the Commission. Monthly Progress Reports shall be submitted by the Provider no later than the fifteenth (15th) calendar day of each month, and Quarterly Progress Reports shall be submitted by the Provider no later than thirty (30) days following each quarterly period from the Effective Date. Notwithstanding, the Commission reserves the right to require Providers to submit any Progress Report at any point during the term of the Provider Agreement. 2. Disability Community Development Plan. The Provider will submit a Disability Community Development Plan ("DCDP"), as defined in the AmeriCorps program for the purpose of establishing partnerships with third-party organizations whose primary mission is serving persons with disabilities and establishing outreach activities to persons with disabilities to consider serving in AmeriCorps. The DCDP must be submitted to the Commission within six (6) months of the Effective Date of the Provider Agreement. 3. Sustainability Plan. It is understood that the funding provided by the Commission for this program is "seed money" to be used by the Provider to provide services to the community, with the assistance of the Commission that will eventually be continued and managed locally with minimal federal funds or responsibility for the program. The Commission is not responsible for providing any goods, services, or other resources, including monetary resources to the Provider. Accordingly, the Provider will develop or update a sustainability plan in accordance with the requirements of the Commission ("Sustainability Plan"). L Other Reports. The Provider agrees to provide other reports as may be requested by the Commission. 1. Fiscal Online Training. The Provider must submit certification of completion of the online CNCS Key Concepts of Financial and Grants Management training located on the CNCS Resource Center website (www.na�ionalserviceresources.or�) within thirty (30) days of the Effective Date. The Program Director and Fiscal Contact, as identified herein, must complete this online course. Certificates of completion should be submitted with the first Reimbursement Invoice, as defined below. If the Provider fails to complete this online course the Commission reserves the right to withhold payment. 2. Financial Reports for Reimbursement. The Provider will submit to the Commission a monthly invoice using the Volunteer Florida Invoice Form attached hereto as Exhibit VII and incorporated herein by reference (the "Reimbursement Invoice"). With the exception of the Final Financial Reports, as identified in Exhibit III attached hereto and referenced herein, all Reimbursement Invoices are due 15 days after the end of the period of the report. If circumstances occur delaying the Reimbursement Invoice, an explanation Item # 11 00245027-1 3 Attachment number 1 \nPage 4 2012-2013 Program Year should be sent in writing, electronically, to the Commission before the Reimbursement Invoice is due (the "Notice of Reimbursement Invoice Delay"). If the provider submits invoices late on more than three (3) occasions consecutively, regardless of compliance with the Notice of Reimbursement Delay as described herein, the Commission reserves the right to forfeit payment. 3. Supporting Documentation. The Provider will submit supporting documentation for all expenditures related to performance under the Provider Agreement on a monthly basis. Errors in the Reimbursement Invoices, or any supporting documentation, will result in delay of payment. The Commission reserves the right to review any documents related to Reimbursement Invoices at any time during the program period. 4. Final Financial Reports for Reimbursement and Close out Checklist. The Provider agrees to submit its final Reimbursement Invoice within forty-five (45) calendar days of the ending date of this contract or the date of contract termination, whichever is earlier. If the Provider fails to submit the final Reimbursement Invoice within the specified time, all rights to any such payments are forfeited. Provider must also submit a completed AmeriCorps Program Closeout Checklist (the "Closeout Checl�list") within forty-five (45) calendar days after the ending date of this contract or the date of contract termination, whichever is earlier. If the Provider fails to submit the Closeout Checklist within the specified time, final payment will be delayed or forfeited. 5. Audits. The Provider agrees to provide the Commission financial and compliance audits of the Provider within 180 days after the end of the Provider's fiscal year in accordance with OMB Circular A-133 and to ensure that all related party transactions are disclosed to the auditor. 6. Property. At the end of the Provider Agreement the Provider agrees to submit a current inventory of all goods purchased in furtherance of the Provider Agreement with a purchase price equal to or greater than $1,000.00, that were purchased with funds provided through this Provider Agreement (the "Procurement Inventory"). The Procurement Inventory must include a description of the property, model number, and serial number, date of acquisition, cost, inventory number and information on the location, condition, transfer, replacement or disposition of the property. The Procurement Inventory is due to the Commission within thirty (30) days of the Termination Date, as defined below. The Commission has the right, upon termination of this Provider Agreement, to title and possession of any goods purchased by the Provider in furtherance of this Provider Agreement. The Provider will act with good faith in to comply with this provision of the Provider Agreement and ensure the Commission has knowledge of such goods and access to retrieve same. If the Commission chooses not to accept title or possession of such goods the Commission may require the equivalent cash value in lieu of title and possession. Disposing of property, including technology equipment, will require the program to follow the Property Disposal Protocol and prior approval by the Commission. Item # 11 00245027-1 4 Attachment number 1 \nPage 5 2012-2013 Program Year J. Partnership Development and Site Agreement 1. The Provider may enter into written agreements with other private and public organizations in the targeted communities, as identified in the Funding Application, to cooperate and coordinate the provision of services under the terms of this Provider Agreement. 2. Such partnerships may include, but are not limited to, the following agreements: a. contributions of cash support for the services provided under the terms of this contract; b. contributions of in-kind support for the services provided under the terms of this contract; c. coordination of service activities to prevent duplication of effort; d. evaluation of service activities, Member development, etc.; e. training, training space or trainers; f. promotions or public relations; and g. provisions for member supervision or service site supervision. 3. Agreements with partnering organizations to provide Member supervision and/or service sites must be in writing, adhere to the AmeriCorps Provisions and Regulations and include the following items: a. description of services to be provided by Members; b. designation of person(s) responsible for member supervision and verification of inember service hours; c. description of prohibited Member activities; and d. other supervision or programmatic responsibilities. K. Disaster Preparedness, Response, Recovery or Mitigation. CNCS, under agreement with the Federal Emergency Management Agency (FEMA) and the Commission, under agreement with the Florida Division of Emergency Management (DEM) requires the availability of AmeriCorps Members for assignment to provide assistance in disaster preparedness, response, recovery, mitigation activities, or other emergency related activities ("Emergency Assistance"). Disasters that could impact Florida include natural events such as hurricanes, tornadoes, and floods and man- made events, such as hazardous materials and terrorist events. As part of its commitment to community service, the Provider agrees to establish and maintain a disaster-oriented role with a partner organization for its members, staff and volunteers to provide Emergency Assistance. This may include, but is not limited to: community preparedness education, shelter operations, mass feeding, debris removal, community outreach or other disaster related activities. This disaster-oriented role will be documented in writing with a letter of acknowledgement from the partnering organization. Providers will work with a partnering organization to ensure its staff, volunteers, and any other related parties are trained as needed and appropriate for their disaster-oriented role with their partner organization. All program members are required to receive training in disaster response and recovery. Program Members may be requested to provide assistance anywhere in the State of Florida. Provider staff and AmeriCorps Members shall serve under the direction and control of the Provider and shall not be considered volunteers to FEMA or DEM for purposes of Florida Statutes, Chapter 110, Part IV. Requests for Emergency Item # 11 00245027-1 5 Attachment number 1 \nPage 6 2012-2013 Program Year Assistance will be made on behalf of the State Coordinating Officer, as identified in any declaration of emergency issued by the Governor of the State of Florida, through the Commission's Director of Emergency Management and Volunteer Services after consulting with the state CNCS office disaster coordinator. All related activities undertaken by a Provider will be done in cooperation with local offices of emergency management. Approved expenses incurred as a result of Provider activities related to Emergency Assistance may be reimbursed. According to State of Florida and Federal regulations, non-profit entities responding in times of disaster may request reimbursement directly from FEMA. Providers responding at the request of the State Coordinating Officer would be eligible for reimbursement of Emergency Assistance related expenses. The Commission will furnish the Provider with additional information about expenditure reimbursement as necessary. Training costs associated with providing Emergency Assistance will not be reimbursable unless arrangements are made in advance. The Commission has identified low and no cost training opportunities statewide. Providers may contact the Commission's Director of Emergency Management and Volunteer Services for specific training questions and opportunities. L. Training and Technical Assistance. Training or technical assistance provided by or to the Provider, including its staff, volunteers, and related parties, or AmeriCorps Members under this contract must be designed to facilitate the improvement of the services, strengthen the development of skills and knowledge for the staff and the AmeriCorps Members, and strengthen the communities in which services are provided. Training or technical assistance may be provided directly by the Provider, a community partner (such as a local volunteer center) or other local resources requested from or coordinated through the Commission. M. National Service Activities. During the Term of the Provider Agreement the Provider will schedule and conduct at least one direct service activity as part of the Seasons of Service, the designated national service days of CNCS. N. Quality Assurance and Evaluation 1. The Provider will track and document progress made toward accomplishing the performance measures identified in the Provider's application for funding and specific deliverables of this Provider Agreement. 2. The Provider agrees to facilitate, conduct and participate in technical assistance, external reviews, and other continuous improvement activities related to these services. 3. To be assured of satisfactory performance of the terms and conditions of the Provider Agreement, the Provider agrees to permit persons duly authorized by the Commission to inspect any records, papers, documents, facilities, goods and services of the Provider that are relevant to this contract, or to interview any clients, employees, volunteers, or any other parties affiliated with the Provider upon reasonable notice. This includes the Commission's right to conduct on-site visits of the Providers offices and any location where the Provider is providing Item # 11 00245027-1 6 Attachment number 1 \nPage 7 2012-2013 Program Year goods or services pursuant to the Provider Agreement. The Provider specifically agrees to assure that financial records will be subject, at a11 reasonable times, to inspection, review or audit by Commission personnel or individuals authorized by the Commission. 4. The Provider will conduct a minimum of one survey during the course of performance under the Provider Agreement to examine primary stakeholder satisfaction with the program services (the "Stakeholder Survey"). The Provider shall adhere to Commission guidelines in conducting the Stakeholder Survey which shall seek feedback from multiple parties, including, but not limited to the following: a. service recipients; and b. any partnering organization as identified in the Provider Agreement. 5. The Commission requires participation for all AmeriCorps programs in the Florida Statewide Evaluation conducted by Florida State University, under contract to the Commission. 6. The Provider will facilitate contact with community agencies or individuals for the Commission or its consultants; O. Records and Documentation 1. The Provider agrees to maintain records of deliverables, including reports and program and participant data; financial records, supporting documents, statistical records and any other documents (including electronic storage media) arising out of this Provider Agreement for a period of six (6) years after termination of this Provider Agreement. If an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this subcontract. 2. The Provider agrees to allow public access to all documents, papers, letters, or other materials subject to the provisions of Florida statutes, including, but not limited to, Chapter 119, Fla. Stat., made or received by the Provider in conjunction with the Provider Agreement. The Provider's refusal to comply with this provision will constitute a breach of contract. i. Safeguarding Information. The Provider agrees not to use or disclose information concerning a recipient of services under this contract for any purpose not in conformity with any Florida statutes, including, but not limited to Chapter 119, Fla. Stat., or federal regulations, including, but not limited to 45 CFR, Part 205.50, except upon written consent of the recipient or the recipient's responsible parent or guardian when authorized by law. ri. Assignments and Subcontracts. The Provider may not assign this Provider Agreement, or sub-contract any portion of the work contemplated under this Provider Agreement without prior written approval of the Commission. No such approval by the Commission will be deemed in any manner to provide for the incurrence of any obligation of the Commission in addition to the total dollar amount agreed upon in this contract. All such assignments or sub-contracts will be subject to the terms and Item # 11 00245027-1 % Attachment number 1 \nPage 8 2012-2013 Program Year conditions of this Provider Agreement, and any other obligations the Commission may require. The Provider agrees to include audit and record keeping requirements in all approved assignments and sub-contracts entered into by the Provider for any services for $25,000.00 or greater. iii. Indemnification. Provider agrees to indemnify and holds the Commission, its officers, directors, employees, affiliates, licensees, and agents harmless from any and all costs, (including reasonable attorneys' fees, disbursements, expenses, and court costs), expenses, damages, or other liability to third parties arising from or related to this Provider Agreement. The Provider shall give prompt notice as described herein to the Commission of any suits, claims, or demands by third parties which may give rise to any claim for which indemnification may be required under this Provider Agreement; provided however, that failure to give such notice shall not relieve the Provider of its obligation to provide indemnification hereunder except, if and to the extent that such failure materially and adversely affects the ability of the Provider to defend the applicable suit, claim, or demand. The Provider shall be entitled to assume the defense and control of any such claim at its own cost and expense; provided, however, that the Commission shall have the right to be represented by its own counsel at its own cost in such matters. Neither the Provider nor the Commission shall settle or dispose of any such matter in any manner which would adversely affect the rights or interests of the other party (including the obligation to indemnify hereunder) without the prior written consent of the other party, which shall not be unreasonably withheld or delayed. Each party shall cooperate with the other party and its counsel in the course of the defense of any such suit, claim or demand, such cooperation to include without limitation using reasonable efforts to provide or make available documents, information and witnesses. Nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Florida statute, §768.28. iv. Incident Reporting. In compliance with all applicable Florida Statutes, including, but not limited to Chapter 415, Fla. Stat., an employee or agent of the Provider who knows, or has reasonable cause to suspect that a child, elder, or adult with a disability is or has been abused, neglected or exploited, shall immediately report such knowledge or suspicion to the abuse registry operated by the Florida Department of Children and Families on the single statewide toll-free telephone number at 1-800-96- aBUSE �soo-962-zs�3�. P. Insurance. The Provider agrees to provide adequate liability, fidelity, properry and vehicle insurance coverage on a comprehensive basis and to hold such insurance at all times during the existence of this subcontract. The Provider accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protections for the Provider and the clients to be served under this subcontract. Upon execution of this subcontract, the Provider wi11 furnish the Commission written verification supporting both the determination and existence Item # 11 00245027-1 g Attachment number 1 \nPage 9 2012-2013 Program Year of a11 such insurance coverage. The Provider shall provide proof of insurance coverage to the Commission within 45 days of the Effective Date. Q. Sponsorship 1. The Provider agrees to, in publicizing, advertising, or describing the sponsorship of a program funded wholly or in part by the Commission, state "Sponsored by --- - and Volunteer Florida". If the sponsorship reference is in written material, the words "Volunteer Florida" shall appear in the same size letter or type as the name of the Provider. 2. The Provider agrees to incorporate the AmeriCorps logo and the Volunteer Florida logo as appropriate on all letterhead, brochures, newsletters, business cards, stationery, posters, flyers, and other written and pictorial communication media for all programs funded wholly or in part by the Commission. 3. The Provider agrees to notify the Communications Director of the Commission as soon as possible when engaging in contact with the media; and to provide the Commission's tag line to all media contacts for all programs funded wholly or in part by the Commission. R. Conflict of Interest. The Provider shall affirm that neither the Provider, nor any of its directors, officers, members or employees has any interest nor shall acquire any interest, either directly or indirectly, which would conflict in any manner or degree with performance of the service hereunder. The Provider further agrees that in the performance of the Provider Agreement, no person having such interest shall be employed by the Provider. S. Nepotism. No person may hold a job or position with the Provider in which a member of his/her immediate family exercises supervisory authority within the program. A member of an immediate family includes: husband, wife, father, father- in-law, mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, son, son- in-law, daughter, daughter-in-law and separated spouses. IL COMMISSION AGREEMENTS A. Reimbursements. Complete and accurate Reimbursement Invoices will be processed by the Commission within forty-five (45) days after receipt of the invoice. Failure to submit a timely or accurate invoice will result in monthly payments being withheld. B. Technical Assistance. In those instances where the Commission is unable to provide direct technical assistance to the Provider, the Commission will assist the Provider in obtaining any necessary technical assistance and training as determined by the Commission to be necessary for proper performance by the Provider under this Provider Agreement. C. Site Visits. Following any quality assurance or continuous improvement review, the Commission will deliver in a timely fashion to the Provider a written report with Item # 11 00245027-1 9 Attachment number 1 \nPage 1i 2012-2013 Program Year comments and recommendations regarding the manner in which services are being provided. D. Contract Continuation. The Commission will notify the Provider in writing of the submission date and requirements for the Provider to initiate a continuing application, and if approved by the Commission continuation will be executed by an amendment to the Provider Agreement or a new Provider Agreeement. IIL PROVIDER AND COMMISSION MUTUAL AGREEMENTS A. Provider Agreement Term. The term of the Provider Agreement is for a period of twelve months beginning on the Effective Date as identified above and terminating on the 31 day of December (month) 2013 (year) (the "Termination Date"). B. Contract Deductions and Withholdings. The Commission reserves the right to deduct the following expenses from the Provider Budget: a. The Provider will allocate $1,000 for the Volunteer Florida Statewide Evaluation. b. Commission's Fixed Fee for Administrative Costs: $1,880.00. c. Contract Funding Amount: $189,477.00 is the maximum amount to be reimbursable under this agreement. C. Contract Grantee and Match Amount. The Provider agrees to contribute $160,746.00 as cash or in-kind contributions, which represents 46% of the Provider Budget. L If the provider is unable to meet the minimum requirement of the cash or in-kind contribution, the Provider must submit a letter of justification to the Commission. A determination will be made by the Commission, without recourse, as to the merit of the justification. Based on the justification, the Commission may reduce the Provider's reimbursable grant amount proportionately based on the amount of grant match funds expended. Notification of the Providers' failure to meet the minimum requirement should be submitted to the Commission 90 days prior to the end of the Term of the Provider Agreement. D. Type of Contract. This wi11 be a cost reimbursement contract. Reimbursement for the contracted services will be contingent upon the documented allowable expenditures for the specified contract period. The Commission's performance and obligation to pay for services rendered under this contract is contingent upon available funding from CNCS and the State of Florida. E. Ownership and Sharing of Grant Products. The Provider, to the extent possible, agrees to make products produced under this contract available to others in the field at the cost of reproduction. The Commission retains royalty-free, non-exclusive and irrevocable licenses to obtain, use, reproduce, publish or disseminate products, including data, produced under this contract and to authorize others to do so. The Commission may distribute such products through a designated clearinghouse. The Item # 11 00245027-1 l� Attachment number 1 \nPage 1 2012-2013 Program Year Provider may not sell any work that includes the Commission logo without prior written approval from the Commission. F. Contract Amendments. All amendments to the Provider Agreement must be in writing and utilize the format provided in Exhibit VI, attached herein and incorporated by reference. Further, any such amendments must be executed by authorized representatives of the Commission and the Provider. G. Termination. 1. Termination at Will. This contract may be terminated without cause by either of the Parties upon no less than sixty (60) calendar days notice provided in writing in accordance with all notice provisions included herein, unless both parties mutually agree upon a lesser time. Notice will only be sufficient if it complies with the notice requirements identified herein. 2. Termination Due to Lack of Funds. In the event the Commission determines funds necessary to finance this Provider Agreement become unavailable, the Commission may immediately terminate the Provider Agreement by providing written notice in accordance with all notice provisions herein. The Commission shall be the final authority as to the availability of funds. 3. Termination for Breach. The Commission may immediately terminate this Provider Agreement for cause, including for non-compliance or breach of contract by the Provider. If applicable, the Commission may employ the default provision in Florida Administrative Code, Chapter 60A-1.006(3). Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit the Commission's right to remedies of law or to damages. 4. Overpayment. In the event that the Commission, the Provider or an auditor discovers an overpayment has been made to the Provider, the Provider will repay the overpayment within thirty (30) calendar days. H. Notice and Contact. Any notice required pursuant to the Provider Agreement must be delivered by certified mail, return receipt requested, or in person with proof of delivery. The primary contact for all matters relating to this Provider Agreement shall be the staff listed herein, unless otherwise specified in writing. The primary contact will notify all parties in writing of alternative contacts should that person become unavailable. 1. The name, address and telephone number of the Commission's Program Consultant to contact regarding programmatic issues, for the contract is: Ericka McKibbin, AmeriCorps Program Consultant 401 S. Monroe Street Tallahassee, FL 32301 (850) 414-7400 ericka(cr�,volunteerflorida.or� Item # 11 00245027-1 1 1 Attachment number 1 \nPage 1; 2012-2013 Program Year .� ' Cat Keen, Director of National Service Programs 401 South Monroe Street Tallahassee, Florida 32301 (850) 414-7400 cat@volunteerflorida. org 2. The name, address, and telephone number of the Commission's Financial contact for contract, compliance and budget issues for the contract is: Janis Timmons, Director of Finance and Accounting 401 South Monroe Street Tallahassee, FL 32301 (850) 414-7400 j anis(a�volunteerflorida.or� 3. The name, address, and telephone number of the Provider's Program Director is: Name: Title: Address: Phone: e-mail: 4. The name and mailing address of the Fiscal Contact for the Provider is: Name: Title: Address: Phone: e-mail: 5. The physical mailing address where financial and administrative records are maintained and the name and contact information of a Provider representative with access to the records maintain at this location Name: Title: Address: Phone: e-mail: 6. In the event that different representatives are designated by either party after execution of this contract, notice of the name, address and telephone number of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. Item # 11 0 0245 02 7-1 I Z Attachment number 1 \nPage 1; 2012-2013 Program Year L All Terms and Conditions Included. This Provider Agreement and its attachments as referenced below and incorporated herein contain all the terms and conditions agreed upon by the parties. Exhibit I- Approved AmeriCorps Proposal Exhibit II— Programmatic Requirements and Performance Measures Exhibit III — Approved Budget and Budget Narrative Exhibit IV — AmeriCorps Provisions Exhibit V— Budget Revision Request Form Exhibit VI — Contract Amendment Form Exhibit VII — Volunteer Florida Monthly Invoice Worksheet Exhibit VIII — National Criminal History Check Status Form IN WTTNESS THEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. PROVIDER Lead Agency Name Clearwater Police De�artment Signed by: Signature Name Title Date Provider Fiscal Year End Date: FEIN#: COMMISSION Signed by: Signature Chester W. Spellman Chief Executive Officer Date Item # 11 00245027-1 13 Attachment number 2 \nPage 1 PART I - FACE SHEET APPLICATION FOR FEDERAL ASSISTANCE 1.TYPEOFSUBMISSION: Modified Standard Form424 (Rev.02/07 to confirmto the Corporation's eGrants System) Application X� Non-Construction 2a. DATESUBMITTED TO CORPORATION 3. DATE RECEIVED BY STATE: STATEAPPLICATION IDENTIFIER: FOR NATIONAL AND COMMUNITY SERV ICE (CNCS): 14-SEP-12 2b. APPLICATION ID: 4. DATE RECEIVED BY FEDERAL AGENCY: FEDERAL IDENTIFIER: 12A C143199 12A FHFL0010012 5. A�LICATION INFORMATION LEGAL NAME: Clearw ater Police Department NAME AND CONTACT INFORMATION FOR PROJECT DIRECTOR OR OTHER PERSON TO BE CONTACTED ON MATTERS INVOLVING THIS APPLICATION (give DUNS NUMBER: 078307303 area codes): NAME: Karen Maldonado ADDRESS (give street address, city, state, zip code and county): 645 Pierce St TELEPFIONE NUMBER: (727) 562-4142 Clearw ater FL 33756 - 5400 FAX NUMBER: (727) 562-4466 County: INTERNET E-MAIL ADDRESS: karen.maldonado@myclearw ater.com 6. EMPLOY ER IDENTIFICATION NUMBER ( EIN): 7. TY PE OF A� ICA NT: 596000289 7a. Local Government - Municipal 7b. Law Enforcement Agency 8. TYPEOFA�ICATION (Check appropriate box). � NEW ❑ NEW/PREVIOUS GRANTEE � CONTINUATION �X AMENDMENT If Amendment, enter appropriate letter(s) in box(es): �� A. AUGMENTATION B. BUDGETREVISION C. NO COST EXTENSION D. OTHER (specify below): Supplemental Aw ard 9. NAME OF FEDERAL AGENCY: Corporation for National and Community Service 10a. CA TA LOG OF FEDERA L DOMESTIC ASSISTA NCE NUMBER: 94.006 11.a. DESCRIPTIV E TITL E OF A PPLICA NTS PROJECT: 10b. TITLE: AmeriCorps State AmeriCorps Clearwater 12. AREAS AFFECTED BY PROJECT (List Cities, Counties, States, etc): 11.b. CNCS PROGRAM INITIATIVE (IFANY): Clearw ater, Florida 13. PROPOSED PROJECT: START DATE: 01/02/13 END DATE: 12/20/13 14. CONGRESSIONAL DISTRICT OF: a.Applicant FL 009 b.Program FL 009 15. ESTIMATED FUNDING Year #: 1� 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. FEDERAL $ 168,124.00 ❑ YES. THIS PREA�LICATION/A�LICATION WAS MADEAVAILABLE b. APPLICANT $ 182,099.00 TO THESTATE IXECUTIVEORDER 12372 PROCESS FOR REV IEW ON: c. STATE $ 0.00 DATE: d. LOCAL $ 0.00 ❑X NO. PROGRAM IS NOTCOVERED BY E.O. 12372 e.OTHER $ 0.00 f. PROGRAM INCOME $ 0.00 17. IS THEAPPLICANT DELINQUENTON ANY FEDERAL DEBT? � YES if "Yes," attach an explanation. � NO g. TOTAL $ 350,223.00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BF�N DULY AUTHORIZED BY THE GOVERNING BODY OF THEAPPLICANTAND THEAPPLICANT WILL COMPLY WITH THEATTACHEDASSURANCES IF THEASSISTANCE IS A WA RDED. a.TYPEDNAMEOFAUTHORIZEDREPRESENTATIVE: b.TITLE: c.TELEPHONENUMBER: Karen Maldonado (727) 562-4142 d. SIGNATURE OF AUTHORIZED REPRESENTATIVE: e. DATE SIGNED: 09/14/12 Page 1 Attachment number 2 \nPage 2 For Official Use Only ��11�:��) For Official Use Only Page 2 Narratives F�cecutive Summary Attachment number 2 \nPage 3 AmeriCorps Clearwater is a January-December public safety program designed to offer members hands on experience as public servants, foster member social responsibility, educate the community on public safety issues and improve police responsiveness to the community by members performing non-hazardous public safety activities. Each of nine full-time program members will provide l,�oo hours annually and each of ten part-time members will provide 90o hours annually, resulting in 4�75o citizen calls responded to directly by AmeriCorps members, an additional 1,20o community policing activities performed by members and 25 public safety activities conducted by members to educate approximately 36o citizens on preventing childhood injuries. Rationale and Approach I. Program Design A. COMMUNITY NEED The Clearwater Police Department faces increasing pressure to fill a growing role in our community. Police work is not restricted to catching bad guys and investigating crimes. CPD prides themselves on providing a style of policing with face to face contact and personal relationships with their citizens. This develops strong community watch groups, increases their sense of safety and provides valuable public safety education to help prevent crime and decrease childhood injuries throughout the community. Over the past several years of economic hardship, including annual tax and budget cuts, the citizens of Clearwater have faught to maintain this relationship and list of services. Clearwater residents have repeatedly voted down attempts to dissolve the Clearwater Police Department and replace it with services from the Pinellas County Sheriffs Office. I[�'ii�:�iil For Official Use Only Page 3 Attachment number 2 \nPage 4 Narratives As a consequence of these same economic hardships, increased calls for service and department manpower shortages have caused excessive workloads and delayed response time to citizen calls for service. In 2011, the Clearwater Police Department received over 165,746 calls for service from our citizens. This is an increase of over 4,50o calls from the previous year and an increase of over 8,500 calls from just five years ago. Basically, CPD is receiving more calls with fewer officers to respond to them. The Community Liasion officers are also overloaded with requests for public safety education and community outreach activities. In 2011 they conducted 85 presentations, attended 60 community meetings and participated in 2o community events. This is an increase of l05 activities from their inception in 2010 when they participated in just 6o activities. We are only half way through 2012 and they have already participated in 6� activities with requests coming in from the community on a daily basis. Consequently, AmeriCorps members are a valuable resource that boosts manpower to allow the Clearwater Police Department to be more responsive to the community and increase public safety education. (Note: AmeriCorps members are trained to assist with basic needs and improve department responsiveness. They are not meant to replace sworn officers or other department staff. In the event of losing the AmeriCorps program, the department would replace this assistance by expanding its' current volunteer and internship programs.) B. MEMBER ROLES AND RESPONSIBILITIES AmeriCorps Clearwater focuses on; but does not limit to, recruiting students studying Criminal Justice or Public Safety Administration. This provides members with basic law enforcement knowledge and an interest to learn and achieve within the program. All members are provided extensive training in I[�'ii�:�iil For Official Use Only Page 4 Attachment number 2 \nPage 5 Narratives areas such as traffic control, police codes and radio usage, safe vehicle operation, CPR/First Aid, pawn slip entry, basic report writing and other law enforcement related subjects. This provides a young and active group of service providers ready to assist Clearwater citizens in all areas and possibly become permanent public servants post-AmeriCorps (sworn officer or other law enforcement personnel). AmeriCorps Clearwater will enroll 19 AmeriCorps members; 3-5 bilingual (Spanish) into service to supplement the crime prevention, public safety education and policing activities of the Clearwater Police Department. The program will offer 6 full-time member positions and lo half-time positions. Full-time members will serve 35-4o hours per week, and half-time members will serve 25-3o hours per week. All members will report to the Clearwater Police Department before they begin their shifts. Program activities are designed so that there is no "typical day" for an AmeriCorps Clearwater member which keeps their service experience fresh and motivating. On any given day, AmeriCorps Clearwater members may find themselves patrolling parks and school grounds, conducting homeland security spot checks, writing non-hazardous police reports, working traffic safety details, registering bicycles, conducting a public safety presentation or disseminating crime prevention information to the community. They may also be entering data into the crime analysis system, installing child passenger safety seats or translating a safety presentation into Spanish. Members will be assigned to the Clearwater Police Department, and one of two area high schools or middle school. School Resource Officers are staffed at each of the high schools and middle school and serve as the members' site supervisor, monitoring and verifying service activities, hours and assignments. The program director is the supervisor at the Clearwater Police Department, monitoring and verifying activities, service hours and completion of assignments. It is the responsibility of the I[�'ii�:�iil For Official Use Only Page 5 Attachment number 2 \nPage 6 Narratives program director to verify member service hours through contact with the school resource officers, community agencies and patrol officers with whom the members serve. C. MEMBER SELECTION, TRAINING, SUPERVISION & EXPERIENCE 1. Member Recruitment Program staff will recruit 9 Full-Time (l�oo hour) and lo Half-Time (90o hour) members into service. We intend to aquire 3-5 bilingual (Spanish) members per program year. AmeriCorps members will receive a living allowance and an education award upon completion of the program. While recruitment is a year-long process, concentrated efforts start in late September for members starting in January, and in early April for members starting in June. Our target population are high school graduates with an interest in law enforcement. New members are recruited primarily from local colleges, universities, local high school seniors and referrals from police department staff. These individuals are more likely to bring an understanding of public safety to their service, benefit from the experience developmentally and complete their education by using the AmeriCorps education award. College recruitment focuses schools with Criminal Justice and Public Safety Administration programs. The program director will meet with counselors and academic advisors prior to the fall semester start to disseminate program information and engage their assistance in identifying candidates. Program staff will distribute program brochures and posters throughout the community and job, internship and service fairs. The Clearwater Police Department will also assist through postings in newsletters, the city listserv and referrals from police officers. Recruitment efforts will also be made through print and social media. Personal contacts with community residents will be used, and members themselves, while not formally engaged in recruitment, will be encouraged to refer prospective candidates. I[�'ii�:�iil For Official Use Only Page 6 Attachment number 2 \nPage 7 Narratives Minimum member qualifications and essential skills and abilities are detailed in the AmeriCorps Clearwater Member Position Description and shared with each candidate prior to application. Because members must serve in a law enforcement environment, candidates must meet the requirements of law enforcement applicants. They are required to undergo an extensive background screening, National sex offender check and a criminal history check. All applicants undergo an extensive interview with a board of three individuals. The board consists of the program director, Sgt. of the Special Operations Division, and one AmeriCorps team leader. Interview topics consist of teamwork, ethics, motivation to serve, scenarios, accomplishments, challenges and perception of law enforcement. Applicants are also encouraged to spend a half-day serving with the team leaders to ensure they understand the nature of the program. This allows the applicant to see the program first hand and gives the team leaders a better understanding of the potential member. AmeriCorps Clearwater is proud to seek a diverse corps, including members with disabilities to ensure their future participation. To identify candidates, the program reaches out to entities that specifically serve the disabled population such as the Florida Department of Education Office of Vocational Rehabilitation Services, Service Source, Inc- Pinellas County High School High Tech and the St. Petersburg College Office of Services to Students with Disabilities. As a program of the City of Clearwater, AmeriCorps Clearwater is committed to the inclusion of qualified persons with disabilities in the provision of its services and to removing any barriers that would prohibit it. The City of Clearwater Equity Services Department promotes the dignity and worth of all people, as well as facilitating the City ADA Advisory Committee objectives regarding accessibility issues with respect to City-owned buildings and facilities. When reasonable accommodations are needed, AmeriCorps Clearwater can use Equity Services to secure them. I[�'ii�:�iil For Official Use Only Page 7 Narratives 2. Member Development and Training Attachment number 2 \nPage 8 Members will begin AmeriCorps Clearwater with two-weeks of orientation and pre-service training starting the first week of January and for June start members orientation begins the first week of June. Training topics include AmeriCorps lol, department policies and procedures, team building, Citizenship, member development, safety protocols, safe vehicle operation, traffic control, police codes and radio training, ACISS report writing, pawn slip entry and many others. At the end of the program orientation, members are given their assignments and shift schedules which are revised on a monthly basis. Members are also introduced to target neighborhoods, community partners and given a tour of Clearwater. Members will gather on a monthly basis for additional trainings such as Intro to Disaster, Diversity, CPR and other required trainings. Member meetings are held once a month, in which members and staff reflect on service experiences, plan future service projects and engage in team- building activities. S�teen AmeriCorps members will have various opportunities to be mentored by police staff. They are required to complete three ride-alongs or shadowing experiences before the end of the program year, which may include riding with a patrol officer, attending a K9 unit training, shadowing in the Communication Center (dispatch), riding with a CSI technician and other opportunities. Four members belong to our Beach Anti Crime Team and have weekly shifts where they work directly with officers in this division. Most members will serve at a local school and receive mentoring from one of three School Resource Officers. All members have regular contact with the Special Operations Sergeant and other CPD staff inembers. 3. Supervision For Official Use Only Page 8 I[�'ii�:�iil Attachment number 2 \nPage 9 Narratives To ensure adequate support and supervision, the program director implements a structured service environment. The program director monitors and verifies service activities on a daily basis, and members are expected to maintain on-going communication with the program director while they are out on assignment. In addition, the program director performs monthly site visits at the schools, and attends all trainings, service projects and teambuilding activities to provide necessary support and guidance. In addition to the program director, members may be supervised by various Clearwater Police officers or other personnel assigned to their duty service site. Examples include the School Resource Officers, the Sergeant assigned to the Beach Anti-Crime Team and non-sworn staff in the crime analysis unit and at the main station front desk. These additional supervisors are provided with an initial program overview and site expectations to start the year and kept up to date with weekly newsletters and ongoing contact with the program director. 4. Experience We anticipate that most of our members will pursue a career in law enforcment. We have designed AmeriCorps Clearwater to provide them with unique professional development opportunities. Specialized sections of the police department provide trainings to the members on a regular basis and members are given the opportunity to complete ride alongs, participate in police training sessions, attend field trips to other law enforcement agencies and hear speakers on various industry topics. Members wear police issued uniforms, are trained on and utilize police issued radios and patrol in police marked vehicles. This experience is a unique, hands on opportunity for them to see police work and gain community interaction from the front lines. Members receive training and assist with non- I[�'ii�:�iil For Official Use Only Page 9 Attachment number 2 \nPage 1i Narratives hazardous activities such as traffic direction, disabled vehicle assists and basic patrol duties in local parks, beaches and neighborhoods. They maintain direct citizen contact in all areas of their job including tutoring, service project participation and public safety events and education presentations. AmeriCorps Clearwater recognizes the importance of building solid relationships among members of the Corps and promoting team unity. Members are continuously involved in teambuilding activities and service projects to bring them together. One of the activities the program provides is a member retreat, which involves a day of team building at a local ropes course along with lunch and reflection. From experience, team unity and esprit de corps is a significant piece to member retention. The program seeks to provide various trainings and growth opportunities to the members to keep them involved, motivated and committed to the program. 5. Identifying with AmeriCorps and Embracing Civic Responsibility Members showcase the AmeriCorps brand on a daily basis. Uniforms are worn at all times during service and include police collared shirts with the AmeriCorps patch highly visible over the left breast pocket, AmeriCorps t-shirts worn during service projects and community activities and other branded gear provided as part of their program experience. These items are on constant display to the public and daily contact with citizens prompts many conversations about AmeriCorps. Members are encouraged to promote the program and share their experiences to spread the word about AmeriCorps and our community outreach. Depending on their term of service and performance, members may also possess personal AmeriCorps gear given as gifts or awards. These items may include logo backpacks, sweatshirts, jackets, reusable water bottles, lanyards, bumper stickers and more. These items are used in their personal lives and also prompt them to speak about their AmeriCorps experience. For Official Use Only Page 10 I[�'ii�:�iil Attachment number 2 \nPage 1 Narratives Outside of displaying the AmeriCorps emblem, identification with AmeriCorps and service ethics is stressed throughout the program year. On the first day of orientation, the history and expectations of national service are discussed in detail inlcuding introduction to Volunteer Florida, AmeriCorps and CNCS. Orientation concludes with our Corps' participation in MLK Day of Service activities; conducted with our friends at AmeriCorps Hillsborough Reads and Senior Corp, to emphasize to each member that they are a part of an important national movement. From this point forward, all members complete weekly activities that directly serve citizens in collaboration with community agencies and participate in various community service and training activities with other local AmeriCorps programs. Beyond this, members are encouraged to participate in various group service projects, volunteer outside of their AmeriCorps duties and recruit friends and family to volunteer with them. Members are also encouraged to reflect upon their service through "Experience Journals" collected bi- weekly with their timesheets and read and reflected on by the program director. Various reflection exercises will be performed after each service project and periodically throughout the year during monthly team meetings and team building activities. A wrap up reflection piece involving the "Experience Journals" will also be performed to close out the year at the final team meeting in December. Members will also be expected to exemplify active citizenship in our community. Citizenship training is also conducted early on in orientation and reviewed several times throughout the year to promote voting, volunteerism and their role as public servants. AmeriCorps Clearwater expects members to arm themselves with knowledge about the assets of our communities. To accomplish program I[�'ii�:�iil For Official Use Only Page 11 Attachment number 2 \nPage 1; Narratives objectives, members must work with city residents and community groups to plan projects and events that address community needs. They will be called upon to inspire community residents to service. The motivation and recruitment of community volunteers is a program performance measure in its own right. Through training and interaction with residents, AmeriCorps members will not only better understand the issues facing our communities, but also apply their knowledge to address community needs D. OUTCOMES: PERFORMANCE MEASURES The program will measure outcomes of proposed activities by following systems in place as it relates to the performance measures. During the 2013 program year the following performance measures and their outcomes will be targeted. 1. Child Safety Education Members will educate at least 36o citizens on preventing childhood injuries. These presentations and activities will take place at least twice per month and concentrate on preventing childhood injuries through bicycle and pedestrian, child passenger, water and other related safety topics. To accomplish this objective members will: 1) participate in safety presentations and events with SafeKids Coaliton professionals and CPD Community Liaison officers, 2) conduct bicycle rodeos and helmet fittings with All Children's Hospital Safe Routes to School staff and 3) perform safety checks and educate the community on Child Passenger Safety. 2. Increased Community Safety For Official Use Only Page 12 I[�'ii�:�iil Attachment number 2 \nPage 1; Narratives Members will improve community safety by assisting in the execution of non-hazardous activities including safety education on preventing childhood injuries, city patrols, data entry of pawn slips to determine crime patterns and assist in stolen property recovery, assistiance in our local high and middle schools, customer service at the main station front desk, basic report writing and responding to non-hazardous citizen calls for service. To accomplish this objective members will: 1) assist sworn officers with at least 4,75o citizen calls for service such as disabled vehicles, traffic accidents, traffic direction assistance, lost/found property and 2) perform 1,20o additional community safety activities such as pawn slip entry, basic report writing, front desk customer service, assisting school resource officers and closing community parks. 3. Volunteer Recruitment Members will promote community strengthening by recruiting 6o citizens to serve 20o hours of service as volunteers during AmeriCorps service projects and community policing events. Volunteers may serve one time or on a continual basis. AmeriCorps Clearwater strives to see recruited volunteers join the Clearwater Police Volunteer Program and serve on a regular basis or even apply to become future AmeriCorps members. To accomplish this objective: 1) each member will be required to recruit at least three volunteers throughout the program year, 2) volunteers will serve alongside AmeriCorps members and assist with community events, service projects and public safety presentations. Volunteers will be required to fill out the sign-in log at each activity. This log will be created and maintained by the program director and will reflect the volunteer name, activity date, time in and out, total hours served and activities performed. The data will be collected and analyzed byt he program director on a monthly basis to I[�'ii�:�iil For Official Use Only Page 13 Narratives ensure targets have been accomplished. F. THE BIG PICTURE Attachment number 2 \nPage 1� AmeriCorps Clearwater has a strong plan to meet the needs in our community. As representatives of the Clearwater Police Department, members perform non-hazardous duties including park and neighborhood patrol, public safety education, traffic direction and enter pawn slips. All of these services help to improve police responsiveness to the community, which has been delayed due to manpower shortages. Another important impact the program has on the community is by increasing the availability of public safety education to citizens through member participation in presentations and safety related activities such as bicycle rodeos and safety fairs. In addition, the AmeriCorps Clearwater program increases the pool and number of well-qualified police officers by training and preparing members for future careers. To date, 20-25 AmeriCorps Clearwater alums are serving as police officers in agencies throughout Florida, 18 of which are officers at the Clearwater Police Department and one is an FBI agent. The big picture is the strengthening of the Clearwater community through a stronger and more responsive police department, increased public safety information and services to all residents (Spanish and English speaking) and the cultivation of strong, skilled public servants (our members) that will continue to serve their community throughout their lives. Organizational Capability II. Organizational Capability For Official Use Only Page 14 I[�'ii�:�iil Attachment number 2 \nPage 1; Narratives A. ORGANIZATIONAL BACKGROUND AND STAFFING 1. History and Staffing The Clearwater Police Department was established in 1916 and their mission is to strive to consistently provide impartial, professional, community-oriented police services, delivered by courteous, competent, dedicated employees, resulting in an enhanced quality of life for their citizens and the enrichment of their valued employees. Today, the police department employs 362 people, including 231 sworn Police Officers who provide patrol, law enforcement, crime prevention and other law enforcement-related services to the residents of Clearwater. Key staff positions for the program include the AmeriCorps Clearwater program director (grant funded), the Clearwater Lieutenant and Sergeant of Special Operations (not grant- funded), and the Senior Accountant (not grant-funded). The Lieutenant oversees the AmeriCorps grant and approves all program expenditures. The Sergeant of Special Operations is the direct supervisor to the AmeriCorps program director. He provides general administrative support and guidance, and acts as the link between the AmeriCorps program and the police department. The AmeriCorps program director is the primary contact and devotes l00% of her time to the daily administration of the AmeriCorps Clearwater program, program planning, operational and budget management, assessment, reporting, and assignment and supervision of inembers. The Senior Accountant is the secondary contact and provides on-site fiscal support to the program, as well as working closely with the program director to ensure financial reports are submitted in an accurate and timely fashion. The Lieutenant and Sergeant of Special Operations, and the Senior Accountant bring a wealth of more than 2o years of law enforcement experience and more than lo years in grant management to benefit the AmeriCorps Clearwater program. I[�'ii�:�iil For Official Use Only Page 15 Narratives 2. Organization Experience Attachment number 2 \nPage 1i Clearwater Police Department has successfully overseen the AmeriCorps Clearwater program since 2005. The AmeriCorps program is an important component of the department and CPD has historically matched, and some years exceeded, CNCS funding. In addition to AmeriCorps, they have overseen similar programs such as their former cadet program, other specialized grant programs, internship programs and their current volunteer program. The department has many accomplishments over the years. Most recent, and involving two 2012 bilingual AmeriCorps members, the Vera Institute in NYC will highlight the Hispanic Outreach Center Program and the Human Trafficking Initiative in their 2012 annual report for best practices relating to immigrant relations. The Chief of Police has mentioned on numerous occasions; to program staff, the CEO of Volunteer Florida and the public, the importance of AmeriCorps Clearwater to the department. He is a strong supporter and feels the program adds great value to the department in regards to the services they provide and the potential law enforcement personnel developed in members. The AmeriCorps members are an extension of the police officers and the department depends on them to assist citizens and meet community needs. 3. Success in Securing Match Resources: Clearwater Police Department has made a commitment to the program next year and beyond, already setting aside funds for future program years. The senior accountant provides on-site fiscal support to the program, as well as working closely with the program director to ensure financial reports are submitted in an accurate and timely fashion. Overall, the police department is committed to providing resources and support to ensure the program runs smoothly and effectively. I[�'ii�:�iil For Official Use Only Page 16 Attachment number 2 \nPage 1 Narratives AmeriCorps Clearwater has been funded since 2005 at an average rate of $149,00o per program year, over the past five years. The organization match averages 53% of program costs over this time period and is set to remain in that range at 52% match for 2013. The AmeriCorps Clearwater program has averaged approximately 9% of the total Clearwater Police Department operating budget over the same five year period and with a projected budget of $35.� million for 2012-2013, is slated to cover the same 9% in 2013. As evident in our budget narrative, AmeriCorps Clearwater has secured a total cash match of $105,654 from the Clearwater Police Department for 2013. These funds come from the Special Law Enforcement Trust Fund, which is composed of property and cash seized by the police and available for use only to programs and activities related to drug and crime prevention, safe neighborhoods and school resource officers, which AmeriCorps participates in all. Cash match funds are applied to program director salary and member costs. In addition, in-kind commitments equal $�6,445 of the total program budget. These are detailed on the budget narrative and include, administrative oversight, office space for program staff and members, equipment, vehicle use for program operations, member uniform materials and instructor/trainer time. 4. Success in Securing Community Support Solving problems through partnerships is the fundamental principle of policing and it was a commitment to this approach that led to the creation of AmeriCorps Clearwater. Most program success can be credited to the excellent partnership AmeriCorps Clearwater has engendered with both the police department and a multitude of other community and city groups. Community partners consist of a variety of public and private secular and faith-based service organizations. These include I[�'ii�:�iil For Official Use Only Page 17 Attachment number 2 \nPage 1� Narratives organizations such as Florida Suncoast SafeKids Coalition, Pinellas County Schools, Service Source, Inc., RSVP, Keep Pinellas Beautiful, Operation Graduate, Hispanic Outreach Center and Religious Community Services (RCS) . All community partners are chosen based upon the fit of the agency mission to that of AmeriCorps Clearwater, and ability to serve and access target populations in the community. In addition to serving as collaborators on service projects and in the planning of community events, community agencies occasionally supervise members, contribute feedback for program evaluation purposes, help in the recruitment of future members and volunteers and help AmeriCorps stay focused in on community priorities. 5. Program History of Success The AmeriCorps Clearwater program is a vital player in the Clearwater Police Deparment. In 2011, AmeriCorps saved $615,194 of police officer time or 20,418 hours. In the first quarter of 2012, AmeriCorps has saved a total of $136,320 of police officer time or 4,524 hours. This actually equates to achievement of half of our target in only a fourth of the year. The time and funds saved help boost manpower and resources to respond faster and more frequently to citizen calls for service and requests for education. AmeriCorps Clearwater has celebrated many additional accomplishments, evident in the program's monthly, quarterly and annual progress reports to its state commission. It has reliably achieved and frequently surpassed it's program performance measures and has received local, state and even national recognition for its efforts. In 2011, AmeriCorps Clearwater was chosen to host an important meeting and presentation with former CEO Wendy Spencer and a representative from Cognressman Bill Young's office. Most recently, AmeriCorps members were spotted on duty during Spring Break 2012 and impressed a local reporter enough to feature the program in our regional Tampa Bay Times I[�'ii�:�iil For Official Use Only Page 18 Attachment number 2 \nPage 1! Narratives publication. They made the front page of our county section and the program received many positive follow up calls, interested recruits and proud staff and citizen comments from the experience. B. SUSTAINABILITY AmeriCorps Clearwater staff and a new sustainability committee, which will be formed and meet in the summer of 2012, will work on a plan that will incorporate the existing Clearwater Police Volunteer program and an enhanced student internship program into the Clearwater Police Department. Volunteers and student interns perform similar tasks as the AmeriCorps members, including pawn slip entry, neighborhood patrols, public safety presentations and community service projects. Students will gain college credit and volunteers and students will gain valuable experience in law enforcement and public safety. In turn, sustaining AmeriCorps services to the community. The Clearwater Police Volunteer Program was formally established in 1997 as a logical outgrowth of the Department's community policing strategy. One of the strongest elements of that strategy is the strong ties that have been established between police and the community. In reaching out to the community over the years, the Clearwater Police Department came to realize that any successful community policing/crime prevention program would have to include the active participation of Clearwater's citizens. While the department had utilized civilian volunteers on an informal basis in the past, it was in 1997 that the idea of establishing a formal Volunteer Program to supplement the existing staff finally became a reality. Currently, the program has 52 volunteers enrolled that individually serve on average 12 hours per week. The program is registered as a Volunteers in Police Service (VI PS) program under the USA I[�'ii�:�iil For Official Use Only Page 19 Attachment number 2 \nPage 2i Narratives Freedom Corps. To ensure a diverse volunteer group, volunteers are recruited via word of mouth, various media and volunteer fairs. They attend an extensive week long orientation and training, and are provided with on-going training throughout the year. The volunteers augment sworn officers in non-hazardous situations such as parking enforcement, bicycle registrations, business emergency contact records, minor traffic crashes and much more. The police department looks for civic-minded citizens who are willing to volunteer their time to improve the quality of life in the community. The Clearwater Police Department is currently experimenting with various interns from both the high school and college level. Within driving distance to our city there are at least three schools with Criminal Justice and/or Public Safety Administration programs. These include the University of South Florida (Tampa and St. Petersburg campuses), the University of Tampa and St Petersburg College. Pinellas County Schools also sponsors a Criminal Justice magnet program at Pinellas Park High School where seniors are rotated into internship spots during two semesters per year. Interns are unpaid, but receive school credit and valuable law enforcement insight and experience. They also serve with AmeriCorps members to expose them to the program for recruiting purposes. Interns currently serve 4-lo hours per week in shadowing sessions, but hours, training and duties can be increased as needed. C. COMPLIANCE AND ACCOUNTABILITY AmeriCorps Clearwater strives to maintain absolute compliance with federal and state requirements. During a recent desk audit for the 2011 program year a question arose regarding National Criminal History checks. All questions were satisfactorily answered and no compliance issue was found. I[�'ii�:�iil For Official Use Only Page 20 Attachment number 2 \nPage 2 Narratives Currently, the program director (the primary grant contact) and senior accountant (the secondary grant contact) work together to insure compliance is met and all issues corrected in an efficient and effective manner. The program director and senior account meet regularly with divsion supervisors and upper management to provide progress reports and to discuss progress towards achieving performance measures. To ensure continuous program improvement, the program currently distributes an annual stakeholder survey to lead agency staff inembers, program partners and community organizations come into comtact with members. The program director and Lieutenant review the survey results, and once the results have been analyzed, the findings are then shared with department staff, community partners, and the AmeriCorps members. In 2010, 94 % of community stakeholders strongly agreed or agreed that the AmeriCorps Clearwater program has made important contributions to making the Clearwater community safer. The feedback we collect from the surveys provide valuable data for future planning and monitoring of the program in order to provide the best services to the citizens of Clearwater. AmeriCorps Clearwater is in complete compliance with the Florida Statewide Evaluation. The program director and all community partners have completed the required surveys. AmeriCorps Clearwater fully supports the Statewide Evaluation and will continue to participate when requested to do so. D. RECENT PROGRAM OUTCOMES 1. Enrollment and Retention During the 2010-2011 period, the program ended the year with a l00% enrollment rate and an 89% retention rate. Out of 18 slots, two members voluntarily left the program early due to personal I[�'ii�:�iil For Official Use Only Page 21 Narratives reasons. Attachment number 2 \nPage 2; At the close of recruitment for the 2011-2012 period, five members elected were chosen to continue the program and ten new members were added. Currently, the 2012 program has 13 active members. Unfortunately, one member exited early for personal reasons and another was let go due to attendance issues. This puts the program at a �8% enrollment rate and a retention rate of 8�%. The program is currently recruiting 4 half-time members to begin their service on June 19, 2012, which will put the program at a l00% enrollment rate. During 2013 the program intends to strive for l00% retention by requiring a pre-orientation ride along with AmeriCorps members to ensure that applicants understand exactly what they are getting involved in and stronger interview questions to focus on applicant availability and understanding of expectations. The program will also strive to increase team building activities to strengthen bonds and the feeling of responsibility toward the program and team as a whole. 2.Performance Targets and Demonstrated Compliance In 2oli, AmeriCorps saved $615,194 of police officer time or 20,418 hours. The program also recruited �8 community volunteers who completed 413 hours of service. These figures greatly exceeded all performance targets set. In the first quarter of 2012, AmeriCorps has saved a total of $136,320 of police officer time or 4,524 hours. So far, members have recruited 25 community volunteers who completed 99 hours of service. This actually equates to achievement of half of our performance targets in only a fourth of the year. We have altered our performance targets for 2013 in order to raise the bar, challenge the members and continue program growth. Cost Effectiveness and Budget Adequacy For Official Use Only Page 22 I[�'ii�:�iil Attachment number 2 \nPage 2: Narratives I I I. Cost Effectiveness and Budget Adequacy a) Efficiency: AmeriCorps Clearwater enjoys solid financial support from its primary partner at levels that are in excess of the federal matching requirements for the program. The proposed program services are to increase police responsiveness to the community and provide public safety education activities to community members that the City would not be able to provide otherwise. The amount of money AmeriCorps Clearwater saves the Department is over $400,00o per year and continues to increase over time. The program is also cost-effective as it relates to the program budget. Since the police department provides unlimited in-kind resources to the members and the program, the cost per MSY is extremely cost-effective, and the program has the ability to operate a less costly budget. The proposed cost per MSY equals $12,009 for the program year. A new sworn officer costs the department approximately $75,00o for the year, which is $61,�0o more than a full time AmeriCorps member. The Clearwater Police Department does not have the budget to spend $825,00o to hire 11 new officers, but can easily handle their cash match of $105,654 for 14 MSY through AmeriCorps. The AmeriCorps members by no means replace the missing officers, but they allow the existing staff to maximize their resources and increase responsiveness to the community. The cash match of $105,654 is a mere o.23% of the CPD overall budget making it extremely cost effective for the organization. These funds come from the Special Law Enforcement Trust Fund which is composed of seized property and cash and can only be spent on programs related to crime and drug prevention, safe neighborhoods and school resource officers. The program is also very cost effective for the CNCS as the Clearwater Police Department historically I[�'ii�:�iil For Official Use Only Page 23 Attachment number 2 \nPage 2� Narratives matches or exceeds the Corporation's funding. In 2011 CPD funded the program at 48% and is slated to cover 52% in 2012. This leverages federal funds and doubles it's value and effectiveness turning $182,099 into a $350,223 program. b) Diversity of Non-Federal Support AmeriCorps Clearwater has secured non-Corporation resource commitment both in-kind and cash match dollars from the Clearwater Police Department. CPD offers access to valuable in-kind resources such as City vehicles (marked police trucks, City gas and repair facilities), City employee training (vehicle operation, CPR/First Aid, report writing and traffic control), uniforms, communication equipment and office computers accessible to members. In-kind assistance equals a value of $�6,445• Additional outside in-kind resources include the American Red Cross who provides member Disaster Relief training and Volunteer Florida who provides Disability Awareness training. c) Decreased Reliance on Federal Support: It is the police departments' intent to replicate the AmeriCorps program in the absence of federal support by creating a program utilizing volunteers and student interns who will provide AmeriCorps like services to the community. However, it is unlikely that the police departments' resources will cover the full costs of inember stipends, child care and education award. AmeriCorps Clearwater and its community partners are scheduled to meet in the summer of 2012 to begin implementation of a solid sustainability plan, utilizing non-federal funds. d) Budget Adequacy AmeriCorps Clearwater has proposed a cost-effective and well-established budget for the 2013 program year. The program successfully implements its budget and continues to allocate dollars I[�'ii�:�iil For Official Use Only Page 24 Attachment number 2 \nPage 2: Narratives without over usage of federal or local funds. Budget allocations are aligned to support the program design and member activities. With the lead agency's support, the program is able to provide a sufficient budget that is monitored and implemented correctly. Evaluation Summary or Plan Clearwater will continue to participate in the Florida Statewide Evaluation conducted by Florida State University which includes responding to online surveys twice per year and assuring participation by our community partners. Amendment Justification Supplemental funding and additional MSY has been approved - Clearwater will hire 3 additional Full Time members. Clarification Summary N/A Continuation Changes N/A For Official Use Only Page 25 I[�'ii�:�iil PerFormance Measures Grant Characteristics 0 AmeriCorps Member Population - Corr�nunities of Color 0 AmeriCorps Member Population - Low-income Individuals ❑ AmeriCorps Member Population - Native Americans ❑ AmeriCorps Member Population - New Americans ❑ AmeriCorps Member Population - Older Americans ❑ AmeriCorps Member Population - People w ith Disabilities ❑ AmeriCorps Member Population - Rural Residents 0 AmeriCorps Member Population - Veterans, Active Military, or their Families ❑ AmeriCorps Member Population - None of the above ❑ Geographic Focus - Rural 0 Geographic Focus - Urban ❑ Encore Program Focus Areas ❑ Capacity Building Selected for National Measure ❑ Education Selected for National Measure ❑ Healthy Futures Selected for National Measure ❑ Environmental Stew ardship Selected for National Measure ❑ Veterans and Military Families Selected for National Measure ❑ Economic Opportunity Selected for National Measure 0 Other Selected for National Measure ❑ Disaster Services Selected for National Measure ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Grand Total of all MSYs entered for all Focus Areas Service Categories Community Policing/Community Patrol None of the Above/Other Focus Area: Other m Primary 0 � Service Category: Community Policing/Community Patrol For Official Use Only Page 26 Attachment number 2 \nPage 2i Secondary ❑ Secondary 0 I[�'ii�:�iil Attachment number 2 \nPage 2 Measure Category:Not Applicable 5trategy to Achieve Results Briefly describe how you will achieve this result (Max 4,000 chars.) Members will be assigned to work with local SafeKids Coalition professionals and Community Liaison officers to create public safety presentations and educational activities and present them in various public forums. Subject areas will include child passenger safety, bicycle and pedestrian safety, water and pool safety and other information to educate on child injury prevention. Target audiences will include school children, parents, teachers and caregivers; including offerings in Spanish to our large Hispanic population. Result: Output Members will offer child injury prevention education to at least 36o citizens, an average of twice per month, including bicycle and pedestrian, child passenger seat and water safety. Indicator: Number of citizens receiving education regarding preventing childhood injuries Target: 360 citizens w ill be educated on preventing childhood injuries Target Value: 360 Instruments: Sign in/Attendance sheets at each presentation and event PM Statement: Members w ill offer child injury prevention education to at least 360 citizens, an average of tw ice per month, as measured by activity sign in and attendance sheets. Prev. Yrs. Data: Result: Intermediate Outcome 75% of participating citizens will report that they gained valuable knowledge on how to prevent childhood injuries. Indicator: percent of participants w ho gained know ledge on preventing childhood injuries Target: 75% of participants w ill gain know ledge on preventing childhood injuries Target Value: 75% Instruments: post activity surveys PM Statement: 75% of participating citizens w ill report having gained know ledge on preventing childhood injuries as measured by participant surveys conducted after each presentation or event. Prev. Yrs. Data: Focus Area: Other Service Category: Community Policing/Community Patrol Measure Category:Needs and Service Activities Strategy to Achieve Results Item # 11 For Official Use Only Page 27 Attachment number 2 \nPage 2� Briefly describe how you will achieve this result (Max 4,000 chars.) Members will improve community safety through assisting with non-hazardous activities including safety education on preventing childhood injuries, city patrols, data entry of pawn slips to determine crime patterns and assist in stolen property recovery, assistiance in our local high and middle schools, customer service at the main station front desk, basic report writing and responding to non- hazardous citizen calls for service. Result: Output Members will complete at least 1,20o additional community safety activities including pawn slip entry to determine crime patterns and return stolen property, main station front desk assistance with direct citizen contact, basic report writing, assisting SROs in local schools and closing community parks. Indicator: number of additional corr�rxanity safety activities completed by members Target: 1,200 additional corr�rxanity safety activities completed by members Target Value: 1200 Instruments: Certification statements subrritted by affected department divisions and member timesheets PM Statement: Members w ill complete at least 1,200 additional corr�nunity safety activities as measured by certification statements and member timesheets. Prev. Yrs. Data: Result: Output Members will improve community safety through assisting sworn officers to respond to at least 4�75o non-hazardous citizen calls for service which may include disabled vehicles, traffic accidents, traffic light malfunctions, lost and found property and other reported incidents. Indicator: number of calls members assist w ith Target: 4,750 calls members assist w ith Target Value: 4750 Instruments: ��nication Center statistical reports PM Statement: Members w ill directly assist w ith at least 4,750 non-hazardous citizen calls for service w hich w ill improve corr�nunity safety as measured by Corr�nunication Center statistical reports. Prev. Yrs. Data: Result: Intermediate Outcome Members will respond to 4,75o non-hazardous calls for service that will result in 90% of the calls closed and citizen needs met. Indicator: percentage of citizen calls for service responded to by AmeriCorps closed Target: 90% of of citizen calls for service responded to by AmeriCorps w ill be closed Target Value: 90% For Official Use Only Page 28 I[�'ii�:�iil Attachment number 2 \nPage 2! Result: Intermediate Outcome Instruments: ��nication Center data reports PM Statement: Members w ill respond to 4,750 non-hazardous calls for service that w ill result in 90% of the calls closed and citizen needs met as measured by communication center data reports. Prev. Yrs. Data: Focus Area: Other Service Category: None ofthe Above/Other Measure Category:Strengthening Communities 5trategy to Ac�ie�e �Results Briefly describe how you will achieve this result (Max 4,000 chars.) Members will support the Clearwater Police Department's efforts to promote community strengthening by recruiting 6o individuals to serve as volunteers in AmeriCorps, Service Events and community policing activities. Result: Output After one year, 6o recruited volunteers will provide 24o hours of service. Indicator: number of volunteer hours Target: 240 volunteer hours Target Value: 240 Instruments: spreadsheet, event sign in sheets PM Statement: After one year, 60 member recruited volunteers w ill serve 240 hours w hile assisting w ith various AmeriCorps, corr�nunity service and public safety related activities as measured by event sign in sheets and a spreadsheet compiling all data fromthese sheets. Prev. Yrs. Data: Result: Output After one year, 19 members will recruit 6o volunteers to to assist with various AmeriCorps, community service and public safety related activities. Indicator: Number of volunteers recruited Target: 60 volunteers Target Value: 60 Instruments: spreadsheet, event sign in sheets PM Statement: After one year, 19 members w ill recruit a rrinimum of 60 volunteers from the local corr�rxanity to assist w ith various AmeriCorps, community service and public safety related activities as measured by event sign in sheets and spreadsheets compiling all data collected fromthese sheets. Prev. Yrs. Data: For Official Use Only Page 29 I[�'ii�:�iil Document Name Required Documents For Official Use Only Page 30 Status Attachment number 2 \nPage 3i I[�'ii�:�iil Attachment number 3 \nPage 1 Exhibit II 2012-2013 Program Year Exhibit II AmeriCorps Programmatic Requirements Provider Name: City of Clearwater Police Department AmeriCorps Program Name: AmeriCorps Clearwater I. Program Performance Measures A. Child Safetv Education (Outnut): Members will offer child injury prevention education to at least 360 citizens, an average of twice per month as measured by activity sign-in and attendance sheets. Target: 360 B. Child Safetv Education (Intermediate): 75% of participating citizens will report having gained knowledge on preventing childhood injuries as measured by participant surveys conducted after each presentation or event. Target: 75 C. Improved Communitv Safetv (Output): Members will directly assist with at least 4,750 non-hazardous citizen calls for service which will improve community safety as measured by Communication Center statistical reports. Target: 4,750 D. Improved Communitv Safetv (Intermediate): Members wi11 respond to 4,750 non-hazardous calls for service that will result in 90% of the calls closed and citizen needs met as measured by communication center data reports. Target: 90 E. Improved Communitv Safetv (Output): Members will complete at least 1,200 additional community safety activities as measured by certification statements and member timesheets. Target: 1,200 F. Volunteer Recruitment (Outnut): After one year, 16 members wi11 recruit 60 volunteers from the local community to serve 240 volunteer hours to assist with various community service and public safety related activities as measured by event sign-in sheets and spreadsheets compiling all data collected from these sheets. Target: 60, Target: 240 II. Staff Recruitment and Responsibilities A. Staff positions, duties, responsibilities and the number of staff working in this program may be revised if requested in writing by the provider and approved in writing by the Commission, provided such revisions do not exceed original budgeted amounts for staff. The Provider will hire and maintain 1.0 FTE Program Director to be responsible for the overall management of the program. Please note that 1 FTE program director is required for programs that have 10 or more members. B. The Provider will hire and maintain .05 FTE Lieutenant to be responsible for supervision of Program Director. C. The Provider will hire and maintain .20 FTE Sergeant to be responsible for supervision of Program Director. D. In the event of a change of staff, the Provider agrees to provide new staff with a program operation manual and/or policies and procedures for the AmeriCorps program. The Provider agrees to notify the Commission in writing or via e-mail within ten (10) working days of any program staff vacancies funded by this grant. IIL AmeriCorps Member Recruitment and Responsibilities Item #111 Attachment number 3 \nPage 2 Exhibit II 2012-2013 Program Year A. Recruit nine (9) AmeriCorps Members into full time service, ten (10) AmeriCorps Members into half time service within 60 days of implementation of this contract. Members will be provided with a living allowance in accordance with the AmeriCorps Provisions (Attachment IV). Members will provide direct service in areas outlined in the approved proposal (Attachment �. B. The Provider agrees to develop and enter into signed agreement with each Member using an AmeriCorps Member Contract in compliance with the AmeriCorps Provisions. C. The Provider agrees to implement the program's Commission approved Disability Community Development Plan to recruit persons with disabilities into the program. D. The Provider agrees to establish and maintain a disaster-oriented role with a partner organization for its members, staff and volunteers to assist in disaster preparedness, response, recovery and/or mitigation activities. The Provider agrees to document this disaster-oriented role in writing with a letter of acknowledgement, at a minimum, from the partnering organization. See section LK. of contract. E. The positions, position descriptions, and number of Members serving in this program may be revised if requested in writing by the provider and approved in writing by the Commission. F. All Members must be enrolled in the eGrants AmeriCorps Portal. The provider further agrees to assign members to a service location within the AmeriCorps Portal no more than 30 days from start of service. G. Member positions may only be revised through a Member Change of Status Form completed via the eGrants AmeriCorps Portal for each Member for the following conditions: a. suspension; b. ending service early; c. reinstatement to service; d. utilization of the Family Medical Leave Act; or e. transfer to another AmeriCorps program. The program agrees to keep all documentation associated with Member Change of Status in a member file. H. The Provider will complete a National Criminal History Check of all members and staff supported by CNCS grantee and match funds. National Criminal History Checks include the NSOPR and are consistent with Corporation for National & Community Service and Commission requirements. The Provider must submit the Volunteer Florida National Criminal History Check Status Form (Attachment VIII) within sixty (60) days of the program start date. Failure to complete the status form may result in delay of program reimbursements. L A National Service Trust End of Term of Service/Exit Form must be completed via the eGrants AmeriCorps Portal for each Member upon completion of her/his term of service. J. The Provider will complete forms via the eGrants AmeriCorps Portal within 30 days upon a member's enrollment in, completion of, lengthy or indefinite suspension from, or release from, a term of service. Item #211 Attachment number 3 \nPage 3 Exhibit II 2012-2013 Program Year K. The Provider will report member service hours to the Commission at least quarterly and will audit and update member service hours at least monthly. The Commission reserves the right to review Member service hours at anytime. L. The Provider will provide an opportunity for members to complete the Commission's annual Members with Disabilities Self Report Survey. IV. AmeriCorps Staff Training A. The Commission will ensure the provision of training and/or technical assistance to ensure successful program implementation and operation. The required trainings include the Volunteer Florida Program Director Meetings and associated webinars. B. Program Directors must complete a minimum of two (2) disability related trainings each year. Training not provided by the Commission must be approved in advance by Commission staff designated to oversee the Commission's disability inclusion responsibilities. Suggested topics are, but are not limited to the following: i. Disability awareness and appreciation; ii. Title I of the Americans with Disabilities Act; iii. Title III of the Americans with Disabilities Act; iv. supervisory techniques; v. AmeriCorps member evaluation; vi. working with the media; vii. AmeriCorps member motivation; viii. report writing; and ix. financial/grants management C. The Commission will ensure the provision of fiscal training and/or technical assistance to ensure successful fiscal program implementation and operation. Program fiscal staff will be required to complete the Volunteer Florida Fiscal Trainings. V. AmeriCorps Member Training A. The Provider will ensure the provision of training and/or technical assistance for members. Required trainings include: i. American Red Cross-certified or comparable CPR and First Aid training. The Provider will have all members trained or certified in CPR and First Aid. ii. Diversity appreciation; iii. Citizenship; iv. Disability awareness and appreciation training adhering to the Commission's approved content. v. Introduction to disaster preparedness, mitigation, and response. B. Other suggested training topics include, but are not limited to: i. team building; ii. conflict resolution; iii. career development; iv. Life after AmeriCorps Item #�11 Attachment number 3 \nPage 4 Exhibit II 2012-2013 Program Year v. Additional disaster response training including; Emergency Shelter Operations, Emergency Temporary Roofing, Points of Distribution, Volunteer Reception Center Simulation. VL National Service Activities The Provider will schedule and conduct at least one direct service activity designed for and conducted as part of the Seasons of Service, the designated national service days of the Corporation of National Service, during the contract period. -u : . AmeriCorps Clearwater Clearwater Police Department Application ID: 12AC143199 Section I. Program Operating Costs A. Personne) Expenses B. Personne) Fringe Benefits C. Trave) Staff Trave) (Trave) to CNCS-Sponsored Meeti Member Travel Tota I D. Equipment E. Supplies F. Contractua) and Consultant Services G. Training Staff Training Member Training Tota I H. Evaluation I. Other Program Operating Costs Section I. Subtotal Section I Percentage Section II. Member Costs A. Living Allowance Ful) Time (1700 hrs) 1-Year Half Time (900 hours Reduced Half Time (675 hrs' Quarter Time (450 hrs) Minimum Time (300 hrs) 2-Year Half Time (2nd Year) 2-Year Half Time (1st Year) Tota I B. Member Support Costs FICA for Members Worker's Compensation Health Care Section II. Subtotal Section II. Perce Attachment number 4 \nPage 1 Amt ICNCS Share IGrantee Share $ 67,296 $ 23,089 $ $ 30,704 $ 4,756 $ $ 660 $ 660 $ $ 11,000 $ - $ $ 11,660 $ 660 $ $ - $ - $ $ 5,883 $ 750 $ $ - $ - $ $ 683 $ 683 $ $ 2,098 $ 950 $ $ 2,781 $ 1,633 $ $ 1,000 $ 1,000 $ $ 12,656 $ - $ $ 131,980 $ 31,888 $ 24% $ 108,900 $ 67,148 $ $ 64,060 $ 64,060 $ $ - $ - $ $ - $ - $ $ - $ - $ $ - $ - $ $ - $ - $ $ 172,960 $ 131,208 $ $ 13,231 $ 13,231 $ $ 15,730 $ - $ $ 11,270 $ 11,270 $ 44, 207 25,948 11,000 11.000 5,133 1,148 1,148 12,656 100,092 76% 41,752 41,752 15,730 213,191 $ 155,709 $ 57,482 73% 27% I[�'ii�:��il Section III. Administrative/Indirect Costs A. Corporation Fixed Percentage Corporation Fixed Amount Commission Fixed Amount Tota I B. Federally Approved Indirect Cost Rate Section III. Subtotal Section III Percentage Section I+ III. Funding Percentages Budget Totals Budget Total Percentage Required Match # of vears Receivin� CNCS Funds $ 3,17 2 $ $ 1,880 $ $ 5,052 $ _ $ 1,880 $ 1,880 $ $ 5,052 $ 1,880 $ 37% 25% $ 350,223 $ 189,477 $ 54% 38% 7 Attachment number 4 \nPage 2 3,17 2 3.17 2 3,17 2 63 % 75% 160,746 46% I[�'ii�:�iil AmeriCorps Clearwater Clearwater Police Department Application ID: 12AC143199 Section I. Program Operating Costs A. Personne) Expenses B. Personne) Fringe Benefits C. Trave) Staff Trave) (Trave) to CNCS-Sponsored Meeti Member Travel Tota I D. Equipment E. Supplies F. Contractua) and Consultant Services G. Training Staff Training Member Training Tota I H. Evaluation I. Other Program Operating Costs Section I. Subtotal Section I Percentage Section II. Member Costs A. Living Allowance Ful) Time (1700 hrs) 1-Year Half Time (900 hours Reduced Half Time (675 hrs' Quarter Time (450 hrs) Minimum Time (300 hrs) 2-Year Half Time (2nd Year) 2-Year Half Time (1st Year) Tota I B. Member Support Costs FICA for Members Worker's Compensation Health Care Section II. Subtotal Section II. Perce Attachment number 5 \nPage 1 Amt ICNCS Share IGrantee Share $ 67,296 $ 23,089 $ $ 30,704 $ 4,756 $ $ 660 $ 660 $ $ 11,000 $ - $ $ 11,660 $ 660 $ $ - $ - $ $ 5,883 $ 750 $ $ - $ - $ $ 683 $ 683 $ $ 2,098 $ 950 $ $ 2,781 $ 1,633 $ $ 1,000 $ 1,000 $ $ 12,656 $ - $ $ 131,980 $ 31,888 $ 24% $ 108,900 $ 67,148 $ $ 64,060 $ 64,060 $ $ - $ - $ $ - $ - $ $ - $ - $ $ - $ - $ $ - $ - $ $ 172,960 $ 131,208 $ $ 13,231 $ 13,231 $ $ 15,730 $ - $ $ 11,270 $ 11,270 $ 44, 207 25,948 11,000 11.000 5,133 1,148 1,148 12,656 100,092 76% 41,752 41,752 15,730 213,191 $ 155,709 $ 57,482 73% 27% I[�'ii�:��il Section III. Administrative/Indirect Costs A. Corporation Fixed Percentage Corporation Fixed Amount Commission Fixed Amount Tota I B. Federally Approved Indirect Cost Rate Section III. Subtotal Section III Percentage Section I+ III. Funding Percentages Budget Totals Budget Total Percentage Required Match # of vears Receivin� CNCS Funds $ 3,17 2 $ $ 1,880 $ $ 5,052 $ _ $ 1,880 $ 1,880 $ $ 5,052 $ 1,880 $ 37% 25% $ 350,223 $ 189,477 $ 54% 38% 7 Attachment number 5 \nPage 2 3,17 2 3.17 2 3,17 2 63 % 75% 160,746 46% I[�'ii�:�iil Attachment number 6 \nPage 1 2012 AMERICORPS GRANT PROVISIONS Effective June 1, 2012 These Corporation for National & Community Service (CNCS) AmeriCorps Grant Provisions are binding on the grantee. By accepting funds under this grant, the grantee agrees to comply with, and include in all subgrants, the AmeriCorps Provisions, all applicable federal statutes, regulations and guidelines, and any amendments thereto. The grantee agrees to operate the funded program in accordance with the approved grant application and budget, supporting documents, and other representations made in support of the approved grant application. For the purposes of these Provisions, "AmeriCorps" refers to AmeriCorps State and National grantees only. The term grantee is used to connote either grantee or subgrantee, as appropriate, throughout these Provisions. I. II. III IV u TABLE OF CONTENTS Changes from the 2012 AmeriCorps Grant Provisions ............................ Legislative and Regulatory Authority ....................................................... Other Applicable Statutory and Administrative Provisions ...................... A. States, Indian Tribes, U.S. Territories, and Local Governments ..... B. Nonprofit Organizations .................................................................. C. Educational Institutions ................................................................... D. Other Applicable Statutes and Regulations ..................................... E. Exemptions for Fixed Amount Grants ............................................. F. Order of Precedence ......................................................................... AmeriCorps Special Provisions ................................................................ A. Definitions ........................................................................................ B. Affiliation with the AmeriCorps National Service Network........... C. Member Recruitment, Selection, and Exit ....................................... D. Supervision and Support .................................................................. E. Changes in Member Terms of Service or Program Slots ............... F. Release from Participation ............................................................... G. Living Allowances, Other In-Service Benefits, and Taxes .............. H. Member Records and Confidentiality .............................................. I. Budget and Programmatic Changes ................................................. J. Reporting Requirements .................................................................. K. Grant Period and Incremental Funding ............................................ GeneralProvisions .................................................................................... A. Responsibilities under Grant Administration ................................... B. Financial Management Standards .................................................... C. The Office of Inspector General ...................................................... D. Program Income ............................................................................... E. Safety ............................................................................................... F. Non-Discrimination Public Notice and Records Compliance ......... G. Grants Products ................................................................................ H. Suspension or Termination of Grant ................................................ I. Fixed Amount Awards ..................................................................... J. Trafficking in Persons ...................................................................... .....2 .....2 ......2 .....2 ......3 ......3 ......3 ......3 ......4 ......4 ......4 ......5 ......6 ......7 ......9 ....11 ....11 ....14 ....15 ....16 ....17 ....1 s ....18 ....18 ....19 ...20 ...20 ...20 ....21 ...22 ....22 ...22 I[�'ii�:�iil Attachment number 6 \nPage 2 K. Central Contractor Registration and Universal Identifier Requirements ..............24 L. Transparency Act Award Term (for grants & cooperative agreements of $25,000 ormore) .......................................................................................................................25 VL Attachment Grant Program Civi1 Rights and Non-Harassment Policy ..........................................29 L CHANGES FROM THE 20ll AMERICORPS GRANT PROVISIONS 1. Section II— Updated references for the implementing regulations. 2. Section IIL C. - Updated citation for access to the OMB Circulars and implementing regulations. 3. Section IV. G. 4. — Provided additional information related to the minimum benefits for healthcare coverage. 4. Section IV.J.l .— Changed annual progress reports to semi-annual progress reports, and updated due dates. 5. Section IV.J.S. — Added the final project report requirement. 6. Section V. D. 2. — Added additional citations for excess program income. 7. Attachment — Replaced regulations relevant to the 2012 Grant Program Civil Rights and Non-Harassment Policy. IL LEGISLATIVE AND REGULATORY AUTHORITY This grant is authorized by and subject to the National and Community Service Act of 1990, as amended by the Serve America Act, (42 U.S.C. 12501 et seq.) and the implementing regulations at 45 CFR Chapter XXV. Grantees must comply with the requirements of the Act and its implementing regulations. IIL OTHER APPLICABLE STATUTORY AND ADMINISTRATIVE PROVISIONS The following applicable federal cost principles, administrative requirements and audit requirements are incorporated by reference: A. STATES, INDIAN TRIBES, U.S. TERRITORIES, AND LOCAL GOVERNMENTS The following circulars and their implementing regulations apply to states, Indian tribes, U.S. territories, and 1oca1 governments: 1. OMB Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments — 45 CFR Part 2541. 2. OMB Circular A-87, Cost Principles for State and Local Governments — 2 CFR Part 225. 3. OMB Circular A-133, Audits of States, Local Governments and Nonprofit Organizations. Fixed Amount grants are exempt from OMB Circular A-87, Cost Principles for State and Local Governments — 2 CFR Part 225. 2 Item # 11 Attachment number 6 \nPage 3 B. NONPROFIT ORGANIZATIONS The following circulars and their implementing regulations apply to nonprofit organizations: 1. OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations — 45 CFR Part 2543 or 2 CFR Part 215. 2. OMB Circular A-122, Cost Principles for Nonprofit Organizations — 2 CFR Part 230. 3. OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. Fixed Amount grants are exempt from OMB Circular A-122, Cost Principles for Nonprofit Organizations - 2 CFR Part 230. C. EDUCATIONAL INSTITUTIONS The following circulars and their implementing regulations apply to educational institutions: 1. OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations — 45 CFR Part 2543 or 2 CFR Part 215. 2. OMB Circular A-21, Cost Principles for Educational Institutions — 2 CFR Part 220. 3. OMB Circular A-133, Audits of States, Local Governments and Nonprofit Organizations. Fixed Amount grants are exempt from OMB Circular A-21, Cost Principles for Educational Institutions — 2 CFR Part 220. These documents can be found here: www.whitehouse.�ov/omb/financial offm circulars/. D. OTHER APPLICABLE STATUTES AND REGULATIONS The grantee must comply with all other applicable statutes, executive orders, regulations, and policies governing the grant, including, but not limited to, those cited in these Grant Provisions, the Grant Assurances and Certifications, and those cited in 45 CFR Parts 2541 and 2543. E. EXEMPTIONS FOR FIXED AMOUNT GRANTS Fixed Amount grants are exempt from the Cost Principles. (See above for the exemptions.) Fixed Amount grants must comply with OMB Circular A-133 and the Uniform Administrative Requirements. Fixed Amount grants include Education Award programs, Professional Corps, and Full-Cost Fixed Amount grants. I[�'ii�:�iil Attachment number 6 \nPage 4 F. ORDER OF PRECEDENCE Any inconsistency in the Grant Award shall be resolved by giving precedence in the following order (a) Applicable Federal Statutes, (b) applicable Federal regulations, (c) CNCS Grant Special Provisions, (d) CNCS Grant General Provisions, (e) the Notice of Funding Opportunity, and (f) the approved Grant Application including all assurances, certifications, attachments, and pre- award negotiations. IV. AMERICORPS SPECIAL PROVISIONS A. DEFINITIONS For purposes of this grant the following definitions apply: Grantee, for the purposes of this agreement, means the direct recipient of this grant. The grantee is legally accountable to the CNCS for the use of grant funds and is bound by the provisions of the grant. The grantee is responsible for ensuring that subgrantees or other organizations carrying out activities under this award comply with all applicable Federal requirements, including these provisions, regulations and OMB circulars incorporated by reference. 2. Subgrantee refers to an organization receiving AmeriCorps grant funds or member positions from a grantee of the CNCS. See 2 CFR § 215.5 and 45 CFR § 2453.5, and 45 CFR § 2541.370. Operating site means the organization that manages the AmeriCorps program and places members into service locations. State subgrantees (programs) are operating sites. National grantees must identify at least one operating site to which they can assign service locations in the state where they are placing members. 4. Service Location means the organization where or with which a member actually provides his or her service in the community. Typical service locations are schools, food banks, health clinics, community parks, etc. The service location may be the same as the operating site, but only if the member actually serves at or with the operating site organization. A member may serve at multiple service locations, all of which must be listed in the portal, although the program must select only one for the member's primary assignment. 5. Member or participant means an individual: a. Who has been selected by a grantee or subgrantee to serve in an approved national service position; b. Who is a U.S. citizen, U.S. national, or lawful permanent resident alien of the United States; c. Who is at least 17 years of age at the commencement of service unless the member is out of school and enrolled in a full-time, year-round youth corps or full-time summer 4 Item # 11 Attachment number 6 \nPage 5 program as defined in the Act (42 U.S.C. § 12572 (a)(3)(B)(x)), in which case he or she must be between the ages of 16 and 25, inclusive, and d. Who has a high school diploma or an equivalency certificate (or agrees to obtain a high school diploma or its equivalent before using an education award) and who has not dropped out of elementary or secondary school in order to begin a term of service as an AmeriCorps member (unless enrolled in an institution of higher education on an ability to benefit basis and is considered eligible for funds under section 484 of the Higher Education Act of 1965, 20 U.S.C. § 1091), or who has been determined through an independent assessment conducted by the grantee to be incapable of obtaining a high school diploma or its equivalent. B. AFFILIATION WITH THE AMERICORPS NATIONAL SERVICE NETWORK Identification as an AmeriCorps Program or Member. The grantee must identify the program as an AmeriCorps program and eligible members as AmeriCorps members. All partnership agreements/MOUs related to the AmeriCorps program must explicitly state that the program is an AmeriCorps program and AmeriCorps members are the resource being provided. 2. The AmeriCorps Name and Logo. AmeriCorps is a registered service mark of the Corporation for National and Community Service. CNCS provides a camera-ready logo. All grantee and subgrantee websites must clearly state that they are an AmeriCorps grantee and must prominently display the AmeriCorps logo. Grantees and subgrantees, except for Education Award Programs (EAPs), must use the AmeriCorps name and logo on service gear and public materials such as stationery, application forms, recruitment brochures, on-line position postings or other recruitment materials, orientation materials, member curriculum materials, signs, banners, press releases and publications related to their AmeriCorps program in accordance with CNCS requirements. EAPs are strongly encouraged to use the AmeriCorps name and logo on such materials. To publicize the relationship between the program and AmeriCorps, the grantee should use one of the following phrases when describing their program: "The AmeriCorps National Service Network," "an AmeriCorps program," or "a proud member of the AmeriCorps national service network" Grantees are strongly encouraged to provide information or training to their AmeriCorps members about how their program is part of the national AmeriCorps program and about the other national service programs of CNCS. Grantees are strongly encouraged to place signs that include the AmeriCorps name and logo at their service sites and may use the slogan "AmeriCorps Serving Here." AmeriCorps members should state they are AmeriCorps members during public speaking opportunities. The grantee may not alter the AmeriCorps logo, and must obtain written permission from CNCS before using the AmeriCorps name or logo on materials that will be sold, or permitting donors to use the AmeriCorps name or logo in promotional materials. The grantee may not use or display the AmeriCorps name or logo in connection with any activity prohibited in these grant provisions. I[�'ii�:�iil Attachment number 6 \nPage 6 C. MEMBER RECRUITMENT, SELECTION, AND EXIT Member recruitment and selection requirements are in CNCS's regulations at 45 CFR § 2522.210. In addition, the grantee must ensure that the following procedures are followed: Notice to CNCS's National Service Trust. The grantee must notify CNCS's National Service Trust within 30 days of a member's selection for, completion of, suspension from, or release from, a term of service. Suspension of service is defined as an extended period during which the member is not serving, nor accumulating service hours or receiving AmeriCorps benefits. The grantee also must notify the Trust, via the My AmeriCorps Portal, when a change in a member's term of service is approved and changed (i.e. from full-time to less than full- time or vice versa). Failure to report such changes within 30 days may result in sanctions to the grantee, up to and including, suspension or termination of the grant. Grantees or subgrantees meet notification requirements by using the appropriate electronic system to inform CNCS of changes within the required time frames. Any questions regarding the Trust should be directed to the Trust Office (800) 942-2677. Penalties fo� false info�mation: Any individual who makes a materially false statement or representation in connection with the approval or disbursement of an education award or other payment from the National Service Trust may be liable for the recovery of funds and subject to civil and criminal sanctions. 2. Parental Consent. Parental or legal guardian consent must be obtained for members under 18 years of age before members begin a term of service. Grantees may also include an informed consent form of their own design as part of the member service agreement materials. Reasonable Accommodation. Programs and activities must be accessible to persons with disabilities, and the grantee must provide reasonable accommodation to the known mental or physical disabilities of otherwise qualified members, service recipients, applicants, and staff. All selections and project assignments must be made without regard to the need to provide reasonable accommodation. See the FAQ titled "Reasonable Accommodation" for more information. 4. Assigning Members to Service Locations. So that CNCS can track where every member is serving, the grantee is required to ensure that all operating sites and all service locations are entered in the My AmeriCorps portal for all members within 30 days of members' selection for a term of service. As AmeriCorps State and National programs enroll members for service they are required to include the name of the organization, and the full address or zip-plus-four of the service locations where each member will be serving. If a member is serving at multiple service locations, the program must select the one where the member serves a majority of his or her hours for the member's assignment, however, all service locations must be listed in the portal. I[�'ii�:�iil Attachment number 6 \nPage 7 5. Timekeeping. The grantee is required to ensure that time and attendance recordkeeping is conducted by the AmeriCorps member's supervisor. This time and attendance record is used to document member eligibility for in-service and post-service benefits. Time and attendance records must be signed and dated both by the member and his/her supervisor. If a Professional Corps program wants to follow the timekeeping practices of its profession and certify that members have completed the minimum required hours, excluding sick and vacation days, it must get advance written approval from CNCS. 6. Completion of Terms of Service. The grantee must ensure that each member has sufficient opportunity to complete the required number of hours of service to qualify for the education award. Members must be exited within 30 days of the end of their term of service. Should a program not be renewed, a member who was scheduled to continue in a term of service may either be placed in another program, where feasible, or if the member has completed at least 15% of the service hour requirement, a member may receive a pro- rated education award. 7. Member Exit. In order for a member to receive an education award from the National Service Trust, the grantee must certify to the National Service Trust that the member satisfactorily and successfully completed the term of service, and is eligible to receive the education benefit. The grantee (and any individual or entity acting on behalf of the grantee) is responsible for the accuracy of the information certified on the end-of-term certification. D. SUPERVISION AND SUPPORT Planning for the Term of Service. The grantee must develop member positions that provide for meaningful service activities and performance criteria that are appropriate to the skill level of inembers. The grantee is responsible for ensuring that the positions do not include or put the AmeriCorps member in a situation in which the member is at risk for engaging in any prohibited activity (see 45 CFR § 2520.65), activity that would violate the non-duplication and non-displacement requirements (see 45 CFR § 2540.100), or prohibited fundraising activity (see 45 CFR §§ 2520.40-45). The grantee must accurately and completely describe the activities to be performed by each member in a position description. Position descriptions must be provided to CNCS upon request. The grantee must ensure that each member has sufficient opportunity to complete the required number of hours to qualify for an education award. In planning for the member's term of service, the grantee must account for holidays and other time off, and must provide each member with sufficient opportunity to make up missed hours. 2. Member Service Agreements. The grantee must require that each member sign a service agreement that, at minimum, includes the following: Member position description; I[�'ii�:�iil Attachment number 6 \nPage 8 b. The minimum number of service hours (as required by statute) and other requirements (as developed by the grantee) necessary to successfully complete the term of service and to be eligible for the education award; c. The amount of the education award being offered for successful completion of the terms of service in which the individual is enrolling; d. Standards of conduct, as developed by the grantee or subgrantee; e. The list of prohibited activities, including those specified in the regulations at 45 § CFR 2520.65 (see paragraph 3, below); £ Requirements under the Drug-Free Workplace Act (41 U.S.C. § 701 et seq.); g. Civil rights requirements, complaint procedures, and rights of beneficiaries (see Section V.F.); h. Suspension and termination rules; i. The specific circumstances under which a member may be released for cause; j . Grievance procedures; and k Other requirements established by the grantee. The grantee should ensure that the service agreement is signed before commencement of service so that members are fu11y aware of their rights and responsibilities. 3. Prohibited Activities. While charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or CNCS, staff and members may not engage in the following activities (see 45 CFR § 2520.65): a. Attempting to influence legislation; b. Organizing or engaging in protests, petitions, boycotts, or strikes; c. Assisting, promoting, or deterring union organizing; d. Impairing existing contracts for services or collective bargaining agreements; e. Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office; £ Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; g. Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization; h. Providing a direct benefit t� i. A business organized for profit; ii. A labor union; iii.A partisan political organization; iv. A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 related to engaging in political activities or substantial amount of lobbying except that nothing in these I[�'ii�:�iil Attachment number 6 \nPage 9 provisions shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and v. An organization engaged in the religious activities described in paragraph 3.g. above, unless CNCS assistance is not used to support those religious activities; Conducting a voter registration drive or using CNCS funds to conduct a voter registration drive; j. Providing abortion services or referrals for receipt of such services; and k Such other activities as CNCS may prohibit. AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed above. Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmeriCorps time, and using non- CNCS funds. Individuals should not wear the AmeriCorps logo while doing so. 4. Supervision. The grantee must provide members with adequate supervision by qualified supervisors consistent with the approved application. The grantee must conduct an orientation for members, including training on what activities are prohibited during AmeriCorps service hours, and comply with any pre-service orientation or training required by CNCS. The grantee must ensure that it does not exceed the limitation on member service hours spent in education and training set forth in 45 CFR § 2520.50. 5. Performance Reviews. The grantee must conduct and keep a record of at least a midterm and end-of-term written evaluation of each member's performance for Full and Half-Time members and an end-of-term written evaluation for less than Half-time members. The end-of-term evaluation should address, at a minimum, the following factors: a. Whether the member has completed the required number of hours; b. Whether the member has satisfactorily completed assignments; and c. Whether the member has met other performance criteria that were clearly communicated at the beginning of the term of service. 6. Member Death or Injury. The grantee must immediately report any member deaths or serious injuries to the designated CNCS Program Officer. E. CHANGES IN MEMBER TERMS OF SERVICE OR PROGRAM SLOTS Changes that Require CNCS Approval. Circumstances may arise within a program that necessitate changing the type of unfilled AmeriCorps member positions awarded to a grantee or subgrantee, or changing the term of service of a currently enrolled member. Note that once a member is exited with a partial education award, the remaining portion of that education award is not available for use. The following changes require written approval from CNCS's Office of Grants Management as well as written approval and concurrence from the State Commission or National Direct grantee: I[�'ii�:�iil Attachment number 6 \nPage 1i a. A change in the number of inember service year positions in the grant; and/or b. A change in the funding level of the grant. 2. Changing Slot Types (unfilled positions). Except for Full-cost and Professional Corps Fixed Amount grants, grantees or subgrantees may change the type of slots awarded to their program if: a. The change does not increase the total MSYs authorized in the Notice of Grant Award (e.g. one half-time position cannot be changed to one full-time position); and b. The change does not increase the amount of the education award. All changes are subject to availability of funds in the Trust, must be Trust neutral, and must comply with all assumptions on which Trust prudence and continued solvency are predicted. Changes in slot type may be made by the grantee directly in the My AmeriCorps Portal. Changing a Term of Service (currently enrolled positions). Changes in terms of service may not result in an increased number of MSYs for the program. With the exception of Education Award only grants, grantees with Fixed Amount grants may not convert members to less-than-full-time slots. a. Full-time. State Commissions and Parent Organizations may authorize or approve occasional changes of currently enrolled full-time members to less than full-time members. Impact on program quality should be factored into approval of requests. CNCS will not cover health care or childcare costs for less than full-time members. It is not allowable to transfer currently enrolled full-time members to a less than full- time status simply to provide a less than full-time education award. b. Less than Full-time. CNCS discourages changing less than full-time members to full-time because it is very difficult to manage, unless done very early in the member's term of service. State Commissions and Parent Organizations may authorize or approve such changes so long as their current budget can accommodate such changes. Programs must keep in mind that a member's minimum 1700 hours must be completed within 12 months of the member's original start date. c. Refilling Slots. Eligible AmeriCorps State and National programs that have fully enrolled their awarded member slots are allowed to replace any member who terminates service before completing 30 percent of his/her term provided that the member who is terminated is not eligible for and does not receive a pro-rated education award. Programs may not refill the same slot more than once. As a fail-safe mechanism to ensure that resources are available in the National Service Trust to finance all earned education awards, CNCS will suspend refilling if either: i. Total AmeriCorps enrollment reaches 97 percent of awarded slots; or ii. The number of refills reaches five percent of awarded slots. lo Item # 11 Attachment number 6 \nPage 1 Grantees whose awards have special grant conditions under 45 CFR § 2543.14 or § 2541120 are not eligible to refill positions. 4. Formula and State Competitive Grant Slot Transfers. State commissions are allowed to transfer slots among their state formula and competitive subgrantees in order to maximize enrollment and cost effectiveness without prior approval. State commissions may not transfer slots between competitive and formula subgrantees, or vice-versa. State commissions may not transfer funds among their competitive subgrantees. Slots eligible for refill are not allowed to be transferred. 5. Notice to Childcare and Healthcare Providers. The grantee must immediately notify CNCS's designated agents, in writing, when a member's status changes in a manner that affects eligibility for childcare or healthcare. See Section IV.G. 6. F. RELEASE FROM PARTICIPATION Grantees may release members from participation for two reasons: (a) for com�ellin� personal circumstances; and (b) for cause. See 45 CFR § 2522230 for requirements. Whether the reason for the release amounts to circumstances beyond the member's control is determined by the grantee, consistent with the criteria listed in 45 CFR § 2522230(a). Failure to follow the requirements set forth in regulation (e.g., releasing an individual for compelling personal circumstances when the individual is leaving to go to school) is considered non-compliance with grant requirements and may result in disallowed costs and other remedies for non-compliance. In addition to the regulations, the following applies: No Automatic Disqualification if Released fo� Cause: A release for cause covers all circumstances in which a member does not successfully complete his/her term of service for reasons other than compelling personal circumstances. Therefore, it is possible for a member to receive a satisfactory performance review and be released for cause. For example, a member who is released for cause from a first term—e.g. the individual has decided to take a job offer—but who, otherwise, performed well, would not be disqualified from enrolling for a subsequent term as long as the individual received a satisfactory performance evaluation for the first period of service. G. LIVING ALLOWANCES, OTHER IN-SERVICE BENEFITS, AND TAXES Living Allowance Distribution. A living allowance is not a wage. Grantees must not pay a living allowance on an hourly basis. Grantees should pay the living allowance in regular increments, such as weekly or bi-weekly, paying an increased increment only on the basis of increased living expenses such as food, housing, or transportation. Payments should not fluctuate based on the number of hours served in a particular time period, and must cease when the member's service ceases. If a member serves all required hours and is permitted to conclude his or her term of service before the originally agreed upon end of term, the grantee may not provide a lump sum payment to the member. Similarly, if a member is selected after the program's start 11 Item # 11 Attachment number 6 \nPage 1; date, the grantee must provide regular living allowance payments from the member's start date and may not increase the member's living allowance incremental payment or provide a lump sum to make up any missed payments. AmeriCorps EAPs may provide a living allowance or other in-service benefits to their members, but are not required to do so. Full-cost and other Fixed Amount grantees must provide a living allowance to their members. 2. Waiving the Living Allowance. If a living allowance is paid, a member may waive all or part of the payment of a living allowance if he or she believes his or her public assistance may be lost or decreased because of the living allowance. Even if a member waives his or her right to receive the living allowance, it is possible—depending on the specific public assistance program rules—that the amount of the living allowance that the member is eligible to receive will be deemed available. A member who has waived the living allowance may revoke the waiver at any time and may begin receiving the living allowance going forward from the date the individual revoked the waiver. A member may not receive any portion of the living allowance for the period of time the living allowance was waived. 3. Taxes and Insurance. Requirements related to member living allowances and benefits are in 45 CFR §§ 2522240 and 2522.250. In addition, grantees must ensure that the following procedures are followed: a. Liability Insurance Coverage. The grantee is responsible for ensuring adequate general liability coverage for the organization, employees and members, including coverage of inembers engaged in on- and off-site project activities. b. FICA (Social Security and Medicare taxes). Unless the grantee obtains a ruling from the Social Security Administration or the Internal Revenue Service that specifically exempts its AmeriCorps members from FICA requirements, the grantee must pay FICA for any member receiving a living allowance. The grantee also must withhold 7.65% from the member's living allowance. c. Income Taxes. The grantee must withhold Federal personal income taxes from member living allowances, requiring each member to complete a W-4 form at the beginning of the term of service and providing a W-2 form at the close of the tax year. The grantee must comply with any applicable state or local tax requirements. d. Worker's Compensation. Some states require worker's compensation for AmeriCorps members. Grantees must check with State Departments of Labor or state commissions to determine worker's compensation requirements. If worker's compensation is not required, grantees must obtain Occupational, Accidental, and Death and Dismemberment coverage for members to cover in-service injury or incidents. 4. Healthcare Coverage. Except for EAPs, Professional Corps, or members covered under a collective bargaining agreement, the grantee must provide, or make available, healthcare insurance to those members serving a 1700-hour full-time term who are not otherwise covered by a healthcare policy at the time the member begins his/her term of 12 Item # 11 Attachment number 6 \nPage 1; service. The grantee must also provide, or make available, healthcare insurance to members serving a 1700-hour full-time term who lose coverage during their term of service as a result of service or through no deliberate act of their own. CNCS will not cover healthcare costs for dependent coverage. Less-than-full-time members who are serving in a full-time capacity for a sustained period of time (e.g. a full-time summer project) are eligible for healthcare benefits. Programs may provide health insurance to less-than-full-time members serving in a full- time capacity, but they are not required to do so. For purposes of this provision, a member is serving in a full-time capacity when his/her regular term of service will involve performing service on a normal full-time schedule for a period of six weeks or more. A member may be serving in a fu11-time capacity without regard to whether his/her agreed term of service will result in a full-time Segal AmeriCorps Education Award. Minimum Benefits. When required to provide healthcare insurance coverage, the grantee may obtain healthcare from any provider. Coverage provided by the grantee must be provided for a period of no more than 364 days, and cannot be renewed or extended beyond that period. Coverage must include the following minimum benefits: a. Physician services for illness or injury b. Hospital room and board c. Emergency room d. X-ray and laboratory e. Prescription drugs £ Limited mental/nervous disorders g. Limited substance abuse coverage h. An annual deductible of no more than $250 charges per member i. No more than $1,000 total annual out-of-pocket per member j. A 20% co-pay or a comparable fixed fee with the exception of a 50% co-pay for mental and substance abuse care k A maximum benefit of at least $50,000 per occurrence or cause Administration of Childcare Payments. In general, CNCS will provide for childcare payments, which will be administered through an outside contractor. Requirements and eligibility criteria are in the AmeriCorps regulations, 45 CFR § 2522250. Grantees that choose to provide childcare as a match source (as approved in their budget) may contact the childcare contractor for technical assistance. Grantees can contact the AmeriCorps hotline at 1-800-942-2677 with questions regarding childcare. The criteria for member eligibility are contained in 45 CFR § 2522250. Members are considered to be full-time participants for purposes of eligibility for childcare payments on the same basis as eligibility for healthcare coverage. Members who are excluded from healthcare coverage solely on the basis of serving in a Professional Corps, or because they are covered under a collective bargaining agreement are not excluded from receiving childcare benefits on that basis. Members serving in EAPs are not eligible for the childcare benefit. CNCS will not cover childcare costs for family members or for members who served on a less 13 Item # 11 Attachment number 6 \nPage 1� than full-time basis, or who have ceased serving. Programs may provide child care to less-than-full-time members serving in a full-time capacity, but they are not required to do so. Also see the FAQs (htt�://www.americor�s.�ov/for_or�anizations/mana�e/index.as�) for more detailed information on administering childcare and healthcare benefits. 6. Notice to Childcare and Healthcare Providers. The grantee must immediately notify CNCS's designated agents in writing, when a member's status changes in a manner that affects the member's eligibility for childcare or healthcare. Examples of changes in status include: changes to a member's scheduled service so that he/she is no longer serving on a full-time basis, terminating or releasing a member from service, and suspending a member for cause for a lengthy or indefinite time period. Program directors should contact the childcare provider on childcare related changes, and their healthcare benefit provider about healthcare benefit related changes. H. MEMBER RECORDS AND CONFIDENTIALITY 1. Recordkeeping. The grantee must maintain records, including the position description, sufficient to establish that each member was eligible to participate and that the member successfully completed all program requirements. A program may store member files electronically if the program can ensure that the validity and integrity of the record is not compromised. CNCS will recognize electronically stored files where: The electronic storage procedures and system provide for the safe-keeping and security of the records, including: a. Sufficient prevention of unauthorized alterations or erasures of records; b. Effective security measures to ensure that only authorized persons have access to records; c. Adequate measures designed to prevent physical damage to records; and d. A system providing for back-up and recovery of records; and The electronic storage procedures and system provide for the easy retrieval of records in a timely fashion, including: a. Storage of the records in a physically accessible location; b. Clear and accurate labeling of all records; and c. Storage of the records in a usable, readable format. Where there is a requirement for a signature on a record, electronically stored records must include an image of the original signature; records without signatures, when required, are considered incomplete. 2. Verification of Eligibility. The grantee must obtain and maintain documentation as required by 45 CFR § 2522200(c). CNCS does not require programs to make and retain copies of the actual documents used to confirm age or citizenship eligibility 14 Item # 11 Attachment number 6 \nPage 1; requirements, such as a driver's license, or birth certificate, as long as the grantee has a consistent practice of identifying the documents that were reviewed and maintaining a record of the review. Enrolling in the My AmeriCorps portal requires members to certify their high school status. Such certification fulfills the grantee's verification requirement to obtain and maintain documentation from the member relating to the member's high school education. If the member is incapable of obtaining a high school diploma or its equivalent, as determined by an independent evaluation, the grantee must retain a copy of the supporting evaluation. Confidential Member Information. The grantee must maintain the confidentiality of information regarding individual members. The grantee must obtain the prior written consent of all members before using their names, photographs and other identifying information for publicity, promotional or other purposes. Grantees may release aggregate and other non-identifying information, and are required to release member information to CNCS and its designated contractors. The grantee must permit a member who submits a written request for access to review records that pertain to the member and were created pursuant to this grant. L BUDGET AND PROGRAMMATIC CHANGES 1. Programmatic Changes. The grantee must first obtain the prior written approval of the AmeriCorps Program Office before making any of the following changes: a. Changes in the scope, objectives or goals of the program, whether or not they involve budgetary changes; b. Substantial changes in the level of participant supervision; c. Entering into additional subgrants or contracts for AmeriCorps activities funded by the grant, but not identified or included in the approved application and grant budget. 2. Program Changes for Formula Programs. State Commissions are responsible for approving the above changes for state formula programs. Budgetary Changes. The grantee must obtain the prior written approval of CNCS's Office of Grants Management before deviating from the approved budget in any of the following ways: a. Specific Costs Requiring Prior Approval before Incurrence under OMB Circulars A- 21 (2 CFR Part 220), A-87 (2 CFR Part 225), or A-122 (2 CFR Part 230). For certain cost items, the cost circulars require approval of the awarding agency for the cost to be allowable. Examples of these costs are overtime pay, rearrangement and alteration costs, and pre-award costs. b. Purchases of Equipment over $5,000 using grant funds, unless specified in the approved application and budget. Is Item # 11 Attachment number 6 \nPage 1i Unless the CNCS share of the award is $100,000 or less, changes to cumulative and/or aggregate budget line items that amount to 10 per cent or more of the total budget must be approved in writing in advance by CNCS. The total budget includes both the CNCS and grantee shares. Grantees may transfer funds among approved direct cost categories when the cumulative amount of such transfers does not exceed 10 percent of the total budget. 4. Approvals of Programmatic and Budget Changes. CNCS's Grants Officers are the only officials who have the authority to alter or change the provisions or requirements of the grant. The Grants Officers will execute written amendments, and grantees should not assume approvals have been granted unless documentation from the Grants Office has been received. Programmatic changes also require final approval of CNCS's Office of Grants Management after written recommendation for approval is received from the Program Office. Exceptions for Fixed Amount Grants. Grantees with Fixed Amount grants are not subject to the requirements in Section 3, Budgetary Changes. J. REPORTING REQUIREMENTS This section applies only to the grantee. The grantee is responsible for timely submission of periodic financial and progress reports during the project period and a final financial report. Grantee Progress Reports. The grantee shall complete and submit progress reports in eGrants to report on progress toward achievement of its approved performance targets. Due Date Renortin� Period Covered Apri1 30 Start of grant through March 31 October 31 Apri1 1— September 30 A grantee must set submission deadlines for its respective subgrantees that ensure the timely submission of grantee reports. 2. Financial Reports. The grantee shall complete and submit financial reports in eGrants (Financial Status Reports on menu tree) to report the status of all funds. The grantee must submit timely cumulative financial reports in accordance with CNCS guidelines according to the following schedule: Due Date Renortin� Period Covered Apri1 30 Start of grant through March 31 October 31 Apri1 1— September 30 A grantee must set submission deadlines for its respective subgrantees that ensure the timely submission of grantee reports. 16 Item # 11 Attachment number 6 \nPage 1 Cost reimbursement National Professional Corps grantees submit one financial report per year. All grantees including Fixed Amount grants must submit the Federal Financial Report (FFR) - Cash Transactions Report on a quarterly basis to the Department of Health and Human Services Payment Management System per the Electronic Funds Transfer Agreement. Reporting Other Federal Funds. The grantee shall report the amount and sources of federal funds, other than those provided by CNCS, used to carry out its programs. This includes other federal funds expended by subgrantees and operating sites. This information shall be reported annually on the financial report due October 31 st. Fixed Amount grantees are not required to report this information. 4. Requests for Extensions. Each grantee must submit required reports by the given dates. Extensions of reporting deadlines will be granted only when 1) the report cannot be furnished in a timely manner for reasons, in the determination of CNCS, legitimately beyond the control of the grantee, and 2) CNCS receives a request explaining the need for an extension before the due date of the report. Extensions of deadlines for financial reports may only be granted by the Office of Grants Management, and extensions of deadlines for progress reports may only be granted by the AmeriCorps Program Office. 5. Final Project and Financial Reports. A grantee must submit, in lieu of the last semi- annual project and financial reports, a final project and financial report. These final reports are due within 90 days after the end of the grant. 6. Financial Reports for Fixed Amount Grants. Fixed Amount grantees are not required to submit the financial reports to CNCS, including the final financial report. K. GRANT PERIOD AND INCREMENTAL FUNDING For the purpose of the grant, a project period is the complete length of time the grantee is proposed to be funded to complete approved activities under the grant. A project period may contain one or more budget periods. A budget period is a specific interval of time for which Federal funds are being provided to fund a grantee's approved activities and budget. Unless otherwise specified, the grant covers a three-year project period. In approving a multi- year project period, CNCS generally makes an initial award for the first year of operation. Additional funding is contingent upon satisfactory performance, a grantee's demonstrated capacity to manage a grant and comply with grant requirements, and the availability of Congressional appropriations. CNCS reserves the right to adjust the amount of a grant award, or elect not to continue funding, on these bases. The project period and the budget period are noted on the award document. 1� Item # 11 Attachment number 6 \nPage 1� V. GENERAL PROVISIONS A. RESPONSIBILITIES UNDER GRANT ADMINISTRATION Accountability of the Grantee. The grantee has full fiscal and programmatic responsibility for managing all aspects of the grant and grant-supported activities, subject to the oversight of CNCS. The grantee is accountable to CNCS for its operation of the AmeriCorps program and the use of CNCS grant funds. The grantee must expend grant funds in a judicious and reasonable manner, and it must record accurately the service activities and outcomes achieved under the grant. Although grantees are encouraged to seek the advice and opinion of CNCS on special problems that may arise, such advice does not diminish the grantee's responsibility for making sound judgments and does not shift the responsibility for operating decisions to CNCS. 2. Subawards. A grantee may make subgrants in accordance with the requirements set forth in 45 CFR Part 2541 or 2 CFR Part 215 and 45 CFR Part 2543. The grantee must have and implement a plan for oversight and monitoring to ensure that each subgrantee and service site has agreed to comply, and is complying, with grant requirements. This includes oversight and monitoring to ensure that AmeriCorps members are not engaging in prohibited activities in 45 CFR § 2520.65. Notice to CNCS. The grantee will notify the appropriate CNCS Program or Grants Officer immediately of any developments or delays that have a significant impact on funded activities, any significant problems relating to the administrative or financial aspects of the grant, or any suspected misconduct or malfeasance related to the grant or grantee. The grantee will inform the CNCS official about the corrective action taken or contemplated by the grantee and any assistance needed to resolve the situation. B. FINANCIAL MANAGEMENT STANDARDS General. The grantee must maintain financial management systems that include standard accounting practices, sufficient internal controls, a clear audit trail, and written cost allocation procedures, as necessary. Financial management systems must be capable of distinguishing expenditures attributable to this grant from expenditures not attributable to this grant. The systems must be able to identify costs by program year and by budget category, and to differentiate between direct and indirect costs, or administrative costs. For further details about the grantee's financial management responsibilities, refer to OMB Circular A-102 and its implementing regulations (45 CFR Part 2541) or A-110 (2 CFR Part 215) and it's implementing regulations (2 CFR Part 205 and 45 CFR Part 2543), as applicable. 2. Consistency of Treatment. To be allowable under an award, costs must be consistent with policies and procedures that apply uniformly to both federally financed and other activities of the organization. Furthermore, the costs must be accorded consistent treatment in both federally financed and other activities, as well as between activities, supported by different sources of federal funds. Ig Item # 11 Attachment number 6 \nPage 1! Audits. Grantee organizations that expend $500,000 or more in total federal awards in a fiscal year shall have a single or program-specific audit conducted for that year in accordance with the Single Audit Act, as amended, 31 U.S.C. 7501, et seq., and OMB Circular A-133. If the grantee expends federal awards under only one federal program, it may elect to have a program specific audit, if it is otherwise eligible. A grantee that does not expend $500,000 in Federal awards is exempt from the single audit requirements of OMB Circular A-133 for that year. However, it must continue to conduct financial management reviews of its subgrantees, and records must be available for review and audit. A recipient of a Federal grant that is a pass-through entity is required, in accordance with paragraph 400(d) of OMB Circular A-133, to do the following with regard to its subrecipients: (1) identify the Federal award and funding source; (2) advise sub- recipients of all requirements imposed on them; (3) monitor subrecipient activities and compliance; (4) ensure subrecipients have A-133 audits when required; (5) issue decisions and ensure follow-up on audit findings in a timely manner; (6) where necessary, adjust its own records and financial statements based on audits; and (7) require subrecipients to permit access by the pass-through entity and auditors to records and financial statements, as necessary, for the pass-through entity to comply with A-133. 4. Consultant Services. Payments for consultant services under this grant will not exceed $750.00 per day (exclusive of any indirect expenses, travel, supplies and so on) unless procured consistent with 45 CFR § 2543.44. C. THE OFFICE OF INSPECTOR GENERAL CNCS's Office of Inspector General (OIG) conducts and supervises independent and objective audits, evaluations, and investigations of CNCS's programs and operations. Based on the results of these audits, reviews, and investigations, the OIG recommends policies to promote economy and efficiency and to prevent and detect fraud, waste, and abuse in CNCS's programs and operations. The OIG conducts and supervises audits of CNCS grantees, as well as legislatively mandated audits and reviews. The legislatively mandated audits include the annual financial statement audit, and fulfilling the requirements of the Government Information Security Reform Act and its successor, the Federal Information Security Management Act. A risk-based approach, along with input received from CNCS management, is used to select grantees and grants for audit. The OIG hires audit firms to conduct some of its audits. The OIG audit staff is available to discuss its audit function, and can be reached at (202) 606-9390. The OIG is available to offer assistance to AmeriCorps grantees that become aware of suspected criminal activity in connection with the AmeriCorps program. Grantees should immediately contact the OIG when they first suspect that a criminal violation has occurred. The OIG investigative staff is available to provide guidance and ensure that the appropriate law enforcement agency is notified, if required. The OIG may be reached by email at hotline@cncsig.gov or by telephone at (800) 452-8210. 19 Item # 11 Attachment number 6 \nPage 2i D. PROGRAM INCOME GeneraL Income, including fees for service earned as a direct result of the grant-funded program activities during the award period, must be retained by the grantee and used to finance the grant's non-CNCS share. 2. Excess Program Income. Program income earned in excess of the amount needed to finance the grantee share must follow the appropriate requirements of 45 CFR § 2541.250, 45 CFR § 254324 or 2 CFR § 21524, 2 CFR Part 225, 2 CFR Part 215, or 2 CFR Part 220 and be deducted from total claimed costs. Grantees that earn excess income must specify the amount of the excess in the comment box on the financial report. 3. Fees for Service. When using assistance under this grant, the grantee may not enter into a contract for or accept fees for service performed by members when: a. The service benefits a for-profit entity, b. The service falls within the other prohibited activities set forth in these grant provisions, or c. The service violates the non-displacement provisions of 45 U.S.C. § 12637. 4. Full-Cost and Professional Corps FiYed Amount Grants. The grantee must notify its Grants Officer if it earns program income in excess of the amounts needed to cover all expenditures under the grant. The Grants Officer will determine the disposition of the excess program mcome. E. SAFETY The grantee must institute safeguards as necessary and appropriate to ensure the safety of members. Members may not participate in projects that pose undue safety risks. F. NON-DISCRIMINATION PUBLIC NOTICE AND RECORDS COMPLIANCE Public Notice of Non-discrimination. The grantee must notify members, community beneficiaries, applicants, program staff, and the public, including those with impaired vision or hearing, that it operates its program or activity subject to the non-discrimination requirements of the applicable statutes. The notice must summarize the requirements, note the availability of compliance information from the grantee and CNCS, and briefly explain procedures for filing discrimination complaints with CNCS. Sample language is: It is against the law for organizations that receive federal financial assistance from the Corporation for National and Community Service to discriminate on the basis of race, color, national origin, disability, sex, age, political affiliation, or, in most cases, religion. It is also unlawful to retaliate against any person who, or organization that, files a complaint about such discrimination. In addition to filing a complaint with local and state agencies that are responsible for resolving discrimination complaints, you may 2o Item # 11 Attachment number 6 \nPage 2 bring a complaint to the attention of the Corporation for National and Community Service. If you believe that you or others have been discriminated against, or if you want more information, contact: (Name, address, phone number — both voice and TTY, and preferably toll free — FAX number and email address of the grantee) or Office of Civil Right and Inclusiveness Corporation for National and Community Service 1201 New York Avenue, NW Washington, DC 20525 1-800-833-3722 (TTY and reasonable accommodation line) (202) 565-3465 (FAX); eo@cns.gov (email) The grantee must include information on civil rights requirements, complaint procedures and the rights of beneficiaries in member service agreements, handbooks, manuals, pamphlets, and post in prominent locations, as appropriate. The grantee must also notify the public in recruitment material and application forms that it operates its program or activity subject to the nondiscrimination requirements. Sample language, in bold print, is "This program is available to all, without regard to race, color, national origin, disability, age, sex, political affiliation, or, in most instances, religion." Where a significant portion of the population eligible to be served needs services or information in a language other than English, the grantee shall take reasonable steps to provide written material of the type ordinarily available to the public in appropriate languages. 2. Records and Compliance Information. The grantee must keep records and make available to CNCS timely, complete and accurate compliance information to allow CNCS to determine if the grantee is complying with the civil rights statutes and implementing regulations. Where a grantee extends federal financial assistance to subgrantees, the subgrantees must make available compliance information to the grantee so it can carry out its civil rights obligations. Obligation to Cooperate. The grantee must cooperate with CNCS so that CNCS can ensure compliance with the civil rights statutes and implementing regulations. The grantee shall permit access by CNCS during normal business hours to its books, records, accounts, staff, members, facilities, and other sources of information as may be needed to determine compliance. G. GRANT PRODUCTS 1. Sharing Grant Products. To the extent practicable, the grantee agrees to make products produced under the grant available at the cost of reproduction to others in the field. 2. Acknowledgment of Support. Publications created by members or grant-funded staff must be consistent with the purposes of the grant. The AmeriCorps logo may be included on such documents. The grantee is responsible for assuring that the following acknowledgment and disclaimer appears in any external report or publication of material based upon work supported by this grant: 21 Item # 11 Attachment number 6 \nPage 2; "This material is based upon work supported by the Corporation for National and Community Service (CNCS) under AmeriCorps Grant No. . Opinions or points of view expressed in this document are those of the authors and do not necessarily reflect the official position of, or a position that is endorsed by, CNCS or the AmeriCorps program." H. SUSPENSION OR TERMINATION OF GRANT Regulations related to CNCS's authority to suspend or terminate this grant are contained in 45 CFR § 2540.400. In addition, a grantee may suspend or terminate assistance to one of its subgrantees, provided that such action affords the subgrantee, at a minimum, the notice and hearing rights described in 45 CFR § 2540.400. L FIXED AMOUNT AWARDS Fixed Amount grants are not subject to the Federal Cost Principles. For Education Award (EAP) programs, the fixed federal assistance amount of the grant is based on the approved and awarded number of full-time (MSYs) members specified in the award. For full-cost and Professional Corps Fixed Amount grants the fixed federal assistance amount of the grant is based on the approved and awarded numbers of full-time members and their completion of their terms of service. For EAPs, the final amount of grant funds that the grantee may retain is dependent upon the grantee's notifying CNCS's National Service Trust of the members that it has selected (but not limited to the number of inembers allotted to the grantee as specified in the award). All such members must carry out activities to achieve the specific project objectives as approved by CNCS. At closeout, CNCS will calculate the final amount of the grant based on Trust documentation. CNCS will recover any amounts drawn down by the grantee in excess of the final grant amount allowed based on member selection documentation in the Trust. For all other Fixed Amount grants, the grantee may draw funds from the HHS Payment Management System based on the number of inembers who complete a full term of service or if the member leaves before completing service, a pro-rated amount based on hours served. Full- cost and Professional Corps programs may draw up to 20% of the funds within the first two months to cover start-up costs (recruitment and application, training, criminal history checks, etc.). Funds drawn after that should be based on the number of inembers on board at the time and the percentage of hours completed. Annually and at closeout, CNCS will calculate the final amount of the grant for the year or entire project period (at closeout) based on the number of successful completions of terms of service (as certified by the program) as well as the hours served in terms of service which were not certified as successfully completed. J. TRAFFICKING IN PERSONS This grant is subject to requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104). 22 Item # 11 Attachment number 6 \nPage 2: 1. Provisions applicable to a recipient that is a private entity. a. You as the grantee and your employees may not: i. Engage in severe forms of trafficking in persons during the period of time that the grant is in effect; ii. Procure a commercial sex act during the period of time that the grant is in effect; or iii. Use forced labor in the performance of the grant. b. We as the federal awarding agency may unilaterally terminate this grant, without penalty, if it, i. Is determined you have violated a prohibition in paragraph (a.) of this grant term; or ii. Has an employee who is determined by the agency official authorized to terminate the grant to have violated a prohibition in paragraph (a.) of this grant term through conduct that is either: (a.) Associated with performance under this grant; or (b.) Imputed to you using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement)," as implemented by our agency at 2 CFR Part 2200. 2. Provisions applicable to a grantee other than a private entity. We as the federal awarding agency may unilaterally terminate this grant, without penalty, if it — a. Is determined to have violated an applicable prohibition of paragraph (1.)(a.) of this grant term; or b. Has an employee who is determined by the agency official authorized to terminate the grant to have violated an applicable prohibition in paragraph (1)(a.)(i.) of this grant term through conduct that is — i. Associated with performance under this grant; or ii. Imputed to you using the standards and due process for imputing conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR Part 2200. 3. Provisions applicable to any grantee. a. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (1.)(a.) of this grant term. b. Our right to terminate unilaterally that is described in paragraph (1.) and (2.) of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this grant. 23 Item # 11 Attachment number 6 \nPage 2� You must include the requirements of paragraph (l.)(a.) of this grant term in any sub- grant you make to a private entity. 4. Definitions. For purposes of this grant term: a. "Employee" means either: i. An individual employed by you or a subgrantee who is engaged in the performance of the project or program under this grant; or ii. Another person engaged in the performance of the project or program under this grant and not compensated by you including, but not limited to, a volunteer or individual whose service are contributed by a third part as an in-kind contribution toward cost sharing or matching requirements. b. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. c. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR § 175.25. ii. Includes: (a.) A nonprofit organization, including any non-profit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR § 17525(b). (b.) A for-profit organization. d. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102). K. CENTRAL CONTRACTOR REGISTRATION (CCR) and UNIVERSAL IDENTIFIER REQUIREMENTS Requirement for Central Contractor Registration (CCR): Unless you are exempted from this requirement under 2 CFR § 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. 2. Requirement for Data Universal Numbering System (DLTNS) Numbers. If you are authorized to make subawards under this award, you: a. Must notify potential subrecipients that no entity (see definition in paragraph 3. of this award term) may receive a subaward from you unless the entity has provided its DLTNS number to you. b. May not make a subaward to an entity unless the entity has provided its DLTNS number to you. 24 Item # 11 Attachment number 6 \nPage 2: 3. Definitions. For purposes of this award term: a. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site (currently at http://www.ccr.�ov). b. Data Universal Numbering System (DLTNS) number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DLTNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fed�ov. dnb.com/webforin). c. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: i. A Governmental organization, which is a State, local government, or Indian Tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; and v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. d. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. ----210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"). iii. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. e. Subrecipient means an entity that: i. Receives a subaward from you under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. L. TRANSPARENCY ACT AWARD TERM (for Grants and Cooperative Agreements of $25,000 or More) Reporting Subawards and Executive Compensation: 1. Reporting of first-tier subawards. a. Applicability. Unless you are exempt as provided in paragraph 4 of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph 5. of this award term). b. Where and when to report. 2s Item # 11 Attachment number 6 \nPage 2i i. You must report each obligating action described in paragraph 1.a. of this award term to htt�://www.fsrs.�ov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) c. What to report. You must report the information about each obligating action that the submission instructions posted at htt�://www.fsrs.�ov specify. 2. Reporting Total Compensation of Recipient Executives. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if-- i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received-- (a.) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR §170320 (and subawards); and (b.) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR §170320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at htt�://www.sec.�ov/answers/execom�lltm.) b. Where and when to report. You must report executive total compensation described in paragraph (2.)(a.) of this award term: i. As part of your registration profile at htt�://www.ccr.�ov. ii. By the end of the month following the month in which this award is made, and annually thereafter. 3. Reporting of Total Compensation of Subrecipient Executives. Applicability and what to report. Unless you are exempt as provided in paragraph 4. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if-- i. in the subrecipient's preceding fiscal year, the subrecipient received-- (a.) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR � 170.320 (and subawards); and (b.) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards; and 26 Item # 11 Attachment number 6 \nPage 2 ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.�ov/answers/execom�.htm.) b. Where and when to report. You must report subrecipient executive total compensation described in paragraph 3.a. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. 4. Exemptions. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: a. Subawards, and b. The total compensation of the five most highly compensated executives of any subrecipient. Definitions. For purposes of this award term: a. Entity means all of the following, as defined in 2 CFR Part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. b. Executive means officers, managing partners, or any other employees in management positions. c. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. ---- .210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. d. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 2� Item # 11 Attachment number 6 \nPage 2� Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR § 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 2g Item # 11 I<It�TIPC7�AL C�" �� Attachment number 6 \nPage 2! �2a1 New York R�nue, r� Was#r��an, D�G 2��25 2ti2-fidifi-5[90Q Hat�+�nal5erv�c�y�av Gran�t Prngran� +�i�i� Ri�his ar�� Ic��n-H�r�ssm��tt Po��cy .i he �:rarp3r�tiis�i� f�r i�fatiaznal �a�rci � crrslmun��y Servic� (C:tvC�Sj has x� ro t�l�ran�� tt�r t�� hara�sm�a�t of �rty in��suicivaI esr grcaaap c�f xnc�ivicivats for an}� reasan. �'?*dC'� is ce��mit:tea9 t� �t�atiza� aid gcrsc+r�� wetYa d��nity anc� re�sp�c°t ::I`JC5 prc3h�Lr�Es a�r fdrms df dist�rirnzz�aEi�sn ba5ecl u�pn raee, e c�It�€, naiic�raal vri�in, �erscier, a�e. r�lF�ian. �exuat c�rGe��t��bn, dssa€�ilik��, ��nd�r ider�iit�= nr expte�si�n, �oiiki�al affil`saEiaaa. n�arstai c>r �ar�ntat �halta�, e�� a�ial6t�rv servi�e±. ��I[ prc�gran�s a�rs�inistere� i�y. c�r receiving Fr�c�eeafl �s �ancaaC �ssi�l�Ttc� frarn Ct�?CS, musc he free fra�a� a�l farn�s �f h�ra�sment. �hhetlaer in CiVC� tafiic�� ar raYt�pus�s, f� csth�r se�wic�-r�lateci s�ttrta�s s�ch a� irauaing s��s�a�ns cra� s�rvdct sites, �ar �t ser�iceyreCate� sc�e€�� ev�n�s, �uch harassmeni is un�cEeqata�l�. �'�ny sueI� Ig��•a�.ss��rst, i# f�un�, arill r�sult ua Fnzmec#iate c�rretEii�� ctit�n, u}� ia a,n�-k incluc�rng remerv�l «r tertaxiaratioxr c�f �a�y CtsIC�`.s em�aCc+y� ar v�lu�t��=� r. T�ec�pi�nl�s ca€ f=ea�er�t f`i�anria! ussi.stai�e��, l�e they i�7.1i�,riduai�, cas��;ani-r�t•io�is, pr��gw�ams z�at€l,�crr prajects ar� aY4cs suhje�t te� lf7is zer� tnleraizce �41icy. Wtu^re � violalimp-� is founGi, anc� suE��4t Ccs re�ulaCt�s� ��rtrce�lur�s, ap�ra3yrfat� ccrrrective ac€�a�n wi�l b� t�aken, u}� t� �rv�i fnc�udi�ag tern�ir¢a�a�rn af 1°�dQrad fin�nci�1 ass�stance frc�nj �Il S��deral sourc�s- S�urs aP�c� oth�:r c=�r6ai �ar �hti�s�ca� cnneiuci r�B�t�n� t�i �cr inr�a�Fa�ival's �eitieie�, rar�„ ti:thni�iEy�, r�tig,a`c�s�, scxuat arie�tia�n� tar �ny athcr l�asis �onslit�tte ltara�;snten# ws�l�en it i��s lhe �rur��as� tar eff�ci af infcrE'erts�� uitl� sc�rwic� ;a�rf�r�r��r�c� s�t� cr��1�c�� n antirz3sciatia7�, hnsf�9c, or [�ff��rsav� sc:rvice envirnt�tner�€. �I�rassn�e�,t ii�cIucies, tatzt is t�cst Ix�tit�c� ��. explic�i �r inapl'acit de�nands �epr s�xual favors: pressure f�r cia��s; d�)ib�i°�ie tcrucl�aia�, lea:�in� aver, c�a �r�rncrv�� caffensive feasi�a�, jc�i�e�, rttn�rE�s, c�r quest�c�s�s; tefta�rs, �ai�c�s�e calls, ur t�istnL�aaEaca� t�r d'asplray oE �tferjsive �tateriaLs, taffensive tacs'ks r�a �;esYa�res, �ct�cl�a�, raceaf. �ti�nic, nr r� li�aca�es ks�itiri�;� physicaI ass��.IC� �r �kh�r ttbre�ienin� 1a�hauinr, uc c3e�aeean�n�;, cteb�sirti� or abus�ve c n�ttrnent� ar act�€�i�s th�t inkimatlat�. C'�tC:� �tcses nbt toler�tc h�r�sscns nt Uy aar}�oz�� ia�clead�t��; ��r�nr�s crf tlae san�e c�a dz`ff�rent races, stx�s. relagz�r�s, c>r et@xnEc c�rigsns; �r frtsm � C��V�� mp4crye� rrr supc�rvi5or; a�RC��.rt, tar siYe ers�plca�;e€ rxr �u}�ervisssr„ a nffn �ntp(oye� (e.�;., clier�k), a cc�-wvcark�r c�r servace araeFnbcr. 1�xpcc# �uperv�s�rs aaiei tnana�ers e�f C�'+�C:�> }�rc�grarrr� an� p�•o}ecis, �n�hc�t macic aFVare oialle��fl h�r;�s�ras�aaf Gy eu�p��yees, sr:t•vsce }�art�cip�itis, ar ath�r ans#rvrduafs. kc� i�aame.t6iats Iy t�ke s�•s�t artd �p�are�priat� actiar�. CPVC�a wil� not d�l�ra�= retaliafian a��s'nst a persc�€a whn raises k�aragsmc nt ccancc:rns in �e�fld f�ath. r�tay �IVC� ernp�c�y�� vhv vicrlake� ihis ��licy �vi1l �� sula��t t€� c�iseipline, up �c� a+ntt znc:ludl�a�; kerrrsin��a�s, at�ci atay� grant�e tlaa�t �c.rrn�ls harassr�tet�E i�3 ��ic;laEic�n caF this }�c�lie� wilC i�u sui��ct te� a frrtciin� �d nnn-ct�nipli�aroc� �snci ac�znira�str�tis•� pr�cer�ures tk�a€ n�av resuZt in k�:rntin�tst�n c�t I=�deral f`v�atscral as�ist�a�r� frc�na C�T*�� and �ll �t�er i^ederal a��ncies, A�rv g��rsait sM1�i�c� �e�ieves L1taE 31t, or sk�� Iaas b��n cliscri�natsak�t3 ��;�in4l �r1 w=aoflatien ta# eivil ri�la'..s Iaws, regulaYiat�s, ar ti7i� pplicp, or in r�tali�tiaaa f�i r�ppc��itic�n tr� �iiserin�sn�iis�n ar partic�p�€ic�rr 'sn dfscrarr�i�aatiean cc�cnplain� }�rtxPe:c��rs�s (c.�;., as � r,�a�a�tait�aa�t �r watn�ss) zra any :"Pv'C"S �rp�r�n� sa�� praj��l, rn�v ra�s� his a�r t�r cni�c �rns �w3t1� t�ur C7fiice ai ��usl Ita�;f�ts a��s� IncIusive�ss {iJCl�i}. I7i�criminataon c�airn� nc�f Ls�rau�hi �cs the attetrei�t�n c�i C7(FIt[ watti'an 45 ciays af l�eir aec�srr�n�e t�x�y noi I�c a�cepted ies a fr�r�na4 ce��7i}ala�s't of �li,scrrn�z�7�ti�xa�. l�q o�ie casa Er� reqa�ired ta z��e a pr�gram, �ro��ct �r spcanscar cia��u�e resal�zlia��ti �arocc:€iure Gefurc cc3�3taciing �?C2�1. Tf �rttc�th�r �rc��cdure is usetf. it tit��s nc�t aEfea l the= �S-��y �rn� l�mit. f7C'i{f cia�y b�: r�acl7ed at �ZQ�J bUf��•7�U3 (vQit:}. ��(}2) 6i1�:3�}i? �"fi'4'j. ��+�s��.�U1•', �r ihr��u�;S1 ��s,�.u.dxahr�it sl�ervtc�,�. { � � � a/ 51 z�� l��-�-� C�alcA tN�ndy S�enc�,�ieC Ex�tul�if� 4�fficer D�SASiER�£RVICES I E�i3t�0i�ICqPPQRIUNIT�" 1�p�JCRdit�PJ 1 ENYIRV}F1�IEN�ALSTEWAR[}�HIP I NEAiTHY�UTt1RES I VETE�A�ISAND�PI�.[iARYFA�111ES A�ERIGflR'P; � 5EHl�R G{3RPS I' S(1CIRL iNl�fl�lAT14�! F�1�la 29 Item # 11 VOLUNTEER PLORIDA Attachment V Item # 11 Updated: U6/12 VOLUNTEER PLORIDA Attachment V Item # 11 Updated: U6/12 VOLUNTEER PLORIDA Attachment V Item # 11 Updated: U6/12 Attachment number 8 \nPage 1 aTTacxMENT vl Amendment Number This amendment is made BETWEEN The Governor's Commission on Community Service 401 South Monroe Street Tallahassee, Florida 32301 referred to herein as the "Commission" AND City of Clearwater on behalf of Clearwater Police Department 645 Pierce Street Clearwater, FL 33756-5400 referred to herein as the "Provider" amends 2012-2013 Contract for AmeriCorps Clearwater 1. Section , Paragraph is hereby amended to read: 2. This amendment shall begin on , or on the date on which the amendment has been signed by both parties, whichever is later. 3. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. 4. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. 5. This amendment and all its attachments are hereby incorporated into and made a part of the above cited contract. IN WITNESS THEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Countersigned: George N. Cretekos Mayor Approved as to form: CITY OF CEARWATER, FLORIDA : William B. Horne II City Manager Attest: Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk Item # 11 THE GOVERNOR' S COMMISSION ON COMMUNITY SERVICE d/b/a VOLUNTEER FLORIDA I� Chester W. Spellman Chief Executive Director Date: Attachment number 8 \nPage 2 I[�'ii�:�iil VOLUNTEER FLORIDA Invoice Worksheet Attachment number 9 \nPage 1 Attachment VII Effective: 7/6/12 VOLUNTEER FLORIDA Invoice Worksheet Attachment number 9 \nPage 2 Attachment VII �lla��i:�� Effective: 7/6/12 City Council Agenda Council Chambers - City Hall Meeting Date:12/20/2012 SUBJECT / RECOMMENDATION: Approve a contract (Purchase Order) for $196,992.00 to Trekker Tractor of Tampa, FL for three Case 580SN Backhoes, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement; and authorize the appropriate officials to execute same. (consent) SUMMARY: The three backhoes will be purchased through the Florida Sheriffs Contract 11-19-0907, specification 67 and quote dated October 23, 2012. The backhoes will replace G1245 (1994 Case Backhoe), G2106 (1999 Case Backhoe) and G2544 (2002 Case Backhoe). G1245 is assigned to Engineering. G2106 and G2544 are assigned to Public Utilities. Each Tractor has various functions that the Departments utilize. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0316-94241-564100-519- 0000 Bid Required?: Other Bid / Contract: Review Approval: $40,974.34 10/ 1 /2012 to 11 /30/2013 Amount $196,992.00 No Florida Sheriff s Association #11-19- 0907 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment L/P CIP Bid Number: Bid Exceptions: None $3,406.00 $44,3 80.34 None Cover Memo ��11�:�� City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:12/20/2012 Award a Contract (Purchase Order) for $37,618.00 to Autoway Chevrolet of Clearwater, FL for two 2012 Ford Fusions for conversion to Compressed Natural Gas (CNG) and authorize the appropriate officials to execute same. (consent) SUMMARY: These cars will be purchased per the quote dated December 4, 2012. Staff received three quotes for these cars and Autoway was the lowest quote. The City must purchase the 2012 Ford Fusions so the CNG kits will install without any problems; these kits will not fit the 2013 Ford Fusion. These cars are located at the Company's Autoway Ford Dealership. Autoway Chevrolet will move these cars from their Ford location to Clearwater and hold them until December 21. These cars are not in the Garage Replacement Fund for 2012/2013. They will be additional to Clearwater GAS inventory. The current cars assigned to the administrative staff is G2963 (2005 Ford Crown Victoria with 73,000 miles) and G2965 (2005 Ford Crown Victoria with 67,000 miles). The two Ford Crown Victorias will be assigned to the Sales Staff for their use and can be used by other GAS employees when an extra vehicle is needed. The Sales Staff drive their personal vehicle now. These cars could be used by staff in other departments as needed. A first quarter budget amendment will establish capital project 315-96388, Gas Administrative Vehicles, with a budget transfer of $37,618 of gas revenues from the Gas operating fund. Type: Purchase Current Year Budget?: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-96388-591000-532- 0000 Bid Required?: Other Bid / Contract: Review Approval: $37,618.00 10/ 1/2012 to 9/3 0/2013 Amount $37,618.00 No Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Cash Purchase Bid Number: Bid Exceptions: Yes $6,306.00 $43,924.00 None Cover Memo �Ei�'ii�:�iEL3 SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date:12/20/2012 Approve funds in the amount of $121,690.00 far the repair of a concrete baffle wall and the application of a liner to the baffle wall in the 5 million gallon starage tank at Water Treatment Plant 3, perfarmed by GML coatings. (consent) SUMMARY: The baffle wall inside one of the 5 million gallon (MG) ground storage tanks at Water Treatment Plant 3 is concrete. It is showing early signs of wear and corrosion. To avoid a future, costly repair due to disintegration, it is necessary to coat the baffle wall to prevent further damage and to prolong the lifespan of the asset. The purpose of the baffle wall is to lengthen the time the water is exposed to the disinfection treatment chemicals and to ensure proper mixing. Without the wall, the exposure time is not enough to satisfy the Safe Drinking Water Act (SDWA) regulations for disinfection contact times (CT) ar meet required drinking water standards. In the past, due to the disinfection process, the grout on the concrete wall in the mixing chamber at Water Treatment Plant 1 was eaten away by the treatment chemicals. This caused the chamber to spring leaks in many areas. Far the repair, Public Utilities successfully used GML coatings. This chamber has shown excellent chemical resistance to chlorine as well as protection against the corrosive environments. Because of the product's properties, the chamber is estimated to last upwards of 20 years from application time. GML coatings are certified safe far potable water applications meeting (NSF-ANSI 61-5 Standards). To properly use the material, the wall must be sandblasted to a bare surface, primer applied, and then the restorative coating applied. The GML is a proprietary protective coating and not sold through vendars. This is a Sole Source item. Contract work includes sandblasting, power washing the surface, removal of all sand and debris, rebuilding the substrate, applying a two-part primer, and application of the GML coating to a thickness of 80-100 mils. Sufficient budget and funding is available in Utility R and R revenue in 0327-96721, System R and R to fund this project. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $121,690.00 Not to Exceed: For Fiscal Year: 2012 to 2012 Appropriation Code Amount 0327-96721-563800-533-000- $121,690.00 0000 Bid Required?: Other Bid / Contract: Review Approval: No Budget Adjustment Annual Operating Cost: Total Cost: Appropriation Comment FY12/13 Bid Number: Bid Exceptions: None $121,690.00 FRP #25-10 Sole Source Cover Memo �[iail�:�iC! City Council Agenda Council Chambers - City Hall Meeting Date:12/20/2012 SUBJECT / RECOMMENDATION: Approve funds in the amount of $577,500 for the purchase of copper corrosion control chemical, per bid 47-12, over a 3-year period, to SPER Chemical, who is the most responsive bidder meeting all the bid requirements, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater utilizes a long chain polyphosphate chemical to control corrosion in the water distribution system. Controlling corrosion helps both the water system and the wastewater system meet Florida Department of Environmental Protection (FDEP) regulations concerning copper levels in drinking water (FAC 62-550.800 — Lead and Copper Rule) and in wastewater (FAC 62-601.300). SPER Chemical has been providing this chemical to the city far 25 years. SPER also provides value-added services such as water system testing to verify dosage and an annual repart showing chemical usage and cost. Additionally, SPER provides an inventory management system to ensure proper and timely delivery of product. Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-02053-551000-533-000-0000, Water Production operations, to fund $144,375.00 of the Fiscal Year 12/13 cost of this purchase arder and is planned in the budget request to be brought farward far Fiscal Year 13/14 in the amount of $192,500.00, Fiscal Year 14/15 in the amount of $192,500.00, and Fiscal Year 15/16 in the amount of $48,125.00. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment: Budget Adjustment Comments: Current Year Cost: $144,375.00 Annual Operating Cost: Not to Exceed: $577,500.00 Total Cost: For Fiscal Year: Appropriation Code 0421-02053-551000-533-000- 0000 0421-02053-551000-533-000- 0000 0421-02053-551000-533-000- 0000 0421-02053-551000-533-000- 0000 Bid Required?: Other Bid / Contract: Review Approval: 12/13 to 15/16 Amount $144,375.00 $192,500.00 $192,500.00 $48,125.00 Yes None $192,500.00 $577,500.00 Appropriation Comment FY12/13 FY13/14 FY14/15 FY15/16 Bid Number: 47-12 Bid Exceptions: None Cover Memo �[iail�:�iE•7 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:12/20/2012 Award a contract (purchase order) to R.A.M. Excavating, Inc., of Palm Harbor, Florida, for Druid Trail Phase III proj ect (04-0021- PR) in the amount of $1,239,219.06, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: Type: This project is the third of four phases for the Druid Trail Project. Phases I and ll have already been constructed from Clearwater Beach to East Avenue. Phase Ill will start at end of Phase ll(Turner Street and East Avenue) and end at Glen Oaks Park. Phase III will also connect the Druid Trail to the Pinellas Trail. City staff carried out a public meeting regarding the entire Druid Trail Project. The scope of Phase III is consistent with feedback received at the public meeting and with the existing two phases of the trail. Scope of work involves construction of an 8 ft. wide asphalt trail along the north side of Turner Street from the Pinellas Trail to Dr. Martin Luther King Jr. Avenue for approximately 1,620 feet; Construction of an 8 ft. wide asphalt trail along the east side of Dr. Martin Luther King Jr. Avenue from Turner Street to Druid Road for approximately 830 feet; and Construction of an 8 ft. wide asphalt trail along the north side of Druid Road from the Pinellas Trail to Betty Lane for approximately 4,320 feet. Construction also involves lengthening auxiliary travel lanes at various locations and an intersection improvement at Druid Road and Missouri Avenue, which includes roadway work, pedestrian refuse islands, signs, striping and pedestrian signals. Work will commence upon award and execution of the contract and will be completed within 180 calendar days. Ongoing maintenance of the trail will be provided by the Parks and Recreation Department. Street signage and pavement markings will be maintained by Traffic Operations with the exception of Druid Road and Missouri Avenue, which will be maintained by FDOT. Sufficient budget and revenue is available in Capital Improvement Program project 0315-92146, Druid Road Improvements, in the amount of $1,239,219.06. Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: $1,239,219.06 $1,239,219.06 2012 to 2013 Budget Adjustment: Annual Operating Cost: Total Cost: No $1,239,219.06 Cover Memo I[�'ii�:�i[� Appropriation Code 0315-92146-562700-541- 000-0000 Bid Required?: Other Bid / Contract: Review Approval: Amount $1,239,219.06 Yes Appropriation Comment See summary Bid Number: Bid Exceptions: 04-0021-PR None Cover Memo ��11�:�� i �� 't �il� � �, 1. .�, ; ��, � � 1� ;1; �. ' 1, 1 1 ICN()W f1L,I. ME� �I' 'TFIESE 1'�SE�1'TSe That �%e R.A.112. EXCA�IA'I'INGq I1�C. as Contractor and 1VIE12C�IE1N'TS �ONI)I1�1G COMPAI�tI' (Ii�iiJ'TUAI.) (Surety) whose home address is 210d FL,�LT12 I) VE, I)�S NIOIN�� Ii�Wr� 5Q321.�1�58 I-�E II�r�F'I`EI� CAI.I�EI) 'TI�E "Surety", are held and firmly bound into the City of Clearwater,� Florida (hereinafter called the "Owner") in the penal sum of: 0�1E 1VIII.LIOIV 'TWO I-�iJ�1D Ii� 'I'�II12�'�'��1II�E 'TI30IJ��.1�1D 'I'WO I3iJ�1I) D NINE'TEEN I)OI..I,ARS A1�Ii �IX CEN"�"S� (�1q239.219.06) for the payment of which we bind ourselves, our heirs, executors, administrators� successors, ar�d assigns for the faithful performance of a certain w�ritten contract, dated the day of , 20_, entered into between the Contractor and the City of Clea�water for: �I�LTII) 'T II. WA�..,I{WAI' (P�3ASE 3) I'120JEC'�" #: 04-0021�1'� a copy of whicil said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW 'I'�IE FO ,'I'I-�E C0�1I)I'I'IONS OF' 'I'I3IS O�L,IGA'TIOI�T A �IJCI�, that if the Contractor sh�Il in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the cantract documents (which include the Advertisement for Bids, Fo�n of Proposal, Form of Contract, F�rm of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Speeifications therein referred to and made a part thereof, and such alterations as rnay be made in said l��ans and Specifications as therein provided for, and shall indemnify and save ha�mless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligen�e or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or perforrnance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make paymea�ts to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractars, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contract�r and Surety jointly �nd severally agree to pay to the Owner any difference between the sum to which the said Contract�r would be entitled on the completion of the Contract, and that which the Owner may be obliged to �ay for the completion of said w�ork by contract or otherwise, & any damages, direct or indirect, or co�sequential, which said Owner may sustain on account of such wark, or on account of the failure of t�re said Contractor to properly and in all things, keep and execute all the provisions of said contract. Contract for Signatafre.docx Page fl of 14 7; 26,'2012 � ;�� . ; •� , . ��: �� :1�; - - - ---- �� And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect th� said Owner againsi, and will p�y any and all amounts, damages, costs and judgrrients w�hich rr�ay be recovered agarnst or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the perforrriance of said work, or of the repair or rnaint�nance thereof, or the �nanner of doing the same or the neglect of the said Contractor or his ager�ts or servants or the i�nproper perfor�nance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. � And the said Contractor and Surety hereby further bind themselves, their successors, heirs� executors, adrr�inistrators, and assigns, jointly and severally, to repay the owner any sum which the� Owner rnay b� coanpelled to pay because of any lien for labor material furnished for the work � embraced by s�id Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of tirne, alteratior� or addition to the terms of the contract or to the worlc to be performed thereunder or the specificatic�ns accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or io the work or to the specifications. I1�1 'T�S'I'IIVi�i��' W�IEI�OF, witness the hands and seals of the parties hereto this day of , 20_ � � ��. . 1. C�1 . , . • i : : � : .Frll�'IC�T7► ► Contract for Signatc�re.docx Page 2 of 14 7l26i2012 � ' This COI�1'I'1�C'I' made and entered into this day of �, 20_ l�y and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and R. A.NI. EXCAVA'TI�1G, II�C, of the City of DLTI�IEI)I1�1 County of PI�tEI�i.�i� and State of Florid�, hereinafter designated as the "Contractor'°. 1�� _ �.��:_� That the parti�s to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contracto�, and his or its successors, assigns, executors or administrators, in consideration of the� sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will a� iheir own cost and expense perform all labor, furnish all materials, tools and equipment for the� following: � II'+ :�1 ';' � �� . �,',I •� ��1� IF�� ., :. ;,�. � �� !� `. ��, � �� . � . : � ; . ,_ :� r �, � � � . ; �, f IF �� • � � .1 � � � ,�. : In accordance uTith such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part c�f this contract, and aIl of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlilce manner to the satisfaction of the City. If the Contractor should fail to corriply with any of the tertns, conditions, provisions or stipu��tions as contained l�erein within the time specified for completion of the work to be performed by the Contractor, th�n the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. �r' �. � � ,FI 1' 1=''� 1 1��: �� :, ' °I • � ; 1 1 : ; �. ' i . ' . ' 1 : 1- ", " 1 ' � ; • : , � , ,� �. � . . . ; � �; � . R 1 .� 1 `� �, 1 ; . , , � �Ir I = � ' € 1 , ��- 1; � 1 � -1 � �> , , . �. �.. - . �, . -�, : . ;. °�' �I � 1= • ;1 • � • ��% , � 1 �, R�, �.; F ;�. �, �: , �;. �.; . .: .,� °I ' �° '. . 1•, � •. �• �• � .; •,. �• ,. . � � . ; �... . • � .. ►. � ,. . ;� ; , � . ; ,� 1, I, � • ,, ; t� �. � 1 '.. . , ; � �, ., . , ,� . � � ;�; Contract for Sigraature.docx Page 3 of 14 7�'26r2012 CO�T CT (2) In addition to the foregoing provisions, the Contractor agrees �o conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate a�ainst any employee or applicant for employmeni because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, �apgrading, dernotion, or transfer; recruitmer�t or recruitrrient advertising; lay-off or termination; rates of pay or other forms of cornpensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for �mployees or applic�nts for employment, notices to be provided by the contracting officer setting fort� the provisians of tl�e non-discrimination clause. � � The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, includin� contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for� standard commercial supplies or raw materials. — It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 a�er dav for each day that the work to be performed by the Contracior remains incomplete beyond the time limit specified herein, which sum of �1q000.00 �er d� shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being furth�r agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perfortn all work within the time period as specified in this contract. It is fizrther muivally agreed between the City and the Contractor that if, any time after the execution of th�s contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any� iime deem the surety or sureties upon such performance bond to be unsatisfactory or if. for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Con#ractor shall, at his or its own expense, withi� ten (10) days after receipt of written notice from the City to do so, furnish an additional b�nd or bonds �n such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such �n event occurs, no further payment shall be made to the Contractor under the terrras and provisions of �his contract until such new or additional security bond guaranteeing the faithful performance o� the work under the terms hereof shall be completed and furnished to the City in a form satisiactorv to it. Contract for Signature.docx Page 4 of l4 7,�2612012 CO�T CT (3) II� V6�IT'1rTESS WI-�E1�OF, the parties to the agreement have hereunto set their hands and se�ls and have executed �his Agreemer�t, in duplicate, the day and year first above written. �, � � . . � �� - � �I: � �� _� �� •�; By: William B. Horne, II City Mana�er Co�antersigned: : George �. Cretelcos iVlayor (Contractor m�st indicate whethe� Corporation, Partnership, C��npany or Individual.) (Th� person signing shall, in his own handw�riting, sign the Principal's name, his own name, and his title; where the person is sagning %r a Corporaiion, he must, by Affidavit, show his authority ta bind the Corporation). (Seal) Attest: Rosemarie Call City Clerk Approved as to form: Camilo Soto Assistant City Attorney . (Contractor) f• �� a� � Contract for Signature.docx Page 5 of i4 7;26.-'2012 1 ., �,;. ;�, �. �, _ _ _._ . __ __. ___._. _�_._ __ . ___. �':�'�" � �� , I':� � �, � � ;�.. I, ; .1, �n this day personally appeared before me, the undersigned autho�ity, duly authorized to administer oaths and take acknowledgments, , who after being duly sw�rn, deposes and says: That h� is the (TITI,E) of 1�oA.�I. EXCAVA'TI1�1G INC., a Florida Corporation, with its principal place of business located at _ (herein, the "Contractor'°). � � That th� Contractor was the general contractor under a contract executed on the day of� , 20 with the CI'T�' OF CI,E�RWA'I'E12, F'I.Oi�II)A, a�nunicipal � corporation, as O�vvner, and that the Contractor was to perform the construction of: I t ' 1 : ' • , � , �' ;. �. , . � . � � : ', " That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That th� Owner �s hereby released from any claim which might arise out of said Cantract. The wc�rd "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien I�aw as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me This dayr of , 20 : ,� .• � ; My Commissi�n Expires: � ''' � Contract for Signature.docx Page 6 of 14 7/26�'2012 PRO�'OSAL B(?ND (Not to be fiiled out ifa certifieci checkis�subrnit�ted) 1i1�`OW�' A�,L lYiE�7 BY THES� YI��;5F;1�ITS: 'T')�at �ve, the undei-signed, R_A.Ma Excavati�, Inc. as �'rincipal, and Merchants Bondinq Com�any (Niutual) a� Strre*y, ��hc7's �idc�ress is 27.� �leur Drive Des Moines, Iowa 50321-1158 , are helcl and fir�nly bc��nd unta the Ciiy o.f�Clea�-�vuter, [ lviscia, i;� t��e su�� oF r`��g�' ��jC;t.4�;�_i��!� �T'4��.g1�•r ��? �; '�-��R%- `"I 9-lC:��pS �r�a,s� Dollars (� 0��-0� �� }(being a n��ninautn n�f 10% ��f C;onlp-�iet��r's t�t�l bid amount) �or the pay�r�ent' of �vhich, ��,�ell ai�d truly to be made. �ve :l�sreby jointly ar�d severaIly� bind ou�•selves, our heirs; executars, ads��ii�istratad-s, suc.cess�is as�d assibn�. The condiTic7n afthe abave obligation is sus:h th�t ii`tl�e attached T'r-oposai c�f R.AmP4_ Excavating, Inc. as k'rincipal, antl ts (P9utual) as Surety, fUr wo.rk specified as: ..M. . v�ioz�� r�c_��1 ��1.��,��:�� fPxa�E 3� rnor�;c�r #• o:a-oozr ra all �a; stipulated in said i'rop�s��l, by d�ii�g all �vorl� incicicntal thereto, in accorda��ce ��ith the plans und Specificatinns pr�vided hecefor, all t��ithin Pinellas County, is accr,i�ted and the cc�ntract aw�3rcled to tl�e above c�am�ci bid�es; and the said biddei• sh�il9 within ten days aftea� notice oF saic9 awa�•d enter into a contract; ii� w�riting, and Turnish the e•equired Pee•fc�o-i»�ince Borid tivitli sur�ty or sui•eties to be �pprnv�d by the City Managcr, this ubligation shall k�e vaicJ, otherwise the s�t:ne shall be in full force and vi�-tue l�y la�v and *he feill amUUnt �of ti7is .F're,posal �ond will be p�iid to t�ie City� as stipulaCed or }iqiiida;ecl dan��ages. � Si�n�ci this 29th c��y of �ovetnber (Principal ��ust indicate ��I�ether t;orpc�r�.�tion, partnership, company or inc�ivi�ival) "l,he�ersoa7 signing shall, in l�is own hand�vriting, si�n the P� incipa.l's name, his o>�n narrze a��d his title; the person signing for a corporation �nust, by afficiavit, shovr� }�is authority tc� bind tlle coypol�a�ion. 2f}12 . Section�'.dc�c i'z�ec 7 of 8�4 R.A.�. EXC�VATIAdG, INCa Pa•incipal , By: � � j� ^�'�� r�+ E _�- _ "I'itle �.1�.�__(G,�� '°�1 NIERCHAIl1�S II� C��'�' ' .� _._._ ..._ SUretv �v�� ,, - �� '�� 4� sy�;:: ��... � BY= � ~�`��` _ � �;��_. � � � � � � Wendy L�� Hinc�san . � Atto��g�-In-, Fact aiid Fle�: id� I2e�i��n� l�t (239}-275-82zo ?/2.E�12012 � BOI�DI.IVG �QMPAI�YTu �� OF AiiO N Y Know AU Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCFiANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of lowa (herein co9lectively called the "Companies"), and that the Cornpanies do hereby make, constitute and appoont, individua9ly, Robert Trobec, Wendy L. Hingson of Fort Myers and State of Florida their true and lawful Attotney-in-Fact, wlth full power and authority hereby conferred In their name, place and stead, to sign, execute,.acknowledge and deliver pn their behalf as surety any and al! bonds, undertakings; recognlzances or other written ob�igations fn the nature thereof, subject to the limitation that any such instrument shalB not exceed the amount of: EIGHT i'IILLIOIV (�5,000,000.00) DOLLARS and to bind th.e �ompanles thereby as iully and to the sarne extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney-in-Fact, pursuant to the authorAty herein given, are hereby rat�fied and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopied by the Board of Direc4ors Of the �ierchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants Nationas Bonding, lnc., on October 24, 2011. °'The Presldent, Secretary, Treasurer, or any Assistant Treasurer or any Assis#ant Secretary or any Vice President shall have power and authority to appoint Atdorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and ofher writings obligatory in the nature thereof, The signature of any authorized officer and the seal of the Cempany may be afiixed by facslmile or eBectronic transmission to any Power of Attor,ney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or oti�er suretyship obllgations of the Company, and such s6gnature and seal when so used shal! have the same force and effect as though manually fix�d." in Witness Whereof, the Companles have caused this instrument to be signed and sealed this 30th day of Julv , 2p�2 , .ST/aTE QF {oWfi COUNTY OF PaLK ss. y\ ��`1{•�� 4 V 1 ,yry��Y t� �+�P' • ��4y �'• �.� �-. °� �:�° ,�r, °.. ta�° t� ��*,r�.�7` ��yt.� � � �v� c�.�'.�'�i V oµ � P�.`�a'",�,� yF60rb�"c�'�,�a �+'a.. ea iC ..x6�M1x eo0..o.vo . ° oeN� , cp •. o � p ' .'�%A °. a �oy�a�P '9q�;,�� • �s . •�°��' -o- ^'� o a ��m 1�33 ��Co o J� •�� o e � •� • • �• •�1^ 0 b • J.. • ��p� • ,�+ , e••m.... MERCHANTS BONOING �OMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, fNC. �° Presrdent � � � � N � On thls 30th day of July 2012 before me appeared Larry Taylor, to me personally known, who being by me duly svaorn did say that he is President of the MERCMANTS �ONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDI6JG, INC.; and that the seals affixed to the foregoing instrument is ti�e Corporate Seals of the Companies; and that the said instrument was signed and sealed fn'aehalf of the Companies by authority of their respective Boards of Directors. In Testimany Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, lowa, the day and year first abo've written. $� I�AR,4�pA GREENWALi Commisslon Number 770312 � � o�p ' My Comm(ssion Expires October 28, 2014 Notary Public, Pofk County, lowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIno'VA� BLNDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY execut�d t�y� sa!d �ompan�ss; which is stiU in fuii force and effect and has not been amended or revoked. In Witness Whereof, i have hereunto set y hand and affixed the seal of the Cornpanies on this29tpg day of �OVem�Y' , 201�2 , ��acnaidr��y a e o e e o• ,�`,�,,,�tr��v��'�y,, .•' et�G,co'°. a`� ,�� . � . eo�o P . �A v�, • ;' �9 �,� y'��A' ° �p'g a•�..�OR Ol�,�•;�� e ,y � . �/ ,� erm : �6i i`n ; ,� e � G r�'. .�. • �� // �° � � v �6 q � � � � � • h : � - O - fn : ° F�i'!�!�•+o'tl�i''�.'�? , : �t �� '� � :�'•� 1933 ��; Secretary � E � � va. . .� ��ti. POA0014(11/11} '.�.i��•. ,..•a;�`R,�``�,•�'`` e•.9�,>i�y.. . ••`;��,o° se�0f+sten�ce1191�ti�4�� a. � e 0� 0 o e• • ,,; .;� �'O T'I-�E CI�'Y OF CI.EARV�ATER, FLOIdII)A, for DRiJiI) 'I'I2AIL �VALI�WAY (P�IASE 3) PROdECT #: 04-0021�PR and doing such other work incid�ntal thereto, all in accordance with the contract documents, markea DRLTII) TRAII� WAI�KWAl' (P�-IASE 3) PR��TEC'I' #: 04-0021-PR � Every bidder rnust tal<e notice of the fact that even though his proposal be accepted and the documents � signed by t�e bidder to ��hom an a��ard is made and by those officials authorized to do so on behal f� of � the Citv of Clearwates•, Florida, that no such award or signing shall be considered a binding contract a��i w-ithout a certificate from the Finance Director that f�ands are available to cover the cost of th� work to be done, or without the approval of the City Attorne}- as to the form and legality of the contract and all the pertine�it documents relating thereto having been approved by said City Attorney; and such bidder is hereby charged v�=ith this notice. The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties interested in this Proposal, are named in this Proposal, that he has carefully examined the Advertisement, ]nstructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conc�itions. Special Provisians, �nd Contract �3ond, that he or his representative has made such investigation as is necessary to determine the character and extent of the work and he proposes and agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form of contract; hereto annexed, to provide the necessary labor, Tnaterials, machinery, equipment, tools or apparatus, do al� the work required to complete the contract ��ithin the time mentioned in the General Conditions and according to the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the follo��ing prices to wit: �� SectionV.doc Page ]0 of 14 7/2612012 PROP()S�.L (2) If the foregoing Proposal shall be accepted by the City of Clea►-v��ater, Florida, and the undersigned shall fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may, at its option deterrsline that the undersigned has abandoned the cantract, and thereupon this Yropc�sal shall be null aB�d void, and the certified check or bond accompanyir�g this Proposal, shall be forfeited to beeome the pg�operty of the City of Clearwater, Florida, and the full amount of said check shal� be retained by the City, oT• if the I'roposal Bond be given, the full amount of such bond shall be paid to the City as stipulated or liquidated damages; other��ise, the bond or certified check accompanying this Pr�posal, or the amount of said check, shall be returned to the undersigned as specified herein. �, � Attached hereto is a bond or certified check on ��'�_�� ; ��, �� l� S� C�� r �� "� �� ..____ � Bank, for the sum of � _ , � _ �� C!,�1�_ �4��i;'��(��_� � � �� S'' �C��;,� _("�-f c��_aS�: r,>�'� ($ !�-�.;� �.�.�c_? ) �� (being a minimum of 10% of Contractor's total bid ainount). The full names and residences of all persons and parties interested in the foregoing bid are as follows: (if corporation, give the names and addresses of the President and Secr•eta�y. If firm or partnership, the names and addresses of the members or partners. The Qidder shall list not only his name but also the name of an}� person with whom bidder has any type of agreement ��-hereby such persan's improvements, enrichment, err�ployment or possible benefit, whether sub-contractor, materialn�an, agent, supplier, or employer is cantingent upon the aw�ard of the contract to the bidder). NAMES: ADDRESSES: ,-�� . � �-� � ` ) . p � '� � ;� �� Gt�'� �,�° _�� I �� -- a�� - � � �'" � �'i�'� ai,'tv ✓1 � f �v°,� S' �,� �a..�..i �..1 �L.'t �:w ��..7 � �"p� � (....:v �.�� l..,p 1 J � �� Signature of Bidder: (The bidder rr�ust indicate wheth Corporation Partnersh�p, Company or Individual). �� L�� SectionV.doc Page 1 I of 14 7f26:'2012 . �, , � , The person signing shall, in his ovvn handwriting, sign the Principal's name, his own name and his title. Vl%here the person signing for a corporation is other than the President or Vice-President, he must, by affidavit, shov�� his authority, to bind the corporation. Principal: �� _�` ��t�_� �a� w� �Gr,��; ��. � � By: ��`� � ��,� a>/ ��;� �: � , .. � Title: �(�.� � � i � ��'_ o�� r Business Address of Bidder: �� --( �� I�—�;�'/� f�r�-�' ��1,�- }J � �� °� City and State: ��.� �I�'� �v��r� �'i Zip Code � �� 7�J <�� Dated at � ;.�`-� !'�'"� , th�s ��! day of /� �� r' Sec4ionV.doc Pege ] 2 of 14 A.D., 20 1 �°�� 7l2G/2012 � � � a� � CI'I'Y OF CLEAI2W�TER AI)I)EI\TI)iJ�VI SI�EET ��o�cT: ��uT� �r�l�, w��,xw.�� rx�s� 3) pxoJ�cT #: oa-oo2l-rR Ackno�,ledgn�ent �s hereby made of the following addenda received since issuance of Plans and Specifications. � '� Addendum No. _� Date: E �� Addendum �Io. ,�Date: �; �,� � � �� °7 i1 ' s � � Addendum �io. �...__,� Date: �J --�. � - B �, Addendum I�;o. Date: Addendum No. Date: Addendum No. Date: Addendum �Io. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: ` �°;��!� �` `� �i l�'/$�7' G� �d� �,��'�,� (Name of Bidder) �'w`� �c��"�,�/l,� ��`-�-�'" (Signature of Officer) ;� 0 �'..� P �`� �= �'" % (Title of Officer) �,�`�a� e�' �,.� �� - ;�� , � •� (Date) SectionV.doc Page 13 of 14 7J26i2012 � � N � DRUID TRAIL PHASE 3 UV�4LIC�V,4Y rv �j �:s �%�%c� � C�. CONTRACTOR: r„ � BIDDER'S TOTAL 5 ' 1 �� I � � � ' � � (Numbers) BIODER'S TOTAL $—� �i � � i'l'1 i B� 1 f� o'� fil.(.loldcils�. � �.; '��° f—�=..' ..�,� �,r �/ n: l 11�- 1��, �( ° � � f � '��iTJ� ",-' l��l.s;'1;..,c/' %i,vCi ��eu'.,G%(�i��. N %�1;� �-�<r�.J C/ THE BIDDER°S 70TAL �4BOVE IS HIS TOTAL BBD BASED QN HIS UId1T PRICES AND � S LUMP SUM PRICES AND THE ESTIAAATED QUANTITIES REQUIRED. THIS FIGURE BS �( h �+ �� X �"C � FOR IPlFORMATIOPI ONLY AT THE TIME OF OPENItdG BIDS. THE CITY WILL MAKE THE TABULATIOPI FROM THE UPl1T PRICES AND LUNiP SUAA PRIGE BID. IF THER@ IS AN ERROR IN 7HE TOTAL BY THE SIUDER IT SHALL BE CHAP9GES AS ONLY THE UNIT PRICES APdD LUN1P SUIIA PRICE SHALL GOVERN. P:\CIw2036102m1Docs\Transportation\Phase 3- Specifications & Bid Documents\Druod Tradl PH 3 Bid Tab 11-29-12(BID ESTIMATE) � � � � N � DRUID TRAIL - PHASE III THURSDAY, NOVEMBER 29, ZO12 AWARD - THURSDAY, DECEMBER Z0, ZO12 DAVID NELSON CONSTRUCTION GATOR GRADING & PAVING KLOOTE CONTRACTING RAM EXCAVATING BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID 1 MOBILIZATION LS 1 $ 95,000.00 $ 95,000.00 $ 49,400.00 $ 49,400.00 $ 250,000.00 $ 250,000.00 $ 100,000.00 $ 100,000.00 2 MAINTENANCE OF TRAFFIC LS 1 $ 75,000.00 $ 75,000.00 $ 216,195.00 $ 216,195.00 $ 101,000.00 $ 101,000.00 $ 20,000.00 $ 20,000.00 3 SEDIMENT BARRIER LF 8253 $ 1.00 $ 8,253.00 $ 1.45 $ 11,966.85 $ 1.00 $ 8,253.00 $ 1.50 $ 12,379.50 4 INLET PROTECTION SYSTEM EA 6 $ 200.00 $ 1,200.00 $ 130.00 $ 780.00 $ 377.00 $ 2,262.00 $ 170.00 $ 1,020.00 5 CLEARING & GRUBBING LS 1 $ 125,000.00 $ 125,000.00 $ 107,930.00 $ 107,930.00 $ 338,556.00 $ 338,556.00 $ 27,250.00 $ 27,250.00 6 FURNISH & INSTALL SINGLE MAILBOX EA 13 $ 100.00 $ 1,300.00 $ 95.00 $ 1,235.00 $ 262.00 $ 3,406.00 $ 150.00 $ 1,950.00 7 REGULAR EXCAVATION LS 1 $ 150,000.00 $ 150,000.00 $ 65,820.00 $ 65,820.00 $ 100,000.00 $ 100,000.00 $ 5,275.00 $ 5,275.00 8 EMBANKMENT LS 1 $ 1,500.00 $ 1,500.00 $ 46,600.00 $ 46,600.00 $ 25,000.00 $ 25,000.00 $ 5,000.00 $ 5,000.00 9 STABILIZATION (TYPE B) SY 7052 $ 9.00 $ 63,468.00 $ 820 $ 57,826.40 $ 37.00 $ 260,924.00 $ 15.00 $ 105,780.00 10 OPTIONAL BASE, GROUP 3 SY 5006 $ 20.00 $ 100,120.00 $ 32.65 $ 163,445.90 $ 40.00 $ 200,240.00 $ 15.00 $ 75,090.00 11 OPTIONAL BASE, GROUP 10 SY 865 $ 60.00 $ 51,900.00 $ 48.85 $ 42,255.25 $ 52.00 $ 44,980.00 $ 52.00 $ 44,980.00 12 MILLING 1.5" DEPTH SY 5673 $ 4.00 $ 22,692.00 $ 3.75 $ 21,273.75 $ 3.00 $ 17,019.00 $ 3.50 $ 19,855.50 SUPERPAVE ASPHALTIC CONCRETE 13 (TRAFFIC A) (1") TN 275.3 $ 225.00 $ 61,942.50 $ 495.00 $ 136,273.50 $ 134.00 $ 36,890.20 $ 134.00 $ 36,890.20 14 TYPE S ASPHALT PAVEMENT TN 6392 $ 125.00 $ 79,900.00 $ 300.00 $ 191,760.00 $ 151.00 $ 96,519.20 $ 151.00 $ 96,519.20 15 CONCRETE DRIVEWAYS SF 14188 $ 4.00 $ 56,752.00 $ 425 $ 60,299.00 $ 5.00 $ 70,940.00 $ 4.50 $ 63,846.00 16 CONCRETE CLASS NS GRAVITY WALL CY 82 $ 600.00 $ 4,920.00 $ 563.00 $ 4,616.60 $ 605.00 $ 4,961.00 $ 500.00 $ 4,100.00 17 INLET (CURB) (TYPE P-9) (<10') EA 1 $ 7,500.00 $ 7,500.00 $ 4,120.00 $ 4,120.00 $ 5,878.00 $ 5,878.00 $ 4,480.00 $ 4,480.00 18 INLET (CURB) (TYPE P-5) (<10') EA 2 $ 7,500.00 $ 15,000.00 $ 4,545.00 $ 9,090.00 $ 5,878.00 $ 11,756.00 $ 4,092.00 $ 8,184.00 19 INLET (CURB) (TYPE P-69) (<10') EA 2 $ 7,500.00 $ 15,000.00 $ 4,915.00 $ 9,830.00 $ 5,878.00 $ 11,756.00 $ 4,240.00 $ 8,480.00 Item # 16 DRUID TRAIL - PHASE III THURSDAY, NOVEMBER 29, ZO12 AWARD - THURSDAY, DECEMBER Z0, ZO12 DAVID NELSON CONSTRUCTION GATOR GRADING & PAVING KLOOTE CONTRACTING RAM EXCAVATING BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 20 MANHOLES, P-7, PARTIAL EA 1 $ 4,200.00 $ 4,200.00 $ 420.00 $ 420.00 $ 5,328.00 $ 5,328.00 $ 3,958.00 $ 3,958.00 21 MANHOLE (ADNST) EA 3 $ 500.00 $ 1,500.00 $ 2,235.00 $ 6,705.00 $ 411.00 $ 1,233.00 $ 2,750.00 $ 8,250.00 DRAINAGE STRUCTURE - MODIFY 22 EXISTING EA 2 $ 1,500.00 $ 3,000.00 $ 2,375.00 $ 4,750.00 $ 3,128.00 $ 6,256.00 $ 3,000.00 $ 6,000.00 23 CONCRETE PIPE CULVERT (ROUND 18") LF 109 $ 75.00 $ 8,175.00 $ 156.00 $ 17,004.00 $ 118.00 $ 12,862.00 $ 32.00 $ 3,488.00 24 CONCRETE CURB AND GUTTER, TYPE 1 LF 3985 $ 12.00 $ 47,820.00 $ 10.95 $ 43,635.75 $ 13.00 $ 51,805.00 $ 14.00 $ 55,790.00 25 CONCRETE CURB, TYPE A LF 243 $ 12.00 $ 2,916.00 $ 11.85 $ 2,879.55 $ 15.00 $ 3,645.00 $ 17.60 $ 4,276.80 26 CONCRETE VALLEY GUTTER LF 66 $ 24.00 $ 1,584.00 $ 27.80 $ 1,834.80 $ 15.00 $ 990.00 $ 26.40 $ 1,742.40 27 HEADER CURB, 6" CONCRETE LF 9054 $ 11.00 $ 99,594.00 $ 10.70 $ 96,877.80 $ 13.00 $ 117,702.00 $ 11.65 $ 105,479.10 28 STRAIGHT CURB, 6" LF 561 $ 11.00 $ 6,171.00 $ 11.85 $ 6,647.85 $ 14.00 $ 7,854.00 $ 22.00 $ 12,342.00 29 CONCRETE SIDEWALK (4") SF 8372 $ 5.50 $ 46,046.00 $ 4.75 $ 39,767.00 $ 4.00 $ 33,488.00 $ 420 $ 35,162.40 30 CONCRETE SIDEWALK (6") SF 866 $ 5.50 $ 4,763.00 $ 3.45 $ 2,987.70 $ 5.00 $ 4,330.00 $ 4.50 $ 3,897.00 PATTERNED/TEXTURED 31 PAVEMENT/ASPHALT SY 3864 $ 20.00 $ 77,280.00 $ 19.85 $ 76,700.40 $ 19.00 $ 73,416.00 $ 20.00 $ 77,280.00 CONDUIT (UNDERGROUND) FURNISH AND 32 INSTALL LF 101 $ 12.00 $ 1,212.00 $ 620 $ 62620 $ 6.00 $ 606.00 $ 6.00 $ 606.00 PULL AND NNCTION BOX (F&I) (PULL 33 BOX) EA 9 $ 375.00 $ 3,375.00 $ 385.00 $ 3,465.00 $ 341.00 $ 3,069.00 $ 336.00 $ 3,024.00 34 PEDESTRIAN SIGNAL (2-WAY COUNTDN) AS 4 $ 1,200.00 $ 4,800.00 $ 1,540.00 $ 6,160.00 $ 1,365.00 $ 5,460.00 $ 1,447.50 $ 5,790.00 35 SIGNAL HEAD AUX (ALUM. PED) EA 4 $ 800.00 $ 3,200.00 $ 710.00 $ 2,840.00 $ 630.00 $ 2,520.00 $ 792.00 $ 3,168.00 36 LOOP ASSEMBLY TYPE A AS 4 $ 1,200.00 $ 4,800.00 $ 890.00 $ 3,560.00 $ 788.00 $ 3,152.00 $ 880.00 $ 3,520.00 37 DETECTOR, PEDESTRIAN W/SIGN ONLY EA 4 $ 150.00 $ 600.00 $ 160.00 $ 640.00 $ 142.00 $ 568.00 $ 137.50 $ 550.00 Item # 16 DRUID TRAIL - PHASE III THURSDAY, NOVEMBER 29, ZO12 AWARD - THURSDAY, DECEMBER Z0, ZO12 DAVID NELSON CONSTRUCTION GATOR GRADING & PAVING KLOOTE CONTRACTING RAM EXCAVATING BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 38 SIGNAL PED. ASSEMBLY REMOVAL EA 8 $ 100.00 $ 800.00 $ 55.00 $ 440.00 $ 47.00 $ 376.00 $ 82.50 $ 660.00 39 SIGNAL PED. REMOVAL EA 4 $ 200.00 $ 800.00 $ 55.00 $ 220.00 $ 173.00 $ 692.00 $ 27.50 $ 110.00 40 DETECTOR, PED. ASSEMBLY REMOVAL EA 8 $ 50.00 $ 400.00 $ 150.00 $ 1,200.00 $ 131.00 $ 1,048.00 $ 16.50 $ 132.00 41 SIGNAL EQUIPMENT MISC. REMOVE LS 1 $ 500.00 $ 500.00 $ 595.00 $ 595.00 $ 525.00 $ 525.00 $ 385.00 $ 385.00 42 PERFORMANCE TURF, SOD SY 3141 $ 3.00 $ 9,423.00 $ 2.00 $ 6,282.00 $ 3.00 $ 9,423.00 $ 5.00 $ 15,705.00 43 ROOT BARRIER LF 420 $ 5.00 $ 2,100.00 $ 16.40 $ 6,888.00 $ 10.00 $ 4,200.00 $ 12.00 $ 5,040.00 44 SINGLE POST SIGN (FURN & INSTAL) AS 21 $ 400.00 $ 8,400.00 $ 310.00 $ 6,510.00 $ 368.00 $ 7,728.00 $ 352.00 $ 7,392.00 45 SINGLE POST SIGN (RELOCATE) EA 11 $ 100.00 $ 1,100.00 $ 60.00 $ 660.00 $ 158.00 $ 1,738.00 $ 160.00 $ 1,760.00 46 SINGLE POST SIGN (REMOVE) EA 6 $ 50.00 $ 300.00 $ 50.00 $ 300.00 $ 79.00 $ 474.00 $ 38.50 $ 231.00 47 RETRO-REFLECTIVE PAVEMENT MKRS EA 256 $ 4.00 $ 1,024.00 $ 5.00 $ 1,280.00 $ 4.00 $ 1,024.00 $ 4.00 $ 1,024.00 Painted Pavement Markings, Standard, Black, 48 Message EA 2 $ 100.00 $ 200.00 $ 90.00 $ 180.00 $ 12.00 $ 24.00 $ 12.00 $ 24.00 49 Thermoplastic (Standard) (White) (Solid) (6") NM 0.749 $ 5,500.00 $ 4,119.50 $ 4,945.00 $ 3,703.81 $ 4,858.00 $ 3,638.64 $ 5,090.00 $ 3,812.41 50 Thermoplastic (Standard) (White) (Solid) (8") LF 526 $ 1.30 $ 683.80 $ 120 $ 63120 $ 2.00 $ 1,052.00 $ 2.00 $ 1,052.00 51 Thermoplastic (Standard) (White) (Solid) (12") LF 1564 $ 2.75 $ 4,301.00 $ 3.00 $ 4,692.00 $ 3.00 $ 4,692.00 $ 3.00 $ 4,692.00 52 Thermoplastic (Standard) (White) (Solid) (18") LF 119 $ 4.00 $ 476.00 $ 4.50 $ 535.50 $ 4.00 $ 476.00 $ 5.00 $ 595.00 53 Thermoplastic (Standard) (White) (Solid) (24") LF 746 $ 5.00 $ 3,730.00 $ 5.90 $ 4,401.40 $ 5.00 $ 3,730.00 $ 6.00 $ 4,476.00 54 Thermoplastic (Standard) (White) (Skip) (6-10) LF 120 $ 1.00 $ 120.00 $ 1.00 $ 120.00 $ 2.00 $ 240.00 $ 2.00 $ 240.00 55 Thermoplastic (Standard) (White) (Message) EA 1 $ 300.00 $ 300.00 $ 120.00 $ 120.00 $ 97.00 $ 97.00 $ 100.00 $ 100.00 56 Directional Arrows, Thermoplastic EA 15 $ 100.00 $ 1,500.00 $ 90.00 $ 1,350.00 $ 66.00 $ 990.00 $ 70.00 $ 1,050.00 Item # 16 DRUID TRAIL - PHASE III THURSDAY, NOVEMBER 29, ZO12 AWARD - THURSDAY, DECEMBER Z0, ZO12 DAVID NELSON CONSTRUCTION GATOR GRADING & PAVING KLOOTE CONTRACTING RAM EXCAVATING BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 57 Thermoplastic (Standard) (Yellow) (Solid) (6") NM 0.756 $ 5,500.00 $ 4,158.00 $ 4,965.00 $ 3,753.54 $ 4,778.00 $ 3,612.17 $ 5,090.00 $ 3,848.04 58 Thermoplastic (Standard) (Yellow) (Solid) (18") LF 241 $ 4.50 $ 1,084.50 $ 4.50 $ 1,084.50 $ 4.00 $ 964.00 $ 5.00 $ 1,205.00 59 Thermoplastic (Standard) (Yellow) (Skip) (6-10) LF 373 $ 1.00 $ 373.00 $ 1.00 $ 373.00 $ 1.00 $ 373.00 $ 2.00 $ 746.00 60 Water Meter, Relocate EA 0 $ $ - `� � - 61 Water Meter, Adjust & Modify EA 0 $ - ' $ - $ $ - 62 Replace Manhole Cover EA 6 $ 600.00 $ 3,600.00 $ 1,000.00 $ 6,000.00 $ 158.00 $ 948.00 $ 500.00 $ 3,000.00 63 Install Fire Hydrant EA 0 !, � - � - ' $ - � ; - SUBTOTAL (ITEMS 1-63) $ 1,306,976.30 $ 1,569,53825 $ 1,972,68921 $ 1,032,682.55 20 % CONTINGENCY $ 261,395.26 $ 313,907.65 $ 394,537.84 $ 206,536.51 TOTAL CONSTRUCTION COSTS $ 1,568,371.56 $ 1,883,445.89 $ 2,367,227.05 $ 1,239,219.06 Item # 16 � � � � 0 � \ � I o �<o> Q �' a �� y o I � � ° / � II � � � im � � w o ,, \C o ' �, ' � / N ; m / N , i;� a w i/�� Q a J � � � Attachment number 3\nPage 1 of 1 , , H U Public Works Administration a��fa �oQa 1�V,4L Kl�V,4 Y�F'H,4 SE 3 l Sect 89 Twn 29 South, Rng l5 Eost Sect 99 Twn 29 South9 Rng l5 East Sect l63 Twn 29 South9 Rng l5 Eost Sect l59 Twn 29 South9 Rng l5 Eost Sect l93 Twn 29 South9 Rng l5 Eost Sect l39 Twn 29 South9 Rng l5 Eost Sec t l 89 Twn 29 South9 Rng l 6 Eost \ P�o�ect Noo 09-002/-PR � > oe—o � OLDSM4F O i� s a } I ouneoin ,NQ , p I . e,.� ��'�� .� ..,E,..,�_� � ` - A`�� r�i � Eiv HAq80R t� � : $ W g � : ��.,� ., �5 �.,a.,, �.; � {�—�,�..�,,,., oo ,��E,L.o.,_,o .,.<, � � � � � UU = �: 7 a� �y a � � � BELLEAiR ,.,,� � ^- Va� � $ �f A eev°' �t ,�.E,..o � o,�. „ �,� �'r �$ i � 9 � v w�, �e�...-.�.o w � _— � ,� � ...�`L.. ' � }.o � �� H I��ECT eni I / �° � oa ENQ''PRU/ECT rPti�►SE 3J R ST. ORUID RD � ¢ � ¢ � � � � Q Q `i 2 �n W � g o Q w � � J �i J � � ; � . � w � � � . r z � � [AKE AvEll�/E � INiERSECTK1�y � iPr�asE 3i � W Z � #16 DRUID ROAD WALKWAY - PHASE 3 �� v �� S� /,�I� .� oF ryF = C/_ . �� 0 c� � � � �/ ; q 0�� =�P �, �i► �� -.q1'E R , _,.�� I� W�ETx�M 8745 Henderson road, Suite 220, Renaissance 5 Tampa, FI 33834 813.882.8366 FAX 813.884.5990 www.wadetrim.com �� ll ll �� George N. Cretekos Doreen Hock-DiPolito Jay Polglaze Bill Jonson Paul F. Gibson Bill Horne Michael D. Quillen, PE City Engineer Approved By Date Approved Engineer of Record: Lawrence I. Josephson, PE Florida Registration No. 38685 Certificate of Authorization No.: 3952 Building relationships on a foundation of excellence Mayor Seat 1 Councilmember Seat 2 Councilmember Seat 3 Councilmember Seat 4 Councilmember Seat 5 City Manager CITY HNGINEER MICHAEL D. QUII,LEN, PE #33721 REVISIONS Q SHEETS GN-1, L-1, C3-19 C3-2, C3-3, C3-4 /l/l4/l2 C3-5, C3-6, C3-7, C3-8, CO3-29 CD3-3,CD3-4 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:12/20/2012 Approve a proposal by Construction Manager at Risk Biltmore Construction Co., Inc. of Belleair, Florida in the amount of $498,096.00 for the Refurbishment of Pier 60, which includes alllabor and materials to complete concrete deck and support repairs, railing replacement and installation of a catwalk for the bait house, and authorize the appropriate officials to execute same. (consent) SUMMARY: On October 13, 2011, Kisinger Campo and Associates, an Engineer of Record for the City, performed an inspection on Pier 60. The basic structure was found to be sound, however several repairs were recommended to minimize water penetration into the concrete and avoid future problems. As part of this project, the wooden railing around the 2500-foot perimeter of the pier will be replaced with composite materials and stainless steel fittings. The bait house on the pier is currently inaccessible along a portion of its perimeter. This work will include the installation of a catwalk around the inaccessible portions to provide a work platform for maintenance activities. The construction duration for the proj ect is 180 days, commencing in January. The work will be staged to minimize interference with the use of the pier and any work during the spring break period will be conducted to allow continued access and use of the structure. The Marine and Aviation Department will be responsible for maintenance of the pier. Sufficient budget is available in the Capital Improvement Program proj ect 0315-93417, Pier 60 Refurbishment. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-93417-563 800-575-000- 0000 Bid Required?: Other Bid / Contract: $498,096.00 $498,096.00 2012 to 2013 � Amount $498,096.00 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment See summary Bid Number: Bid Exceptions: No $498,096.00 None Cover Memo Review Approval: Item # 17 . ,� , �_: � � � c� � � �r � t� � �r i C� � IVovember 30, 2d12 Mr. Scott Rice City of Clearwater Engineering Department P.O. Box 4748 Clearwater, FL 33758-4748 Re: Pier 60 Railings, Catwalk and Misc. Repairs Proposal Dear Mr. Rice: As per your request, subject to the Clarifications and Qualifications listed herein, the total cost to provide the work as outlined below is as follows: D:ESCRIPTION ` AM�UNT ( Pier 60 Remedial Work - Cost of Work � 1 Pre-stressed Slab Units/Utilities/Conduit 2 Concrete Wearing Surface 3 Expansion Joints 4 Conduit supports 5 Pre-stressed Concrete Piles 6 Reinforced Concrete Pile Caps 7 Reset vessel exclusion sign 8a Timber Railing Replacement—Timber Material 8b Timber Railing Replacement - Sales Tax on Materia) 8c Timber Railing Replacement - Installation (includes s.s. hardware 9 Cat walk @ bait house Subtotal 10 General Conditions, supervision 11 CM Fee, Bonds and Insurance 12 Contin�encv Total Proposal 1055 Ponc� de Leon Boulevard �elleair, Florida 33756 < 727-585-208d a Fax ?27-585-2088 39,070.00 25,045.00 9,800.00 1,710.00 10,000.00 10,050.00 1,360.00 111,398.00 6,733.88 133,914.12 60,000.00 $ 409,081.00 33,600.00 35,415.00 20,000.00 �•; �•. r,� ti � � � a� � J. Parker to S. Rice November 30, 2012 Page 2 of 9 Clarifications and Qualifications Owner and Construction Manager / Contractor agree notwithstanding any other covenant that, due to the special nature of this project, the Construction Manager / Contractor undertakes this work subject to the following special conditions, terms, and understandings: 1. Scope of Work Provide all materials and labor required to complete the following work on Pier 60: ti Prestressed Slab Units: � � • The metal utilities/conduits attached to the underside of the slab units are heavily � corroded with some areas having 100% section loss. Refer to photo 2. Several utilities attached to the underside of the slab units are improperly supported (utility hangers broken). Refer to photo 3. Scope of Work: Repair all corroded areas of the metal utilities/conduits. Properly support all utilities. • The following is a list of deficiencies noted in the prestressed slab units: The majority of the closure pours between the exterior slab units over the bents typically are cracked and delaminated up to full height (15in.) x 6in. wide and in some cases, no closure pours are present. Refer to photos 4 and 5. The lower south edge of Slab Unit 3-1 has a 9in. x 5in. x 1in. spall, 9ft. west of Bent 3. The upper east end of Slab Unit 5-1 has a 7in. x 4in. delamination. Refer to photo 6. . The patch over the transverse post-tension duct on the east face of 5pan 29 (south span in the T-section) has a 14in. x 9in. delamination. Refer to photo 7. Scope of Work: Repair all deficient areas in the closure pours over the bents. Repair the delaminated patch in the post-tension duci on the east side of Span 29 (south span of T-section). The following is a list of deficiencies noted in the concrete wearing surface over the prestressed slab units: • The concrete wearing surface of Span 1 at Abutment 1 has a 5ft. x 2ft. x 1/2in. spalled and delaminated area along the joint at the south end and a 4-1/2ft. x 1-1/2ft. delamination along the joint at the north end. Refer to photo 8. • The concrete wearing surface along the joint at Bent 2 has full deck width x up to 1/32in. wide transverse cracks along each side of the control joint. 1. Parker to S. Rice November 30, 2012 Page 3 of 9 � The concrete wearing surface along the joint at Bent 4 has intermittent deck width x up to 1/32in. wide transverse cracks on each side of the contro) joint. • The concrete wearing surface along the joint at Bent 6 has an intermittent deck width x up to 1/Sin. wide transverse crack along the west side of the control joint and a 15in. x 15in. delamination on the west side of the control joint at the south end. Refer to photo 9. • The concrete wearing surface along the control joint at Bent 8 has intermittent deck width x up to 1/32in. wide transverse cracks on each side of the joint. � The concrete wearing surface of Span 9 at the expansion joint at Bent 9 has a 30in. x 20in. delamination at the south end and a 34in. x 20in. delamination at the north end. . � o The concrete wearing surface of Span 10 at the control joint over Bent 10 has a full deck � width x up to 3/16in. wide transverse crack with minor "D" shaped spalls along the crack � up to 3/4in. deep. Refer to photo 10. � � • The concrete wearing surface of Span 12 at the contro) joint over Bent 12 has an 11ft. long x up to 3/16in. wide transverse crack extending north from the south edge of the wearing surface. • The concrete wearing surface of Span 12 has an 8in. x 4in. x 1/2in. spall with exposed steel, 11ft. from Bent 12 and a 1ft. x 2in. x 1/2in. spall with exposed steel, 17ft. from Bent 12. Both of the spalled areas are located at the north timber bridge rail. Refer to photo 11. • The concrete wearing surface of Span 15 has a 21in. x 5in. x 1/2in. spal) with exposed steel, approximately 11ft. from Bent 16, adjacent to the north bridge rail. Refer to photo 12. . • The concrete wearing surface along each side of the control joint at Bent 16 has deck width intermittent transverse cracks up to 1/8in. wide and a 6-1/2ft. long x 3/16in. wide transverse crack along the west side of the joint at the north end. . • The concrete wearing surface of Span 16 at the control joint over Bent 16 has a 2ft. x 6in. x 1-1/4in. spalled and delaminated area with exposed steel at the south edge of the wearing surface and a 5ft. x 4in. cracked and delaminated area at the north edge of the wearing surface. Refer to photo 13. � The concrete wearing surface of Span 16 has a 1ft. x 4in. x 3/4in. spall with exposed steel, 11ft. from Bent 16, adjacent to the north bridge rail. • The concrete wearing surface of Span 21 has a 4ft. x 1ft. delamination along the control joint at Bent 21 adjacent to the south timber bridge rail. Refer to photo 14. • The concrete wearing surface of Span 21 along the control joint over Bent 21 has an 18in. x 8in. x 1in. spalled and delaminated area at the centerline of the wearing surface. Refer to photo 15. � The concrete wearing surface of Span 21 along the control joint at Bent 21 has an 8ft. (ong x 1/8in. wide transverse crack extending south from the north edge of the wearing surface. Refer to photo 16. • The concrete wearing surface of Span 22 at the control joint over Bent 22 has a 1ft. x 9in. x 1/2in. spalled and delaminated area at the centerline of the wearing surface. J. Parker to S. Rice November 30, 2012 Page 4 of 9 • The concrete wearing surface of Span 22 adjacent to the north bridge rai) has a 1ft. x 3in. x 3/4in. spall with exposed steel, 9-1/2ft. from Bent 23. • The concrete wearing surface of Span 22 adjacent to the south bridge rail has a 30in. x 8in. spalled area with exposed steel, 6ft. from Bent 23. Refer to photo 17. • The concrete wearing surface of Span 24 adjacent to the control joint at Bent 24 has a full deck width x up to 1/4in. wide transverse crack. Refer to photo 18. • The concrete wearing surface of Span 25 along the expansion joint at Bent 25 has a 1ft. x 7in. delamination adjacent to the north bridge rail. • The south edge of the concrete wearing surface in Span 25 has an 11in. x 3in. x 3/4in. spall with exposed steel. � • The concrete wearing surface of Span 26 at the control joint over Bent 26 has a 5in. x � 3in. delamination at the south bridge rail and a Sin. x 3in. x 1/2in. spalled and � delaminated area at the north bridge rail. °� � • The concrete wearing surface of Span 26 adjacent to the north bridge rail has a 6ft. x 1ft. x 3/4in. spalled and delaminated area with exposed steel, 16ft. from Bent 26. Refer to photo 19. • The concrete wearing surface of Span 27 has a full deck width x up to 1/4in. wide transverse crack along the control joint at Bent 27 and an 18in. x 6in. delamination adjacent to the north bridge rail at Bent 27. � The concrete wearing surface of Span 27 along the open joint at Bent 28 (at T-section) has a 7ft. x 1-1/2ft. delaminated patch in the south half of the span and an 18in. x 6in. delamination at the north bridge rail. Refer to photo 20. • The concrete wearing surface of Span 30 (middle span of T-section) has a 33in. x Sin. x 3/4in. spalled and delaminated area with corrosion staining along the west edge, 3ft. north of Bent 31. • The concrete wearing surface of Span 31 (north span of T-section) has a 20in. x 4in. x 1/2in. spalled and delaminated area with corrosion staining along the east edge, 15ft. from Bent 32 (north end). Scope of Work: Repair all deficiencies in the wearing surface noted herein. Expansion Joints: The following is a list of deficiencies found in the expansion joints: The compression seal at Abutment 1 joint is twisted, torn and bulging slightly above the concrete wearing surface along its length. Refer to photo 21. The compression seal at Bent 3 joint is torn, twisted and missing in several locations. Refer to photo 22. The joint at Bent 5 is partially filled with sand and the compression seal has intermittent adhesion failures along the length. J. Parker to S. Rice November 30, 2012 Page 5 of 9 • The compression seal in the joint at Bent 7 has several minor tears and intermittent adhesion failures. � The compression seal at Bent 9 has a light accumulation of sand in the jaint. • The compression seal in the joint at Bent 13 has intermittent adhesion failures along the length, is twisted and bulging slightly above the concrete wearing surface. • The compression seal in the joint at Bent 15 has several minor tears and is bulging slightly above the concrete wearing surface. • The compression seal in the joint at Bent 17 has several minor tears and a 2ft. long section of seal is missing from the joint near the north bridge rail. Refer to photo 23. • The pourable joint seal in the joint at Bent 26 has intermittent adhesion failures and ti several minor tears. Refer to photo 24. � � Scope of Work: Repair the deficiencies in the expansion joints listed above. � Prestressed Concrete Piles: The following is a list of observations noted in the piling by the underwater inspectors: • The southwest corner of Pile 12-2 has a 30in. x 9in. x 1in. spal) with no exposed steel, 4ft. 5in. below the cap. • The north face of Bait House Pile 1 has a Sin. long x 1in. wide area of corrosion staining, 5ft. below the cap. • The west face of Bait House Pile 8 has a 4in. PVC pipe with a 2in. PVC pipe inside the 4in. pipe attached with hangers and stainless steel screws. This pipe has three hangers that are broken, allowing the pipe to move freely. Refer to photo 28. • The south face of Pile 27-1 has an 8in. PVC pipe attached with stainless steel clamps. . The north face of Pile 27-2 has a 1in. galvanized conduit attached with stainless steel clamps. • The north faee of Pile 28-2 has a 1ft. x 5in. x 1in. spall, 8ft. below the cap. Scope of 1A/ork: Properly secure the PVC pipe to the west face of Bait House Pile S. Reinforced Cancrete Pile Caps: The following is a list of deficiencies noted in the caps: • The southwest corner of the cap at Bent 2 has a 10in. x 7in. delamination. � There are two exposed form tie ends in the west face of Bent 9 cap at the south end and two exposed form tie ends in the south end of Bent 11 cap. Refer to photo 30. • Form boards have been left in-place on the bottom face of Bent 12 cap. Refer to photo 31. J. Parker to 5. Rice November 30, 2012 Page 6 of 9 • The west face of Bait House Cap 4(in-line with Bent 19) has a 30in. x 24in. x 4in. spalled and delaminated area with exposed rebar at the north end. The exposed rebar has approximately 3/4in. remaining section. Refer to photo 32. • The top west edge of Bent 20 cap has a 24in. x 20in. delamination at the north end. Refer to photo 33. • The northeast corner of Bent 22 cap has an Sin. x 4in. x 1in. spall. • The east face of Bent 25 cap has a 7in. x 5in. x 1-1/4in. spall at the south end. . The top east face of Bent 26 cap has an 8in. x Sin. delamination at the south end. Refer to photo 34. ti Scope of Work: Repair the list of cap deficiencies noted above. � � Channel: � � • The westernmost "VESSEL EXCLUSION" sign along the south side of the pier is out of vertical alignment. Refer to photo 35. Scope of UVork: Reset the westernmost "VESSEL EXCLUSIO(V" sign along the south side of the pier. Timber Railin� Replacement: • Remove existing PT wood railing members and install new recycled plastic lumber railing system to match as closely as possible the existing railing. Material will be Bedford Fiberforce for all areas except the balusters and the top rail cap, which will be Bedford Selectforce. Color will be a light earth tone. • New %2" X 12" stainless wedge anchors wil) be used for the line post fastening where existing cannot be re-used. • All other fasteners will be stainless deck screws. When possible, the existing stainless steel hardware/brackets will be re-used. • This work will require portions of the pier to be inaccessible during construction. • Approximately half of the pier width will need to be utilized for placement of a swing stage and temporary fencing. Access for pedestrian traffic will be maintained at all times. � Portions of this work may need to take place during hours when the pier is closed to pedestrians. J. Parker to S. Rice November 30, 2012 Page 7 of 9 Catwalk at Bait house: • An allowance of $60,000.00 is included for the design and construction of the bait house catwalk. • Provide and install all materials necessary to erect a catwalk at the existing bait house. • The catwalk structure will be constructed of either galvanized steel and/or a combination of composite recycled timber, steel and PT lumber. Final engineering design will dictate the materials. • Provide barge as necessary for erecting structure. • Signed and sealed engineered drawings � � � 2. All required turbidity control is included. � a� � 3. Time of performance — Construction Manager will endeavor to complete the Scope of the Work in one hundred eighty calendar days (180j from the receipt of the Notice to Proceed and all required permits. No liquidated damages are in effect for this project. We anticipate that there will be several times during construction where work cannot be performed. Those non-work days are included in the schedule. 4. No permitting is anticipated as the work is considered maintenance. 5. The Construction Manager shall observe the Owner's guidelines for project security at all times. No watchman service is included in this Proposal. 6. No Builders Risk Insurance is included. Due to the nature of the project, the Owner shal) be responsible for all property insurance or assume the associated risk of loss for the Work, as well as all existing structures and appurtenances. 7. Unless specifically noted otherwise, where the term "allowance" is used in this proposal, it shall be interpreted to include all costs for labor, material, equipment, delivery, taxes, insurance, bonds, and fees as5ociated with the allowance item. Any variation between the stated allowance amount and the actual final cost associated with the allowance item may be reflected in an additive or deductive Change Order to this proposal's amount. 8. No temporary trailer facilities are anticipated or included. The available public restroom facilities will be utilized by the workers. Testing and surveying services are not included unless included above. 1. Parker to S. Rice November 30, 2012 Page 8 of 9 10. Warranties and Guarantees: a. Biltmore Construction Co., Inc. to the Owner Biltmore Construction Co., Inc. warrants to the Owner that the materials and workmanship furnished under this Contract will be of good quality and new unless otherwise required or permitted by the Construction/Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Construction/Contract Documents. Work not conforming to these requirements, may be considered � defective. Biltmore Construction Co., Inc.'s warranty excludes remedy for damage � or defect caused by insufficient maintenance, improper operation, acts of � � god/nature, vandalism or normal wear and tear under normal usage. The term and � duration of this express warranty is one (1) year from the Date of Substantial Completion. The provisions herein shall not prevent the Owner from proceeding directly against the manufacturer and/or installer for such longer period of time a5 allowed by state statute. b. Installer / Subcontractor Warranties and Guarantees The Subcontractor shall warrant to the Owner and to Biltmore Construction Co., Inc. that all workmanship and materials are free from defects in installation. The express warranty/guarantee shall be consistent with the durations stipulated in the Construction/Contract Documents, customarily one 1 year from the Date of Substantial Completion. Notwithstanding anything to the contrary, neither Biltmore Construction Co., Inc., nor its surety, nor the Subcontractor shall have any joint/several liability relating to, nor shall they be obligated to underwrite, or in any way become guarantor(s) of any manufacturer's warranty/guaranty or product to the Owner. The Owner shafl be provided with the "standard" manufacturer's warranty, and it shall satisfy the requirements under the Construction/Contract Documents relating thereto. c. Manufacturer's Express Warranties / Guarantees Biltmore Construction Co., Inc. shall collect and transmit to the Owner any and all standard manufacturer's warranties and standard manufacturer's guarantees specified in the Construction/Contract Documents. The obligation and (iability of Biltmore Construction Co., Inc. and/or its surety is limited to the collection and proper transmittal of these warranties and guarantees to the Owner. J. Parker to S. Rice November 30, 2012 Page 9 of 9 11. 12. Existin� Warranty/Guarantee: Notification to any previous or existing guarantor to maintain any pre-existing warranty is not included. This proposal is based upon the performance under the existing Continuing Area Contract for The City of Clearwater. This proposal is firm for thirty (30) days. Pleas� contact us if you have any questions. Proposed By: � _�'� . ,_� � Jeff Par <e � Vice res�e°nt Biltr�ore Construction Co., Inc. � � Dat „�j � .. . -. Michael D. Quillen, PE City Engineer City of Clearwater Date ti � � � a� � City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the 2013 State Legislative Package SUMMARY: Meeting Date:l2/20/2012 Each year, the City submits a list of legislative priorities for consideration by the state legislature during their annual 60-day session in Tallahassee. The City's legislative liaison warks closely with city management staff and the City's lobbying team in Tallahassee to draft a package that is beneficial to Clearwater, and to lobby that package locally and in Tallahassee. Preparation of the package involves determining areas of need, researching funding availability, identifying needed legislation, monitoring and evaluating current legislative issues. The 2013 State Legislative Package includes supporting: continued funding for programs that bene�t municipalities statewide such as Florida Recreation Development Assistance Program (FRDAP), State Aid to Libraries and housing trust funds under the Sadowski Act; increasing the Tampa Bay Estuary License Plate fee to $15; and requiring sales tax collection from online retailers. Review Approval: Cover Memo ��II�:�Eij Attachment number 1 \nPage 1 2013 State Legislative Priorities Issues to Support We will support legislation that is beneficial to Clearwater and other municipalities including: Tampa Bay Estuary Increase the Tampa Bay Estuary License Plate fee from $15 to $25. The increased fee will be in line with 80% of other specialty plates. lune 4, 2012 - Council directed staff to include issue. State Funding Programs Maintain or increase program funding for FRDAP, Land and Water Conservation, State Aid to Libraries and Multi-type Library Cooperatives. Provide full funding of the Florida State and Local Housing Trust Funds under the Sadowski Act. Online Retailers Require sales tax collection from online retailers. Require bed tax collection from online travel companies. Clarify that the tax is due on the total amount paid by the consumer. Synthetic Drugs Ban manufacturing, possession and distribution of synthetic drugs, including synthetic marijuana, cannabinoids, herbal incense and bath salts. Neighborhood Stabilization Programs Direct the $300 million from the landmark national foreclosure settlement agreement to designated neighborhood stabilization programs within those jurisdictions with the highest rates of foreclosures to be used for existing local government affordable housing initiatives in order to meet the local communities housing needs. Energy Establish a statewide policy on energy development and conservation, which incentivizes the development and implementation of renewable and alternative energy sources. Authorize the use of $192 million in Qualified Energy Conservation Bonds allocated to the State of Florida. These are federally supported tax credit bonds issued by local or state governments for projects related to energy conservation. These bonds provide an opportunity for economic development and energy efficiency. IE�ii�:�iE:3 Attachment number 1 \nPage 2 Billboards Maintain the Federal Highway Beautification Act, as enacted by the Florida Legislature in 1985, as the baseline standard for regulating off-premises outdoor advertising. Florida Statutes provides that the Florida Department of Transportation may not issue a permit for a sign that is prohibited by a municipal ordinance enacted through the lawful exercise of its municipal powers. This allows municipalities the home rule authority to be the ultimate regulator of signage within its boundaries. Issues to Oppose We will oppose legislation that is detrimental to Clearwater and other municipalities including: Unfunded mandates. Increased regulation of, or restrictions on, municipal operations and budgeting. Offshore oil drilling in the Gulf of Mexico until alternative energy sources are developed and implemented and existing leases are utilized where found to be appropriate. Imposed consolidation of municipal and county services. Expansion of gambling activities in the State of Florida. Repeal of local business taxes, which would restrict local governments' ability to raise revenue to fund general government services. Reduced home rule authority of municipalities to regulate signage. In addition, the City will support the Florida League of Cities in pursuing its legislative priorities. IE�ii�:�iE:3 Attachment number 2 \nPage 1 2013 State Legislative Priorities Issues to Support We will support legislation that is beneficial to Clearwater and other municipalities including: Tampa Bay Estuary Increase the Tampa Bay Estuary License Plate fee from $15 to $25. The increased fee will be in line with 80% of other specialty plates. lune 4, 2012 - Council directed staff to include issue. State Funding Programs Maintain or increase funding for FRDAP, Land and Water Conservation, State Aid to Libraries and Multi-type Library Cooperatives programs. Provide full funding of the Florida State and Local Housing Trust Funds under the Sadowski Act. Online Retailers Require sales tax collection from online retailers. Require bed tax collection from online travel companies. Clarify that the tax is due on the total amount paid by the consumer. Synthetic Drugs Ban manufacturing, possession and distribution of synthetic drugs, including synthetic marijuana, cannabinoids, herbal incense and bath salts. Neighborhood Stabilization Programs Direct the $300 million from the landmark national foreclosure settlement agreement to designated neighborhood stabilization programs within those jurisdictions with the highest rates of foreclosures to be used for existing local government affordable housing initiatives in order to meet the local communities housing needs. Energy Establish a statewide policy on energy development and conservation, which incentivizes the development and implementation of renewable and alternative energy sources. IE�ii�:�iE:3 Attachment number 2 \nPage 2 Authorize the use of $192 million in Qualified Energy Conservation Bonds allocated to the State of Florida. These are federally supported tax credit bonds issued by local or state governments for projects related to energy conservation. These bonds provide an opportunity for economic development and energy efficiency. Biliboards Maintain the Federal Highway Beautification Aet's Statef Federal Agreement, as amended by the Florida Legislature in 1985 to enhance c�utdoor ad�ertising regulations, as the baseline standard for regulating off premises outdoor advertising. Florida Statutes provides that the Florida Department of Transportation may not issue a permit for a sign that is prohibited by a municipal ordinance enacted through the lawful exercise of its municipal powers. This allows municipalities the home rule authority to be the ultimate regulator of signage within its boundaries. Issues to Oppose We will oppose legislation that is detrimental to Clearwater and other municipalities including: Unfunded mandates. Increased regulation of, or restrictions on, municipal operations and budgeting. Offshore oil drilling in the Gulf of Mexico until alternative energy sources are developed and implemented and existing leases are utilized where found to be appropriate. Imposed consolidation of municipal and county services. Expansion of gambling activities in the State of Florida. Repeal of local business taxes, which would restrict local governments' ability to raise revenue to fund general government services. Reduced home rule authority of municipalities to regulate signage. In addition, the City will support the Florida League of Cities in pursuing its legislative priorities. IE�ii�:�iE:3 Attachment number 2 \nPage 3 ��II�:�Eij City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Meeting Date:l2/20/2012 Cover Memo ��II�:�E%�