08/04/2005
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City Council Agenda
Date: 08/04/2005 6: 00 PM
Location: Council Chambers - City Hall
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then
state your name and address. Persons speaking before the City Council shall be limited to three (3)
minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding
items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a maximum
of ten (10)minutes. Prior to the item being presented, please obtain the needed form to designate
a spokesperson from the City Clerk (righthand side of dais). Up to thirty minutes of public comment
will be allowed for an agenda item. No person shall speak more than once on the same subject
unless granted permission by the City Council. The City of Clearwater strongly supports and fully
complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior
to the meeting if you require special accommodations at 727-562-4090. Assisted Listening
Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting
devices during the meeting.
1 Call to Order
2 Invocation
3 Pledge of Allegiance
4 Introductions and Awards:
5 Presentations
5.1 Clearwater Nagano Exchange Program.
5.2 State Legislative Session Report - Pete Dunbar and Martha Edenfield.
5.3 Certificates to Councilmembers Doran and Petersen for the completion of the
program at the Institute for Elected Municipal Officials (lEMa).
6 Approval of Minutes
6.1 July 21, 2005
7 Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
8 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
8.1 Approve the City of Clearwater's Fiscal Year 2005-2010 Consolidated Planning
Document, which contains the FY2005-2006 Action Plan, to carry forward the goals
and objectives set forth in the Plan, as required by HUD, and authorize the City to enter
into agreements with organizations contained in the FY05-06 Consolidated Action Plan.
8.2 Declare as surplus to City needs a 2317.46 square foot portion of the former south
half-right-of-way of Park Street lying within the plat of MEDITERRANEAN VILLAGE IN
THE PARK, Tract 2 that was vacated upon adoption of City Ordinance No. 6879-01,
and authorize appropriate officials to convey title to the Community Redevelopment
Agency of the City of Clearwater ("CRAil).
9 Quasi-judicial public hearings
- None
1 0 Second Readings - public hearing
1 0.1 Adopt Ordinance 7447-05 on second reading, amending the Code of Ethics to conform
to the State Ethics Code.
1 0.2 Adopt Ordinance 7448-05 on second reading, amending Article VIII, Chapter 2, Code
of Ordinances to amend definitions and requirements for lobbyists.
1 0.3 Adopt Ordinance 7450-05 on second reading, annexing certain real property whose
post office address is 2346 Ella Place, into the corporate limits of the city, and
redefining the boundary lines of the city to include said addition.
10.4 Adopt Ordinance 7451-05 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city, to designate the land use for certain
real property whose post office address is 2346 Ella Place, upon annexation into the
City of Clearwater, as Residential Low.
10.5 Adopt Ordinance 7452-05 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 2346 Ella Place, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
10.6 Adopt Ordinance 7453-05 on second reading, annexing certain real property whose
post office address is 2300 Drew Street, into the corporate limits of the city, and
redefining the boundary lines of the city to include said addition.
10.7 Adopt Ordinance 7454-05 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city, to designate the land use for certain
real property whose post office address is 2300 Drew Street, upon annexation into the
City of Clearwater, as Commercial General.
10.8 Adopt Ordinance 7455-05 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 2300 Drew Street, upon
annexation into the City of Clearwater, as Commercial (C).
10.9 Adopt Ordinance 7456-05 on second reading, annexing certain real property whose
post office address is 2077 Palmetto Street, into the corporate limits of the city, and
redefining the boundary lines of the city to include said addition.
10.10 Adopt Ordinance 7457-05 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city, to designate the land use for certain
real property whose post office address is 2077 Palmetto Street, upon annexation into
the City of Clearwater, as Residential Medium.
10.11 Adopt Ordinance 7458-05 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 2077 Palmetto Street, upon
annexation into the City of Clearwater, as Medium Density Residential (MDR).
10.12 Adopt Ordinance 7462-05 on second reading, vacating the drainage and utility
easement retained after vacation of the ten-foot alley formerly located adjacent to the
east property lines of Lots 9 through 13, inclusive, Block 2, J.H. Rouse Subdivision, as
set forth in Ordinance No. 6880-00.
10.13 Adopt Ordinance 7466-05 on second reading, amending the City of Clearwater
Employees Pension Plan to provide for expanded investment authority for
diversification of plan assets and setting a March 14, 2006 referendum for voter
approval of same.
City Manager Reports
11 Consent Agenda
11.1 Approve Pine lias County Recreational Grant Funding Agreement for the Long Center,
Boundless Playground, in the amount of $50,000, between Pinellas County and the
City of Clearwater.
11.2 Approve Florida Recreation Development Assistance Program (FRDAP) project grant
agreement for the Long Center Boundless Playground project in the amount of
$200,000, between the State of Florida Department of Environmental Protection and
the City of Clearwater.
11.3 Approve agreement between the City of Clearwater and Global Spectrum from October
1, 2005 to September 30, 2009 and approve the Termination and Release Agreement
between Distinctive Gourmet Services (Boston Concessions), the City of Clearwater
and Global Spectrum, L.P. and authorize the appropriate offcials to execute same.
11.4 Ratify and confirm Lease Agreement between the City and PACT, Inc. for the
Clearwater City Players summer production and approve standard Lease Agreement
with PACT, Inc. and grant authority to the City Manager or his designee to enter into
and approve standard Lease Agreements for future facility use by City groups at Ruth
Eckerd Hall and authorize the appropriate officials to execute same.
11.5 Award a contract to J.TV., Incorporated, in the amount of $200,000.00, for sanitary
sewer line cleaning, inspection and rehabilitation at various locations throughout the
City, using the unit prices established in a contract with the City of Gulfport, Florida, for
Sewer System Repairs (Bid No. 2005-03), and that the appropriate officials be
authorized to execute same.
11.6 Approve the Agreement between the Florida Department of Environmental Protection
and the City of Clearwater for funding in the amount of $50,000 for the design and
construction of an observation tower at Cooper's Point and authorize the appropriate
officials to execute same.
Purchasing
11.7 Workers compensation claims paid by the City's third party administrator during the
period October 1, 2005 through September 30, 2006.
11.8 Wingfoot Commercial Tire - Replacement tires during the period September 1, 2005
through August 31,2006, at a cost not to exceed $200,000.
12 Other items on City Manager Reports
12.1 Adopt Resolution 05-34 authorizing the City to enter into an agreement with CSX
Transportation, Inc., for installation of one (1) 3' x 5' box culvert, (3) 36" concrete pipes
and one (1) 4' x 5' box culvert; and approve Agreement Nos. CSX-048892,
CSX-048733 and CSX-048893 and authorize the appropriate officials to execute same.
12.2 Pass Ordinance7490-05 on first reading, making minor language changes to Chapter
30 Traffic and Motor Vehicles, Article II Stopping, Standing and Parking, increasing
parking fines by $5.00 and to designate a parking violation processing services office
to process all parking fines thereby eliminating the Pinellas County Clerk of the Court
as the designated office to handle the receipt of the payment of parking fines beginning
October 1, 2005.
12.3 Adopt Resolution 05-25 modifying commercial docking permits and Resolution 05-26
modifying private dock permits for tenants at the Clearwater Municipal Marina.
12.4 Direction regarding request for buoys on Gulf side of Sand Key.
13 City Attorney Reports
13.1 Pass Ordinance 7495-05 on first reading, amending Section 15.07, Code of
Ordinances, to clarify the procedures for declaring a state of emergency.
14 City Manager Verbal Reports
15 Council Discussion Items
15.1 Direction regarding addressing Community Development Code Issues.
16 Other Council Action
17 Adjourn
CITY OF CLEARWATER
Interdepartmental Correspondence
TO:
Mayor and Councilmembers
Cyndie Goudeau, City Clerk ~9
SUBJECT: Follow up from August 01, 2005 Work Session
FROM:
COPIES:
William B. Horne, City Manager
DATE:
August 02, 2005
Aaenda
City Council Meeting 08-04-05 - Agenda provided.
Presentations 5.2
State Legislative Session Report (Pete Dubar & Martha Edenfield) - Item added
to Agenda.
Presentations 5.3
Certificates for Completion of the Institute for Elected Municipal Officials (Doran
& Petersen) -Item added to Agenda.
Minutes #6.1 Approval of Minutes from Council Mtg 07-21-05 - Item added to agenda and Minutes
provided.
Item #8.2 Declare as surplus to City needs a 2317.46 square foot portion of the former south
half-right-of-way of Park Street (Mediterranean Village) - maps provided.
Item #12.3 Modify Resolution 05-25 modifying commercial docking permits and Resolution 05-26
modifying private dock permits for tenants at the Clearwater Municipal Marina - revised
second addend urns substituted for both resolutions.
1 of!
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City Council
,~,~g.enda J;;,~~ . Me_I~I!!"~!!,,,~~~~;tm,,_=
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Tracking Number: 1,450
Actual Date: 08/04/2005
Subject / Recommendation:
Approve the City of Clearwater's Fiscal Year 2005-2010 Consolidated Planning Document, which
contains the FY2005-2006 Action Plan, to carry forward the goals and objectives set forth in the
Plan, as required by HUD, and authorize the City to enter into agreements with organizations
contained in the FY05-06 Consolidated Action Plan.
Summary:
The U.S. Department of Housing and Urban Development (HUD) requires communities that
receive entitlement (CDBG & HOME) funding prepare a comprehensive five (5) year Consolidated
Planning document that evaluates the needs of the community and sets forth strategies to
address those needs. The new Consolidated Plan is mainly our continuation of our existing
Consolidated Plan. There were not many changes to our existing strategies, goals and
objectives. In addition, the City is required to create and implement an annual statement
identifying the sources and uses of federal money for housing, community and economic
development. This annual plan, referred to as a Consolidated Action Plan, provides HUD with
City's housing, community and economic development budget and proposed expenditures based
on the entitlement funds and estimated program income that the City will receive in the
upcoming fiscal year.
Funds are to be used to develop viable communities and sustain existing ones. In addition, the
funds will be used to provide safe, decent and affordable housing to assist extremely low to
moderate income households. This year's Action Plan allocates federal and state funds to
provide housing opportunities extreme low to moderate income households for new and existing
homes, homebuyer education, construction and/or renovation of public facilities, and to fund
programs that assist the homeless, single parent households, the elderly, the physically
challenged and children, to name a few.
In Fiscal Year 2005-2006, the City is estimated to receive federal funds in the amount of
$1,079,985 through the Community Development Block Grant (CDBG), $577,115 through the
HOME Investment Partnership Program, and $820,105 from the State of Florida through the
State Housing Initiatives Partnership (SHIP) Program. Funds provided through the HOME and
SHIP Programs are limited to housing activities and administration. Funds provided through the
CDBG Program may be used for
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City Council
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housing, community and economic development, public services and facilities, acquisition,
demolition, and administration. Additional funding for the FY2005-2006 budget will come from
estimated program income funds (loan repayments, loan payoffs, recaptured funds, etc).
A Review Committee comprised of professionals in the social service and grants community and
one member of the City's Neighborhood and Affordable Housing Advisory Board (NAHAB)
reviewed the applications, scored them and set forth a strategy to maximize the number
applicants that will receive a portion of allocated funds. Applicants were given an opportunity
to speak to the Review Committee (Re) and NAHAB regarding their programs on the day of the
bus tour and presentations in late March. City of Clearwater Staff reviewed each application to
ensure it met HUD's baseline requirements. The NAHAB at their meeting on May 17, 2005,
unanimously approved the recommended allocations contained in the FY05-06 Consolidated
Action Plan.
Each year, the City may allocate up to 15% of its CDBG allocation for Public Services
organizations. Under the Public Services category agencies competed for approximately
$161,998 in CDBG funds. The City's Housing Division received requests for Public Service
funding in excess of $451,000. The NAHAB has endorsed a sliding scale funding system for
Public Service applicants that allows the top two scorers to receive 60% of their request; the
second two receive 50% of their request, and others receive 40% of their request until all of the
allowable funds are allocated. This allowed all Public Service applicants to receive some funding
rather than some agencies not receiving any funding.
All organizations that will be receiving an allocation or participating in the City's Housing or
Housing Education Pools, will have agreements prepared and executed by October 1, 2005.
Originating: Economic Development and Housing
Section Administrative public hearings
Category: Other
Public Hearing: Yes
Advertised Dates: 06/15/2005
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Planning Document
In Current Year Budget?
No
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City Council
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Budget Adjustment:
No
For Fiscal Year:
10/01/2005 to 09/30/2006
Review Approval
Geraldine CamDOS
Bill Horne
07-11-2005 16:56:40
07-29-2005 09:57:26
07-20-2005 09:01:29
07-26-2005 15:23:42
07-20-2005 09:43:33
07-28-2005 07:55:03
Cvndie Goudeau
Jav Ravins
Garrv Brumback
Tina Wilson
FY 200S.oR CONSOLIDATED ACTION PL4.N .. Ri=t!nMMENDED4.1 OC4.T10N9
7/21I2Q0511:57
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AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT
REQUESTED PROPO$EO PROPOSED PROPO$ED RECOMMENOEO
TOTAL CDBG HOME SHIP TOTAL
F"lr w.....lnn . AIlIn.ft.......I""
Gulf Coast Leaal. SeMces S 15.900.00 S 15.900.00 S 15.900.00
S .
SUbtotll 1$ 15 0.00 $ 15llOO.oo I . 15 . S 15 9OOJlO
S .
Homeless Eme~m..ncv Pto'ect. Inc. . Klteheh& Dinlna Hall S 100.000.00 $ 75.000.00 $ 75;000.00
ReUalOlls CommunitvSl.lIVICfJ$. Inc. . Tn. Hav!J!l8 $ 55.000.00 $ 41.250.00 S 41.250.00
Reli/lious CommurlltvServICfl$ Inc.- FOOd Panll\t ImDroI/en'Ulril$ $ 250.00b.00 $ .
Directions forMental Health Inc. . centerlmDl'lMlml.lnls $ 48.000.00 $ -
Gatewav Area - Public lnfrastru~re Pl'Qlect . Cltv ProJect $ 105 740.00 $ 105.740.00
SUbtotal 5 451 000.00 S 221.990.00 5 - $ . S 221 990.00
public SAlVI"....
Partners in Se1fSufficlel1CY. lne.- FSS $ 50.000.00 $ 30.000.00 $ 3(),ooo.oo
Plnella'$OollOltunltv Councl1 . Chore ServlQls $ 74,000.00 $ 30 000.00 $ 30.000.00
Homeless ErnllRlencv Prolecf- Emel'Qel1CY ShllJter $ 35.000.00 $ 17,5()().()O $ 17500.00
Clearwater Homeless Intervention Pro/eel - ErTlemenev Shelter S 80.000.00 $ 30 000.00 $ 30.000.00
WestCare (If Flodcla. Inc. - Tumlna Point S 50 000.00 $ 2O,OOb.00 $ 20.000.00
YWCA of Tamoa Bay. HilInarilC Outreach S 30.000.00 $ 12000.00 S 12.000.00
Gulf Coast Jewish FamllvServlce8. Disabled & Frail ElderlY $ 16.409.00 $ 6.563.80 .$ 6,563.60
P8fliOOlI1 EnriChment Thl'DUllh MIl.ntal HllslthServlces .. Emera. Treatment Otr $ 15.000.00 $ 8.000.00 $ 8.000.00
K1rnbec1v Home. lric. -lnfant& Toddler Care S 30,000.00 $ 9.934.40 $ 9.934.40
Directions for Mental Health. Child DeveloomentCommuriiiV'Pollev $ 18,000,00 S -
Communltv Pride Child Care center $ 10 890.00 $ .
Clearwater Nelahborhood HouslllaServlces Inc.- Make a Difference CI1tr. S 25 000.00 S -
Clearwater BoYS & Girls Club. Inc. . .Kunaa Proaram/Education $ 30 000.00 $ -
CleatWalflr COmmunltvBased Oevek)om&rlt Ora. UTI (CBOQ\ $ 40 000.00 $ .
FamilY Re&OlIlC8S. lric.- Safe Place 28 $ 7.023.00 S -
LISC - use proaram Ser\Ilce $ 3&,950.00 S -
$ .
AIl0UNT AVAILABLE · $1*1 $98 -15'" of CDIIQAllocatlon\ $ -
SUbtotal I 528 272.00 Ii 161.998.00 Ii . 15 . S 161998:00
Citv (If ClearwaterA,dmlnl$tratlon $ 240.097,00 $ 57.711.50 $ 92010.50 S 389819:00
Citv Of Clearwater - ED Proararn Ollllverv $ 30.000.00 S 30 000.00
Subtotid I - $ 27~ Ii 57711.50 5 92010.50 $ 419819.00
I
IAcaulsltion Of Real prooertv (0 $ 100.000.00 $ 100,000.00
Cltv of Cleal\Y8ter.Jnflll Housllia proaram Dellv8l\l $ 10.000.00 $ 10.000,00
SUbtotll s . 15 110000.00 $ . S . IS 110000.00
CllY Of Clearwater & Houslna POOl- Rehabllitlllklrl S 100.000.00 S 97.836.25 $ 300.000.00 $ 497.838.25
Cltv ofClesrwaterRllhablllletfon.. Program DeIIveN S 100.000.00 S 100.000.00
SUbtotal s . 15 200 000.00 $ 97 838.25 S 300 000.00 15 597 838.25
I
ICItv OfCJearwater ReklCatJClI'lProaram $ 20 000.00 $ 20 000.00
ISUbtotal 5 - S 20 000.00 S . S - $ 20.000.00
I S .
CItv Of Clearwater Demolition Proaram S 30 000.00 1$ 30 000.00
SUbtotal 5 - 1$ 30 000.00 S . 5 - S 30000.00
,.
712112005 9:57
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....ONSOL IOATEDACTION PLAN. RE
V_I
fm"r ~,tr""t...
Tama Sa COO. HOmllOWI1IlI$hlDcounsellna Proa.
famB Sa COC.O",amDfH,omlilQ'NnerahIDCol.ln""rKl PIlla.
Convrlunlfi selVk:e Foundatlon ~. Pl!rtl'letShID To OwnerahiD PlIlIIram
eommu,,1t. ServIce. Foundation. HomeblMit EduCatlon PrOM'",
Clearwater NelahbclI'hOOdl-lolllllnaservice. Houalna EdllCllliorl proaram
Lillhltlollse Credit FoundallOn
ForaClOlllr8 P",Y8nllon
18ubmt.a1
EIIa/bls ParticiDant. 1fIIdIor..Ji!M
. Q1= JI.. MF _ ~"""_"'~I"ftft
. Tamllll BavCDITlmunltv D8veloriment
- Llimo /vea HoIIsina Oevel- nt COIDOration
. C1ealWlter NelilhbQrtlOOd Houslno Se",l~ Ine,
. Homell fOr Indellel'ldence Inc.
. Communitv service Foundation Inc.
. PlneDaS Habitat for HlIIl1anllv
Sllbtotll
. GatewavAnla . AcQuisition, Tl'an$ilibnlll Shelter. Eta,
SUbtotal
TOTALS
~n
DED AL _OeATIONS
AMOUNT
REQUESTED
TOTAL
AMOUNT
pROPOSISD
CDBG
AMOUNT
pROP()SEO
HOME
AMOUNT
f'flOPOSED
SHIP
M10UNT
RECOMMENDISD
TOTAL
S 75 000.00 $
75000.00
$ 6.000.00
$ 8.200.00
$ 22 750.00
S 20.&33.00
$ 25.000.00 $
$ 57 783.00 $ . $ . $ foo 000.00 $
25.000.00
100 000.00
$185.000.00 $ 528.094.50 $
713,094.50
$ .
1$ . S - I 185 000.00 S 528.094.50 S 713094.50
$ 250.000.00 $ 150.oo().00 $ '400,000.00
I S .
rr . s 250 000.00 150 000.00 $ . $ 400000.00
$ 86.587.'25 $ 86.567;25
S 1052 955.00 S 1271t985.oo S 577 115.00 $ 1 0.20105.001 2877205.00
:1::= : 1.278._:00: S1711~00 I: 1 oao 10&:00
I Total EItI~ uncllna" S
2 877.205.00
~. :~JJ-- \
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FY200S-2010
Consolidated Planning
Document (CPO)
. Existing CPO Created in 2000
. New CPD - Continuation of Our
Existing Strategies
. Covers Federal Grant Funds -
CDBG & HOME
. State SHIP also Included
2
Affordable Housing Pressures
. Growing Affordable Housing
Crisis
. Rising Home Values
. Flat Incomes
. Supply vs. Demand
. Shrinking Grant Revenues
. Production & Preservation
3
Past Grant & Program
Income Revenue
. FY01-02 $4.782M
. FY02-03 $4.102M
. FY03-04 $3.825M
. FY04-0S $3.315M
. FYOS-06 est. 2.877M
. Decrease of 390/0 over the period
4
CPO & Action Plan Process
. May: NAHAS Approved Allocations
- Published Annual Action Plan and
Advertised for 30-Day Public
Comment
. June: Published CPD Strategic Plan
for 30-Day Comment Period
. July - Merged FYOS-06 and FYOS-
10 Documents into One Document
5
Programs Funded
. Public Services
. Public Facilities & Improv.
. Rehabilitation
. Housing Pool - SF & MF
. Homeless Activities
. Acquisition
$161K
$221K
$597K
$713K
$400K
$100K
6
Public Service Activities
. Homeless Services
. Self-Sufficiency Education
. Child Care & Summer Programs
. After School Programs
. Infant & Toddler Care
. Disabled & Frail Elderly Services
. Hispanic Outreach
7
8
<('1.t.\ENT O,c-
· (: _I. ~:) ~ d~~~L~EC~e~:p~!S !:.2/2~ons that
G-~ o~~ grantees of the Community Development Block Grant, HOME Investment
8-4N OEV~\; Partnership, Housing Opportunities for People with AIDS and Emergency
Shelter Grants Programs must respond to in order to be compliant with the Consolidated
Planning Regulations.
rltfltfl4f11flllt1f2
~ ~
Executive Summary
The Executive Summary Is optional, but encouraged. If you choose to complete it, please
provide a brief overview that includes major initiatives and highlights that are proposed
throughout the 3-5 year strategic planning period.
EXECUTIVE SUMMARY
.
INTRODUCTION
The City of Clearwater is a recipient of Community Development Block Grant (CDBG) and
HOME affordable housing funds. The City does not receive an Emergency Shelter Grant
(ESG). As a recipient of federal funds through the Department of Housing and Urban
Development (HUD), the City is required to prepare a Strategy to guide the use of these
funds every five-years. The City's existing Strategy (Consolidated Plan) is currently being
completed and this new Five- Year Strategy will guide the City in the future.
As part of the Strategy's development, the City consulted with surrounding governments, its
departments and, non-profits, held public a hearing on program performance and solicited
housing and community development needs.
Over the last five-years the City's programs have focused on three key community
development areas: (1) physical improvements within the North and South Greenwood
Neighborhood Revitalization Strategy areas; (2) housing rehabilitation/home-buyers
assistance for low income families; and providing services to the homeless, or residents with
special needs.
ACCOMPUSHMENTS:
Among some of the notable accomplishments that the City has achieve over the past five
years include:
.
Redevelopment of Greenwood Apartments and Fulton Apartments
Construction of Transitional Housing for the Clearwater Homeless Intervention
Project and Homeless Emergency Project
Wayfinding Program for the Downtown and East Gateway Area
Construction of the Homeless Emergency Project Thrift Store
Rehabilitation of homes
.
.
.
.
.
5 Year Strategic Plan (07.13.05)
1
Version 1.3
Ciry 0/ Clearwater
.
Development of New Single Family Housing in the North & South Greenwood
Neighborhoods
Acquisition of the former MacCabee's restaurant in North Greenwood
New Aquatic and Recreation Center in North Greenwood
New Library in North Greenwood
Traffic Calming improvements in North Greenwood
New Ross Norton Recreation Center in South Greenwood
Acquisition ofland for the Woodlawn Oaks Subdivision
Acquisition of land for the Mt. Carmel CDC Elderly Rental Community
.
.
.
.
.
.
.
.
HOW MARKET FORCES AFFECTED THE STRATEGY
· The City's population grew slowly during the 1990's (+9%) to 107,925 people in
2000.
. The population is predominately white. African-Americans make-up 9% of the
population (versus 12% statewide) and Hispanics (who can be of any race) make-up only
2% (versus 17% statewide).
· The City's age structure leans to the elderly. Almost one-third (31%) of the City's
households in 2000 were headed by someone over 65 and 17% by someone over 75.
· The City's incomes are close to the statewide average, but like the state, 12% of the
City's residents live in poverty.
. Utilizing proprietary PRIZM socio-economic information, one in five of the City's
households (21%) can be considered low-income: 6,411 low-income aging-in-place
retiree households and 4,725 younger, working-poor households.
· The City's housing stock grew slowly during the 90's (+5%). Eight percent of all
units were held for seasonal use, which matches the statewide average.
. The City has a large number of condominiums and 7% of its units are mobile homes.
. The overall ownership rate (62%) lags the state/national rates. Homeownership
rates for minorities are also below the statewide averages for minorities.
. Housing values have boomed over the last five years, up an estimated 70% since
2000. In some areas housing prices have doubled in the last several years.
. Rents in 2000 matched the statewide rate.
. Housing affordability is an issue. In 2000, 41% of all renters and 26% of all owners
paid over 30% of their income on housing, while 19% of all renters and 13% of all
owners paid over 50% for housing.
.
HOW MARKET FORCES AFFECTED THE STRATEGY
Rapidly rising housing prices are quickly pricing many low-income families out of the market
and this priority has come in response to market conditions. Market forces have also
increased the need for high-quality affordable rental housing, both through the construction
of new complexes and the rehabilitation of small older complexes.
On the positive side, existing owners have benefited; and rising housing prices have made
the City's older neighborhoods more attractive for inftll housing. Rising prices and strong
demand will also create new opportunities for economic development/revitalization in older
areas within the City in the future. Rising land/property costs will force the City to
reexamine its housing assistance levels.
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Since the last plan was adopted the City has expanded its redevelopment area westward from
downtown. With the completion of the major infrastructure within downtown and North
and South Greenwood, the City can focus its improvements in this new low-income area.
CONCLUSION:
The City's current strategy is meeting the needs of the City's less fortunate residents
and should continue over the next five years.
RECOMMENDED FY200S to FY2010 STRATEGY
With the exception of adding the East Gateway Redevelopment Area, the City's Strategy
continues the existing priorities over the next five-years.
Geographic:
The City will allocate its Housing and Homeless funds on a citywide basis. The City will
allocate its Community Development Block Grant funds within the City's HUD designated
low/moderate income areas and City designated Community Redevelopment Areas.
Affordable Housing:
The City has given its highest affordable housing pnonnes to helping low-income
homeowners maintain their properties; and helping renters achieve homeownership. This
will be accomplished through a variety of mechanisms, including down-payment/closing
cost assistance, acquisition and rehabilitation/expansion, new in-fill housing and
demolition/reconstruction programs.
Homeless:
The City is a member of the Pinellas County Homeless Coalition, which is the lead agency
for the Continuum of Care. The City supports the Coalition and the priorities established in
this Plan match those of the regional Continuum of Care. The City of Tampa is the regional
HOPWA
The Coalition's highest homeless priority is given to ending chronic homelessness, families
with children, victims of domestic violence; and providing shelters and
transitional/supportive housing. The City can utilize CDBG/HOME funds to support
additional shelters/housing and ESG and general fund (social services) monies for service
delivery.
Non-Homeless Special Needs Population:
The City has given the non-homeless special needs populations (who require supportive
facilities/housing) a medium priority but the City intends to continue supporting activities in
this area. Within this group the elderly/children are the highest priority.
Community Development:
The City will continue to place its highest priority on the holistic physical revitalization of its
older low-income neighborhoods and commercial areas. These activities include physical
improvements such as roads, storm drainage, water & sewer, sidewalks and landscaping;
public facilities such as parks, recreation areas, senior centers, community centers and public
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safety facilities; along with commercial fa~ade improvements, neighborhood clean-ups, code .
enforcement, the demolition of unsafe structures and historic preservation.
OBSTACLES TO MEETING UNDERSERVED NEEDS:
The biggest obstacle to meeting all the City's identified needs is the continued ongoing
cutbacks in funding at both the federal and state levels for programs that help the City's less
fortunate.
FY2005-2006 ONE-YEAR ACTION PLAN
The following table provides the specific activities the City plans to undertake in
FY2005:
UST OF PROPOSED ACTIVITIES
Housing Rehabilitation
City of Clearwater Rehabilitation Program
City of Clearwater Program Delivery Costs
$
$
497,836.25
100,000.00
Program Administration
Community Development Block Grant Program
HOME Investment Partnership Program
State Housing Initiatives Partnership Program
Gulf Coast Legal Services - Fair Housing Prog
$
$
$
$
240,097.00
57,711.50
92,010.50 .
15,900.00
Clearance and Demolition
City of Clearwater Demolition Program
$
30,000.00
Relocation
City of Clearwater Relocation Program
$
20,000.00
Economic Development
City of Clearwater ED - Program Delivery
$
30,000.00
Public Services
Partners in Self Sufficiency, Inc. - FSS
Pinellas Opportunity Council - Chore Services
Homeless Emergency Project - Emergency Shelter
Clearwater Homeless Intervention Project - Emergency Shelter
WestCare of Florida, Inc. - Turning Point
YWCA of Tampa Bay - Hispanic Outreach
Gulf Coast Jewish Family Services - Disable & Frail Elderly
$
$
$
$
$
$
$
30,000.00
30,000.00
17,500.00
30,000.00
20,000.00
12,000.00
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. Personal Enrichment Through Mental Health Services - Emerg. Treatment Ctr $ 6,000.00
Kimberly Home, Inc. - Infant & Toddler Care $ 9,934.40
PublicFacilitiesandImprov~enm
Homeless Emergency Project, Inc. - Kitchen & Dining Hall $ 75,000.00
Religious Community Services - The Havens $ 41,250.00
City Proiects
Gateway Area - Public Infrastructure/Facility Project - City Project $ 105,740.00
Acquisition/Infill Housing - SF IMF
Acquisition of Real Property - City Project $ 100,000.00
Housing Education Pool $ 75,000.00
Tampa Bay CDC - Homeownership Counseling Prog.
Tampa Bay CDC - Dream of Homeownership Counseling Prog.
Community Service Foundation - Partnership To Ownership Program
Community Service Foundation - Homebuyer Education Program
Clearwater Neighborhood Housing Service - Housing Education Program
. Lighthouse Credit Foundation
Foreclosure Prevention Program $ 25,000.00
Housing Pool- SF IMF - DP~ I~ Rehabilitation, New Construction $ 713,094.50
- Tampa Bay Community Development Corporation
- Largo Area Housing Development Corporation
- Clearwater Neighborhood Housing Services, Inc.
- Homes for Independence, Inc.
- Community Service Foundation, Inc.
- Pinellas Habitat for Humanity
Housing Infill Program Delivery $ 10,000.00
Homeless Activities $ 400,000.00
HOME Program - CHDO Set-Aside (15% of Allocation) $ 86,567.25
TOTAL FUNDING $ 2t877t205.00
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TABLE OF CONTENTS
Page
.
EXECUTIVE SUMMARY
1
FIVE..YEAR STRATEGY
Strategic Plan
General Questions
Managing the Process
Citizen Participation
Institutional Structure
Monitoring
Priority Needs Analysis & Strategies
Lead-Based Paint
Housing Needs
Priority Housing Needs
Housing Market Analysis
Specific Housing Objectives
Public Housing Needs
Public Housing Strategy
Barriers to Affordable Housing
Homeless Needs
Priority Homeless Needs
Homeless Inventory
Homeless Strategic Plan
Community Development Needs
Anti-Poverty Strategy
Non-Homeless Special Needs Objectives
Non-Homeless Special Needs Analysis
Non-Homeless Special Needs Specific-Objectives
HIV / AIDs
Other Narrative
8
9
12
13
14
16
17
18
22
23
29
47
48
49
50
54
55
59
66
68
69
70
70
72
73
74
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ONE-YEAR ACTION PLAN
Executive Summary
General Questions
Managing the Process
Citizen Participation
Institutional Structure
Monitoring
Lead-Based Paint
Specific Housing Objectives
Public Housing Needs
Barriers to Mfordable Housing
Specific Homeless Objectives
Specific Community Development Objectives
Anti-Poverty Strategy
Specific Non-Homeless Special Needs Objectives
APPENDIX
Certifications
Glossary
Neighborhood Revitalization Strategy
SHIP FY03-06 Local Housing Assistance Plan
Written Comments
Responses to Written Comments
Community Survey Forms
Minutes of Public Meetings
Public Notices
Citizen's Participation (and Anti-Displacement) Plan
Needs Tables
4
6
13
14
15
15
16
18
20
21
24
26
26
28
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Strategic Plan:
Due every three, four, or rIVe years (length of period is at the grantee's discretion) no less
than 45 days prior to the start of the grantee's program year start date. HUD does not accept
plans between August 15 and November 15.
.
This Strategic Plan is for the City of Clearwater's Next Five
Program Years
FY2005 to FY2010
Mission:
The City's Mission is to help its residents achieve self-sufficiency through decent
housing; a suitable living environment; and expanded economic opportunities.
OVERALL GOALS
The following goals show how the City will carry out its mission:
SPECIFIC GOALS: Community Development
· Community self-investtnent in low/moderate income areas.
· Facilities/services to address critical social service needs.
· Facilities/services for seniors, children and persons with special needs.
· Expanded economic opportunities.
SPECIFIC GOALS: Housing and Homeless
· Revitalize older housing and demolish unsafe structures.
· Produce high-quality affordable housing.
· Provide housing assistance.
· Services/housing for the homeless.
.
SPECIFIC GOALS: Emergencies
· Governmental response to emergency/life threatening situations.
These Goals will enable the City to utilize its federal programs to meet all the uses allowed
by these programs. The last goal was added to give the City the ability to respond to any
future problems.
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General Questions
1. Describe the geographic areas of the jurisdiction (including areas of low income families
and/or racial/minority concentration) in which assistance will be directed.
2. Describe the basis for allocating investments geographically within the jurisdiction (or
within the EMSA for HOPWA) (91.215(a)(1)) and the basis for assigning the priority
(including the relative priority, where required) given to each category of priority needs
(91. 215(a)(2).
3. Identify any obstacles to meeting under served needs (91.215(a)(3)).
91.215 (a) 1. GEOGRAPHIC AREA.
Clearwater, Florida's ninth largest city is located in central Pinellas County. The City
stretches from Tampa Bay on the east to the Gulf of Mexico on the west.
MAP ONE displays those areas in the City where HUD has determined that more than
51 % of the people have incomes below 80% of the Median Family Income for the Tampa-
Clearwater-St. Petersburg Metropolitan Statistical Area. Within these designated areas, the
City can conduct activities on an area-wide basis.
~,
8.J{if4
e
Low/Moderate Income
III 51 100%
Gulf
C<
e
MAP TWO provides the locations where the City's African-American population is
concentrated. They made up 9% of the City's population in 2000.
e
25 -100%
Gu'
Legend
Black Population
BlACK I POP2000
0-15%
15-25%
Of
<_-:~:;.-~--
MAP THREE provides the locations where Hispanics, who can be of any race, are
concentrated within the City. In 2000, they made up 2% of the City's population.
e
Legend
Hispanic Population
HISPANIC I POP2000
I 0-15%
15..25%
_25-100%
Gu'
Of
Ml'mico
_./"".-.::..~.:.-
-;-.---
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91.215 (a) 2. BASIS FOR ALLOCATING INVESTMENTS:
Geographic:
The City will allocate its affordable housing funds on a citywide basis. The City will allocate
its Community Development Block Grant funds within the City's HUD designated
low/moderate income areas and Community Redevelopment Areas.
Affordable Housing:
The City has given its highest affordable housing pnontles to helping low-income
homeowners maintain their properties; and helping renters achieve homeownership. This
will be accomplished through a variety of mechanisms, including down-payment/closing
cost assistance, acquisition and rehabilitation/ expansion, new in-fill housing and
demolition/reconstruction programs.
How Market Forces Affected the Strategy
Rapidly rising housing prices are quickly pricing many low-income families out of the market
and this priority has come in response to market conditions. Market forces have also
increased the need for high-quality affordable rental housing, both through the construction
of new complexes and the rehabilitation of small older complexes.
On the positive side, existing owners have benefited; and rising housing prices have made
the City's older neighborhoods more attractive for in fill housing. Rising prices and strong
demand will also create new opportunities for economic development/revitalization in older
areas within the City in the future.
Homeless:
The City is a member of the Pinellas County Homeless Coalition, which is the lead agency
for the Continuum of Care. The City supports the Coalition and the priorities established in
this Plan match those of the regional Continuum of Care. The City of Tampa is the regional
HOPWA
The Coalition's highest homeless priority is given to ending chronic homelessness, families
with children, victims of domestic violence; and providing shelters and
transitional/supportive housing. The City can utilize CDBG/HOME funds to support
additional shelters/housing and ESG and general fund (social services) monies for service
delivery.
Non-Homeless Special Needs Population:
The City has given the non-homeless special needs populations (who require supportive
facilities/housing) a medium priority and intends to continue to support activities in this
area. Within this group the elderly are being given the highest priority.
Community Development:
The City will continue to place its highest priority on the holistic physical revitalization of its
older low-income neighborhoods and commercial areas. These activities include physical
improvements such as roads, storm drainage, water & sewer, sidewalks and landscaping;
public facilities such as parks, recreation areas, senior centers, community centers and public
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safety facilities; along with corrunercial fa<;ade improvements, neighborhood clean-ups, code
enforcement, the demolition of unsafe structures and historic preservation.
.
91.215 (a) 3. OBSTACLES TO MEETING UNDERSERVED NEEDS:
The biggest obstacle to meeting all the City's identified needs is the continued ongoing
cutbacks in funding at both the federal and state levels for programs that help the City's less
fortunate.
The lack of available land and rapidly rising housing prices will continue to put constraints
on the City's ability to provide affordable housing. Rapidly rising prices will also increase the
need for affordable rental units for households being priced out of the owner market. The
need for affordable rental projects will also increase as higher-end apartment complexes are
converted into condominiums.
Managing the Process (91.200 (b))
1. Lead Agency. Identify the lead agency or entity for overseeing the development of the
plan and the major public and private agencies responsible for administering programs
covered by the consolidated plan.
2. Identify the significant aspects of the process by which the plan was developed, and the
agencies, groups, organizations, and others who participated in the process.
3. Describe the jurisdiction's consultations with housing, social service agencies, and other
entities, including those focusing on services to children, elderly persons, persons with
disabilities, persons with HIV/AIDS and their families, and homeless persons.
*Note: HOPWA grantees must consult broadly to develop a metropolitan-wide strategy and other
jurisdictions must assist in the preparation of the HOPWA submission.
.
5 Year Strategic Plan Managing the Process Response:
91.200 (b) 1. LEAD AGENCY:
The lead agency for this Plan is the City's Economic Development and Housing
Department. This department administers the federal and state grant programs covered by
this Plan.
91.200 (b) 2. PLAN DEVELOPMENT PROCESS:
The City held a public hearing to report on its program progress and to solicit housing and
corrununity development needs, consulted with its housing and social service providers on
corrununity needs, assessed its neighborhoods, consulted its departments and analyzed its
housing market and affordable housing needs.
The Draft Consolidated Plan was then advertised and made available for review for a thirty-
day public corrunent period. The Plan was then approved by the City's Neighborhood and
Mfordable Housing Advisory Board and City CounciL
91.200 (b) 3. CONSULTATIONS
Consultation is an ongoing process for departmental staff; they maintain a finger on the
pulse of housing and community development issues and needs through the following
means:
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1) Membership in local and state organizations.
2) Participation by City staff on boards, committees and agencies.
3) Discussions at committees supported by the City:
4) Technical assistance to agencies and other entities.
5) Working with local lenders on Community Reinvestment Act commitments and
requirements.
6) Participation in public forums.
7) Holding public hearings.
9) Preparation of documents; flyers and brochures regarding specific programs.
10) Special studies.
During the Plan's preparation, letters and a survey form on community needs were sent to
approximately one hundred and seventeen (117) non-profit housing and social service
agencies the City works with to seek their input. A total of forty (40) surveys were returned.
The City consulted with Pinellas County and its own departments on community
development needs. The City also consulted with the Clearwater Housing Authority on
housing and non-homeless special needs households.
Citizen Participation (91.200 (b)l
1. Provide a summary of the citizen participation process.
2. Provide a summary of citizen comments or views on the plan.
3. Provide a summary of efforts made to broaden public participation in the development of
the consolidated plan, including outreach to minorities and non-English speaking persons,
as well as persons with disabilities.
4. Provide a written explanation of comments not accepted and the reasons why these
comments were not accepted.
*Please note that Citizen Comments and Responses may be included as additional files within the CPMP
Tool.
5 Year Strategic Plan Citizen Participation Response:
91.200 (b) 1. CITIZEN PARTICIPATION PROCESS:
The City of Clearwater has adopted a Citizen Participation Plan (and Anti-Displacement
Plan) that meets all HUD regulations. It is included in the Appendix.
The City held a public hearing to report on the current status of its programs and solicit
public input on housing and community development needs. The Draft Consolidated Plan
was made available for a thirty-day public review and comment period. The City responded
to all written comments received. (See Appendix)
The Draft Consolidated Plan is scheduled to be approved by the Neighborhood and
Mfordable Housing Advisory Board on July 19, 2005 and the City Council on August 4,
2005.
91.200 (b) 2. CITIZEN COMMENTS:
The City received a number of comments from the community and its non-profit social
service providers. These comments centered around the adverse impacts the rapidly rising
housing prices and land values are having on their collective ability to provide affordable
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housing, not only for low income households, but for transitional and supportive housing
for a variety of special needs populations.
.
The comments also sporlighted the need for more holistic self-sufficiency programs for low
income residents.
91.200. (b) 3. EFFORTS MADE TO BROADEN PUBliC PARTICIPATION:
The City maintains ongoing contacts with all its housing, homeless and community
development partners.
In order to broaden the public participation process the City also advertised its meetings on
their City website. The City's Housing Division website also provides comprehensive
information on a wide variety of housing and community development programs.
91.200 (b) 4. COMMENTS NOT ACCEPTED
The City did not receive any comments that were not accepted. The City responded to all
written comments received. (See Appendix)
Institutional Structure (91.215 (i))
1. Explain the institutional structure through which the jurisdiction will carry out its
consolidated plan, including private industry, non-profit organizations, and public
institutions.
2. Assess the strengths and gaps in the delivery system.
3. Assess the strengths and gaps in the delivery system for public housing, including a
description of the organizational relationship between the jurisdiction and the public
housing agency, including the appointing authority for the commissioners or board of
housing agency, relationship regarding hiring, contracting and procurement; provision of
services funded by the jurisdiction; review by the jurisdiction of proposed capital
improvements as well as proposed development, demolition or disposition of public
housing developments.
.
5 Year Strategic Plan Institutional Structure Response:
91.215 (i) 1. INSTITUTIONAL STRUCTURE:
The City utilizes a variety of non-profit organizations to deliver housing, community and
economic development services. In the housing programs the City utilizes the local lending
institutions and mortgage companies to partner with the City to provide affordable housing.
The City funds several non-profit organizations that provide operational support and
services on a county wide level. Both organizations are located in another city of the county
but assist Clearwater residents with their services. As in the past, the City has joined forces
with the City of Largo and Pinellas County to fund county-based non-profit organization
that provides counseling and safe shelter for run-away youths (Family Resources).
The City has developed a wide network of service providers that assist the City with
implementing its housing, community and economic development programs. Our service
providers include such organizations as:
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Clearwater Neighborhood Housing
Services
Tampa Bay Community Development
Corporation
Largo Area Housing Development
Corporation
Pinellas Habitat for Humanity
Community Service Foundation
Homes for Independence
Mt. Carmel Community Development
Corporation
Consumer Credit Counseling Service
Partners in Self Sufficiency
Kimberly Home
Religious Community Services
Community Pride Child Care
Gulf Coast Legal Services
Gulf Coast Community Care
Westcare of Florida
Clearwater Homeless Intervention Project
Homeless Emergency Project
Pinellas Opportunity Council
Family Resources
Directions for Mental Health
YWCA Hispanic Outreach Center
Personal Enrichment through Mental
Health Services
91.215 (i) 2. STRENGTHS AND GAPS IN THE DEUVERY SYSTEM
The City's Service Delivery System continues to work well. Communication and
coordination between the providers is excellent. Many agencies will refer clients to the
various other providers. Many of the Social/Public Services providers are members of the
Pinellas County Coalition for the Homeless and that organization provides a great medium
for coordination and networking.
The City continues to work to bring in more housing non-profits to assist with its Housing
Programs, in particular our housing rehabilitation program. In addition to housing non-
profits, the City continues to recruit more quality contractors to participate in our
rehabilitation and infill housing programs. With the very active new construction market, it
has been hard to fmd additional contractors.
Other actions undertaken by the City included developing institutional structures and
enhanced coordination between public and private housing and social service agencies.
Partners-In-Self-Sufficiency administers a self-sufficiency program that provides housing and
educational opportunities to single parent low-income households. Under the program the
Clearwater Housing Authority provides Section 8 certificates or vouchers to program
participants while they are pursuing education and job training. At the end of the program,
participants should have saved enough money for a down payment on a home. The City's
Housing Division, and other approved housing providers, would further assist them with
obtaining housing opportunities.
The City continues to look for ways to improve and enhance the coordination between our
service providers and routinely solicits input from the providers and clients on how the
system can be improved.
91.215 (i) 2. STRENGTHS AND GAPS IN PUBLIC HOUSING
The Housing Authority operates a variety of self-sufficiency programs that range from rental
assistance to educational opportunities. Residents are involved in the management and the
residents are all kept aware of the various homeownership programs.
There are no gaps in the current system, as the Authority continues to make incremental
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improvements to operations. The Authority is however under-funded by HUD.
MonitorinG (91.230)
.
1. Describe the standards and procedures the jurisdiction will use to monitor its housing and
community development projects and ensure long-term compliance with program
requirements and comprehensive planning requirements.
5 Year Strategic Plan Monitoring Response:
91.230 1. MONITORING
All subrecipients will receive federal and local regulations relating to their specific activity,
along with an explanation as to how these apply to the 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 and all pre-construction conferences are attended by department staff. Documentation
submitted with reimbursement requests is reviewed for compliance with applicable
regulations and measurable objectives prior to issuing funds.
On-site monitoring of selected subrecipients will be scheduled and completed annually by
the Accounting and Contracts Manager and/or the Project Manager. A checklist will be
completed and reviewed to insure all aspects of the activity are carried out in accordance
with applicable regulations. A follow-up letter will be sent to the subrecipient stating the
outcome of the monitoring visit.
In addition to the above documentation, any subrecipient determined to be in need of
and/ or requesting additional training on how to meet grantee and federal requirements will
receive technical assistance in the form deemed most appropriate to the circumstances by
the Accounting and Contracts Manager, Project Manager, or Housing Manager. Additional
technical assistance, if needed or requested, will be given at the time of the annual
monitoring.
.
HOME: Monitoring will be carried out in accordance with federal regulations to insure
compliance with all HOME requirements. Each subrecipient will be monitored on site to
verify that:
. The minimum percent requirement for HOME ~sisted units is being met under
the contract.
. Eligible tenant occupancy meets the minimum percent requirement for HOME
assisted units under the guidelines.
· Contractual requirements regarding concentration of HOME units and special
treatment of HOME tenants are being adhered to.
. The Waiting List procedures are in compliance with the grant covenants.
. The Equal Housing Provisions of the contract are being adhered to.
. The MBE and WEE provisions of the contract are being adhered to.
. The HOME assisted units meet housing quality standards, and on-site files will be
reviewed for the following information:
o Current, signed lease.
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o Verify tenant's signature to an acceptable form of identification.
o Verify monthly rent is in compliance.
o Verify tenant's income is supported by file documentation.
o Verify annual recertification was performed in a timely fashion and m
compliance with contract provisions.
Priority Needs Analvsis and Strategies (91.215 (a))
1. Describe the basis for assigning the priority given to each category of priority needs.
2. Identify any obstacles to meeting under served needs.
Strategic Plan Priority Needs Analysis and Strategies response:
91.215 (a) 1. BASIS FOR ASSINGNING PRIORITIES:
Affordable Housing:
The City has given its highest affordable housing priority to helping low-income renters
achieve homeownership. This will be accomplished through a variety of mechanisms,
including down-payment/closing cost assistance, acquisition and rehabilitation/expansion,
new in-fill housing and demolition/reconstruction programs.
Rapidly rising housing prices are quickly pricing many low-income families out of the market
and this priority has come in response to market conditions. Market forces have also
increased the need for high-quality affordable rental housing, both through the construction
of new complexes, and the rehabilitation of small older complexes.
Because the market has significantly increased the collective equity most homeowners have
in their houses, the City has lowered its owner-occupied rehabilitation programs to a
medium priority in expectations that home owners will have increased access to private
sector capital markets for home repairs.
Homeless:
The City is a member of the Pinellas County Homeless Coalition, which is the lead agency
for the Continuum of Care. The City supports the Coalition and the priorities established in
this Plan match those of the Continuum of Care.
The highest homeless priority is given to ending chronic homeless ness, families with
children, and providing shelters and transitional housing. The City can utilize
CDBG /HOME/SHIP funds to support additional shelters/housing and ESG and general
fund (social services) monies for service delivery.
Non-Homeless Special Needs Population:
The City has given the non-homeless special needs populations (who require supportive
facilities/housing) a medium priority but intends to continue to support activities in this
area. Within this group the elderly are being given the highest priority.
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Community Development:
The City will continue to place its highest priority on the holistic physical revitalization of its
older low-income neighborhoods and commercial areas. These activities include physical
improvements such as roads, storm drainage, water & sewer, sidewalks and landscaping;
public facilities such as parks, recreation areas, senior centers, community centers and public
safety facilities; along with commercial fac;:ade improvements, neighborhood clean-ups, code
enforcement, the demolition of unsafe structures and historic preservation.
.
91.215 (a) 2. OBSTACLES TO MEETING UNDERSERVED NEEDS:
The biggest obstacle to meeting all the City's identified needs is the continued ongoing
cutbacks in funding at both the federal and state levels for programs that help the City's less
fortunate.
The lack of available land and rapidly rising housing prices will continue to put constraints
on the City's ability to provide affordable housing. Rapidly rising prices will also increase the
need for affordable rental units for households being priced out of the owner market. The
need for affordable rental projects will also increase as apartment complexes are converted
into condominiums.
On the positive side, existing owners have benefited; and rising housing prices have made
the City's older neighborhoods more attractive for infill housing. Rising prices and strong
demand will also create new opportunities for economic development/revitalization in older
areas within the City in the future.
Lead-based Paint (91.215 (9))
.
1. Estimate the number of housing units that contain lead-based paint hazards, as defined in
section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, and are
occupied by extremely low-Income, low-income, and moderate-income families.
2. Outline actions proposed or being taken to evaluate and reduce lead-based paint hazards
and describe how lead based paint hazards will be integrated into housing policies and
programs.
Strategic Plan Lead-based Paint Response:
91.215 (g) ESTIMATED NUMBER OF UNITS WITH LEAD-BASED PAINT:
The Pinellas County Health Department has provided the following estimates on the
number of pre-1980 housing units Oead-based paint was banned in 1978) that may contain
lead-based paint and be occupied by low-income households. HUD believes these are the
households with the greatest risk for lead-poisoning in children.
As the following table displays, an estimated 15,877 low-income households in
Clearwater met this basic criteria.
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Table 3. City of Clearwater - Age of Units by Tenure and Occupancy And Estimated Lead
Based Paint (LBP) Exposure*
Age of Tenure Total VLI/LI*** Households
Units Units Units Percent With LBP
(010)
*****
Pre 1940 Renter 744 677 91 609
(est. 90% with LBP + /- Owner 871 470 54 423
10%)** Total 1,615 1,147 71 1,032
1940-1959 Renter 3,282 2,823 86 2,258
(est 80% with LBP +/- 10%) Owner 6021 3.492 58 2,794
Total 9303 6.315 68 5.052
1960-1979 Renter 8651 7,007 81 4,344
(est 62% w/ LBP +/- 10%) Owner 15,153 8,789 58 5,449
Total 23.804 15,796 66 9,793
Renter 12.677 10.775 85 7.211
Owner 22,045 11,243 51 8,666
Total pre-1980s units 34,722 15,877
Total **** 22,018 63 ( 46010)
* Represents data from 2000 Census Tract and City Reference,
**Represents the estimated number of homes with lead based paint.
*** VLI/LI represents very low income and low-income residents; LBP represents "lead based paint"
****Represents 12% of the county's pre-1980s housing (288,566)
***** Based on previous 1990 data from Pinellas Consortium Consolidated Plan
As the following table displays, there were a total of 35 cases of childhood lead-
poisoning reported within the City over the last five-years. As this table also displays,
the number of cases reported each year has been in decline.
Five Year Screenin
2000
St.
Petersbur
aearwater
Pinellas
Consortium
Areas
Pinellas
Count 5,249 47 4,939 31 5,605 16 6,479 26 4,378
2000-04, countywide 26,650 children screened with a new case rate of 5.0%, which 127% above the national rate of
2.2%
6
4
72
35
3,361
18
4
2,243
1,152
10
11
2,264
11
2
1,325
2,304
1,250
1,331
4
27
809
1,385
2,010
983
3
1,793
4
6
10
14
134
Utilizing a risk assessment process, the Health Department believes that 96 children within
the city of Clearwater are at risk of lead poisoning.
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Analysis of Lead Poisoning Risk Factors for Pinellas County Communities
Total Est #
Pb Housing #1% Houses #1% Pre-SO Children
Children Cases Total Units Pre- Built PreSO Units occ Under 6
Area Under 6 '00- Housing Built 60 before Rental byVU yrs
yrs 04 Units before Rental 19S0 Units Household Potentially
1960 Units (j:l%) (j:l%) wI LBP Lead
*** Poisoned *
Pinellas 10,609 39,261 19,419
County 33,860 26 300,322 43,269 (25%) 160,800 (24%) (12%) 745
Consort
30,878 ***
St. Pete 15,909 72 124,525 48,679 13,124 93,044 (33%) 44,720 350
(27% ) (48%)
4,026 12,677
Clearwater 4,3S6 35 56,726 10,91S 34,722 15,877 96
(37%) (37%) (46%1
Total ** 82,816 ****
Pinellas 54,155 133 481,573 102,866 27,759 288,566 127,640 1,191
County (27%) (29%) (44% )
.
* Based on national finding of the NHANES (1999-2000) survey report of 2.2%. ** Based on 2000 Census data for
owner and rental occupied housing ***Based on City of St. Petersburg's Consolidated Plan, 2000-2005, an
estimated 65% (20,001) of the pre-1950 homes are occupied by low-income renters. **** Estimated provided by
HUD for the development of the Consolidated Plan.
As the following table displays, the number of lead-poisoning cases among children has
been in long term decline within the County, declining from 311 new cases in 1993 to
only 14 in 2003.
1993 311 6,637* 4.7% 46.8 .
1994 275 8,295* 3.3% 33.2
1995 153 7,628* 2% 20.1
1996 116 6,543* 1.8% 17.7
1997 104 6,196* 1.7% 16.8
1998 73 6,614* 1.3% 13.3
1999 60 5,581 1.1% 11.6
2000 47 5,249 0.9% 9.0
2001 31 4,939 0.7% 6.3
2002 16 5,605 0.3% 2.9
2003 25 6,479 0.4% 3.9
2004 14 4,378 0.3% 3.2
-r9~I/Avg. 1,225** ?4i.44***1.7%
*Years 93-98 may include repeat and follow-up screenings
** 82%(1,000/1,225) of the cases were in St. Petersburg, and 5%(63,1,225) were in Clearwater.
*** 38,845 children were saeened between 1998-2004, and 266 lead poisoned children were identified with a case rate of 6.8 per 1,000.
91.215 (g) 2. LEAD-BASED PAINT ACTIVITIES
The Pinellas County Public Health Unit has established lead screening clinics to screen for
and treat high levels of exposure to lead. National estimates place 2,504 children in the
Tampa Bay area at risk for high levels of lead in their blood. In order to identify high risk
neighborhoods, the Pinellas County Public Health Unit gathered data from the 2000 census
on age of housing, number of children under six years of age, median family income and
tenure (i.e., rental property). Based on this data, a high risk level matrix was developed.
.
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The overall goal of the City is to reduce or eliminate lead-based paint hazards and prevent
childhood lead poisoning. This will be accomplished through a coordinated effort of public
and private sectors.
Public and private efforts are currently underway. The Pinellas County Public Health Dept.
is taking the lead in addressing lead poisoning in the community and has received a grant
from the Center for Disease Control and Prevention. During the years 2000-2004 26,650
children were screened for lead poisoning throughout Pinellas County by local pediatricians
and health care facilities. One hundred thirty-four cases of lead poisoned children were
identified. This program will continue to be expanded, especially in the already identified
high risk target areas.
Lead-Based Paint Hazard Reduction - The City follows procedures as specified in
applicable regulations and, specifically, those detailed in Title X. The Department and its
representatives provide all required notifications to owners and occupants and inspect for
defective paint surfaces of pre-1978 properties. Any defective paint conditions found are
included in the scope of work and treatment provided to the defective areas. No children
under 7 years of age have been found to have identified Environmental Intervention Blood
Lead Level (ElliLL) condition; however, interior chewable surfaces are treated as necessary.
All Department policies and procedures have been revised to conform to Title X. A staff
member, EP A certified, orders and reviews paint inspections, risk assessments and clearance
testing of suspect properties done by licensed testing professionals.
.
In every program where Federal funds are expended on a housing unit, the City incorporates
the current procedures for hazard reduction or LBP abatement guidelines as defined in 24
CFR Part 35.
.
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Housina Needs (91.205)
*Please also refer to the Housing Needs Table in the Needs.xls workbook
1. Describe the estimated housing needs projected for the next five year period for the
following categories of persons: extremely low-income, low-income, moderate-income,
and middle-income families, renters and owners, elderly persons, persons with disabilities,
including persons with HNjAIDS and their families, single persons, large families, public
housing residents, families on the public housing and section 8 tenant-based waiting list,
and discuss specific housing problems, including: cost-burden, severe cost- burden,
substandard housing, and overcrowding (especially large families).
2. To the extent that any racial or ethnic group has a disproportionately greater need for any
income category in comparison to the needs of that category as a whole, the jurisdiction
must complete an assessment of that specific need. For this purpose, disproportionately
greater need exists when the percentage of persons in a category of need who are
members of a particular racial or ethnic group is at least ten percentage points higher than
the percentage of persons in the category as a whole.
5 Year Strategic Plan Housing Needs response:
91.205 1. ESTIMATED AFFORDABLE HOUSING NEEDS BY CATEGORY
The estimated CHAS - 2000 Table Housing Heeds by category are:
Extremely low-income:
Low-income:
Moderate income:
Renter Households: 1,817 Owner Households: 1,197
Renter Households: 1,073. Owner Households: 864
Renter Households: 291. Owner Households: 614
.
Middle income: Needs can be met by the marketplace
Renters/Owners: Skyrocketing housing prices are making ownership difficult for low-
income households. Also increasing the need for high-quality, affordable rental units.
Persons with disabilities: 250+ units
Persons with HIV: 25+ units
Single persons: They have fewer problems in the marketplace because of the wide
availability of small one & two bedroom houses.
Large families: 250+ units
Public housing residents: 500+ units
Families on PHA waiting lists: 500+ units
Specific Housing Problems:
Cost burden: In 2000, 41 % of all renter households and 26% of all owner households paid
over 30% of their income on housing and were considered cost-burdened.
Severe cost burden: In 2000, 19% of all renter households and 13% of all owner households
paid over 50% of their income on housing and were considered severely cost-burdened.
Substandard: On a percentage basis, the City's Census indicators of sub-standard Oacking
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complete kitchens, bathrooms or heat) are far below the statewide average.
Overcrowding/Large Families: On a percentage basis the City has less large families than
statewide, but the majority of low-income large families lived in overcrowded conditions.
91.2052. DISPROPORTIONATE NEED
Mrican-Americans and Hispanics are disproportionately represented among lower-income
households. Since homeownership rates rise with income levels minorities also have far
lower homeownership rates then White households. This group also tends to lack
educational skills (and even language skills) needed to achieve self-sufficiency.
Priority Housing Needs (91.215 (.b.ll
1. Identify the priority housing needs in accordance with the categories specified in the
Housing Needs Table (formerly Table 2A). These categories correspond with special
tabulations of U.S. census data provided by HUD for the preparation of the Consolidated
Plan.
2. Provide an analysis of how the characteristics of the housing market and the severity of
housing problems and needs of each category of residents provided the basis for
determining the relative priority of each priority housing need category.
Note: Family and income types may be grouped in the case of closely related categories of residents
where the analysis would apply to more than one family or income type.
3. Describe the basis for assigning the priority given to each category of priority needs.
4. Identify any obstacles to meeting underserved needs.
5 Year Strategic Plan Priority Housing Needs Response:
91.215 (b) 1. PRIORITY HOUSING NEEDS:
NOTE: This information is drawn from HUD's CRAS - 2000 Housing Needs table, which
is included in the attached tables.
HUD Special Census Information
In 2003, the Census Department prepared a special report for HUD using 2000 Census data.
This report documented those households within the City of Clearwater who had either
been paying over 30% or even 50% of their income for housing; or had other housing
problems, such as: over-crowding or living in a unit that lacked complete facilities, such as
plumbing, kitchen or heating.
Number of Households in Need of Assistance - 2000
City of Clearwater
LOW INCOME RENTERS
HUD found that of the City's 3,182 poverty level (<30%MFI) renter households, 71% had
housing problems (2,259 households), and 57% paid over 50% of their income for housing
(1,817 households) which is considered severely cost-burdened.
Among very-low income (31-50% MFI) renters, this survey found that of the 2,636 very-low
income renter households, 84% had housing problems (2,220 households), and 41% paid
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over 50% of their income for housing (1,073 households) which is considered severely cost-
burdened.
.
Among low income (51-80% MFI) renters, this survey found that of the 3,784 low income
renter households, 57% had housing problems (2,149 households), but only 8% paid over
50% of their income for housing (291 households) which is considered severely cost-
burdened.
Low-Income Elderly Renter Households
Among low-income elderly renter households in 2000: 67% of poverty level (547
households), 76% of very-low income (681 households), and 60% of low income (486
households) reported having some housing problems. Among elderly renter households:
51 % of poverty level (414 households), 52% of very low income (465 households) and 22%
of low income (179 households) paid over 50% of their incomes for housing, which is
considered severely cost-burdened.
Low-Income Small-Related Renter Households
Among small-related member renter households: 74% of poverty level (757 households),
91% of very low income (640 households) and 55% of low income (610 households)
reported having some housing problems. Among small related member renter households:
62% of poverty level (631 households), 31% of very low income (220 households) and 1%
of low income (145 households) paid over 50% of their incomes for housing.
Low-Income Large-Related Renter Households
Among large-related (5+) member renter households: 93% of poverty level (203
households), 89% of very low income (164 households) and 78% of low income (216
households) reported having housing problems. Among large-related (5+) member renter
households: 60% of poverty level (131 households), 15% of very low income (28
households), and 1% of low income households (39 Households) paid over 50% of their
incomes for housing.
.
All Other Low-Income Renter Households
Among the remaining renter households: 67% of poverty level (753 households), 87% of
very low income (735 households) and 53% of low income (838 households) reported
having some housing problems. Fifty-seven percent of poverty level (641 households), 42%
of very low income (360 households), and 6% of low income households (93 households)
paid over 50% of their incomes on rent.
LOW INCOME OWNERS
Note: While this iifOrmation compares owner housing expenses with incomes it does not include a1fY
iifOrmation on whether the homeowner even has a mortgage (38% do not).
The HUD special Census run found that of the 1,965 poverty level (<30%MFI) owner
households, 77% had housing problems (1,521 households), and 61 % paid over 50% of their
income on housing (1,197 households) which is considered severely cost-burdened.
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Among very low income (31-50% MFI) owners, this survey found that of the 2,483 low
income owner households, 68% had housing problems (1,696 households) and 35% paid
over 50% of their income on housing (864 households) which is considered severely cost-
burdened.
Among low income (51-80% MFI) owners, this survey found that of the 4,723 low income
owner households, 45% had housing problems (2,111 households) and 13% paid over 50%
of their income on housing (614 households) which is considered severely cost-burdened.
Elderly Low-Income Owner Households
Seventy-six percent of poverty level (929 households), 63% of very low income (998
households) and 29% of low income (758 households) reported having housing problems.
Fifty-four percent of poverty level (666 households), 29% of very low income (451
households) and 10% of low income (261 households) reported they paid over 50% for
housing which is considered cost burdened.
Small-Related Low-Income Owner Households
Eighty-four percent of poverty level (222 households), 80% of very low income (326
households) and 64% of low income (652 households) reported having housing problems.
Seventy-eight percent of poverty level (208 households), 49% of very low income (200
households) and 18% of low income (186 households) reported they paid over 50% for
housing which is considered cost burdened.
Large-Related Low-Income Owner Households
Seventy-one percent of poverty level (24 households), 100% of very low income (62
households) and 79% of low income (102 households) reported having housing problems.
Forty-one percent of poverty level (14 households), 39% of very low income (24
households) and 3% oflow income (4 households) reported they paid over 50% for housing
which is considered cost burdened.
All Other Low-Income Owner Households
Sixty-nine percent of poverty level (177 households), 80% of very low income (101
households) and 81% of low income (312 households) reported having housing problems.
Sixty-eight percent of poverty level (153 households), 53% of very low income (67
households) and 32% of low income (123 households) reported they paid over 50% for
housing which is considered cost burdened.
91.215 (b) 2. ANALYSIS
The 2000 Census found that the median gross rent (ha!f above/ ha!f below) in Clearwater was
$637 or 27% of the average renter's income. The City's gross rent was slightly lower than
the statewide median rent of $641 and the national median of $647. 'Gross rent' includes
rent and utilities.
In 2000, 7,547 renter households, 41% of all renters, were paying over 30% of their income
for housing. Nineteen percent (3,449 households) paid over 50% of their incomes on rent.
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As the following table displays, the percentage of households paying over 30% for rent
declines with age until retirement, when it rises again. Sixty-three percent of all renters over
75 paid over 30% for housing.
.
Under 25
25 to 35
35 to 45
45 to 55
.55 to 65
. 65 to 75
Over 75
Total
S 01111:': 2000 Census-
When looked at by income level, income is the major determinant of affordability problems.
Households with incomes below $35,000 are having the most problems in the
market.
Income
Under $10,000
~10to~20,o00
,~~() to. $:3.5,O()()
$35 to $,50,000
$?O toJ75,OOO
$75 to~10(),OQO
Over $100,000
Total
010 of
Number Se2ffient % of Total
2,040 68% 27%
2,773 80% 38%
2,197 45% 29%
412 33% 5%
113 5% 1%
12 1% 0
o 0 0
...._.n..n.u..uu...._.n_._________nu.______nu__n____n__________nnnuh___..
7 ~47 41% 100%
.
S OHrce: 2000 Census.
Note: When the Census tabulates owner-occupied housing i'!ftrmation, thry exclude i'!ftrmation on
condominiums and mobile homes, which each make up less than five percent qf the nation's housing stock.
"Specified" housing is defined as singlefamity detached. 7)picalty Census exclude i'!ftrmation received from
condominiums and mobile homes, each qf which makes up less than 5% qf aU units in the nation. This
excluded i'!ftrmation from one-third qf the City 1 owner households.
The ownership market must be looked at in a different way than the rental market because
people choose to own. This is especially important in an era of low mortgage rates and
booming housing values. This investment aspect of housing has also encouraged households
to over-spend for housing. The average household in America now spends 31% of its
income on housing.
In addition, many elderly households may statistically appear to have a housing affordability
problem, yet may own their home mortgage free.
.
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Ciry if Clearwater
In 2000, 5,136 (26%) of the City's 'specified housing' owners reported paying over 30% of
their incomes for housing, while 3,130 owner households (13%) reported paying over 50%.
As the following table displays, when looked at by age, households over 65 make up 30% of
those paying over 30% for housing.
0/0 of
A2e
Under 25
25 to 35
35 to 45
45 to 55
55 to 65
65 to 75
,Over 75
Total
NUlDber Se2D1ent % of Total '
60 55% 1%
486 27% 11 %
1,172 28% 21%
1,1,?() , 25% 18%
763 25% 19%
864 27% 20%
..................~.~!.............??~(~.........,..........!.Q"!.~..........
5,136 26% 100%
S o,,,,:e: 2000 CetISNS.
j\J9'[E.:"For_Spe<iJiecl..<:Axtner lJ11its
When looked at by income level, an income above $50,000 appears to be the key break point
for affordability within the City. As the following table shows, income level is the key
determinant in affordability.
Income
UnclerJI0,OOO
$10 to $20,000
$20to$3,?,OOO
$35 to $50,000
$50 to . $75'000
$75to $100,O()O
'. $100 to $150,000
Qv:erJI50,OOO
Total
Number
795
1,058
1,694
940
430
148
46
25
5,136
0/0 of
Se2D1ent
78%
63%
47%
25%
9%
6%
3%
2%
26%
% of Total .
15%
21%
33%
18%
8%
3%
1%
0%
100%
S 011= 2000 CensIIS.
N O'[E.: For Specified Owner Units
91.215 BASIS FOR ASSIGNING PRIORITIES
As the four following summery tables displays, it is those households with incomes below
50% of the median who are having the most trouble in the rental marketplace.
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Low-Income Renters
.
Income Level
Poverty Level (<30% MFI)
\Yt:1Y ~F:(~:_S.Q'YoIvfB). .
i ~F: .(50:~ool"oIvfFl)..
Total
With Any
Housing
Problems
_n",,,,",m","_,'
Paying
Over 50%
for Rent
2,259 i
m2,??<? .
2,149 i
6,628 i
1,817 ;
. 1,0}}! .
291 .
3,181 ;
0/0 % of Total
57% 57%
41% 34%
8% 9%
100%
S01lTfr HUD, 2004.
This information validates the City's current policy of focusing it housing programs
on households making below 50% of the median.
The following table shows those households by type.
Low-Income Renters by Type
Paying
Over 50%
for Rent % of Total
Household bv Type
Elderly
Small-Related
1,058 32%
996 30%
198 6%
......mm...y~?.~..........}~!~..........
3,346 100%
.
Large~Related
All Other Households
Total
5.11= BUD, 2004
Note: ElderlY households, especialfy in Florida, with its high percentage qf relativelY cifIluent retirees should
be examined more closelY when looking at housing 4fOrdabiliry issues. Transportation and other dailY costs qf
working age households drop dramaticalfy upon retirement and pqying over 30% or even 50% qf income jOr
housing mqy not create the financial hardships that it does for younger households.
Owners
As with renters, it is those owners with incomes below 50% of the median that are most cost
burdened.
Low Income Owners by Income
With Any
Housing Paying % of
Income Level Problems Over 50'% Sewnent 010 of Total
Poverty Level (<30% MFI)
Ye1Y~F:{~:5()0(0 MB)
. ~F: (50:800(oIvfFl)
Total
1,521 1,197 : 61% 45%
l,(j96 864 ; 35% 32%
:...............~"'~.~}..L..'.m_.._._...~~1..L........Pr.?..........;..........??.'Y.~.....m..
5,328 '2,675 100%
S01lrce: HUD, 2004.
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Ciry 0/ Clearwater
The following table shows those low income owners paying more than 50% for housing by
type. As this table displays, the elderly are the largest group paying over 30% for housing
(52%).
Household by Type
,:Elderly
Small-Related
~e:Itelate<i
All Other Households
Total
0/0
1,378 :
596
42
'm......mm....~.??..;
2,671 '
52%
22%
2%
25%
100%
.S~'!e:1:IJ!I?, 2CX:Ji.
HousinG Market Analvsis (91.210)
* Please also refer to the Housing Market Analysis Table in the Needs.xls workbook
1. Based on information available to the jurisdiction, describe the significant characteristics of
the housing market in terms of supply, demand, condition, and the cost of housing; the
housing stock available to serve persons with disabilities; and to serve persons with
HNjAIDS and their families.
2. Describe the number and targeting (income level and type of household served) of units
currently assisted by local, state, or federally funded programs, and an assessment of
whether any such units are expected to be lost from the assisted housing inventory for
any reason, (i.e. expiration of Section 8 contracts).
3. Indicate how the characteristics of the housing market will influence the use of funds
made available for rental assistance, production of new units, rehabilitation of old units, or
acquisition of existing units. Please note, the goal of affordable housing is not met by
beds in nursing homes.
5 Year Strategic Plan Housing Market Analysis Response:
91.210 1. SIGNIFICANT CHARACTERISTICS OF THE HOUSING MARKET:
The 2000 Census provides the most detailed look at the City's population and housing
make-up. This information can then be compared with the 1990 Census to show how a
community has changed over time. Proprietary information then allows us to move this
information forward to 2004 and project it forward through 2010.
In addition, this information has been combined by Claritas, Inc. (the nation's largest data
provider) to put a human face on the information by dividing America's households into 66
different lifestyle 'clusters' that share similar socioeconomic traits, such as age, income,
wealth, education, tenure and urbanicity.
POPULATION
The 2000 Census found 107,925 people living within the City of Clearwater, a 9% increase
from 1990 as 9,141 new residents arrived. The City is totally urbanized (100%).
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Three point six percent of the City's population (3,877) live in group quarters: 1,386 people
(1.3%) are institutionalized and 2,491 (2.3%) are not. This is below the state/national rate.
.
Eighty-four percent of the City's population are white, 9% are Mrican-Arnerican (vs. 13%
statewide) and only 2% are Hispanic (vs. 17% statewide).
The City's median age is 42, well above the national average of 36 and even Florida's median
age of39.
HOUSEHOLDS
People group themselves into 'households' and household information can provide a better
look at a community's population characteristics. In 2000, there were 56,726 households
living in the City. As Table 1 shows, the City's age structure is much older than Florida's.
Forty-five percent of all households are headed by someone over 55.
. Under 35
35 to 55
55 to 65
Over 65
Households by Age
2000 Florida
190/0 190/0
36% 39%
140/0 150/0
31 % 27%
S ouree: 2000 Census.
.
Thirty-one percent of the City's households are headed by someone over 65 and 17% are
headed by someone over 75.
Fifty-seven percent of the City's households are also families (related), which is below both
the statewide (67%) and national rate (68%). This is also a reflection of the elderly nature of
Pinellas County and the City.
Reflecting the older age structure and high concentration of retirees who tend to have lower
incomes, the City's income levels are close to the statewide average.
Households by Income
Income Rang-e
. Under $25,000
. $25 - $50,000
'$50 - $75,()00
'$75-$100,000
. Over $100,000
. S ouree: 2()(}() Census. .
Clearwater: Florida
32% 31 %
32% 32%
19% 18%
8% 9%
9% 10%
US
29%
29%
19%
10%
12%
In 2000, the City's median household income was $36,494 which was lower than the
County's ($37,111), the statewide median of $39,303 and national median of $41,994.
.
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The City's median family income was $46,228, which is close to the County's ($46,925), is
above the statewide median ($45,625), but below the national median of $50,046.
The following map displays the City's Median Household Incomes.
e
By ee.... _ -.... 2IIIl4
o U11deT $2~,OOO
!3l $25,000 '0 $50.000
!II!I $50,000 to $75.000
III $15,000 to $IOO,om
III $100JJOG to 1125.000
PERSONAL INCOME
As the following table shows, only 58% of Pinellas County's collective income in 2002 came
through earnings rather than pensions or savings, which is close to Florida (59%) but lower
than the US (68%). This table also spotlights the importance of Social Security pensions
(transfer receipts) to the County's economy. One dollar in four came into the County this
way, far higher than the state/national rate of 15%.
Net Eamings
Personal Income
&
0/0
68%
15%
17%
e
Despite this, the County's per capita income of $33,167 is higher than the state or nation.
The City's per capita income in 2000 was $22,786, only two-thirds of the County's.
City qf Clearwater
POVERTY
Twelve percent of the City's population lives in poverty, which is above the County rate
(10%), below statewide (13%) and matches the national rate of 12%.
e
HOUSEHOLD SIZE
The City's average household size of 2.17 persons per household is lower than the state's
(2.4) and well below the national rate of 2.67. Reflecting the City's elderly make-up, small
households (1 & 2 person) make up almost three-quarters (12%) of all households. Only 6%
of the households have five or more persons.
Household Size
Size Number 0/0 Florida US
1 17,104 35% 27% 26%
2 17,838 37% 37% 35%
3 6,269 13% 15% 17%
4 4,388 9% 12% 14%
5 1,710 40/0 6% 7%
6 529 1% 2% 2%
7+ 417 10/0 10/0 2%
..............................................................................................................................
48,255 100% 100% 103%
Source: 2000 Census
EnUCATIONALATTAlNMENT LEVELS
e
Overall, the City's population is better educated than state or national averages. As the
following table displays, 32% of the City's over 25 residents have an Associate's degree or
better versus 18% for Florida and 21% for the nation. Conversely only 16% have not
finished high school versus 33% for the state and 28% for the nation.
Educational Attainment Levels
Less than High SdlOOI
High SdlOOI
Some College
Associate
Bachelor's
Graduate/Professional
Source: 2000 Census.
Clearwater
16%
29%
23%
8%
16%
8%
Florida
33%
29%
20%
6%
8%
40/0
US
28%
30%
23%
6%
90/0
60/0
EMPLOYMENT
The number of jobs within Pinellas County grew slowly (11 %) during the 90s. This was half
the statewide average.
Only twelve percent of the City's workforce commuted outside the County to work. Eighty-
seven percent of the workforce drove to work, 4% took public transportation, and 4%
worked at home. Sixty-one percent of all commuters drove less than thirty minutes to work.
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5 Year Strategic Plan (07.13.05)
32
Version 1.3
City if Clearwater
.
Employee by Industry - Clearwater
Industr Number !
l,~~<:l:l!~.~...!,,<?~~ty,,!,,~,~~g....
i Minin
!mm,gmmm
: Construction
i~m~~~g....
Wholesale Trade
~,..y.._,.._.~_,,,.,..._....W"~"""""""W'''Y~W,'',_'.W'_"_''''
Retail Trade
. ,,_,_,..m....".w....w..,...w
: T~~l'.<?~~<?~~.~~!!<?1;1~.irt.g~!:Ttili~~~
,.!p:form~~l?~.
,F'ir1at1l:e~)1:J,~1;1J:l1!ll:e~~e111:E<:s~ate .
iP~~~.!>.i2..n.~.~rvices
i Education Health & Social Services
,_~...__,......._n........,._.,._._..._........."...._._.....'..d,.^"<_..'.'.',...'.'.'.'.'..'.'.....'.'.m.v_...'"."mon'"
iJ:':!:1!~~l!ir1IYl~t~ Aca:>IYlIYl<:><:la.ti()!:1..~ !"l?()<:l~rvi~ ..
1Qt:l:1~~rvi~!>.. ........... ...m.'
i Public Administration
: Total
'2.;7
.......i?~_..,...,..
.....'2.>.Q??.I.......
. . .. ?~?Q1:.
1941
m!,(i'!:Q
i,.(j,!:?
.6~?~2 '
8~940 'i.
. W~ji:irm
3,695 ;
.., I
3,394 !
53,289 I
l S OHrr:e: 2000 CenstlS
PRIZM Socioeconomic Clusters - 2004
.
0/0
-''''--'~'''-'1
5010 .. ..i
90/0
4%
14%
4%
.. '_~.'.~'"'' "..,_......_...www._. 'W_M'~""i
3%
9%
13%
17%
10%
70/0
7%
100%
The nation's demographers are increasingly utilizing socioeconomic to plot a 'human face'
on otherwise static information. The PRIZM socioeconomic clusters are a product of
Claritas Inc., the nation's largest proprietary data provider. The PRIZM system has divided
the nation's households into small groups (1.5% of all households) that share similar
characteristics, such as wealth~ income~ education~ employment, tenure, lifestyle~ and urbanity
patterns. These clusters range from the super wealthy to the very poor.
When looked at from the PRIZM perspective~ the City's income levels reflected the nation.
Twenty-percent of the City's households are upper middle income or above~ while 23% are
considered low/very low income.
PRIZM Social Groups are groups of individual clusters that share geographic similarities.
As the following table displays, the City's households are those found in larger urban areas.
While the City has clusters from 7 of the 14 PRIZM Social Groups, three groups make-up
82% of all households.
.
5 Year Strategic Plan (07.13.05)
33
Version 1.3
City qf Clearwater
PRIZM Social Groups
U-l
Urban Uptown $ HH
The nation's wealthiest urban consumers.
4YoungDigcrati us 783
7 ~oneylll:Bmins us 3,310
16 Bohemian Mix UM 1,938 '
26 TheCosrnop"litans M 4,760;
29 Ameriam Dreams M
U-2
Midtown Mix
Midscale urban mix.
31 Uman A<hievers
40 Qos<>:In Couples
54 Multi-Culti Mosaic
U-3 Urban Cores
. >~,!:~(:olll~~~~~~ty~
59 Uman Elders
._,.."...>.........."_.~.m_.__ ..
. ..sl ...(;ity~"ts
65 .. Big9ty~lIes
66 Lo",::Rise Liw,g
S-1
~,76~+.
1S,554 :
1M
1M
1M
2,487 '
5,809 ,
5,610,
13,906,
P
.D
D
P
I.ll:!:?
S,?7:f.
2,!13
847
16,359. 21%
Elite Suburbs
The most afBuent suburban social group.
1 Upper Crust W 783
2 Blue Blood Estates W
3 Movers & Shakers W 473
6 Winner's an:le W
t,256
S-2
The AfBuentials
Upeer:miclcll~~(:()lIlesuburbanlifestyle~
8 E][WQ.ltive Suites UM 498
14 New Empty Nests UM 1,182
15 Pools & Patios UM 764
17 Bdtway Boomers UM
18 Kids & Cul-de-Ssa UM
19 Home Sweet Home UM 100
2,544 SOlo
S-3 Middleburbs
Middle income suburban lifestyle.
21 Gmy Power M
22. Young Influentials
1,865
36
39 Domestic Duo s
S-4 Inner Suburbs
Lower-middle income inner-ring suburbs.
44 New Beginning1 1M 13
49 Ameriam Oassia
52 Suburoan Pion"""
Income Levels
W
US
UM Upper Middle = -$75,000
M Middle = -$50,000
LM Lower Middle = -$35,000
D Low = -$25,000
P Poor = <$20,000
SOlI,.,,: CIoritos, It".: 2005
1M
1M
0/0
32%
29%
30/0
60/0
40/0
Clearwater
C-l
Second CitySociety $
. ,'W'eaIthYruraIfto\Vlllifestylc:s
10 Sea>11d City Elite US
12 Brire.Lires- Iittie(;ity UM
13U1""lI1XI BOund UM
HH
C-2
...._,~IIl11!l<::~ty<::!!:lt.!r,~.,; .
SlDall.City..lDicld1e:~c.ODIe1'llral/to\Vlllifestyles
24 Up and Comers M
27 Middlebeif; Manog=; M
34 White Pid<et F",= M
35 Boomtown Singles 1M
41 Sunset City Blues 1M
C-3 Micro-City Blues
> .SID.lll!.<::i.ty.rur~l.to\Vllcl()\VIls(:ll!~lifes.tyl~s
47 . gty~taJ:tl1ps. P
.53.Mobility~llles J:)
60 PaJ:k Bal<h Seniors P
. . .._..,........-.....__<.......>_.'.'_._.".''_..._"._._'''0.___..______.. ,,,..,
62 Hometown Reti=i D
~ ___ .__.__~_~___._____.__.,.w__,._.."__,,,......_
63 Family Thrifts D
T-l
Landed Gentry
Wealthy exurban lifestyles
5 CounuySquires W
9 Big Fish - Small Pond US
11 God's Country US
20 Past-Tmd< Families UM
25
Country Casuals
UM
T-2
Country Comfort
Middle-class exurban lifestyles
23 Greenbdt sports M
28 Traditional Times M
32 New Homesteaders M
33 Big Sky Families M
37 Maybeay-ville M
T-3 Middle America
Middle-class small town lifestyles
38 SimplePlcosures Ll'd
T-4
48
55
56
57
58
64
Young & Rustic
Gold", Ponds
Crossroads Villag=
Old Milltowns
Bad< Country Folks
Bedrod< America
5 Year Strategic Plan (07.13.05)
Version 1.3
L
34
.
%
0%
0%
0%
0%.
0%
0%
0%
.
e
The PRIZM Social Group 'Urban Uptown' are affluent to middle-class, college educated, ethnically
diverse city dwellers. They make up 32% of the City's households.
o UU//ill1:1OO
~ ~:t:;
m l,)OOt<l1.)ll~
e
The PRIZM Social Group 'Midtown Mix' is the nation's most ethnically diverse, middle-income,
childless urban singles and couples. They make up 29% of the City's households.
o Undi!!"jOO
[J J001\l.1JJOO
II 1,(I0O'm1,31)O
m 1)OfJto2jlOO
e
The 'Urban Cores' PRIZM Social Group are ethnically diverse low-income retirees and young single
renters. They make up 21% of the City's households.
e
"..0.1.'" CeJUU:!l Bleck Group
o Undl/:r>>:l
ra 2.5Oto ~
II 500 10 no
1fI 1301<) 1,OOQ
fI l.ooow2;jOO
e
Low Income PRIZM Clusters
PRIZM found 11,196 households that are low income, 23% of all the City's households.
They can be subdivided into two sub- groups:
.
Low Income Retirees - 6,411 households (57%)
Working Poor - 4,785 households (43%)
Low Income Retirees - 6,411 Households
Old Glories - 837 Households
Old Glories are the nation's downscale suburban retirees, Americans aging in place in older apartment
complexes. These racially mixed households often contain widows and widowers living on fixed incomes, and
they tend to lead home-centered lifestyles. They're among the nation's most ardent television fans, watching
game shows, soaps, talk shows and newsmagazines at high rates.
Median H:H Income:
Ethnic Diversity:
Family Types:
Age Ranges:
Education Levels:
$30,194
High Black
Singles
65+
High School
Employment Levels:
Housing Types:
Urbanicity:
Income:
Be, we, Service
Renters
Suburban
Downscale
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Ciry qf Clea171Jater
City Roots - 5,574 Households
Found in urban neighborhoods, City Roots is a segment oflower-income retirees, typically Jiving in older
homes and duplexes they've owned for years. In these ethnically diverse neighborhoods -more than a third are
African-American and Hispanic- residents who are often widows and widowers living on fixed incomes and
maintaining low-key lifestyles.
e
Median fffi Income:
Ethnic Diversity:
Family Types:
Age Ranges:
Education Levels:
$26,240
High Black & Hispanic
Singles 1 Couples
65+
Elementary IH.S.
Employment Levels:
Housing Types:
Urbanicity:
Income:
Working Poor - 4,785 Households
Service, BC, WC,
Homeowners
Urban
Downscale
Urban Elders -1,825 Households
For Urban Elders -a segment located in the downtown neighborhoods of such metros as New York, Chicago,
Las Vegas and Miami-life is often an economic stroggle. These communities have high concentrations of
Hispanics and African-Americans, and tend to be downscale, with singles Jiving in older apartment rentals.
Median fffi Income:
Ethnic Diversity:
Family Types:
Age Ranges:
Education Levels:
$22,495
High Black, Asian & Hisp.
Singles
55+
Elementary jHS.
Employment Levels:
Housing Types:
Urbanicity:
Income:
Service, BC, WC,
Renters
Urban
Poor
Big City Blues - 2,113 Households
With a population that's 50 percent Latino, Big City Blues has the highest concentration of Hispanic Americans
in the nation. But it's also the multi-ethnic address for downscale Asian and African-American households
occupying older inner-city apartments. Concentrated in a handful of major metros, these young singles and
single-parent families face enormous challenges: low incomes, uncertain jobs and modest educations. More
than 40 percent haven't finished high school.
e
Median fffi Income:
Ethnic Diversity:
Family Types:
Age Ranges:
Education Levels:
$29,244
High Black, Asian & Hisp.
Mix
<45
Elementary IHS.
Employment Levels:
Housing Types:
Urbanicity:
Income:
Service, BC, WC,
Renters
Urban
Downscale
Low-Rise Living - 847 Households
The most economically challenged urban segment, Low-Rise Living is known as a transient world for young,
ethnically diverse singles and single parents. Home values are low -about half the national average and then less
than a quarter of residents can afford to own real estate. Typically, the commercial base of Mom-and-Pop
stores is stroggling and in need of a renaissance.
Median fffi Income:
Ethnic Diversity:
Family Types:
Age Ranges:
Education Levels:
.
$22,511
High Black & Hisp., Asian
Mix
<35
Elementary jHS.
Employment Levels:
Housing Types:
Urbanicity:
Income:
Service, BC, WC,
Renters
Urban
Poor
5 Year Strategic Plan (07.13.05)
37
Version 1.3
The following maps illustrate where these low-income households are located.
(It
AWil eJusttl . City Roots
by (;<<MU$ ~ Gi-oop - m
o Un~r 250
I11J 10010 250
II 250 to 500
. 500101.000
.1I'1Mt,,')MJ')
e
o UJUkr100 ~
o WO'lO 2J(l (S)
11 2.'IDion (9)
lI' }{)Otl:l150 @
.
City if Cleatwater
HOUSING
e
In 2000, there were 56,726 housing units in the City. During the 1990s, the City added 2,902
housing units, a 5% increase.
Eighty-five percent of the City's housing units were occupied, which was a reflection of the
4,668 units held for seasonal (second home) use: 8%, which matches the statewide.
UNITS BY TYPE
As the following table illustrates, single-family housing only made up 45% of the City's
housing stock. This is far lower than the statewide average. Conversely, multi-family
housing made up a larger percentage of the City's housing stock.
Units by Type - 2000
Nwnber of Units 2000 0/0 Florida
Single-Family Deta<hed 22,412 40% 52%
Single-Family Atta<hed 2,996 SOlo 60/0
Two 2,330 40/0 30/0
Three or Fou r 3,227 60/0 40/0
Five to Ten 4,739 80/0 SOlo
Ten to Twenty 4,509 80/0 SOlo
Twenty to Fifty 4,247 70/0 50/0
Over Fifty 8,500 15% 80/0
Mobile Home 3,843 70/0 120/0
e Boat, RV, Van, etc 23 0
Total 56,726 100% 100%
S DlIree: 2()()() CenSlls.
TENURE
In 2000, only sixty-two percent of the City's households were owners, below the statewide
average of 70% and national average of 66%. Pinellas County as a whole has a 71% home
ownership rate.
.
5 Year Strategic Plan (07.13.05)
39
Version 1.3
By C.""... Jlloek Group
II U'-20;<
[] 25%to 40%
[ill 40% to 60%
Il 60% to 80%
III 80% to 100%
As the Census also reveals, tenure patterns vary by the race, age and income of the
householder. When separated by race, ownership patterns differ significantly. As the
following table shows, minority ownership rates are far below those for white households.
Ownership by Race - 2000
~~!:~~_P..~!.~........_.mm..m._m.;mm.........__....m...m.
Race Clearwater US Florida
White 65% 71% 74%
African-American 38% 46% 50%
iHi~~~c_ _____--<___~~o~ _ _ ____"!~% __---l___~~o~ _ __
City 62% 68% 70%
S ouree: 2000 Census.
As the following table displays, homeownership rates rise dramatically for households when
they reach 35 (and are likely to be families with children), and stay high through retirement.
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e
.
.
.
.
City qf Clearwater
Homeownership by Age - 2000
Owner Households by ~e Nwnber I % Homeowners
..... ... ...... ...QI1<iler.~._.mm,................ 187 i 1q'!!
i 25 to 35 i 2 244 I 33% i
r - - - - - - -~?~:; 45- -- - - - - - T - -- - -~:i9?-i- - - - -~iO!o - -- --i
45 ~<:>.??wm.. ... ?~T?:?.m....~:?~!.m.
..??..!()()? . .'.WHm 4,748. I~OC~
65.!<:> 75. .. mm . ..... ....m ..?~.??~., 8.~!o..
Over 75 5,955 ! 72%
29,938 . 62%
. S ONTre: 2000 Cen.rtlS.
As the following table shows, homeowners hip is most directly related to income level.
Homeownership by Income - 2000
Income Raoa-e Number % Homeowners
Under $10,000 1,013 28%
$10 - $20,000 1,680 16%
$20 - $35,000 3,591 60%
_ _ _ _ _$),?.:..$,?Q.Q9Q_ __ _ __ ___ _ __ _3~l5_ ___ __~5% __ ___
$50 - $75,000 4,539 69%
$75 to $100,000 2,410 76%
Over $100,000 2,916 79%
19,964 62%
Soltrtt: 2000 eel/SItS.
For Specified Owner HONsinJ!. (SID)
VALVES
Note: (1) Most qf the Census iiformation (Census file 3A) on owner-occupied housing excludes iiformation
from condominiums and mobile homes, each qf which make up less than 5% qf the total stock. (2) "Specified
Owner-Occupied" rifers to onfy singlefamify housing.
In 2000, there were 29,938 owner-occupied units within the City. Of these, 19,964 (67%)
were 'specified owner-occupied unit's. Specified units are single-family detached housing.
The City's housing values are generally well above the County's.
The median value for all owner-occupied housing in Pinellas County was $85,600 in 2000.
Within the City of Clearwater the median value for all owner-occupied housing was $91,100.
The median value for "specified owner-occupied housing" was $96,500 countywide and
$100,500 within the City. The median value for mobile homes was $18,000 countywide and
$10,900 within the City, well below the County.
Housing prices have skyrocketed since 2000 as housing speculation has created a nationwide
housing bubble. The median value for "specified owner-occupied housing" within the City
had risen to $132,064 in 2004 a 31 % increase. Current estimates now place the median value
at $200,000 as housing values have jumped an estimated 25% per year.
5 Year Strategic Plan (07.13.05)
41
Version 1.3
City if Cleanvater
As the following table shows, 57% of all owner-occupied units in the City were valued under
$100,000 in 2000,
.
e
1~l!<i~~~Q,_QQ_o...._
!1?Q_:l1.QQ,Q()().. ....
ill QQ.:E?O,()()O_
1l1...?Q..:I~QQ,()()()_
. ~2QQ:~??Q,()()Q
i Qyc::EI~?O,()()()_..
Totals
, S 01lrce: 2000 CenstlS
Housing VaIues - 2000
i All Owner
Units %
.. 'H?,Q<J5' ... .110('0
...... ..!!,,~J~I 40%
..... ?,,44? 22%
.~,1.~<l: 10%
1,136 i 4%
. '.....mm......:?~:???...;............~.r.~...m..m
. 29,938 I 100%
Specified
Units 1 % of Ref
1,199 i 24%
........-..T...
..~,2~8 I
H...?,?~?l 81 %
. ...~,~'!II 72%
~.?QJ ...7?~0.. .. Hi
m.......mm1..~?Q.?.j..m.m..?.~r.~...........!
19,964 I 67%
AGE
The City, like the County as a whole, has a fair number of older units.
Housing Units by Age
Year Built Number
: 1990-20004,?33
i 1980-1990
'1970-1980
1960-1970
"1950-1960
,1940-1950
Pre 1940
Total
0/0
9%
20%
32%
18%
7,866 14%
2,463 . 4%
;m..mmm.}.'??:?...m......m~.r.~...mmm'
56,726 100%
18,434
.
. S ollrce: 2000 Cenms
~. ...-_....- -'" "." .,....."
CONDITION
The Census provides three clues to housing conditions: lacking complete plumbing, lacking
complete kitchen facilities, and lacking heat. In 2000, only 254 housing units within the City
lacked complete plumbing (0.4%),364 units (0.8%) lacked complete kitchens, and 364 units
lacked heat (0.8%). This is far below both state/national rates.
The City believes that those units with the most likelihood of having any deteriorating
conditions are the City's older housing units located within the City's low-income
neighborhoods.
DEFINITIONS
The City has defined "Standard Housing" as that which meets the standards set in the
Southern Building Code Congress International Building Code - Florida edition. "Sub-
Standard Housing" is defined as housing that does not meet the Code, but which can be
rehabilitated. "Deteriorated Housing" is defined as housing that can not be rehabilitated and
should be demolished.
.
5 Year Strategic Plan (07.13.05)
42
Version 1.3
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.
.
City of Clearwater
COST BURDENED
A term used by HOD for assessing housing need is "cost burden." HOD defines a cost-
burdened household as one that pays more than 30% of its income for housing costs. A
household that pays more than 50% of its income for housing costs is considered by HOD
to be "severely cost-burdened."
In 2000, there were 7,547 renter households (41%) paying over 30% of their income and
3,449 renter households (19%) paying over 50% of their income on housing and considered
severely cost-burdened. There were 5,736 owner households (26%) paying over 30% and
3,130 owners (13%) paying over 50% for housing.
AFFORDABIUTY MISMATCH
The following CHAS Data table provides what HUD describes as the "affordability
mismatch" for housing within the City.
Essentially, this table spotlights the fact that households do not normally spend 30% or
more of their incomes on housing unless circumstances require this expenditure. .As a result,
and as this table displays, because households are renting or buying housing that is
affordable to them, they are occupying housing that would also be affordable to lower-
income groups without spending over 30% of their incomes on housing.
5 Year Strategic Plan (07.13.05)
43
Version 1.3
City if Clearwater
SOCDS CHAS Data: Affordability Mismatch
o t t f All H h Id
.
U:DU or ouse 0 S
Name of Jurisdiction: Source of
ClearwaterlHOME\- Florida CHAS Data
Renters
Housing Units bv Affordabilitv 0-1 2 3+ Total
(A) (8) (C) (0)
1. Rent <= 30%
# occuoied units 679 640 265 1584
%occuoants <=30% 63.6 44.1 32.8 50.6
%buitt before 1970 37.8 43.4 55.8 43.1
%some oroblem 35.1 16.4 9.1 23.2
#Vacant for rent 77 41 14 132
12. Rent >30 to <=5()OA.
# occuoied units 1237 831 204 2272
%occuoants <=50% 51.4 45.1 47.1 48.7
%buitt before 1970 51.4 61.5 63.2 56.2
% some oroblem 46.6 42 40.2 44.3
#Vacant for rent 213 170 38 421
13. Rent >50 to <=80%
# occuoied units 4170 4372 926 9468
%occuoants <=80% 62.4 47.6 42.7 53.6
%buitt before 1970 42.6 39.5 34 40.3
%some oroblem 52 40.5 43.2 45.8
#Vacant for rent 347 348 34 729
14. Rent >80%
# occuoied units 1943 2164 767 4874
#Vacant for rent 208 323 40 571
Data Current as of:
2000
Owned or for sale units by # of
.
0-1 2 3+ Total
(E) (F) (G) (H)
ValU9 <=300A,
N/A N/A N/A N/A
N/A N/A N1A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
Value <= 50%
1516 4415 1641 7572
44.1 27.3 15 28
38.2 41.9 56.9 44.4
14.5 11 2.9 10
#Vacant for sale 71 183 29 283
Value >50 to <=800A.
483 4308 3942 8733
50.7 37.8 26.7 33.5
34.2 52.4 51.8 51.2
7 4.9 2.7 4
#Vacant for sale 8 103 18 129
Value >80%
723 4430 8438 13 591
.
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5 Year Strategic Plan (07.13.05)
44
Version 1.3
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Ciry if Clearwater
Overcrowding
HUD defines overcrowding as more than one person per room in a dwelling unit. The 2000
Census found 1,951 units or 9% of all occupied units within the City lived in overcrowded
situations. This is above state/national averages.
Housing to Serve Persons with HIV /Disabilities
There is no official information available on the specific types of housing that is required to
meet the needs of people with AIDS/disabilities. However, a significant portion of the City's
housing stock is comprised of single-family units, which are built at grade. This type of unit
is most easily/economically retrofitted for special needs
91.210.2 ASSISTED HOUSING INVENTORY
PUBUC HOUSING UNITS/VOUCHERS
The City of Clearwater has a Housing Authority. The Housing Authority is not listed as
'Troubled' by HUD.
Public Hous. Units
Address
908 Cleveland Street
Housing Choice
Public Housing V oucher(Sec8)
Units Units
Total
2312
Zi Code
33755
CLEARWATER
972
1340
SUBSIDIZED RENTAL UNITS
The following table provides an inventory of those rental units within the City that are
subsidized through the various federal/state affordable housing programs. As this table
illustrates, there were 3,124 subsidized rental units within the City.
5 Year Strategic Plan (07.13.05)
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Subsidized Rental Units
Development Name
Abilities At Woodside
. Bpl'-"'r Garoen Apadments
Casa Miguel
~!y.T.."':I".."'.
. Cleuwatel: Apartments
bide :Manor I .
itle .~.()r. II
n= Gwens
!,~~n~..~~ 9?n.c:l()mir!.iu.'!':~..
Foxbridge Aplrtm.ents
. Freedom VilLap,e III
Gree.,:,wood Al'lrtm""ts .
Lexington Club
; Momingside Condominiums
: Norton Apartments
Prospect Towers
s..bal '\l\?oIk .. .
St Andrew Cove Condom iniom s
: The Cloisters
n.e.l:Ia.m l'tl:lns at <:Iea,t,watel: .
: Villas At Renaisslll1re Square
~~Apt~: .
Wellington
Horizon House
Street Address
4215E: Bay J)r
j2159 Nursety ~ .
. 228.5.S.tlLteltolld580
. .Ll}2Q},!~"tty},,...
i 1000 N Keene Rd
... ,1318FmnkIin St
..... .. .....!.~~.5.J)i~.S.t...,..'^.
: 2750 Drew St
.,.. ......'..'..m_.._.__~____.,...._.__...._ ..,."...,......
j!?'t?.~..l;:Ii&I!.l~c:l..~!:".......
i 16321 Bolesta Rei
, 1167TunlerSt _ ..... .. .
..1()()!r.l~!!h~I.,tttlJ,,,rI{ingJr,,:.. .
121lO S Missouri Ave
, 2500 Hom Blvd
...f..."...-..-.--......................--...-..---.,..-."...-."'...,..........----... ",
. i 1450S lvIortinLuther IGngJrAve
J 801 Chestnut St.
~.5~~c:l,i\,ye..o
605 N Keene Rei
J 2500 Wir!c:Iing~ I3lvd
...j.I9??.~..M~...IIe.>'.:r\()()th.Rd
J 1220 S Missouri Ave
1~25.1:'l~d,i\,ve
2900 Drew St
31Islond Way
5011I'&" 5him~ C.trkrforAff,,,.,labl. HIRISi,,~ 2005
.
Total Sub-
Units sidized i Housi..g Pro&".....(s) Target Population
6 6 .!FllJI)Mulli'f'mnilY(Ren'Supl~'(HUD Pcrsc:>r1.~with Disabilities
146 146 JFllJI)~lli'f'mnily_ . __ __ .. ... . .'.
82 82 !lIUI)Mulli,l'mnil.Y (Ren.Supl~.(HUD
......!O.L. 100 o]FllJI).Mu1'!.~YJ~.,S~l~!(lIUI).
90 89 . ..!FllJI) Multi::l'mnilyJ. Ren,S'!l'l!me,,'(lIUI)
;;;~ ..j==:~:~;o'=:,::=:~'
180 . ...... JIIO .. JFllJI)MulHmnilY (.Bolld~ .. . ...... 0_' N A
. .... m ...... . .m..ll.. ..'_mmLm.t!!2QM!!!!;:!:mnily.LRen!S.up!~!(lIUI),.,~~s"'~t,I>!::li:~bili.!i~s i
358 358 I!l"n~ .1'anU1Y
40 40.. jllUI)Mulli,l'mnilY/ Ren' Supl~'(HUDl'ersonswitlJ, .Diso.bilities
lC)~. ....... J.9?, ...1 Ho~C;ro!~!":4~I~",,<!..__.o...o,!':anU1.Y.
240 240 ... H()MiB / HousingCredits 4%(SAJL (Bonds Elderly
6 6 IFllJI)Mulli-Fanli1yl Ren' S.ul'l~.fI:IUl? PersonswithDiso.bilities
48 48 !HlJI)Mulli'f'mnily/ RentSul'l~",,'(HUDFanU1Y
208 208 i!!2QMulli::l'mnilYElderlY
o }ll~ . 182 J!!()Ml!Lll""'.~.m.EanU1.Y
6 6! lIUI) Mulli,l'mnily . Persons with Disabilities
168 168' Bonds FanU1Y
275 275 iHOME / Bonds.l'anU1Y .
200 21lO rH;:;p'~~.F.;,;u~ .FanU1Y
22 21 rllUI)Multi,l'mnilYlRen'Supl~'(HUD .l'erson".",ithDisabilities
352 352 i Housing Co:edits 9% I'anU1Y
126 126' HUDMulli-Family Family
3,gll 3,124
.Family
Elderly .
Elderly.
,I' anU1Y
Collectively, 26% of the City's renters live in subsidized units.
It is not anticipated that the City will lose any of these units from the inventory over the next
five-years.
.
91.210. 3. HOW 'HOUSING MARKET FORCES' AFFECTED PRIORITIES:
Rapidly rising housing and land values, coupled with the lack of vacant land for new
development are effectively pricing many young/low income households out of the
ownership market. This may help the City)s ongoing redevelopment efforts through the
increased demand for new 'mixed-use' projects that combine commercial/ retail/ residential
in 'New Urbanism' designs. It may also increase the demand for in fill housing in the City's
older neighborhoods.
The conversion of many upscale apartment complexes will provide new affordable owner
units, but this along with the redevelopment of the City)s mobile home parks will also
sharpen the need for more affordable rental projects.
The PRIZM socio-economic cluster information identified the City's younger 'working poor'
households as those in most need of assistance. These households may also need
education/job training, counseling, medical and child care in conjunction with affordable
housing.
.
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City if Clearwater
Specific Housin9 Objectives (91.215 (b))
1. Describe the priorities and specific objectives the jurisdiction hopes to achieve over a
specified time period.
2. Describe how Federal, State, and local public and private sector resources that are
reasonably expected to be available will be used to address identified needs for the period
covered by the strategic plan.
5 Year Strategic Plan Specific Housing Objectives response:
91.215 (b) 1. PRIORITIES AND SPECIFIC HOUSING OBJECTIVES.
The City has placed its highest priority on helping 'working poor' renter households find
affordable housing; and assisting low-income owners maintain their properties with housing
rehabilitation. This priority has been affected by parallel Community Development objectives to
maintain the existing housing stock and revitalize older neighborhoods.
The City's specific Housing Objectives for FY2005 through FY2010 are:
Housing Objective One: Build 200 new mixed-income rental units in conjunction with ongoing
redevelopment/revitalization projects.
· Federal Funds: HOME/CBDG. State/Other Funds: SHIP, FHFC programs.
Housing Objective Two: Acquire and/or rehabilitate 50 units in small rental complexes for
mixed-income affordable rental housing.
· Federal Funds: HOME/CBDG. State/Other Funds: SHIP, FHFC programs.
Housing Objective Three: Preserve the existing housing stock by rehabilitating 100 units owned
by low-income owner households.
· Federal Funds: HOME/CBDG. State/Other Funds: SHIP.
Housing Objective Four: Preserve the existing housing stock by funding the acquisition and
rehabilitation/expansion of 50 existing units for new low-income owner households.
· Federal Funds: HOME. State/Other Funds: SHIP.
Housing Objective Five: Provide direct down payment/closing cost assistance to 100 low and
moderate-income homebuyers.
· Federal Funds: HOME. State/Other Funds: SHIP, HF A Bonds.
Housing Objective Six: Construct 20 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.
Housing Objective Seven: Provide credit counseling and homeownership training assistance to
100 perspective low-income homebuyers.
· Federal Funds: HOME.
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91.215 (b) 2. FEDERAL AND STATE RESOURCES EXPECTED TO BE AVAILABLE
The City will utilize its HOME/CDBG and state SHIP affordable housing funds to meet these
objectives.
.
Needs of Public Housing (91.210 0Ul
In cooperation with the public housing agency or agencies located within its boundaries,
describe the needs of public housing, including the number of public housing units in the
jurisdiction, the physical condition of such units, the restoration and revitalization needs of
public housing projects within the jurisdiction, and other factors, including the number of
families on public housing and tenant-based waiting lists and results from the Section 504
needs assessment of public housing projects located within its boundaries (I.e. assessment of
needs of tenants and applicants on waiting list for accessible units as required by 24 CFR
8.25). The public housing agency and jurisdiction can use the optional Priority Public Housing
Needs Table (formerly Table 4) of the Consolidated Plan to identify priority public housing
needs to assist in this process.
5 Year Strategic Plan Needs of Public Housing response:
The City's Housing Authority has identified the following needs. As this table displays, the
Authority has identified almost $7 million in needed neighborhood improvements and
economic development funds.
Table 4
Priority Public Housing Needs
Local Jurisdiction
Public Housing Need PHA Priority Need Estimated Dollars
Category Level To Address
High, Medium, Low,
No Such Need
Restoration and
Revitalization
Capital Improvements Hil!h $ 1,913,446
Modernization
Rehabilitation
Other (Specify)
Management and High $ 75,000
Operations
Improved Living High $ 2,529,000
Environment
Neighborhood
Revitalization (non-
capital)
.
.
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Ciry of Clearwater
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Capital Improvements
Safety/Crime
Prevention/Drug Elimination
Other (Specify)
Economic Opportunity
Resident Services/ Family Self High $ 81,000
Sufficiency
Other (Specifv)
Shelter Care Plus High $ 2,389,440
Total $ 6,987,886
Public HousinG StrateGY (91.210)
.
1. Describe the public housing agency's strategy to serve the needs of extremely low-income,
low-income, and moderate-income families residing in the jurisdiction served by the public
housing agency (including families on the public housing and section 8 tenant-based
waiting list), the public housing agency's strategy for addressing the revitalization and
restoration needs of public housing projects within the jurisdiction and improving the
management and operation of such public housing, and the public housing agency's
strategy for improving the living environment of extremely low-income, low-income, and
moderate families residing in public housing.
2. Describe the manner in which the plan of the jurisdiction will help address the needs of
public housing and activities it will undertake to encourage public housing residents to
become more involved in management and participate in homeownership. (NAHA Sec. 105
(b)(11) and (91.215 (k))
3. If the public housing agency is designated as "troubled" by HUD or otherwise is performing
poorly, the jurisdiction shall describe the manner in which it will provide financial or other
assistance in improving its operations to remove such designation. (NAHA See. 105 (g))
5 Year Strategic Plan Public Housing Strategy response:
91.215 (k) 1. PUBLIC HOUSING AUTHORITY STRATEGY
The Clearwater Housing Authority is an independent authority established under federal/state
laws. The Housing Authority participates in HUD's Comprehensive Grant Management Program
to provide physical improvements to its properties. The Authority has a resident management
participation program. Residents have access to the Consortium's low-income homebuyers
programs.
The Authority has a family self-sufficiency program that combines education/job training and
social services with rental subsidy vouchers. It also participates in the 'Welfare to Work'
programs, and with other family self-sufficiency programs.
.
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91.215 (k) 2. JURISDICTION'S PLANS TO ADDRESS RESIDENT NEEDS
The City coordinates its activities with the Authority to ensure that residents have access to all
available governmental employment training, social services and affordable housing programs.
.
91.210 (k) 3. HUD 'TROUBLED' DESIGNATION
The Clearwater Housing Authority has not been designated as "troubled" by HUD.
Barriers to Affordable Housing (91.210 (e) and 91.215 (fl)
1. Explain whether the cost of housing or the incentives to develop, maintain, or improve
affordable housing are affected by public policies, particularly those of the local
jurisdiction. Such policies include tax policy affecting land and other property, land use
controls, zoning ordinances, building codes, fees and charges, growth limits, and policies
that affect the return on residential investment.
2. Describe the strategy to remove or ameliorate negative effects of public policies that serve
as barriers to affordable housing, except that, if a State requires a unit of general local
government to submit a regulatory barrier assessment that is substantially equivalent to
the information required under this part, as determined by HUD, the unit of general local
government may submit that assessment to HUD and it shall be considered to have
complied with this requirement.
5 Year Strategic Plan Barriers to Affordable Housing response:
91.215 (f) 1. REGULATORY REDUCTION
The following federal form reviews the City's regulatory reduction efforts, although the City
has completed its State mandated Regulatory Reduction Self-Assessment.
.
Form 0 - Removal of Regulatory Barriers to Affordable Housing
Jurisdiction: City of Clearwater
Questionnaire for HUD's Initiative on Removal of Re
Barriers
1
2
Yes
Does your jurisdiction's comprehensive plan (or in the case of a tribe or TDHE, a local Indian
Housing Plan) include a "housing element? A local comprehensive plan means the adopted official
statement of a legislative body of a local government that sets forth (m words, maps, illustrations,
and/ or tables) goals, policies, and guidelines intended to direct the present and future physical,
social, and economic development that occurs within its planning jurisdiction and that includes a
unified physical plan for the public development of land and water. If your jurisdiction does not
have a local comprehensive plan with a "housing element," please enter no. If no, skip to question
#4.
If your jurisdiction has a comprehensive plan with a housing element, does the plan provide
estimates of current and anticipated housing needs, taking into account the anticipated growth of
the region, for existing and future residents, including low, moderate and middle income fiunilies,
for at least the next five ears?
Does your zoning ordinance and map, development and subdivision regulations or other land use
controls conform to the jurisdiction's comprehensive plan regarding housing needs by providing:
a) sufficient land use and density categories (multifamily housing, duplexes, smal1lot homes and
other similar elements); and, b) sufficient land zoned or mapped "as of right" in these categories,
that can permit the building of affordable housing addressing the needs identified in the plan? (For
purposes of this notice, "as-of-right," as applied to zoning, means uses and development standards
that are determined in advance and specifically authorized by the zoning ordinance. The ordinance
is I self-enforcin because little or no discretion occurs in its administration.. If the
Yes
Yes
.
5 Year Strategic Plan (07.13.05)
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City 0/ Clearwater
jurisdiction has chosen not to have either zoning. or other development controls that have varying
standards based upon districts or zones, the applicant may also enter yes.
Does your jurisdiction's zoning ordinance set minimum building size requirements that exceed the
local housinJ?; or health code or is otherwise not based upon explicit health standards?
If your jurisdiction has development impact fees, are the fees specified and calculated under local
or state statutory criteria? If no, skip to question #7. Alternatively, if your jurisdiction does not
have impact fees, you may enrer yes.
If yes to question #5, does the statute provide crireria that sets standards for the allowable type of
capital investments that have a direct relationship between the fee and the development (nexus),
and a method for fee calculation?
If your jurisdiction has impact or other significant fees, does the jurisdiction provide waivers of
these fees for affordable housinp;?
Has your jurisdiction adopted specific building code language regarding housing rehabilitation that No
encourages such rehabilitation through gradared regulatory requirements applicable as different
levels of work are performed in existing buildings? Such code language increases regulatory
requirements (the additional improvements required as a matter of regulatory policy) in proportion
to the extent of rehabilitation that an owner/developer chooses to do on a voluntary basis. For
further information see HUD publication: "Smart Codes in Your Community: A Guide to
BuildinJ?; Rehabilitation Codes"
Does your jurisdiction use a recent version Q.e. published within the last 5 years or, if no recent
version has been published, the last version published) of one of the nationally recognized model
building codes Q.e. the Intemational Code Council (lcq, the Building Officials and Code
Administrators International (BOCA), the Southern Building Code Congress International (SBCI),
the International Conference of Building Officials (lCBO), the National Fire Protection
Association (NFP A)) without significant technical amendment or modification. In the case of a
tribe or IDHE, has a recent version of one of the model building codes as described above been
adopted or, alternatively, has the tribe or IDHE adopted a building code that is substantially
equivalent to one or more of the recognized model building codes?
Alternatively, if a significant technical amendment has been made to the above model codes, can
the jurisdiction supply supportinJ?; data that the amendments do not nej!;ativelv impact afford ability.
Does your jurisdiction's zoning ordinance oe land use regulations pennit manufactured (HOD-
Code) housing "as of right" in all residential districts and zoning classifications in which similac
site-built housing is pennitted, subject to design, density, building size, foundation requirements,
and other similar requirements applicable to other housing that will be deemed realty, irrespective
of the method of production?
Within the past five years, has a jurisdiction official Q.e., chief executive, mayor, County chairman,
County manager, administrator, or a tribally recognized official, eoc.), the local legislative body, oe
planning commission, directly, or in partnership with major private or public stakeholders,
convened or funded comprehensive studies, commissions, or hearings, or has the jurisdiction
established a formal ongoing process, to review the rules, regulations, development standards, and
processes of the jurisdiction to assess their impact on the supply of affordable housing?
Within the past five years, has the jurisdiction initiated major regulatory reforms either as a result
of the above study or as a result of information identified in the bacriee component of the
jurisdiction's "HUD Consolidated Plan?" If yes, attach a brief list of these major regulatory
reforms. See Attachment.
Within the past five years has your jurisdiction modified infrastructure standards and/or
authorized the use of new infrastructure technologies (e.g. water, sewer, street width) to
sij!;llificantlv reduce the cost ofhousinp;?
Does your jurisdiction give "as-of-right" density bonuses sufficient to offset the cost of building
below market units as an incentive for any market cate residential development that includes a
portion of affordable housing? (As applied to density bonuses, "as of right" means a density bonus
granted for a fixed percentage oe number of additional matket rate dwelling units in exchange foe
the provision of a fixed number or percentage of affordable dwelling units and without the use of
discretion in determininp; the number of additional market rare units.)
No
Yes
Yes
Yes
Yes
Yes
(Mobile
homes-
no)
Yes
(Ongoing
by
Statute)
Yes
Yes
Yes
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Ci!)1 if ClearJJJater
Has your jurisdiction established a single, consolidated pennit application process for housing
development that includes building, zoning, engineering, environmental, and related peonits?
Alternatively, does your jurisdiction conduct concurrent, not sequential, reviews for all required
ennits and rovals?
Does your jurisdiction provide for expedited or "fast track" peonitting and approvals for all
affordable housin ro' ects in our communi ?
Has your jurisdiction established time limits for govemment review and approval or disapproval of
development pennits in which failure to act, after the application is deemed complete, by the
vemment within the desi ated time eriod, results in automatic roval?
Does your jurisdiction allow "accessory apartments" either as: a) a special exception or conditional
use in all single-family residential zones or, b) "as of right" in a majority of residential districts
otherwise zoned for sin e-famil housing?
Does your jurisdiction have an explicit policy that adjusts or waives existing parking requirements
for all affordable housin develo ments?
Does your jurisdiction require affordable housing projects to undergo public review or special
hearings when the project is otherwise in full compliance with the zoning ordinance and other
develo ment re ations?
Total Points:
(91. D) State Agencies and Departments or Other Applicants for Projects Located in
Uninco orated Areas
Yes .
Yes
No
Yes
Yes
No
1
2
Yes
1 Does your state, either in its planning and zoning enabling legislation or in any other
legislation, require localities regulating development have a comprehensive plan with a
"housin element?" If no, ski to uestion # 4
2. Does your state require that a local jurisdiction's comprehensive plan estimate current and
anticipated housing needs, taking into account the anticipated growth of the region, for existing
and future residents, including low, moderate, and middle income families, for at least the next
five ears?
3. Does your state's zoning enabling legislation require that a local jurisdiction's zoning
ordinance have a) sufficient land use and density categories (multifamily housing, duplexes,
small lot homes and other similar elements); and, b) sufficient land zoned or mapped in these
categories, that can peonit the building of affordable housing that addresses the needs
identified in the com rehensive Ian?
4. Does your state have an agency or office that includes a specific mission to determine
whether local govemments have policies or procedures that are raising costs or otherwise
discour . affordable housin .
5. Does your state have a legal or administrative requirement that local govemments undertake
periodic se1f-evaluation of regulations and processes to assess their impact upon housing
affordabili address these barriers to affordabili ?
6. Does your state have a technical assistance or education program for local jurisdictions that
includes assisting them in identifying regulatory barriers and in recommending strategies to
local vemments for their removal?
7. Does your state have specific enabling legislation for local impact fees? If no skip to No
uestion #9.
8. If yes to the question #7, does the State statute provide criteria that sets standards for the
allowable type of capital investments that have a direct relationship between the fee and the
develo ment nexus and a method for fee calculation?
9. Does your state provide significant financial assistance to local govemments for housing,
community development and/or transportation that includes funding prioritization or linking
fundin on the basis oflocal re ato barrier removal activities?
10. Does your state have a mandatory state-wide building code that a) does not pennit local No
technical amendments and b) uses a recent version ~.e. published within the last five years or,
if no recent version has been published, the last version published) of one of the nationally
recognized model building codes (i.e. the International Code Council (ICC), the Building
Officials and Code Administrators International (BOCA), the Southern Building Code
Con ss International SBC , the International Conference of Buildin Officials CBO, the
Yes
Yes
.
Yes
Yes
Yes
Yes
.
5 Year Strategic Plan (07.13.05)
52
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City cf Clearwater
National Fire Protection Association (NFP A)) without significant technical amendment or
modification?
Alternatively, if the state has made significant technical amendment to the model code, can the
state su I su orrin data that the amendments do not ne tivel im act affordabili ?
11. Has your jurisdiction adopted specific building code language reganling housing No
rehabilitation that encourages such rehabilitation through gnulated regulatory requirements
applicable as different levels of work are performed in existing buildings? Such code language
increases regulatory requirements (the additional improvements required as a matter of
regulatory policy) in proportion to the extent of rehabilitation that an owner/developer
chooses to do on a voluntary basis. For further information see HUD publication: "Smart
Codes in Your Communi . A Guide to Buildin Rehabilitation Codes"
12. Within the past five years has your state made any changes to its own processes or No
requirements to streamline or consolidate the state's own approval processes involving permits
for water or wastewater, environmental review, or other State-administered permits or
ro ams involvin housin develo ent. If s, briefl list these chan s.
13. Within the past five years, has your state (t.e., Governor, legislature, planning department) Yes
direcdy or in partnership with major private or public stakeholders, convened or funded
comprehensive studies, commissions, or panels to review state or local rules, regulations,
development standards, and processes to assess their impact on the supply of affordable
housin
14. Within the past five years, has the state initiated major regulatory reforms either as a result No
of the above study or as a result of information identified in the barrier component of the
states' "Consolidated Plan submitted to HUD?" If yes, briefly list these major regulatory
reforms.
15. Has the state undertaken any other actions reganling local jurisdiction's regulation of No
housing development including permitting. land use, building or subdivision regulations, or
other related administrative rocedures? If es, briefl list these actions.
Total Points:
91.215 (f) 2. REMOVAL OF BARRIERS TO AFFORDABLE HOUSING.
The City of Clearwater has adopted the state-mandated Mfordable Housing Incentive
programs (see Appendix) that provide expedited review to affordable housing projects; and
offer incentives, such as density bonuses, transfer of development rights, zero-lot line
subdivisions, and some reductions in regulations for affordable housing. The City will also
waive development fees and reimburse the developer for impact fees paid for affordable
housing projects.
In addition, the state now requires that small group homes (under six residents) be allowed
'by-right' within all residential zoning districts; and that each municipality maintain a list of
government-owned vacant parcels that are suitable for the construction of affordable
housing.
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City if Cleanvater
IIl1l1iEll' w "U:" """ "" """ '" "
';d:~.}:( iM v ~ " ~ :J",,, >1
.
Homeless Needs (91.205 (b) and 91.215 (c))
*Please also refer to the Homeless Needs Table in the Needs.xls workbook
Homeless Needs- The jurisdiction must provide a concise summary of the nature and extent
of homelessness in the jurisdiction, (including rural homelessness where applicable),
addressing separately the need for facilities and services for homeless persons and homeless
families with children, both sheltered and unsheltered, and homeless subpopulations, in
accordance with Table lA. The summary must include the characteristics and needs of
low-income individuals and children, (especially extremely low-income) who are currently
housed but are at imminent risk of either residing in shelters or becoming unsheltered. In
addition, to the extent information is available, the plan must include a description of the
nature and extent of homelessness by racial and ethnic group. A quantitative analysis is not
required. If a jurisdiction provides estimates of the at-risk population(s), it should also include
a description of the operational definition of the at-risk group and the methodology used to
generate the estimates.
5 Year Strategic Plan Homeless Needs Response:
91.205 (b) AND 91.215 ( c)
The City of Clearwater is a member of the Pinellas County Homeless coalition which is the
Lead Agency for the countywide Continuum of Care.
2005 Homeless Survey Results
The Pinellas County Homeless Coalition is the lead agency for the County's Continuum of
Care. In 2005, this agency sponsored a street/agency count of its homeless population. This
count found 4,540 homeless men, women and children within the County. This number was
an increase over last year's homeless counts.
.
The enumeration found that 81 % of the homeless were adults, 19% were children. Men over
18 made up 58% of the total. Women over 18 made up 22% and single males and females
under-18 each made up 10%. African-Americans made up 27% and were disproportionately
represented. About one-third were frrst-time homeless. Almost half (48%) of the homeless
were "chronic homeless."
Major reasons for homelessness cited were: Not enough money: 42%, lost job/unemployed:
38%, mental health/emotional problems, alcohol! drug problems: 32%. Two-thirds of the
respondents were not employed.
Households Threatened with Homelessness
HUD estimates that very low-income renter households paying over 50% of their income
for rent are the most at risk for becoming homeless. In 2000, HUD estimates there were
1,817 households within the City of Clearwater who met this criterion.
.
5 Year Strategic Plan (07.13.05)
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City qf Clea1Water
Priority Homeless Needs
1. Using the results of the Continuum of Care planning process, identify the jurisdiction's
homeless and homeless prevention priorities specified in Table 1A, the Homeless and
Special Needs Populations Chart. The description of the jurisdiction's choice of priority
needs and allocation priorities must be based on reliable data meeting HUD standards and
should reflect the required consultation with homeless assistance providers, homeless
persons, and other concerned citizens regarding the needs of homeless families with
children and individuals. The jurisdiction must provide an analysis of how the needs of
each category of residents provided the basis for determining the relative priority of each
priority homeless need category. A separate brief narrative should be directed to
addressing gaps in services and housing for the sheltered and unsheltered chronic
homeless.
2. A community should give a high priority to chronically homeless persons, where the
jurisdiction identifies sheltered and unsheltered chronic homeless persons in its Homeless
Needs Table - Homeless Populations and Subpopulations.
5 Year Strategic Plan Priority Homeless Needs response:
91.215 (c) HOMELESS STRATEGY
Under the leadership of the Pinellas County Coalition for the Homeless, Pinellas County has
forged a successful countywide Continuum of Care for the County's homeless and those
threatened with homelessness. The Coalition includes more than seventy agencies within its
Continuum of Care. The Coalition completed a census of the homeless in 2005 and has
completed its Homeless Management Information System (HMIS).
The County formed a Countywide Homeless Policy Group in October 2004. This is a
collaboration between the City of St. Petersburg, City of Largo, Pinellas County and cross
section of public and private representatives from throughout the entire county. This group
is charged with developing the County's "Ten-Year Plan to End Homelessness". It is their
goal to be completed with the plan by the end of 2005. The plan will be made up of the
following sections:
1. Ending Street Homelessness
2. Prevention
3. Permanent Solutions - Attainable Housing, Housing First & Prevention
4. Permanent Solutions - Income
5. Coordination/Partnership
6. Continuum of Services
7. Removal of Barriers
8. Funding
9. Evaluation
The Policy Group meets monthly and has also divided up into various workgroups, each
assigned with a particular element of the plan to draft.
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As the Continuum of Care Service Activity Chart displays, the Coalition has in place a
network of service providers who provide homeless prevention, outreach, shelter and
supportive services for the County's 4,000 homeless.
The Coalition shall continue to support providing these services along with:
1) Completing the Ten-Year Plan to End Homelessness
2) Adding four 'outreach workers' to locate and assist the homeless.
3) Construction of a 'Safe Haven' (25 beds) to meet the transitional housing needs
of mentally ill chronically homeless.
4) Add homeless 'discharge planning services' from area hospitals.
5) Add two 'navigator' case-worker positions to assist homeless m rece1V1ng
assistance.
HOPWA
While the City of Tampa is the region's HOPW A, the Continuum works with this
organization on projects located within Pinellas County.
The following exhibit displays the Continuum of Care's Project Priority Chart for
2005:
Exhibit 1: Continuum of Care: Project Priorities Chart
(This entire chart wiD count as onlv one osee towards the VI.- .n~ limitation)
(1) (2) (3) (4) (5) (6)
Project Sponsor and Numeric I-Requested Term Program and
Component/Type*
Applicant Project Name Priority Project of
Amount Project
HP ~HP ~+c ~+C ~RO
ew !renew new renew new
Example: ABC Nonprofit ABC Nonprofit/ 1 $1,026,000 3 (y1'S)
Annie's House PH
Example: XYZ 10 AJAY Nonprofit/ 2 $800,000 5 (y1'S) rna
Pierce's Place
Boley Centers for Behavioral Boley Centers for Behavioral 1 $1,744,682 3 (yrs) SH-
Health Care, Inc. Health Care - Safe Haven ph
YWCA of Tampa Bay YWCA of Tampa Bay - Family 2 $ 176,237 1 (yr) TIf
Villa2e
Operation PAR, Inc. Operation PAR - PAR Village 3 $ 100,452 1 (yr) TIf
2-1-1 Tampa Bay Cares, Inc. -1-1 Tampa Bay Cares - Tampa Ba 4 $ 172,454 1 (yr) HMIS
nformation Network TEIN) and and
:Ommunitv Voice Mail (cvM) SSO
Boley Centers for Behavioral Health Boley Centers for Behavioral Health 5 $ 253,779 1 (yr) 1H
Care, Inc. :are- The Oaks
Suncoast Center for Community uncoast Center for Community 6 $ 147,731 1 (yr) SSO
Mental Health, Inc. Mental Health - HOST Prol!Cam
Homeless Emergency Project, Inc. Homeless Emergency Project - Baty 7 33,101 1 (yr) PH
Villas
Boley Centers for Behavioral Health Boley Centers for Behavioral Health 8 $ 133,929 1 (yr) PH
Care, Inc. :are-- Butter:fIv/Grove Apartments
Alpha "A Beginning." Inc. /\Ipha Transitional Living Program 9 $ 70,000 1 (yr) 1H
**Total Requested Amount: 2,832,365
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The Safe Haven at Boley Center will meet the needs of chronically homeless persons living
with severe mental illness. Homeless persons living with mental illness have always been
identified as one of our most impacted populations and, thus, one of the top needs in our
community. Current and past homeless surveys, needs assessments and gaps analyses have
verified this need. While our community has housing programs and services to meet the
needs of some homeless persons living with mental illness, our community has lacked an
adequate solution to meet the needs of a specific segment of this population; in particular,
chronically homeless persons with severe mental illness, who are not readily able or willing
to access traditional shelter programs. The Safe Haven is targeted to meet this special need
within our CoCO
This year's point-in-time survey conservatively estimates that 753 individuals met the HUD
definition of chronic homelessness. Of these individuals, 455 were unsheltered. These
persons remain disenfranchised from the current system of care; they are frequendy unable
to cooperate with authority figures; they have difficulty entering traditional programs and
systems; and they are unable to overcome barriers to entidements and benefits. The Safe
Haven project would engage 25 of the most difficult to serve homeless individuals into a
low-demand residential setting which is safe, accountable and offers the individuals
assistance in accessing services that could ultimately end their cycle of homelessness. See the
Safe Haven (new) project description for a complete description of how this program will fill
a critical need within our community.
.
91.215 (c) 2. STRATEGY TO END CHRONIC HOMELESSNESS BY 2012
The County formed a Countywide Homeless Policy Group in October 2004. This is a
collaboration between the City of St. Petersburg, City of Largo, Pinellas County and cross
section of public and private representatives from throughout the entire county. This group
is charged with developing the County's "Ten-Year Plan to End Homelessness". It is their
goal to be completed with the plan by the end of 2005.
91.215 (c) 3. HOMELESS PREVENTION STRATEGY
In 2000, there were 5,458 poverty level renter households paying over 50% of their income
in rent. This group has the highest potential of becoming homeless. As the Continuum of
Care Service Activity Chart displays, the Coalition provides financial aid and counseling
services through a variety of agencies to families and individuals in danger of becoming
homeless.
91.215 (c) 4. INSTITUTIONAL STRUCTURE
The Pinellas County Coalition for the Homeless (pCCR) was founded in 1998 and serves as
the lead agency for the countywide Continuum of Care. Seventy-four member governments
and non-profit agencies participate in the Continuum. Collectively they provide a complete
Continuum of Care for the County's homeless and at risk of homelessness population.
91.215 (c) 5. DISCHARGE COORDINATION POUCY
The Pinellas County Coalition for the Homeless (pCCR) works with state and local law
enforcement officials to reintegrate persons leaving public institutions.
.
These include the Pinellas County Sheriff Department's project PAR, which allows ex-
inmates to receive substance abuse treatment; and the state's Inmate Participation &
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Accountability Program for Community Transition (IMP ACI). The PCCR also provides a .
focused outreach program to reach these individuals.
Collectively, these agencies also participate in the pre-booking intervention programs, for
persons with mental health and/or substance problems and juvenile offenders.
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Homeless Inventory (91.210 (cJJ
The jurisdiction shall provide a concise summary of the existing facilities and services
(including a brief inventory) that assist homeless persons and families with children and
subpopulations identified in Table lA. These include outreach and assessment, emergency
shelters and services, transitional housing, permanent supportive housing, access to
permanent housing, and activities to prevent low-income individuals and families with children
(especially extremely lOW-income) from becoming homeless. Thejurisdiction can use the
optional Continuum of Care Housing Activity Chart and Service Activity Chart to meet this
requirement.
5 Year Strategic Plan Homeless Inventory response:
91.210 (c) 1. HOMELESS INVENTORY
The following chart provides a summary of the Pinellas County Continuum's emergency
shelter ~d transitional housing availability.
Sbeltered
Em
Homeless Individuals 302(A)
(91.0) Homeless Fami1ies with 54(A) 105(A) 251 (N) 410
Children
2a. Persons in Homeless Fami1ies 257(A) 390(A) 458(N) 1,105
. with Children
559 901 2,305 3,765
The following table describes the fundamental service components of the Pinellas County
Homeless Coalition's Continuum of Care.
Fundamental Components
Component PREVENTION
Services in place:
.
Short-term financial assistance to prevent eviction or tennination of utility services:
· Calvary Baptist Church Heart-Line Ministries provides a maximum of $100
· Community Service Foundation Fmancial Assistance Program provides limited financial assistance for utilities
· Daystar Life Center provides limited financial assistance for utilities
· People That Love Mission Utility Assistance Program provides assistance to those in need with delinquent electric
and water bills
· Pinellas Opportunity Council Emergency Financial Assistance provides limited financial assistance with utility bills
for families
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· Salvation Army Ftnancial Assistance provides emergency financial assistance for utilities
· Verizon Lifeline Assistance provides Verizon customers with a $11.35 reduction in monthly phone bill if they
receive specified government assistance under one of five programs
· Family Support Services provides emergency assistance with utility bills
· St. Vtncent de Paul Society provides emergency assistance with utility bills
· American Kidney Foundation - Pinellas County Chapter, Public Service Commission
· Lakeview Presbyterian Church
· PineIlas County Department of Social Services
· PineIlas County Urban League, Inc.
· United Methodist Cooperative Ministries.
· Just Love Inc.-Prevention Drug Abuse
Tenant-landlord mediation services:
· Community Service Foundation Mediation Program provides mediation for families facing eviction or foreclosure.
Mediates landlord/tenants disputes.
· Citizen Dispute Settlement Program provides voluntary mediation to residents of Pinellas County, and
landlord/ tenant is one of the six types of disputes that are frequendy mediated.
Legal services to prevent eviction:
· Gulfcoast Legal Services, Inc. provides civil legal assistance to persons who are without adequate means to employ
other counsel, and it has a homeless outreach project that does outreach at various sites in PineIlas County to
assist homeless persons. Landlord/tenant is one of the many civil legal issues that a person can get assistance with.
· Community Law Program, Inc. provides attorney advice clinics where low-income people can talk to a volunteer
attorney, and landlord/tenant is one of a number of issues that can be addressed. It also has a Housing Oinic at
Gulfcoast Legal Services, Inc. where volunteer attorneys meet with clients to discuss their housing or
landlord/ tenant issues and provide advice.
Payments to prevent foreclosure on a home:
· Community Service Foundation provides limited financial assistance for mortgage payments.
· PineIlas Opportunity Council FEMA Rent/Mortgage Assistance provides limited financial assistance on mortgage
payments.
· St. Petersburg Free Oinic/ We Help provide limited financial assistance.
· Tampa Bay Community - Homebuyers Oub
Food Resources:
· Community Help Services, Inc., Community Services Involvement, Inc., Daystar Life Center, FEAST, Inc.
provides non-perishable food items to persons in need.
· Helping Hands provides a food pantry.
· St. Vtncent de Paul provides a full-course meal to anyone in need.
· Church of God Food Pantry program offers food to needy individuals.
· Hope 4 the Homeless Ministries, Inc. provides food boxes to the homeless.
· People That Love Mission provides non-perishable food.
· Religious Community Services, Inc. provides adequate food for four to five meals per family up to two times a
month to assist families.
· Safety Harbor Neighborhood Family Center gives food to families and individuals.
· Salvation Army provides emergency food for families and dinner meals to persons in need.
· St. Giles Emergency Food Pantry provides a three-day supply of emergency food to persons in need.
· St. Petersburg Free Oinic, Inc. provides food to the homeless.
· Suncoast Haven of Rest Rescue Mission serves breakfast and dinner meals and emergency food.
· Tarpon Springs Shepherd Center, Inc. provides a bag of food.
· Interfaith Shepherd Center, Kimberly Home, Inc., King of Peace Metropolitan Community Church, Lakeview
Presbyterian Church, Tampa Bay Harvest and a lot of other churches provide food resources.
Clothing:
ALPHA "A Beginning" Inc. provides maternity and infant clothing
ASAP Homeless Services, Inc orovides a dothinp; exchange
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Oearwater Homeless Intervention Project, Community Services Involvement, Inc., Daystar life Center, St Vmcent
de Paul Society, Helping Hands, People That Love Mission and Salvation Army have a clothing closet to provide
clothing.
Suncoast Haven of Rest Rescue Mission provides emergency clothing.
Tarpon Springs Shepherd Center Food & Oothing Pantry and several churches provide clothing.
Financial/Budget Counseling:
Consumer Credit Counseling Service of Central County; United Way of Pinellas County -Planned Giving provides
estate and financial planning. Homeless Emergency Project, Inc.
Education:
Juvenile Services Program, Inc. provides individualized classroom training to enhance basic skill, prepare for the
GED, or assist with remedial reading and math. Upon achieving academic goal, the program provides job placement,
enrollment in vocational training or on -the-job training.
YWCA Of Tampa Bay, WorkNet Pinellas is a full-service center for job preparation and job placement They also
include the following: a leamiilg lab, GED classes and a resource room (for resume and job search).
Homeless Emergency Project, Ine. provides tutoring and literacy classes.
Child Care:
Community Pride Child Care Center offers free child care to homeless families.
Coordinated Child Care of Pinellas, Inc. provides a one-stop site for child-care resources.
Operation PAR, PAR Village provides developmental child-<:are services for substance-exposed children.
Pinellas Association for Retarded Children (P ARC); Salvation Army; YWCA of Tampa Bay.
Employment:
WorkNet Pinellas is a full-service center for job preparation and job placement
County Dept of Education/Vocational Rehabilitation Services has a vocational rehabilitation counselor who assesses
the person's needs to reduce their vocational impediment
Boley Centers For Behavioral Health Care, Inc. has vocational services that include the following: vocational
evaluation, work adjustment training, job placement, supported employment and long-term follow-up services.
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Component: OUTREACH
Outreach in place:
.
Living on the Streets:
Street Guide to Homeless Services, "Street Sheet": This is a homeless outreach project guide to geographically
specific necessities such as: public showers, shelters, hot meals, food pantries, and public assistance offices. These are
given out by workers at soup kitchens, overnight shelters, churches, and various other organizations throughout
Pinellas County.
Community Voice Mail: offers free voice mailboxes to homeless individuals and families who need a communication
link for finding employment or housing. 2-1-1: This is a free three-digit phone number for around-the-clock (lA/7)
information and referral. It provides a critical connection between individuals and families in need, and the necessary
and appropriate services provided by community-based organizations and government agencies. Callers can find
information on the following types of services, but not limited to: homeless shelters, child care, veteran services,
health (mcluding HIV / AIDS) services, domestic violence shelters, runaway shelters, detox centers, substance abuse
and mental health support groups.
Shelter Bed Hotline: This provides daily bed count information such as available bed space at local homeless shelters.
Any homeless person, law enforcement official, human service professional can call 2-1-1 24/7 to locate an available
space to stay for the night or how to receive access to services.
HOST: Homeless Outreach provided by Suncoast Center for Community Mental Health
Veterans:
Annual Stand Down Event for Homeless Veterans: This is a VA and PCrn-sponsored day-long program for
homeless veterans. It provides the following: outreach, services, counseling for all homeless families and individuals,
including homeless veterans. The participating agencies include the following agencies: Pinellas County's mobile
medical van, VA doctors, St. Petersburg Free Oinic, Gulfr:oast Legal Services, Inc., Homeless Emergency Project,
Inc., Social Security Administration and Veterans Administration.
.
VA Homeless Outreach: The Veterans Administration provides two social workers to go direcdy to programs, such
as emergency shelters and soup kitchens, where homeless veterans may be present. These social wo:rkers assist
veterans with accessing benefits and other available community resources available to them.
Directions for Mental Health-Homeless Outreach staff and case Management have met with representatives from the
Oearwater Social Security Administration to enhance our effurts to assist clients with benefits applications. This
effort is ongoing.
Seriously Mentally Ill:
PATII Projects: Projects for Assistance in the Transition from Homelessness (PAlB) projects are funded at
Suncoast Center for Community Mental Health, Homeless Outreach Support Team (HaS'!) and Directions for
Mental Health. Mental health and substance abuse professionals who regularly visit shelters, soup kitchens and other
areas where homeless people are located staff these programs. The goal is to identify, assess and educate potential
clients as well as make appropriate referrals or connections.
Directions for Mental Health-Enhancement to Directions Outreach to homeless families program. Improve the
effectiveness by working with families longer to insure that they are linked and engaged by mainstream resources.
PEMHS- Expanded the Focused Outreach Program for persons with mental illness exiting jail who may be homeless
or for whom homelessness will be prevented.
Just Love inC.-More Outreach to Mental-health challenged clients.
Suncoast Center for Community Mental Health, Inc.-Focused Outreach and Intervention Program was enhanced by
adding a full-time position to provide Dual Diagnosis treatment to clients who are actively legally involved. It added
two clinical positions to work in the booking dept of the Pinellas County Jail to identify seriously mentally ill
misdemeanor offenders and get them released to the community and linked with treatment and case management
support The program is also collaborating with the Pinellas County Public Defender's Office to provide intensive
case management and therapy to diverted clients.
.
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Directions for Mental Health-Community Transitions, and Homeless Outreach program for adults and families:
Increased and enhanced training to case managers and clinicians, who work with the homeless population, on the
treatment of @-occurring disorders. We are focusing on the Comprehensive, Continuous, Integrated System of care
as well as utilizing other evidence-based practices.
Substance Abuse:
Turning Point Inebriate Reception Center (WestCare GulfCoast Florida): selVes as an entry program to any homeless
person under the influence of drugs or alcohol. Persons accessing services at Turning Point are provided with
assessment assistance to access shelter and drug treatment related progrnms.
Operation PAR: provides outreach to the homeless through the agency detoxification and treatment programs and
shelter collaboration.
Law enforcement agencies: These agencies throughout Pinellas County will pick up intoxicated homeless people and
bring them to the Turning Point (description above).
Suncoast Center for Community Mental Health: It yearly contacts approximately 200 formerly homeless individuals
who are living in transitional housing to provide assessments. Those meeting admission criteria (mental health and
substance abuse issues) are eligible to participate in the program which consists of the following: a psychosocial
assessment, individualized treatment pl3n, psychiatric evaluation, medication management, counseling, group therapy,
case management and community resources.
HIV / AIDS:
Pinellas County Social Services Mobile Medical Van: It schedules regular visits to shelters and other places where
homeless people are likely to be found, and it offers free of charge the following services: medical, counseling,
education and testing services. There is a stmctural outreach program in place for those diagnosed HIV positive.
Persons are referred to the Department of Health, where each individual is offered case management services from a
choice of one of six agencies. Case management services ensure that the person's needs are met, that services are
accessed, and that emergencies are crises can be effectively dealt with through every stage of the person's illness.
Domestic Violence:
The Haven and CASA: provide prevention and early intervention by reaching out to women and children before the
violence in their lives escalates, and they need emergency shelter. In these non-residential programs, they work in the
schools, the justice system, businesses, civic locales, communities of faith, local shelters, mental health programs and
hospitals; they reach more than 20,000 people each year.
Xmtth:
Alpha "A Beginning" Inc. provides outreach services to young women who are homeless and are pregnant or have
children. Brookwood: has outreach services in place for young, homeless women and provides transitional housing
for young adults (18-21) coming out of homeless shelters.
Family Resources: has a Street Safe program that seeks out homeless youth in St. Petersburg and offers various
services such as: pregnancy counseling, rape/crisis counseling, victim rights and advocacy, HIV testing and
information, medical services and dental services, provides youth with hygiene items, food, shelter, and clothing.
Family Resources' Safe Place: provides a prevention/outreach program that provides a haven for youth who are in
crisis. There are over 150 locations for youth to go in times of crisis, and transportation to the homeless shelter will
be arranged for any youth requesting it.
The Pinellas Juvenile Assessment Center OAq: refers runaways to shelters if they are not criminally involved and
refuse to return home. It houses an office of Operation PAR to selVe as an outreach site for youth who are in need
of substance-abuse services.
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Form G - Housio2 Activity Chart - 2004
, "CiI;t '-'0'''4 "
EmergenqSluU'" , , ,
... HMIS TlD'II!etP.... 200S V...-_dUlllDlBedl :z005~ Be'"
Namber 01 ~ ~ -- T_V_ Ow...._
Pr1Ndor_ ~N_ Plri. Code
Year-RAoI. Ile... GeoCodo A B UdIs Beds Beds _d s_ V_
'''%'Iil1ii$7 "
ASAP HomoIea. _eo. Inc. WommSheIter A 18 122724 SF 18 18
ASAP HomoIeo. _eo. Inc. F8Dilv Shelter A 11 122724 Fe 3 11 11
CelllW8ter Homeleo. interVention Projec:t-CHlP A 42 120492 SMF 42 42
Ceorwater Homlloo. Intervention Proiect-CHlP A 6 120492 Fe 1 6 6
Ac:tion StoP. Abuoe CAS!'. ES A 30 122724 Fe DV 6 30 30
Fonily Reoomceo: St. Pete. SatePlace 2B Z 0 122724 '\'MF 12 12
Fanilv Reooun:eo: Cearwater SatePlace 2B Z 0 120492 YMF 12 12
Homeleo. 'ct Adult Sheller A 77 120492 SMF 77 77
HODEleaa F8Dilv Shelter A 28 120492 Fe 8 28 28
l'eDona18uichmmt-Menta1 Health SeIVic:e.: ES Z 0 129103 YMF 20 20
Faith-booed: St. Petellb.um Downtown ES Z 0 122724 SMF 24 24
Raligiouo Conmmity SerIic:e. Gaee House A 84 120492 Fe 13 84 84
. . SerIic:e. The Haven ES A 34 120492 Fe DV 9 34 34
SL Petenbulll Flee Clinic: Beacon House A 20 122724 SMF 20 20
Salvation Annv: 8L Peteabunz Adult Shelter A 35 122724 SMF 35 35
SaIvation~: 8L PeleDbwg FlIIrily Shelter A 24 122724 Fe 6 24 24
WestOue OJUi:oaat Florida Tumin.. Point A 56 122724 SMF 56 56 40
YWCA of'T1IIQlll Bav F8Dilv WJao:e A 4S 122724 Fe 8 4S 45
1.t Uniled MethodiatL TllIpOn Cold Night SIt. Z 0 129103 FClSMF 20
Nordl.....t PleIbv1e1ian COld NlRht SIt. Z 0 122724 FClSMF -60
Solid Rock Cbriatian Recovery Cold Night SIt. Z 0 121710 FClSMF 65
Peace MOIUIIial__ Cold N"JRht SIt. Z 0 120492 FClSMF 150
Cluden of Peace Luthemn Cold N"lllht SIt. Z 0 122724 FClSMF 40
TOI'ALS 248 26 TOTALll 54 262 316 S78 375
-. w.'.",
CelllW8ter 110....100. interVention Project-CHlP Jun-06 120492 SM I 14 14 I I
I ~~~
-.N... TOTAI& I
11, Total Year-Round Individual ES Beda I a~::~:~- ~
2 Year-Round Individual ES Bodo in HMIS I 5. FaIIiIv ES Bodo in HMIS 262
3, HMIS Coviifi Individual ES Beda I 6. HMISCov........F8DilvESBodo 100"/0
....,_"."_~iiiiiit"..
.
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Exhibitl: c;ontinllUID of Care lIousing Activity C~r1:s
7'rtu1d1i"nM H,,_ ,
I. - T...etP- 2105 V___.-1JIodI
T_V_
_..... N.... _~N.... Put. Cede rir. Rouud Goo Cede -.,. .......,. ......- -
A B UoIls Betk Betk Betk
A~Day 1_ Site TII A so 129103 FC 11 so
'Alpha A 1l<llimDDlt lAb>ha TII A 38 122724 FC 18 38
Alpha-A BqjnniDg IDeeb Horimna A 8 122724 FC 2 8
,ASAP Homc:ll:n Selvia:s: FIIIIIiIy R<sidcoa: A 8 122724 FC 2 8
._ CaItas ICab ADartmonlB A 20 122724 SMF 20
_oocIF1oridaCc:ntn1l: _oocI A 52 122724 YF 52
CIIIboIi<: c:IuaiW:s la.ristooher Villas Z 0 122724 SM AIDS 6
CIDistian Ra:ovay CaIta: FailhIJanico Z 0 122724 SM <<l
CIDistian RoaM:Iv CaIta: IlrowDIG8ldal Z 0 122724 SF 9
aar-ter Homae.mlervmlion Project.: aup A 10 120492 SMF 10 1
,COmJmmilY Action Stops Abuse: Oalcways A 8l 122724 FC DV 14 8l
FIIIIIilY Resouras Ill. Pd. SofeP,""" 2B Z 0 122724 YMF 12 1
Homeless l1mar;aK:y Project: S+C A 15 120492 SMF 15 IS
. Opc:rtion PAR PAR Village A 6 129103 FC 2 6
PCISOJIlIl "'".'':'''''<'It.throusJl TnoaImont A Z 0 129103 SMF 30
Mc:nta1 Health Selvia:s TnoaImont B Z 0 120492 SMF 14 1
(PEMHS) . . . Group Home Z 0 121710 YMF 12 1
Jldisjous ComJmmily SVcs: Stepping St_ A (j() 120492 FC 19 (j()
.. SVcs: Habal TLP A 44 120492 FC DV 11 44
Rmum:clion House I_House Z 0 122724 FC 19 84
St. Pet...bma Free CIioic: Bc:acon House A 10 122724 SM 10 1
St. PclasbmaFree CIioic: Womais Rm. A 20 122724 SF 20
St. Viru:mt de PlIIIl SP: CGIta: of Hope A 88 122724 SMF VEl' 88
Salwtion AnDy of St. pctasblllg THP A 37 122724 SMF 37 3
Salwtion Aonv ofClcanrsla: AIIlIDC Z 0 120492 SMF AIDS 4
SalwlionAonv ofClauwsler: Harbor Cr. Z 0 120492 FC 8 28
Sodcby ofauistian Missionas: Saatity Housc Z 0 122724 SM 38
Sodcby ofauistian M_: Saatity ViIIlIlle z 0 l22124 SM 20
U. S. Vet...... AdmiDistndiott Z 0 129103 SMF VEl' 48
West Canoo_ FI: M__ Im1 A 70 122724 SMF 70
YWCA ofTlIDpa Bay: Faoi1y ViIIlIlle A 32 122724 FC 8 32
I TOTAl1i 322 32/1 TOTAl1i 114 438 SSS
.. SVcs: Stcppma St_ I Jun~ 120492 FC 18 36 I
SalwtionAnDy ofClcanrsla: UlID8IIlcd I Jun~ 120492IFC I T llH 42T T
-. AnDy ofClcanrsla: UlID8IIled I Jun~ 120492 FClSMF T T 141" 28T T
I I I TOTAl1i 42 106 1
I~- TOTAl1i
1. Total Year Round Individual TII Beds 438
2. Individual TII Beds in HMIS 326
3. HMIS Coiii' Individual TII Beds I I 46%
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PBIIIIUIeIJt Sllpportive Housing
IIMI8 TlII'I!et P.., 200S Year-RooDd UdlslBedo
ThaI Year
PnnIdor Nlne FaelIIty N_ P..... Code #Yr.R8Imd GeoCode ~ F8mIIy -- _d
A B Beds Beds Beds
'.&liI?; #f~C[j.r ~
Benedict Haven Benedict Haven A 7 122724 SM 7 7
Boley Cent... Buttedly Apts, A 8 122724 SMF 8
Boley Cenlen D, MiDer Apts. A 3 122724 SMF 3
Boley Cenlen DaDe Dist:rid Apta. A 4 122724 SMF 4
Boley Cenlen <rove Street ADbi. A 9 122724 SMF
Boley Cenlen KenwoodAp_ A 7 122724 SMF 7 7
Boley Cenlen Marconi Apllllmellla A 8 16 122724 FClSMF 2 16 8
Boley Cent... _ Apllllmellla A 5 122724 SMF 5 5
Boley Cent... 128 Place Apll" A 4 122724 SMF 4
ClIIbciic CbaritieIl CuilItopber Center Z 0 122724 SMF AIDS 17 17
Catbolic c_ FmUy _ Z 0 122724 FC AIDS 1 6
0_ Comm. Care Dunedin Apllllmellla Z 0 129103 SMF AIDS
GuI_ Comm. Care LaQiP Apllllmellla Z 0 121710 SMF AIDS 4
Oul_ Comm. Care SIlfilly Harbor Apt.. Z 0 129103 SMF AIDS 5 5
0_ Comm. Care Tllpm~riIIgjoApts, Z 129103 SMF AIDS 2
HomeI...1lIDeqjIlIIcy PlQjec:l: BIIy ViJJao A 88 120492 FC 16 88 88
HomeI...1lIDeqjIlIIcy PlQjoct: PSH Phase 1 A 16 120492 SMF 16 1
HomeI...1lIDeqjIlIIcy PIQjoct: S>C A 70 120492 SMF 7 7
_ AflbnIabIe Living Laboide Colony A 36 122724 FC 9 36
_ AflbnIabIe Living Bayou P... A 8 122724 FC 2 8
I I TOTALS 141 148 lOTAIS 30 154 171 335
Boley Cent... Palmetto 1lree211 Dec-05 122724 SMF I 21
Boley Cenlen Safe Haven Dec-05 122724 SMF I 251
HomeI...1lIDeqjIlIIcy l'n!ioct: PSH Phaso 2 Dec-05 120492ISMF 1 1 I I 161 1
I I lOTAIS 43
UlmetNeed Iii'
L Total Year Round Individual PSH Beds I 171 4, TotaIYearRoundF8I1IihtPSHBeds 15
12 Individual PSHBeds in HMIS I 1 5, Fomi1v PSH Beds in HMIS 14
13, HMIS Coviie Individual PSH Beds I 6. HMIS (bveIlIlP;e Family PSH Beds I .
Homeless Strategic Plan (91.215 (g)
1. Homelessness- Describe the jurisdiction s strategy for developing a system to address
homelessness and the priority needs of homeless persons and families (including the
subpopulations identified in the needs section). The jurisdiction's strategy must consider
the housing and supportive services needed in each stage of the process which includes
preventing homelessness, outreach/assessment, emergency shelters and services,
transitional housing, and helping homeless persons (especially any persons that are
chronically homeless) make the transition to permanent housing and independent living.
The jurisdiction must also describe its strategy for helping extremely low- and low-income
individuals and families who are at imminent risk of becoming homeless.
2. Chronic homelessness-Describe the jurisdictions strategy for eliminating chronic
homelessness by 2012. This should include the strategy for helping homeless persons
make the transition to permanent housing and independent living. This strategy should,
to the maximum extent feaSible, be coordinated with the strategy presented Exhibit 1 of
the Continuum of Care (CoC) application and any other strategy or plan to eliminate
chronic homelessness. Also describe, in a narrative, relationships and efforts to coordinate
the Conplan, CoC, and any other strategy or plan to address chronic homelessness.
3. Homelessness Prevention-Describe the jurisdiction's strategy to help prevent
homelessness for individuals and families with children who are at imminent risk of
becoming homeless.
4. Institutional Structure-Briefly describe the institutional structure, including private
industry, non-profit organizations, and public institutions, through which the jurisdiction
will carry out its homelessness strategy.
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5. Discharge Coordination Policy-Every jurisdiction receiving McKinney-Vento Homeless
Assistance Act Emergency Shelter Grant (ESG), Supportive Housing, Shelter Plus Care, or
Section 8 SRO Program funds must develop and implement a Discharge Coordination
Policy, to the maximum extent practicable. Such a policy should include "policies and
protocols for the discharge of persons from publicly funded institutions or systems of care
(such as health care facilities, foster care or other youth facilities, or correction programs
and institutions) in order to prevent such discharge from immediately resulting in
home/essness for such persons." The jurisdiction should describe its planned activities to
implement a cohesive, community-wide Discharge Coordination Policy, and how the
community will move toward such a policy.
5 Year Homeless Strategic Plan Response:
91.215 (c) 1. HOMELESS PRIORITIES
The City supports the Continuum of Care's priorities of providing shelter and transitional
housing for families, especially victims of domestic violence and ending chronic
homelessness through the provision of transitional housing.
91.215 (c) 2. BASIS FOR ASSIGNING PRIORITIES
The Continuum of Care developed these priorities in close consultation with its member
agencies who directly provided services for the homeless throughout Pinellas County.
91.215 (c) 3. OBSTACLES TO MEETING PRIORITY NEEDS
The major obstacles to meeting the priorities will continue to be the lack of federal/state
funding; both entities of which continue to reduce funding in these areas.
91.215 (c) 4. SPECIFIC LONG/SHORT-TERM OBJECTIVES
The City has identified the following specific homeless objectives for FY2005 to
FY2010
Homeless Objective One: Homeless Families
· Provide Social Services for 250 families
· Funding Source: CDBG
Homeless Objective Two: Homeless Families
· Provide Shelter/Transitional Housing for 50 families
· Funding Source: HOME/CDBG
91.215 (c) 5. DISCHARGE COORDINATION POLICY
The Pinellas County Coalition for the Homeless (pCCR) works with state and local law
enforcement officials to reintegrate persons leaving public institutions. These include the
Pinellas County Sheriff Department's project PAR, which allows ex-inmates to receive
substance abuse treatment; and the state's Inmate Participation & Accountability Program
for Community Transition (IMP AC1). The PCCH also provides a focused outreach
program to reach these individuals.
Collectively, these agencies also participate in the pre-booking intervention programs, for
persons with mental health and/or substance problems and juvenile offenders.
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..11111181 [IJ1~gl!..lIglm '~7" ~~ n ,
'" X",,/ ;;; '" " " >>
Community DeveloDment (91.215 (ell
*Please also refer to the CommunIty Development Table In the Needs.xls workbook
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1. Identify the jurisdiction 's priority non-housing community development needs eligible for
assistance by CDBG eligibility category specified in the Community Development Needs
Table (formerly Table 2B), - i.e., public facilities, public improvements, public services and
economic development.
2. Describe the basis for assigning the priority given to each category of priority needs.
3. Identify any obstacles to meeting underserved needs.
4. Identify specific long-term and short-term community development objectives (including
economic development activities that create jobs), developed in accordance with the
statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG
program to provide decent housing and a suitable living environment and expand
economic opportunities, principally for low- and moderate-income persons.
NOTE: Each specific objectIve developed to address a priorIty need, must be Identified by number
and contain proposed accomplishments, the tIme period (i.e., one, two, three, or more years), and
annual program year numeric goals the jurIsdiction hopes to achieve in quantItatIve terms, or in other
measurable terms as identified and defined by the jurisdiction.
5 Year Strategic Plan Community Development Response:
91.215 (e) 1. PRIORITY COMMUNITY DEVELOPMENT NEEDS:
The City's Priority Community development needs will continue to be eliminating slum and
blighting influences in the City's Two Neighborhood Revitalization Strategy Areas (North
and South Greenwood) which are both adjacent to the City's recently expanded Downtown
Community Redevelopment Area.
.
This area is known as the East Gateway area and is east of, but contiguous to both
downtown and the North and South Greenwood Revitalization Strategy Areas. Needed
improvements will include infrastructure, community facilities, signage and streetscaping,
landscaping and other public improvements.
91.215 (e) 2. BASIS FOR ASSIGNING PRIORITIES:
The City has completed the majority of the community improvements within its two
revitalization areas and is now shifting its emphasis to the East Gateway area in conjunction
with the City's downtown redevelopment initiatives.
91.215 (e) 3. OBSTACLES TO MEETING NEEDS:
The major obstacle to meeting the City's community development needs continues to be the
lack of federal and state funding, both of whom have cut-back on their programs to serve
the City's low income residents.
91.215 (e) 4. SPECIFIC OBJECTIVES:
The City's Specific FY2005 - FY2010 Community Development Objectives
Community Development Objective ONE:
· Infrastructure Improvements to the East Gateway Area: One linear mile of
improvements.
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· Funding Source: CDBG
Antipoverty Strategy (91.215 (h)l
1. Describe the jurisdiction's goals, programs, and policies for reducing the number of
poverty level families (as defined by the Office of Management and Budget and revised
annually). In consultation with other appropriate public and private agencies, (i.e. TANF
agency) state how the jurisdiction's goals, programs, and policies for producing and
preserving affordable housing set forth in the housing component of the consolidated plan
will be coordinated with other programs and services for which the jurisdiction is
responsible.
2. Identify the extent to which this strategy will reduce (or assist in reducing) the number of
poverty level families, taking into consideration factors over which the jurisdiction has
control.
5 Year Strategic Plan Antipoverty Strategy response:
91.215 (h) 1. ANTIPOVERTY STRATEGY
Twelve Percent of the City's residents live in poverty, which matches the national average.
The City of Clearwater participates in the Tampa Bqy Partnership, the regional economic
development agency and Enterprise Florida, the statewide economic development entity; and
has its own economic development program. The Tampa Bqy Partnership internationally
recruits companies to locate in the Tampa Bay region. They provide a full range of business
relocation assistance programs and utilize state and local incentive programs to help in this
process. There are also Small Business Development Centers at the Community College,
Business Incubators, and SBA Small Business Development Centers.
This agency also works with a network of educational agencies to provide customized job
training programs for the business community. The area's Workforce Development Board
and Worknet Pinellas also provide job training/employment skills to low-income residents.
The City of Clearwater also has its own economic development program, which is designed
to interface with the regional program and work on specific local issues. The City prepared
one of the first 'Brownfield' redevelopment plans in the state, has an Enterprise Zone and a
HUB Zone, which are all designed to spur redevelopment/reinvestment in its low-income
areas.
The City also has major redevelopment occurring along the US-19 and SR-60 corridors, in
downtown and out at the beach. There is a Main Street Program to assist downtown
merchants. The City also works closely with the Clearwater Chamber of Commerce with
providing technical assistance to business owners. All these programs have created new jobs
and opportunities in the City.
Collectively, these programs represent a highly effective anti-poverty program.
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91.215 (h) 2. ANTIPOVERlY STRATEGY EFFECTIVENESS
The City's Antipoverty Strategy encompasses all known economic development,
redevelopment, small business development, and self-sufficiency programs available. This
has enabled the City to increase the employment within the City.
.
The major problem facing the City's working poor is the lack of educational attainment,
which tends to directly relate to employment success and income. This problem is even
more difficult for low income Hispanics, who lack both education and English language
skills. These problems are outside of the City's capacity to resolve.
1.1-lJIfilll~II,I~a~lilIJ~~llfil"" """",, +
5Decific 5Decial Needs Objectives (91.215)
1. Describe the priorities and specific objectives the jurisdiction hopes to achieve over a
specified time period.
2. Describe how Federal, State, and local public and private sector resources that are
reasonably expected to be available will be used to address identified needs for the period
covered by the strategic plan.
5 Year Non-homeless Special Needs Objectives Response:
91.215 1.. PRIORITIES AND SPECIFIC OBJECTIVES
The City has given the Non-Homeless Persons with Special Needs a medium priority and
plans no major activities in this area.
.
Specific FY2005 to FY2010 Objectives for Non-Homeless Special Needs:
Non-Homeless Special Needs Objective ONE: Provision of Services
· Provide services for 500 special need persons.
o Funding Source: CDBG
Non-Homeless Special Needs Objective TWO: Provision of Facilities
· Provide for the construction/expansion of beds for 50 special need persons.
o Funding Source: CDBG/HOME/SHIP
91.215 2. HOW RESOURCES WILL BE UTIUZED
The City will utilize its CDBG, HOME and SHIP funds to address this need.
Non-homeless Special Needs (91.205 (d) and 91.210 (d))
Analysis (including HOPWA)
*Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook.
1. Estimate, to the extent practicable, the number of persons in various subpopulations that
are not homeless but may require housing or supportive services, including the elderly,
frail elderly, persons with disabilities (mental, physical, developmental, persons with
HN/AIDS and their families), persons with alcohol or other drug addiction, and any other
categories the jurisdiction may specify and describe their supportive housing needs. The
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jurisdiction can use the Non-Homeless Special Needs Table (formerly Table 18) of their
Consolidated Plan to help identify these needs.
*Note: HOPWA recipients must identify the size and characteristics of the population with
HNjAIDS and their families that will be served in the metropolitan area.
2. Identify the priority housing and supportive service needs of persons who are not
homeless but require supportive housing, i.e., elderly, frail elderly, persons with
disabilities (mental, physical, developmental, persons with HNjAIDS and their families),
persons with alcohol or other drug addiction by using the Non-homeless Special Needs
Table.
3. Describe the basis for assigning the priority given to each category of priority needs.
4. Identify any obstacles to meeting underserved needs.
5. To the extent information is available, describe the facilities and services that assist
persons who are not homeless but require supportive housing, and programs for ensuring
that persons returning from mental and physical health institutions receive appropriate
supportive housing.
6. If the jurisdiction plans to use HOME or other tenant based rental assistance to assist one
or more of these subpopulations, it must justify the need for such assistance in the plan.
5 Year Non-homeless Special Needs Analysis Response:
91.205 (d) 1. ESTIMATE OF NON-HOMELESS SPECIAL NEEDS
The following table represents estimates of non-homeless special needs populations within the
Consortium. Note these estimates are from HUD and are based on the best available estimates;
and many individuals in these populations may not qualify for these programs.
.
Non-Homeless Special Needs Population
. .. <:;J:()-.,.pc:. .
Elderly
J'<'t'llilgl~etiy ..
Severe Mental Illness
~. _.-r__"__7 "....,,"'.___..___. .__.__
D.,..,.~!,>p~~!~.!pi_s_~_lec:l."
Pysiailly Disabled
,Al<.x>l1()l!I.:>l:ll:K1\clclicti()l1.
AIDS
S ollTCe: IiUD estimates.
In Need or
suppor1ive
Services
10,793
. 1,07?
?,1?9
1,1~?
2,159
5,3<)6
356
In Need or
Supportive
1!()1J8~ '.
1,079
514 i
514
81
215
539 ".
50
91.215 (d) 2. PRIORITY HOUSING AND SUPPORTIVE SERVICE NEEDS
Low-Income Elderly Households are often in the need for services that will help them
maintain their independence. The Area Agency on Aging has found transportation (food &
medical) is the largest request. This is followed by in-home meals, cleaning and yard service.
The availability of these services can keep elderly, even with limitations in their homes.
Households headed by someone over 75 are most likely to have Frail Elderly members who
have severe limits on their mobility. These households have all the supportive service needs
of their juniors and more likely to seek supportive (assisted) housing.
Persons suffering from Severe Mental Illness are most likely to need psychiatric care and
life-skills counseling as an alternative to the smaller number who may need hospitalization.
. The Developmentally Disabled tend to need life-skills/employment training. The State has
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found that the majority of this special needs population lives with their families and that only
a small number need supportive housing.
.
It is extremely difficult to estimate the number of Physically Disabled persons, especially
in a City with such a high percentage of elderly residents. The truly disabled will need
handicapped accessible housing and transportation, medical and life-skills services.
The state estimates that 10% of the adult population suffers from an Alcohol/and Other
Drug Addictions and 1 % will need supportive housing. Supportive services would include
medical treatment/counseling
91.215 (d) 3. DESCRIBE BASIS FOR PRIORITIES
Because the City's collective needs far outweigh the available resources, the City has given
this category a medium priority. The City will continue to work with the County's social
service agencies to provide new/expanded facilities to serve those eligible non-homeless
persons with special needs.
91.215 (d) 4. OBSTACLES TO MEETING UNDERSERVED NEEDS
The major obstacle to meeting the needs of this group include continued on-going cutbacks
in federal/state funding for local programs to serve these groups.
91.210 (d) 5. FACILITIES AND SERVICES AVAILABLE
In 2003, there were 253 Assisted Living Facilities (ALF) in Pinellas County with a combined
capacity of 7,731 beds. There were also 78 Nursing Homes with the combined capacity of
9,007 beds.
.
No data is readily available on the number of supportive housing or supportive service
facilities specifically available for all the special needs groups listed above that are located
within the City.
(91.215) (d) 6. USE OF TBRA
The City does not intend to provide HOME funds for use in providing Tenant Based Rental
Assistance (fBRA) to any non-homeless special needs population.
5Decific 5Decial Needs Objectives (91.2151
1. Describe the priorities and specific objectives the jurisdiction hopes to achieve over a
specified time period.
2. Describe how Federal, State, and local public and private sector resources that are
reasonably expected to be available will be used to address identified needs for the period
covered by the strategic plan.
Specific Special Needs Objectives Response:
91.215 1.. PRIORITIES AND SPECIFIC OBJECTIVES
The City has given the Non-Homeless Persons with Special Needs a medium priority and
plans no major activities in this area.
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Specific FY2005 to FY2010 Objectives for Non-Homeless Special Needs:
Non-Homeless Special Needs Objective ONE: Provision of Services
· Provide services for 500 special need persons.
o Funding Source: CDBG
Non-Homeless Special Needs Objective ONE: Provision of Facilities
· Provide for the construction/expansion of beds for 50 special need persons.
o Funding Source: CDBG /HOME/SHIP
91.215 2. HOW RESOURCES WILL BE UTIliZED
The City will utilize its CDBG, HOME and SHIP funds to address this need.
Housing Opportunities for People with AIDS (HOPWA)
*Please also refer to the HOPWA Table in the Needs.xls workbook.
1. The Plan includes a description of the activities to be undertaken with its HOPWA Program
funds to address priority unmet housing needs for the eligible population. Activities will
assist persons who are not homeless but require supportive housing, such as efforts to
prevent low-income individuals and families from becoming homeless and may address
the housing needs of persons who are homeless In order to help homeless persons make
the transition to permanent housing and independent living. The plan would Identify any
obstacles to meeting underserved needs and summarize the priorities and specific
objectives, describing how funds made available will be used to address identified needs.
2. The Plan must establish annual HOPWA output goals for the planned number of
households to be assisted during the year in: (1) short-term rent, mortgage and utility
payments to avoid homelessness; (2) rental assistance programs; and (3) in housing
facilities, such as community residences and SRO dwellings, where funds are used to
develop and/or operate these facilities. The plan can also describe the special features or
needs being addressed, such as support for persons who are homeless or chronically
homeless. These outputs are to be used in connection with an assessment of client
outcomes for achieving housing stability, reduced risks of homelessness and improved
access to care.
3. For housing facility projects being developed, a target date for the completion of each
development activity must be included and information on the continued use of these units
for the eligible population based on their stewardship requirements (e.g. within the ten-
year use periods for projects involving acquisition, new construction or substantial
rehabilitation).
4. The Plan includes an explanation of how the funds will be allocated including a description
of the geographic area in which assistance will be directed and the rationale for these
geographic allocations and priorities. Include the name of each project sponsor, the zip
code for the primary area(s) of planned activities, amounts committed to that sponsor,
and whether the sponsor is a .faith-based and/or grassroots organization.
5. The Plan describes the role of the lead jurisdiction in the eligible metropolitan statistical
area (EMSA), involving (a) consultation to develop a metropolitan-wide strategy for
addressing the needs of persons with HIV/AIDS and their families living throughout the
EMSA with the other jurisdictions within the EMSA; (b) the standards and procedures to be
used to monitor HOPWA Program activities in order to ensure compliance by project
sponsors of the requirements of the program.
6. The Plan includes the certifications relevant to the HOPWA Program.
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5 Year Strategic Plan HOPWA response:
.
The City of Tampa is the Regional HOPWA Administrator
Specific HOPWA Objectives
1. Describe how Federal, State, and local public and private sector resources that are
reasonably expected to be available will be used to address identified needs for the period
covered by the strategic plan.
5 Year Specific HOPWA Objectives response:
N.A.
rlllllllllDIlIlVi ;=M" ~7 'u
Include any Strategic Plan information that was not covered by a narrative in any other
section.
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CITY of CLEARWATER
FY200S-2010
CONSOLIDATED PLANNING DOCUMENT
FY2005-2006 ACTION PLAN
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.~~'~j:i ~ ~o
{*1II*) Fir~t Program Year
v~e"ND~~"'o~~ Action Plan
The CPMP First Annual Action Plan includes the SF 424 and Narrative Responses to
Action Plan questions that CDBG, HOME, 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.
mE III ,
Complete the fillable fields (blue cells) in the table below.
values from the Grantee Information Worksheet.
Date Submitted Iicant Identifier
Date Received b tate Identifier
Date Received b Federal Identifier
The other items are pre-filled with
.
licant Information
i of Clearwater
112 S. Osceola Ave.
T e of Submission
lication Pre- lication
Construction Construction
Non Construction Non Construction
U.S. Department 0
Pro ram Fundin Housin and Urban Develo men
atalogue of Federal Domestic Assistance Numbers; Descriptive litle of Applicant Project(s);
eas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding
ommunity Development Block Grant 14.218 Entitlement Grant
itywide
DBG Grant Amount: $1,079,985
Describe
dditional Federal Funds leveraged
dditional State Funds leveraged
rantee Funds Leveraged
her (Describe)
nticipated Program Income: $200,000
otal Funds Leveraged for CDBG-based Project(s)
Home Investment Partnerships Program 14.239 HOME
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HOME Project litles
itywide
First Program Year Action Plan (07.13.05) 1
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City of Clearwater
HOME Grant Amount: $577,115 ~:ditional HUD Grant(s) IDeSCribe
everaged: n/a
~dditional Federal Funds Leveraged: n/a Additional state Funds Leveraged
Locally Leveraged Funds: n/a Grantee fRunds lJ!yeraged: n/a
~nticipat~(:f.Program InCQme:. nla Other (De$cribe)
Irotal Funds L fQfaQ.....,. L '"' :\
I a~~u.. '...... .... .........._....
c.Ac 'T ii
Housing Opportunities for People with 14.241 HOPWA
~bS
HOPWA Project TItles: n/a Description of Areas Affected by HOPWA
Project(s)
HOPWA Grant Amount: n/a ~dditi(mal HUD Grant(s) IDeSCribe
Leveraged
~dditional Federal Funds Leveraged Additional State Funds Leveraged
Locally Leveraged Funds Grantee Funds Leveraged
~nticipated Program Income Other (Describe)
Total Funds Leveraged for HOPWA-based Project(s)
Emergency Shelter Grants Program 14.231 ESG
ESG Project TItles: n/a Description of Areas Affected by ESG
Prolect(s)
ESG Grant Amount: n/a rdditional HUD Grant(s) Leveraged IDeSCribe
Additional Federal Funds Leveraged IAdditional State Funds Leveraged
Locally Leveraged Funds IGrantee Funds Leveraged
Anticipated Program Income IOther (Describe)
otal Funds Leveraged for ESG-based Project(s)
Congressional Districts of: Is application subject to review by state
gtl1 I gtl1 Executive Order 12372 Process?
Is the applicant delinquent on any federal DYes This application was made available to
debt? If "Yes" please include an additional the state EO 12372 process for review
document explaining the situation. on DATE
IZI No Program is not covered by EO 12372
DYes I ~ No DN/A Program has not been selected by the
state for review
First Program Year Action Plan(07.13.0S) 2
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City of Clearwater
Person to be contacted regarding this application
Howie
sistant Director 27-562-4031
owie.carroll@myclearwater.com myclea rwater .com
19nature of A\,Itl1Qrtzed RepresentativE!
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Narrative Responses
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II IIltl, '$ " A 'h 'w" " , '
Executive Summary
The Executive Summary is optional, but encouraged. If you choose to complete it, please
provide a brief overview that includes major initiatives and highlights that are proposed during
the next year.
Program Year 1 Action Plan Executive Summary:
This Action Plan is for the City of Clearwater's FY2005-2006 Program Year.
The City receives federal funds from the Department of Housing and Development from
two federal programs as an entitlement community. These are the Community
Development Block Grant Program (CDBG) and the HOME Investment Partnership
(HOME) affordable housing program. The City does not receive an Emergency Shelter
Block Grant. The City also utilizes its Florida State Housing Initiatives Partnership (SI-llP)
affordable housing funds in support of these programs; which are all targeted at assisting the
City's low to moderate income residents.
The City is a member of the Pinellas County Continuum of Care and supports its priorities.
The City of Tampa is the regional HOPWA.
.
During the following program year the City will receive the following estimated grant
funds, inclusive of program income.
· Community Development Block Grant:
· HOME:
· SHIP:
Total Estimated Funding
$ 1,279,985
$ 577,115
$ 1,020,105
$ 2,877,205
The City will utilize its funds to implement the specific objectives established within the
City's adopted FY2005 to FY2010 Consolidated Plan.
Mfordable housing funds will be administered on a city-wide basis targeted at helping low to
moderate income families become homeowners, maintain their properties and for housing
education and counseling. The City will provide assistance to the homeless and those with
special needs through the construction of additional facilities and the provision of services;
and its community development improvements will be focused on the East Gateway Area of
the City's Community Redevelopment Area.
The overall goal of the community planning and development programs covered by the
Action Plan is to develop viable urban communities by providing decent housing and a
suitable living environment and to expand economic opportunities principally for very-low
to moderate-income persons/households. The primary means towards this end is to extend
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City of Clearwater
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.
. Decent housing includes assisting homeless persons to obtain appropriate housing
and assisting persons at risk of becoming homeless; retention of the affordable
housing stock; and increasing the availability of permanent housing in good
condition and an affordable to very-low-income and moderate-income families,
particularly to members of disadvantaged minorities, without discrimination on the
basis of race, color, religion, sex, national origin, marital status, familial status, or
disability.
. Decent housing also includes increasing the supply of supportive housing, which
combines structural features and services needed to enable persons with special
needs, including persons with physical and mental disabilities, persons with
HIV / AIDS and their families, to live with dignity and independence; and providing
affordable housing to low-income persons accessible to job opportunities.
· A suitable living environment includes improving the safety and livability of
neighborhoods; increasing access to quality public and private facilities and services;
reducing the isolation of income groups within a community or geographical area
through the spatial deconcentration of housing opportunities for persons of lower
income and the revitalization of deteriorating or deteriorated neighborhoods;
restoring and preserving properties of special historic, architectural, or aesthetic
value; and conservation of energy resources.
First Program Year Action Plan(07.13.05) 5
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City of Clearwater
General Questions
1. Describe the geographic areas of the jurisdiction (including areas of low income families
and/or racial/minority concentration) in which assistance will be directed during the next
year.
2. Describe the basis for allocating investments geographically within the jurisdiction (or
within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for
assigning the priorities.
3. Describe actions that will take place during the next year to address obstacles to meeting
underserved needs.
.
Program Year 1 Action Plan General Questions response:
91.215 (a) 1. GEOGRAPHIC AREA.
The City of Clearwater, the ninth largest city in Florida is located in central Pinellas County
and stretches from Tampa Bay on the east to the Gulf of Mexico on the west.
MAP ONE displays those areas in the City where HUD has found that more than 51 % of
the populations have incomes below 80% of the Median family Income for the Tampa-
Clearwater-St. Petersburg Metropolitan Statistical Area.
LowIModer.Ite Income
.51-100%
"'...
...
.
"'"
Of
-..
\
\ J. T_ ....
-
~
lIE
.
First Program Year Action Plan(07.13.05) 6
Version 1.3
City of Clearwater
.
MAP TWO displays the areas where the City's Mrican-American population is
concentrated.
.
BLACKI POP2OOO
0-15%
15-25%
_25-100%
Legend
!~.-
Gul
Of
-
----. ..------: ":=.:::::.;::..--
T_ ....
~
....
..
MAP THREE displays the areas where the City's Hispanics are concentrated.
Legend
Hispanic Population
HISPANIC I POP2OOO
CQ-15%
L 15-25%
_25-100%
Gul
Of
---
---~.::~;::-;
.
~
...
..
First Program Year Action Plan(07.13.0S)
7
Version 1.3
City of Clearwater
--
Areas of Low /Moderation Income Concentrations
The table below shows all of the Census Tracts and Block Groups that are located within the
City of Clearwater that have a Low/Moderate income percentage above forty percent (40%).
.
025405 2 42.1 025405 1 54.2
026602 1 42.3 026300 6 55.2
026400 4 42.7 026400 1 56.6
026702 2 43.1 026808 2 57.5
025901 1 43.7 025902 5 59.3
026500 6 43.9 025902 4 59.6
026500 2 44.1 026905 3 62.2
025404 3 44.8 026808 1 62.4
026910 1 45.0 025401 3 63.8
026804 2 46.6 026500 1 64.0
026400 5 48.1 026200 2 64.6
025800 2 48.2 025800 3 67.5
026702 3 49.0 026100 3 67.5
026400 3 49.7 025404 1 68.9
026300 4 50.9 025902 1 69.4
026602 2 51.7 025504 3 71.2 .
026500 5 51.9 026200 1 74.0
026100 2 52.0 026601 2 74.9
026300 2 52.7 026400 2 75.1
025404 6 53.0 025902 2 75.5
026300 1 53.2 026100 5 83.4
026703 3 54.2 026905 2 100.0
91.215 (a) 2. BASIS FOR ALLOCATING INVESTMENTS:
Geographic:
The City will allocate its Housing and Homeless funds on a citywide basis. The City will
allocate its Community Development Block Grant funds within the City's HUD designated
low/moderate income areas, for activities that benefit low and moderate income persons,
and in the City's designated Community Redevelopment Areas and Neighborhood
Revitalization Strategy Areas.
Affordable Housing:
The City has given its highest affordable housing priority to assisting low-income households
and renters achieve and/or maintain homeownership. This will be accomplished through a
variety of mechanisms, including down-payment/closing cost assistance, acquisition and
. rehabilitation/expansion, new in-f1l1 housing and demolition/reconstruction programs.
.
First Program Year Action Plan(07.13.0S) 8
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City of Clearwater
In Pinellas County, as the price of homes continue to escalate at record rates, affordable,
quality, "attainable" housing continues to become a fading reality for many extremely low to
moderate-income households. Over the past several years, the "affordability gap" (the
difference between what a person can afford and what is actually available) has been growing
larger.
Typically, in the attainable housing arena, we are dealing with households that have incomes
ranging from extremely low-income Oess than or equal to 30 percent of area median income
(AMI), to at or below moderate income Oess than or equal to 120 percent AMI).
Most state and federal
deftnitions of affordable
housing indicate that a
household should not pay
more than 30 percent (30%)
of their household income
toward housing expenses.
Those housing expenses
account for mortgage payment
(principal and interest), taxes
and insurance. Using the
"affordable" deftnition, a
family of four (4), who is very low-income, can afford to pay $652 per month for housing
expenses.
.
Median Sales Price - Single Family
$D1,OO)
$2.'0,00)
3 $200,00)
'i:
A. $1[0,00)
tit
.,
D $100,00)
U)
$lO,OO)
$0
1994 1995 1996 1997 1998 1999 2OX) 2001 2002 2lXl3
!-Existing ~ew I
sovrce: Phellas COun1y Plarrtlg
.
Minimum Extremely Very Low Low Moderate
Wage Low Income Income Income
(25% (30% (50% (80% (120%
AMI) AMI) AMI) AMI) AMI)
$12,792 $15,645 $26,100 $41,750 $62,640
Monthly "Affordable" Payment
$319 $391 $652 $1,043 $1,566
Income levels for a family of four in the Pinellas (f ampa Bay Metro)
area
The table above represents what families can afford in their monthly housing expenses,
based on their household income. The incomes are based on the "2005 Tampa-St.
Petersburg-Clearwater Metropolitan Statistical Area (MSA)" Income Levels, which is
$52,150.
Households that are paying more than 30 percent are said to be "cost burdened" (i.e., paying
too much for housing expenses). Some households are paying between 40 percent and 50
percent of their income just to find a decent place to live, which leaves little for life's other
expenses, such as utilities, food, insurance, etc.
.
First Program Year Action Plan(07.13.0S) 9
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City of Clearwater
Rapidly rising housing prices are quickly pricing many low to moderate income families out
of the market and this priority has come in response to market conditions. Market forces
have also increased the need for high-quality affordable rental housing, both through the
construction of new complexes, and the rehabilitation of small older complexes.
.
Because the market has significantly increased the collective equity most homeowners have
in their houses, the City has lowered its owner-occupied rehabilitation programs to a
medium priority in expectations that home owners will have increased access to private
sector capital markets for home repairs.
Homeless:
The City is a member of the Pinellas County Homeless Coalition, which is the lead agency
for the Continuum of Care. The City supports the Coalition and the priorities established in
this Plan match those of the Continuum of Care.
The highest homeless priority is given to ending chronic homelessness, families with
children, providing shelters and transitional housing, and the "Housing First" model of
providing housing to homeless populations. The City can utilize CDBG /HOME/SHIP
funds to support additional shelters/housing and some of the service providers utilize
CDBG and ESG monies for service delivery.
Non-Homeless Special Needs Population:
The City has given the non-homeless special needs populations (who require supportive
facilities/housing) a medium priority and intends to continue to support activities in this
area. Within this group the elderly are being given the highest priority.
.
Community Development:
The City will continue to place its highest priority on the holistic physical revitalization of its
older low-income neighborhoods and commercial areas. These activities include physical
improvements such as roads, storm drainage, water & sewer, sidewalks and landscaping;
public facilities such as parks, recreation areas, senior centers, community centers and public
safety facilities; along with commercial fa<;ade improvements, neighborhood clean-ups, code
enforcement, the demolition of unsafe structures and historic preservation.
.
First Program Year Action Plan(07.13.0S) 10
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City of Clearwater
. 91.215 (a) 3. PROPSED ACTIONS FOR NEXT YEAR:
The City will fund the proposed activities in its FY2005-2006 Program Year:
LIST OF PROPOSED ACTmTIES
Housing Rehabilitation
City of Clearwater Rehabilitation Program $ 497,836.25
City of Clearwater Program Delivery Costs $ 100,000.00
Program Administration
Community Development Block Grant Program $ 240,097.00
HOME Investment Partnership Program $ 57,711.50
State Housing Initiatives Partnership Program $ 92,010.50
Gulf Coast Legal Services - Fair Housing Program $ 15,900.00
Clearance and Demolition
City of Clearwater Demolition Program $ 30,000.00
Relocation
. City of Clearwater Relocation Program $ 20,000.00
Economic Development
City of Clearwater ED - Program Delivery $ 30,000.00
Public Services
Partners in Self Sufficiency, Inc. - FSS $ 30,000.00
Pinellas Opportunity Council - Chore Services $ 30,000.00
Homeless Emergency Project - Emergency Shelter $ 17,500.00
Clearwater Homeless Intervention Project - Emergency Shelter $ 30,000.00
WestCare of Florida, Inc. - Turning Point $ 20,000.00
YWCA of Tampa Bay - Hispanic Outreach $ 12,000.00
Gulf Coast Jewish Family Services - Disable & Frail Elderly $ 6,563.60
Personal Enrichment Through Mental Health Services - Emerg. Treatment Ctr $ 6,000.00
Kimberly Home, Inc. - Infant & Toddler Care $ 9,934.40
Public Facilities and Improvements
Homeless Emergency Project, Inc. - Kitchen & Dining Hall $ 75,000.00
Religious Community Services - The Haven $ 41,250.00
.
First Program Year Action Plan(07.13.0S) 11
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City of Clearwater
City Pro;ects 105,740.00 .
East Gateway Area - Public Infrastructure/Facility Project - City Project $
Acquisition/Infill Housing - SF /MF
Acquisition of Real Property - City Project $ 100,000.00
Housing Education Pool $ 75,000.00
Tampa Bay CDC - Homeownership Counseling Program
Tampa Bay CDC - Dream of Homeownership Counseling Program
Community Service Foundation - Partnership To Ownership Program
Community Service Foundation - Homebuyer Education Program
Clearwater Neighborhood Housing Service - Housing Education Program
Lighthouse Credit Foundation
Foreclosure Prevention Program $ 25,000.00
Housing Pool- SF/MF - DPA, I~ Rehabilitation, New Construction $ 713,094.50
- Tampa Bay Community Development Corporation
- Largo Area Housing Development Corporation
- Clearwater Neighborhood Housing Services, Inc.
- Homes for Independence, Inc. .
- Community Service Foundation, Inc.
- Pinellas Habitat for Humanity
Housing Infill Program Delivery $ 10,000.00
Homeless Activities $ 400,000.00
HOME Program - CHDO Set-Aside (15% of Allocation) $ 86,567.25
TOTAL ESTIMATED FUNDING $ 2,877,205.00
.
First Program Year Action Plan(07.13.0S) 12
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City of Clearwater
.
Managing the Process
1. Identify the lead agency, entity, and agencies responsible for administering programs
covered by the consolidated plan.
2. Identify the significant aspects of the process by which the plan was developed, and the
agencies, groups, organizations, and others who participated in the process.
3. Describe actions that will take place during the next year to enhance coordination between
public and private housing, health, and social service agencies.
Program Year 1 Action Plan Managing the Process response:
91.200 (b) 1. LEAD AGENCY:
The lead agency for this Plan is the City's Economic Development and Housing Department
- Housing Division. This department administers the federal and state grant programs
covered by this Plan.
91.200 (b) 2. PLAN DEVELOPMENT PROCESS:
The City held a public hearing to report on its program progress and to solicit housing and
community development needs, consulted with its housing and social service providers on
community needs, assessed its neighborhoods, consulted its departments and analyzed its
housing market and affordable housing needs.
The Draft Consolidated Plan was then advertised and made available for review for a thirty-
day public comment period. The Plan was then approved by the City's Neighborhood and
Affordable Housing Advisory Committee and City Council.
.
91.200 (b) 3. CONSULTATIONS
Consultation is an ongoing process for departmental staff; they maintain a finger on the
pulse of housing and community development issues and needs through the following
means:
1) Membership in local and state organizations.
2) Participation by City staff on boards, committees and agencies.
3) Discussions at committees supported by the City:
4) Technical assistance to agencies and other entities.
5) Working with local lenders on Community Reinvestment Act commitments and
requirements.
6) Participation in public forums.
7) Holding public hearings.
9) Preparation of documents; flyers and brochures regarding specific programs.
10) Special studies.
.
During the Plan's preparation, letters and a survey form on community needs were sent to
approximately one hundred and seventeen (117) non-profit housing and social service
agencies the City works with to seek their input. A total of forty (40) surveys were returned.
The City consulted with Pinellas County and its own departments on community
development needs. The City is a member of the Pinellas County Homeless Coalition and
supports the regional Continuum of Care and is represented on the Pinellas County
Homeless Policy Group (HPG). The HPG is charged with the development of a
countywide 10- Y ear Plan to End Homelessness. The plan is anticipated to be completed by
the end of 2005 and begin being implemented in 2006.
First Program Year Action Plan(07.13.0S) 13
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City of Clearwater
Citizen Participation
1. Provide a summary of the citizen participation process.
2. Provide a summary of citizen comments or views on the plan.
3. Provide a summary of efforts made to broaden public participation in the development of
the consolidated plan, including outreach to minorities and non-English speaking persons,
as well as persons with disabilities.
4. Provide a written explanation of comments not accepted and the reasons why
these comments were not accepted.
*Please note that Citizen Comments and Responses may be included as additional files within the
CPMP Tool.
Program Year 1 Action Plan Citizen Participation response:
91.200 (b) 1. CITIZEN PARTICIPATION PROCESS:
The City of Clearwater has adopted a Citizen Participation Plan (and Anti-Displacement
Plan) that meets all HUD regulations. It is included in the Appendix.
.
The City held a public hearing to report on the current status of its programs and solicit
public input on housing and community development needs. The Draft Consolidated Plan
was made available for a thirty-day public review and comment period. The City responded
to all written comments received. (See Appendix)
The Draft Consolidated Plan is scheduled to be approved by the Neighborhood and
Mfordable Housing Advisory Board on July 19, 2005 and City Council on August 4, 2005.
91.200 (b) 2. CITIZEN COMMENTS:
The City received a number of comments from the community and its non-profit social
service providers via the survey instrument. These comments centered around the adverse
impacts the rapidly rising housing prices and land values are having on their collective ability
to provide affordable housing, not only for low income households, but for transitional and
supportive housing for a variety of special needs populations.
.
The comments also spotlighted the need for more holistic self-sufficiency programs for low
income residents.
91.200. (b) 3. EFFORTS MADE TO BROADEN PUBUC PARTICIPATION:
The City maintains ongoing contacts with all its housing, homeless and community
development partners. A total of 117 survey forms were mailed to all the City's non-profit
housing and social service providers. A total of forty (40) were returned.
In order to broaden the public participation process the City also advertised its meetings on
the City's Web Site also provides complete information on all the City's economic, housing
and community development programs. The Housing Division's web site also contains a
wealth of Housing and Community Development related information.
91.200 (b) 4. COMMENTS NOT ACCEPTED
The City did not receive any comments that were not accepted. The City responded to all
written comments received. (See Appendix)
.
First Program Year Action Plan(07.13.0S) 14
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City of Clearwater
.
Institutional Structure
1. Describe actions that will take place during the next year to develop institutional structure.
Program Year 1 Action Plan Institutional Structure response:
During the Coming year the City will continue to work with its existing institutional
structure of housing and service providers to make small, continuous improvements to the
process and continue to solicit input from all organizations involved in the process.
Monitoring
1. Describe actions that will take place during the next year to monitor its housing and
community development projects and ensure long-term compliance with program
requirements and comprehensive planning requirements.
Program Year 1 Action Plan Monitoring response:
91.230 1. MONITORING
All subrecipients will receive federal and local regulations relating to their specific activity,
along with an explanation as to how these apply to the 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 and all pre-construction conferences are attended by department staff. Documentation
submitted with reimbursement requests is reviewed for compliance with applicable
regulations and measurable objectives prior to issuing funds.
. On-site monitoring of selected subrecipients will be scheduled and completed annually by
the Accounting and Contracts Manager and/or the Project Manager. A checklist will be
completed and reviewed to insure all aspects of the activity are carried out in accordance
with applicable regulations. A follow-up letter will be sent to the subrecipient stating the
outcome of the monitoring visit.
In addition to the above documentation, any subrecipient determined to be in need of
and/ or requesting additional training on how to meet grantee and federal requirements will
receive technical assistance in the form deemed most appropriate to the circumstances by
the Accounting and Contracts Manager, Project Manager, or Housing Manager. Additional
technical assistance, if needed or requested, will be given at the time of the annual
monitoring.
HOME: Monitoring will be carried out in accordance with federal regulations to insure
compliance with all HOME requirements. Each subrecipient will be monitored on site to
verify that:
.
· The minimum percent requirement for HOME assisted units is being met under
the contract.
. Eligible tenant occupancy meets the minimum percent requirement for HOME
assisted units under the guidelines.
· Contractual requirements regarding concentration of HOME units and special
treatment of HOME tenants are being adhered to.
First Program Year Action Plan(07.13.0S) 15
Version 1.3
City of Clearwater
· The Waiting List procedures are in compliance with the grant covenants.
. The Equal Housing Provisions of the contract are being adhered to.
. The MBE and WBE provisions of the contract are being adhered to.
· The Ho.ME assisted units meet housing quality standards, and on-site files will be
reviewed for the following information:
o Current, signed lease.
o Verify tenant's signature to an acceptable form of identification.
o Verify monthly rent is in compliance.
o Verify tenant's income is supported by file documentation.
o Verify annual recertification was performed in a timely fashion and m
compliance with contract provisions.
.
Lead-based Paint
1. Describe the actions that will take place during the next year to evaluate and reduce the
number of housing units containing lead-based paint hazards in order to increase the
inventory of lead-safe housing available to extremely low-income, low-income, and
moderate-income families.
Program Year 1 Action Plan Lead-based Paint response:
During the coming year the County Health Department will continue to screen and test
school children for lead poisoning. The City will continue to test all buildings built before
1978 for lead-based paint in all its housing programs.
Lead-Based Paint Hazard Reduction - The City follows procedures as specified in
applicable regulations and, specifically, those detailed in Title X. The Department and its
representatives provide all required notifications to owners and occupants and inspect for
defective paint surfaces of pre-1978 properties. Any defective paint conditions found are
included in the scope of work and treatment provided to the defective areas. No children
under 7 years of age have been found to have identified Environmental Intervention Blood
Lead Level (EIBLL) condition; however, interior chewable surfaces are treated as necessary.
All Department policies and procedures have been revised to conform to Title X. A staff
member, EP A certified, orders and reviews paint inspections, risk assessments and clearance
testing of suspect properties done by licensed testing professionals.
.
In every program where Federal funds are expended on a housing unit, the City incorporates
the current procedures for hazard reduction or LBP abatement guidelines as defined in 24
CFR Part 35.
A problem that impacts the rehabilitation of owner-occupied housing units is the presence
of lead based paint if the home was built prior to 1978. The costs for the treatment or
removal of these conditions can go from minor costs for encapsulation to major costs for
removal. When a home is identified as a candidate for the City's Rehabilitation program,
and if it was built prior to 1978, it is inspected for lead in accordance to the rules of the
federal programs. Should lead hazards be found, the City will discuss the options with the
homeowner to eradicate the lead presence. The City may provide up to a $10,000 grant for
lead abatement.
.
First Program Year Action Plan(07.13.0S) 16
Version 1.3
.
.
.
City of Clearwater
The City works closely with the North Greenwood Community Health Resource Center and
the Pinellas County Health Department in referring children for lead-based paint screenings.
The City has recently done some extensive research to obtain some educational and outreach
materials pertaining to lead-based paint. We have put many brochures, education materials
and useful links that we have found on our website for citizens to obtain and read.
First Program Year Action Plan(07.13.0S) 17
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City of Clearwater
"'$%0 '" " ~ ~ ;; '" ,;; ~ ,,0<$ x
IIBIIIII "
",,;u ~ , so %
.
Specific Housing Objectives
*Please also refer to the Housing Needs Table in the Needs.xls workbook.
1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the
next year.
2. Describe how Federal, State, and local public and private sector resources that are
reasonably expected to be available will be used to address identified needs for the period
covered by this Action Plan.
Program Year 1 Action Plan Specific Objectives response:
1. PRIORITIES AND SPECIFIC HOUSING OBJECTIVES FOR FY2005:
The City will accomplish the following specific housing objectives in the coming year:
Acquisition of Property for Infill Housing
Housing Rehabilitation
Housing Development
CHDO Set-aside
Demolition of Unsafe Structures
$100,000
$597,836
$713,095
$ 86,587
$ 30,000
4 Lots
15 Units
30 Units
3 Units
3 Units
In terms of Housing Education and Counseling, the City will allocated $75,000 in funding
through the State Housing Initiatives Partnership (SHIP) Program. The City, through its
partners, will offer budgeting, fmancial management, and homeownership counseling in an
effort to assist the very-low to moderate income underserved to becoming financially
sufficient to purchase and maintain a home.
.
The organizations that will be providing Housing Education during the next fiscal year
include:
.
Tampa Bay Community Development Corporation
Community Service Foundation
Clearwater Neighborhood Housing Services
Lighthouse Credit Foundation
.
.
.
In terms of Foreclosure Prevention, the City has allocated $25,000 to assist households who
have been previously assisted with City of Clearwater SHIP, HOME or CDBG funds in
order to prevent foreclosure. The City will provide funds only one time to bring a
household current with their existing first mortgage, up to a maximum of six (6) payments or
the maximum allowable subsidy under this strategy. The household must have been assisted
with City of Clearwater SHIP, HOME and/or CDBG funds within the past five (5) years
and in order to provide assistance to bring current, must be very-low, low or moderate
income at the time the Foreclosure Prevention assisted is provided. The amount of the
assistance will be added to the borrower's existing City of Clearwater loan through a
modification of mortgage note. The household must commit to enroll in a credit
counseling/budgeting course offered by an approved local provider.
.
First Program Year Action Plan(07.13.0S) 18
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.
.
.
City of Clearwater
Assistance will only be provided where a valid (documented) hardship exists that is the cause
for the delinquency on their first mortgage payments. Such examples of hardship include,
but not limited to:
. Loss of Employment, through no fault ofborrower(s)
. Substantial Decrease in Household Income, through no fault ofborrower(s)
. Death of Spouse
. Temporary or Permanent Disability that Reduces Income
. Recent Divorce that Reduces Income
. Natural Disaster
. Fire
The funds will be made available to our housing sub recipients through a housing pool,
which is based on a first-come, first-serve, and first-eligible basis. Through the Housing
Pool participating organizations can provide down payment assistance, request funds for
new construction and/or funds for acquisition/rehabilitation activities.
Fair Housing
The City is currently collaborating with the Cities of St. Petersburg and Largo, as well as
Pinellas County on the development of an updated Analysis of Impediments to Fair
Housing document. The four federal entitlement communities have retained a consultant to
assist with the development of the document and it is anticipated that it will be completed by
the end of this calendar year.
The City has also updated its Housing brochure and plans to make it available in Spanish.
The City has recently obtained several brochures that address "Responsible Lending",
"Predatory Lending" and "Fair Lending" and have put them up to the City's website (a copy
of the Housing Division's Web site is located in Appendix). We have also launched for the
City's Employees a "Home Buyer's Assistance" (HBA) program that is available through our
intranet. The HBA program has a wealth of information to educate a person on the home
buying and fmancing process. Employees can even apply via online for a loan and get the
results back within minutes. They can also use the approval to shop around to get the best
competitive rate. The City strongly believes that an educated home buyer, is a smart home
buyer.
Gulf Coast Legal Services will also provide services to assist housing preservation activities.
Their Housing Preservation program will provide assistance to low to moderate income
residents who are experiencing or who have experienced discrimination and/or fraud in
housing and to remedy those matters through negotiation, mediation or litigation and to
report violators to the local Fair Housing Authority for investigation if warranted.
As mentioned above in the "Underserved Needs" section, the YWCA Hispanic Outreach
Center also offers outreach for persons who would not normally be served by the City's
housing programs. The Center provides a range of services to the Hispanic community.
First Program Year Action Plan(07.13.0S) 19
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City of Clearwater
According to the 2000 Census the Hispanic population in Clearwater is officially at 9%, but
unofficially estimates now indicate the number is approximately 20-25%.
.
In an effort to conduct more outreach to those Areas of Minority Concentrations (AOMC)
the City will continue to explore avenues to address the housing and community
development needs of AMOCs and develop/obtain marketing-education materials for those
populations.
2. HOW FEDERAL AND STATE FUNDS WILL BE USED:
The City will utilize CDBG, HOME and State SHIP affordable housing funds will be
utilized to implement these projects.
Needs of Public Housing
1. Describe the manner in which the plan of the jurisdiction will help address the needs of
public housing and activities it will undertake during the next year to encourage public
housing residents to become more involved in management and participate in
homeownership.
2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing
poorly, the jurisdiction shall describe the manner in which it will provide financial or other
assistance in improving its operations to remove such designation during the next year.
Program Year 1 Action Plan Public Housing Strategy response:
1. PARTICIPATION WITH THE PUBUC HOUSING AUTHORITY.
The Clearwater Housing Authority (CHA) has in place an ongoing management program to
involve residents in its operations. Residents are eligible for all of the City's affordable
housing programs. The City is currently partnering with CHA on the redevelopment of
their Jasmine Courts community in East Clearwater. CHA is planning on demolishing the
current development made up of old outdated multifamily structures and constructing 204
rental units of mixed-income/mix-use development in the first phase. The ftrst phase of this
project should be underway during FY2005-2006. The second phase of the development
will involve the development of 60 single family residences.
.
2. PUBLIC HOUSING AUTHORITY PERFORMANCE
The City's Public Housing Authority is not listed as troubled by HUD.
.
First Program Year Action Plan(07.13.0S) 20
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City of Clearwater
.
Barriers to Affordable Housing
1. Describe the actions that will take place during the next year to remove barriers to
affordable housing.
Program Year 1 Action Plan Barriers to Affordable Housing
response:
1. BARRIERS TO AFFORDABLE HOUSING
The City has completed its State Mandated Regulatory Reduction Review.
.
HOMEI American Dream Down payment Initiative (ADDI)
1. Describe other forms of investment not described in 9 92.205(b).
2. If the participating jurisdiction (Pl) will use HOME or ADDI funds for
homebuyers, it must state the guidelines for resale or recapture, as required
in 9 92.254 of the HOME rule.
3. If the Pl will use HOME funds to refinance existing debt secured by
multifamily housing that is that is being rehabilitated with HOME funds, it
must state its refinandng guidelines required under 9 92.206(b). The
guidelines shall describe the conditions under which the Pl will refinance
existing debt. At a minimum these guidelines must:
a. Demonstrate that rehabilitation is the primary eligible activity and ensure
that this requirement is met by establishing a minimum level of
rehabilitation per unit or a required ratio between rehabilitation and
refinancing.
b. Require a review of management practices to demonstrate that
disinvestments in the property has not occurred; that the long-term needs
of the project can be met; and that the feasibility of serving the targeted
population over an extended affordability period can be demonstrated.
c. State whether the new investment is being made to maintain current
affordable units, create additional affordable units, or both.
d. Spedfy the required period of affordability, whether it is the minimum 15
years or longer.
e. Specify whether the investment of HOME funds may be jurisdiction-wide
or limited to a speCific geographic area, such as a neighborhood identified
in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a
Federally designated Empowerment Zone or Enterprise Community.
f. State that HOME funds cannot be used to refinance multifamily loans
made or insured by any federal program, including CDBG.
4. If the Pl is going to receive American Dream Down payment Initiative (ADDI)
funds, please complete the following narratives:
a. Describe the planned use of the ADD! funds.
b. Describe the PJ's plan for conducting targeted outreach to residents and
tenants of publiC housing and manufactured housing and to other families
assisted by public housing agencies, for the purposes of ensuring that the
ADDI funds are used to provide down payment assistance for such
residents, tenants, and families.
c. Describe the actions to be taken to ensure the suitability of families
receiving ADDI funds to undertake and maintain homeownership, such as
provision of housing counseling to homebuyers.
.
First Program Year Action Plan(07.13.0S) 21
Version 1.3
City of Clearwater
Program Year 1 Action Plan HOMEI ADDI response:
.
The funds set aside for homeowner rehabilitation will be used to rehabilitate up to ten (10)
homes. HOME funds in the amount up to $10,000 may be provided to homeowners for
emergency repairs, if their income is at or below 80% of Area Median Income (AMI). The
funds will be provided as a loan in most cases, but at times under certain conditions a grant
may be used.
In the City's Homeowner Rehabilitation program, the City will make loans to homeowners
of up to 50% of the value of their home, but in no case shall it exceed $75,000. The average
rehabilitation assistance is in the range between $30,000 - $40,000. The loan may be a
deferred payment loan for homeowners whose income is less than 80% of AMI, and it will
be payment-type loan for homeowners whose income are above 80% of AMI. For
households above 80% AMI the City will use our SHIP funds. All loans will include a
recapture provision should the homeowner sell, rent, and/or transfer the property within its
affordability period. For loans that use HOME funds, the City will attach to the mortgage
document a "Restrictive Covenant" outlining the requirements of the HOME funds. A
copy of the Restrictive Covenant is included in the Appendix. The City will typically
recapture the entire amount of the investment less any amount the homeowner has repaid.
Funds set aside for new construction and acquisition through the Housing Pool will be made
to homeowners whose income is less than 120% of area median income (at or below 80%
for HOME). In most cases the funds will be provided as a deferred payment loan until the
home closes and the new owner obtains permanent financing. At that point the developer
shall repay the City for the entire amount of the investment, less any funds left-behind for
down payment and closing cost assistance. If the non-profit developer is a Community
Housing Development Organization (CHDO), the City may allow them to retain the
proceeds from the sale of the home to be used for future HOME eligible activities. The City
will include the applicable recapture language/Restrictive Covenants in all loan documents
using HOME funds.
.
Lastly, we have allocated $150,000 for the costs associated with the development of
additional homeless housing activities.
The City continues to the CHDO funds to help build capacity in our housing non-profits
and to assist with many predevelopment type expenses for the proposed developments that
those organizations are pursuing.
Funds made available to homebuyers of new or existing homes for down payment and
dosing cost assistance will be deferred as long as the homeowner obtains title and resides in
the home and does not rent, sell or transfer title. A recapture provision will be included in
the loan where the homeowner will repay the entire amount of the City subsidy/investment.
Funding for the rental housing rehabilitation/new construction program has been set aside
for future projects that will be identified during the reporting period. The type of financing
has yet to be determined along with the type of recapture provision. They will be made on
case-by-case basis.
.
First Program Year Action Plan(07.13.0S) 22
Version 1.3
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.
.
City of Clearwater
Currently the City has provided $445,000 in HOME and SHIP funds to Mt. Carmel
Community Development Corporation to develop an 8 unit elderly rental-housing
community in the North Greenwood Strategy Area. The project is in the anticipated to
break ground during FY05-06. Project economics will determine what type of loan the City
provides to the development. The project will include a recapture provision for the amount
of City's investment.
A HOME Community Housing Development Organization (CHDO) has yet to be
determined for the upcoming fiscal year, therefore the type of project/activity is "unknown".
A total of $86,567 will be set-aside for CHDO activities (15% of HOME allocation)
First Program Year Action Plan(07.13.0S) 23
Version 1.3
City of Clearwater
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Specific Homeless Prevention Elements
*Please also refer to the Homeless Needs Table in the Needs.xls workbook.
1. Sources of Funds-Identify the private and public resources that the jurisdiction expects to
receive during the next year to address homeless needs and to prevent homelessness.
These include the McKinney-Vento Homeless Assistance Act programs, other special
federal, state and local and private funds targeted to homeless individuals and families
with children, especially the chronically homeless, the HUD formula programs, and any
publicly-owned land or property. Please describe, briefly, the jurisdiction's plan for the
investment and use of funds directed toward homelessness.
2. Homelessness-In a narrative, describe how the action plan will address the specific
objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also
identify potential obstacles to completing these action steps.
3. Chronic homelessness- The jurisdiction must describe the specific planned action steps it
will take over the next year aimed at eliminating chronic homelessness by 2012. Again,
please identify barriers to achieving this.
4. Homelessness Prevention-The jurisdiction must describe its planned action steps over the
next year to address the individual and families with children at imminent risk of becoming
homeless.
5. Discharge Coordination Policy-Explain planned activities to implement a cohesive,
community-wide Discharge Coordination Policy, and how, in the coming year, the
community will move toward such a policy.
Program Year 1 Action Plan Special Needs response:
.
The City of Clearwater is a member of the Pinellas County Homeless coalition, which is the
Lead Agency for the countywide Continuum of Care. The City supports the Homeless
priorities established in the Continuum. The City is also represented on the Pinellas County
Homeless Policy Group, which is the group that will be developing the countywide "10-Year
Plan to End Homelessness". The plan is anticipated to be completed by the end of 2005.
1. SOURCE OF FUNDS
The City of Clearwater does not receive Emergency Shelter Grant (ESG) funds from HUD.
2. SPECIFIC ACCOMPliSHMENTS TO BE MADE THIS YEAR
The City will carry out the following specific activities:
· Homeless and Emergency Project Inc. kitchen/ dining hall
· Homeless and Emergency Project Inc. homeless services
· Religious Community Services shelter expansion
· CHIP homeless services
· East Gateway Homeless Activity(s) housing
$75,000
$17,500
$41,250
$30,000
$400,000
3. EliMINATING CHRONIC HOMELESSNESS
The City will continue to work with the Homeless Coalition to expand the number of
transitional shelters/permanent supportive housing. The City has allocated $400,000 for the
construction of additional housing for the homeless. The City will also work closely with the
Homeless Coalition, other federal entitlement communities, and all other affected
.
First Program Year Action Plan(07.13.0S) 24
Version 1.3
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.
.
City of Clearwater
organizations and entities, as the county 10- Y ear Plan starts begins to be implemented in
2006.
4. HOMELESS PREVENTION
In 2005, there were 41,040 low income households (Shimbetg, Center- University ofPlorida) in
Pinellas County paying over 50% of their income to live in the County. This group has the
highest potential of becoming homeless. As the Continuum of Care Service Activity Chart
displays, the Homeless Coalition provides financial aid and counseling services through a
variety of agencies to families and individuals in danger of becoming homeless.
5. DISCHARGE COORDINATION POliCY
The Pinellas County Coalition for the Homeless (pCCH) works with state and local law
enforcement officials to reintegrate persons leaving public institutions.
These include the Pinellas County Sheriff Department's project Operation PAR, which
allows ex-inmates to receive substance abuse treatment; and the state's Inmate Participation
& Accountability Program for Community Transition (IMP AC1). The PCCH also provides
a focused outreach program to reach these individuals.
Collectively, these agencies also participate in the pre-booking intervention programs, for
persons with mental health and/or substance problems and juvenile offenders.
Emergency Shelter Grants (ESG)
(States only) Describe the process for awarding grants to State recipients, and a description
of how the allocation will be made available to units of local government.
Program Year 1 Action Plan ESG response:
N.A.
First Program Year Action Plan(07.13.0S) 25
Version 1.3
City of Clearwater
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Community Development
*Please also refer to the Community Development Table in the Needs.xls workbook.
1. Identify the jurisdiction's priority non-housing community development needs eligible for
assistance by CDBG eligibility category specified in the Community Development Needs
Table (formerly Table 2B), public facilities, public improvements, public services and
economic development.
2. Identify specific long-term and short-term community development objectives (including
economic development activities that create jobs), developed in accordance with the
statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG
program to provide decent housing and a suitable living environment and expand
economic opportunities, principally for low- and moderate-income persons.
*Note: Each specific objective developed to address a priority need, must be identified by
number and contain proposed accomplishments, the time period (i.e., one, two, three, or
more years), and annual program year numeric goals the jurisdiction hopes to achieve in
quantitative terms, or in other measurable terms as identified and defined by the
jurisdiction.
Program Year 1 Action Plan Community Development response:
1. PRIORITY NON-HOUSING COMMUNITY DEVELOPMENT NEEDS
The City has established infrastructure improvements to the East Gateway Area of the
Community Redevelopment Area as its major priority.
.
2. SPECIFIC ACTmTIES TO BE UNDERTAKEN
The City will undertake the following activities this program year:
· Infrastructure Improvements - East Gateway Area
$105,740
Antipoverty Strategy
1. Describe the actions that will take place during the next year to reduce the number of
poverty level families.
Program Year 1 Action Plan Antipoverty Strategy response:
91.215 (h) 1. ANTIPOVERTY STRATEGY
Twelve Percent (20%) of the City's residents live in poverty, which matches the national
average.
The City of Clearwater participates in the Tampa Bqy Partnership, the regional economic
development agency and Enterprise Florida, the statewide economic development entity; and
has its own economic development program. The Tampa Bqy Partnership internationally
recruits companies to locate in the Tampa Bay region. They provide a full range of business
relocation assistance programs and utilize state and local incentive programs to help in this
process. There are also Small Business Development Centers at the Community College,
Business Incubators, and SBA Small Business Development Centers.
.
First Program Year Action Plan(07.13.0S) 26
Version 1.3
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.
.
City of Clearwater
This agency also works with a network of educational agencies to provide customized job
training programs for the business community. The area's Workforce Development Board
and Worknet also provide job training/employment skills to low-income residents.
The City of Clearwater also has its own economic development program, which is designed
to interface with the regional program and work on specific local issues. The City prepared
one of the first 'Brownfield' redevelopment plans in the state, has an Enterprise Zone and a
HUB Zone, which are all designed to spur redevelopment/reinvestment in its low-income
areas.
The City also has major redevelopment occurring along the US-19 and SR-60 corridors, in
downtown and out at the beach. There is a Main Street Program to assist downtown
merchants. The City also works closely with the Clearwater Chamber of Commerce with
providing technical assistance to business owners. All these programs have created new jobs
and opportunities in the City.
Collectively, these programs represent a highly effective anti-poverty program.
First Program Year Action Plan(07.13.0S) 27
Version 1.3
City of Clearwater
.
Non-homeless Special Needs (91.220 (e) and (e))
*Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook.
1. Describe the priorities and speclflc objectives the jurisdiction hopes to achieve for the
period covered by the Action Plan.
2. Describe how Federal, State, and local public and private sector resources that are
reasonably expected to be available will be used to address ldentlfled needs for the period
covered by this Action Plan.
Program Year 1: Action Plan Specific Objectives response:
1. PRIORITIES AND SPECIFIC ACl1VITIES
The City intends to undertake the following specific activities to assist its special needs
populations.
· Partners in Self-Sufficiency
· Pinellas Opportunity Council
· Westcare of Florida
· YMCA of Tampa Bay
· Jewish Family Services
· Mental Health Services
· Kimberly Home
Counseling
Senior Chore Services
Turning Point
Hispanic Outreach
Disabled & Frail Elderly
Emergency Treatment
Pre-School Child Care
$30,000
$30,000
$20,000
$12,000
$ 6.564
$ 6,000
$ 9.934
.
2. HOW RESOURCES WILL BE UTIUZED
The City will utilize CDBG funds to fund these activities which will leverage existing
community resources.
Housing Opportunities for People with AIDS
*Please also refer to the HOPWA Table in the Needs.xls workbook.
1. Provide a Brief description of the organization, the area of service, the name of the
program contacts, and a broad overview of the range/ type of housing activities to be
done during the next year.
2. Report on the actions taken during the year that addressed the special needs of persons
who are not homeless but require supportive housing, and assistance for persons who are
homeless.
3. Evaluate the progress in meeting its specific objective of providing affordable housing,
including a comparison of actual outputs and outcomes to proposed goals and progress
made on the other planned actions indicated in the strategic and action plans. The
evaluation can address any related program adjustments or future plans.
4. Report on the accomplishments under the annual HOPWA output goals for the number of
households assisted during the year in: (1) short-term rent, mortgage and utility
payments to avoid homelessness; (2) rental assistance programs; and (3) in housing
facilities, such as community residences and SRO dwellings, where funds are used to
develop and/or operate these facilities. Include any assessment of client outcomes for
achieving housing stability, reduced risks of homelessness and improved access to care.
5. Report on the use of committed leveraging from other public and private resources that
helped to address needs identified in the plan.
6. Provide an analysis of the extent to which HOPWA funds were distributed among different
.
First Program Year Action Plan(07.13.0S) 28
Version 1.3
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.
.
City of Clearwater
categories of housing needs consistent with the geographic distribution plans identified in
its approved Consolidated Plan.
7. Describe any barriers (including non-regulatory) encountered, actions in response to
barriers, and recommendations for program improvement.
8. Please describe the expected trends facing the community in meeting the needs of persons
living with HIV/AIDS and provide additional information regarding the administration of
services to people with HIV/AIDS.
9. Please note any evaluations, studies or other assessments that will be conducted on the
local HOPWA program during the next year.
Program Year 1: Action Plan HOPWA response:
N.A
Specific HOPW A Objectives
Describe how Federal, State, and local public and private sector resources that are reasonably
expected to be available will be used to address identified needs for the period covered by the
Action Plan.
Program Year 1: Specific HOPWA Objectives response:
N.A.
, "
~t;tll1aF l\Ianrat1i~e
, ,
Include any Action Plan information that was not covered by a narrative in any other
section.
First Program Year Action Plan(07.13.0S) 29
Version 1.3
.
CITY of CLEARWATER
FY200S-2010
CONSOLIDATED PLANNING DOCUMENT
APPENDIX
.
· Certifications
· Glossary
· Neighborhood Revitalization Strategy
· SHIP FY03-06 Local Housing Assistance Plan
· Written Comments
· Responses to Written Comments
· Community Survey Forms
· Minutes of Public Meetings
· Public Notices
· Citizen's Participation (and Anti-Displacement) Plan
· Needs Tables
.
.-!
.
CITY of CLEARWATER
FY200S-2010
CONSOLIDATED PLANNING DOCUMENT
FY05-06 Proposed Projects (HUD Format)
.
.
FY 2005-06 CONSOLIDATED ACTION PLAN - RECOMMENDED ALLOCATIONS
7/19/200511:58
.vp
AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT
REQUESTED PROPOSED PROPOSED PROPOSED RECOMMENDED
TOTAL CDBG HOME SHIP TOTAL
air Housing - Administration
Gulf Coast Legal Services $ 15,900.00 $ 15,900.00 $ 15,900.00
$ .
Subtotal $ 15,900.00 $ 15,900.00 $ . $ - $ 15,900.00
Public Facilities and Improvements
$ -
Homeless Emergency Project, Inc. - Kitchen & Dining Hall $ 100,000.00 $ 75,000.00 $ 75,000.00
Religious Community Services, Inc. - The Havens $ 55.000.00 $ 41,250.00 $ 41,250.00
Religious Community Services, Inc. - Food Pantry Improvements $ 250,000.00 $ -
Directions for Mental HeaKh. Inc. - Center Improvements $ 46,000.00 $ .
Gateway Area - Public Infrastructure Project - City Project $ 105,740.00 $ 105,740.00
Subtotal $ 451,000.00 $ 221,990.00 $ . $ - $ 221,990.00
Public Services
Partners in Self Sufficiency, Inc. - FSS $ 50,000.00 $ 30,000.00 $ 30,000.00
Pinellas Opportunity Council - Chore Services $ 74,000.00 $ 30.000.00 $ 30,000.00
Homeless Emergency Project - Emergency Shelter $ 35,000.00 $ 17.500.00 $ 17,500.00
Clearwater Homeless Intervention Project - Emergency Shelter $ 60,000.00 $ 30,000.00 $ 30,000.00
WestCare of Florida, Inc. - Tuming Point $ 50,000.00 $ 20,000.00 $ 20,000.00
YWCA of Tampa Bay - Hispanic Outreach $ 30,000.00 $ 12.000.00 $ 12,000.00
Gulf Coast Jewish Family Services - Disabled & Frail Elderly $ 16,409.00 $ 6,563.60 $ 6,563.60
Personal Enrichment Through Mental Health Services - Emerg. Treatment Ctr $ 15,000.00 $ 6,000.00 $ 6,000.00
Kimberly Home, Inc. . Infant & Toddler Care $ 30,000.00 $ 9,934.40 $ 9,934.40
Directions for Mental HeaKh - Child Development Community Policy $ 18,000.00 $ .
Community Pride Child Care Center $ 10,890.00 $ .
Clearwater Neighborhood Housing Services, Inc.- Make a Difference Cntr. $ 25,000.00 $ .
earwater Boys & Girts Club, Inc. . Kunga Program/Education $ 30,000.00 $ -
arwaterCommunity Based Development Org. & LTI (CBDO) $ 40,000.00 $ -
amily Resources, Inc. - Safe Place 2B $ 7,023.00 $ -
L1SC - L1SC Program Service $ 36,950.00 $ .
$ -
(AMOUNT AVAILABLE = $161.998 -15% ofCDBG Allocation) $ -
Subtotal $ 528,272.00 $ 161,998.00 $ - $ - $ 161,998.00
Administration
City of Clearwater Administration $ 240,097.00 $ 57,711.50 $ 92,010.50 $ 389,819.00
City of Clearwater - ED Program Delivery $ 30,000.00 $ 30,000.00
Subtotal $ - $ 270,097.00 $ 57,711.50 $ 92,010.50 $ 419,819.00
ACQuisltionnnflll Housing
Acquisition of Real Property (City Project) $ 100,000.00 $ 100,000.00
City of Clearwater lnfill Housing Program Delivery $ 10,000.00 $ 10,000.00
Subtotal $ - $ 110,000.00 $ - $ - $ 110,000.00
Rehabilitation
City of Clearwater & Housing Pool. Rehabilitation $ 100,000.00 $ 97,836.25 $ 300,000.00 $ 497,836.25
City of Clearwater Rehabilitation - Program Delivery $ 100.000.00 $ 100,000.00
Subtotal $ - $ 200.000.00 $ 97,836.25 $ 300,000.00 $ 597,836.25
Relocation
City of Clearwater Relocation ProQram $ 20,000.00 $ 20,000.00
Subtotal $ - $ 20,000.00 $ . $ . $ 20,000.00
Demolition
$ .
City of Clearwater Demolition Program $ 30,000.00 $ 30,000.00
ubtotal $ - $ 30,000.00 $ - $ - $ 30,000.00
FY 2005-06 CONSOLIDATED ACTION PLAN - RECOMMENDED ALLOCATIONS
7/19/200511;58
.vp
AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT
REQUESTED PROPOSED PROPOSED PROPOSED RECOMMENDED
TOTAL CDBG HOME SHIP TOTAL
HOUSING
Education Pool
Total Allocation to Education Pool $ 75,000.00 $ 75,000.00
Tamoa Bay CDC. Homeownership Counseling Prog.
Tampa Bay COC . Dream of Homeownership Counseling Prog.
Community Service Foundation - Partnership To Ownership Program $ 6,000.00
Community Service Foundation. Homebuyer Education Program $ 8,200.00
Clearwater Neighborhood Housing Service. Housing Education Program $ 22,750.00
Lighthouse Credit Foundation $ 20,833.00
Foreclosure Prevention $ 25,000.00 $ 25,000.00
Subtotal $ 57,783.00 $ . $ - $ 100,000.00 $ 100.000.00
Houslna Pool Activities. Houslna Development
(Eligible Participants and/or City)
Housino Pool. SF & MF - DPA. Infill. Acauisition. Rehabilitation, New Const. $ 185,000.00 $ 528,094.50 $ 713,094.50
- Tampa Bay Community Development Corporation
. Largo Area Housing Development Corporation
. Clearwater Neighborhood Housing Services, Inc.
. Homes for Independence, Inc.
. Community Service Foundation, Inc.
. Pinellas Habitat for Humanity
$ -
Subtotal $ . $ - $ 185,000.00 $ 528,094.50 $ 713,094.50
Homeless Activities
- Gateway.Area - Acquisition, Transitional, Shelter, Etc. $ 250,000.00 $ 150,000.00 $ 400,000.00
$ -
Subtotal $ . $ 250,000.00 $ 150,000.00 $ - $ 400,000.00
HOME Proaram . CHDO Set-Aside 115% of Allocation} $ 86,567.25 $ 86,567.25
TOTALS $ 1,052,955.00 $ 1,279,985.00 $ 577,115.00 $ 1,020,105.00 $ 2,877,205.00
. Includes prooram Income Estimates. These amounts are based on current Amt. Available. $ 1,279,985.00 $ 577 .115.00 $ 1.020,105.00
year allocations and are SUbject to chanae. Bal. Remainina $ . $ . $ -
Total Estimated Funding. $ 2.877,205.00
.
.
.
Grantee Name: City of Clearwater
CPMP Version 1.3
Project Name: Reli ious Communi Services Inc. - Havens
Description: IDIS Project #: UOG Code: FL120492 CLEARWATER
Transitional Uvlng fadlity emergency repairs.
.
Location:
Non-Disclosed.
Expected Completion Date:
9/30/2006
National Objective Codes:
o Help the Homeless
o Help Persons with HIV / AIDS
o Help Persons with Disabilities
o Address Public Housing Needs
.
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to reduce the amount of homelessness occuring due to domestic
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CPMP
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CPMP Version 1.3
Grantee Name: City of Clearwater
.
Project Name: 1G.~tewayAt~a;Plibfjc.rlnftas1:tttCt:tJr.EillriprQvE!rn~rits ... ............ ...<<.. . ..............
Description: IDIS Project #: UOG Code: FL120492 CLEARWATER
Providla funds for PUblic InfrastructUre improvements in the Gateway Area of tb~ City's Commllnity RedevelopmentAr~''':'~'';'ic,1
Types of improvem.....e...n....ts have not been idenijl'ied at this time. ....... ....... ......... ........./> ........i .....<///
,....... ....... ....... ............................. /
8~s 0~~~s ~x~ ~~~m~ ~~
>"<<. ..............<< .......:<<> <>
.<><<.>..><>
Location:, " ~ ~
Gateway Area"~ Community> II ~ r::l~
R~dev~lopm~nt ~rel". .......> Select one: I Infrastructure ~J .............
>.1 ....... ....... <<>> < ........ .......<>
1...i..<....{H>. ......... EXPlanation:<> .........>i:..> >><>
Expected Completion Date: .. ii>
Qia6IiQ.Q~.<)...........................(... ...(........>>...
National Objective Codes:
LMA
...
. .. .
. ......... ......
..................... ....... ..... ... ..... ...... ......7..
........... ... ..............0..... .
tlH~pijj~Hb~I~.................<.......... ................................
.. ........... .. . . . . .i.<. .
B~..!ll~
~
1 Improve quality I increase quantity of public improvements for lower income persons
...
2
3
... .
...
11 Public Facilities ... Proposed Accompl. Type: I... Proposed
(II
_ 1: underway>: Underway
~ e...>.......< Complete ....... .> Complete
~ i Accompl. Type: ... Proposed L Accompl. Type: I... Proposed
tI = . ... ... ..... ..........i.... Underway . Underway
III Co
'0' E Complete ... ..<< Complete
"'0 ~
A. U Accompl Type' ... Proposed 1<>1 Accompl. Type: ... Proposed
~ 02 . . Underway KB0 Underway
= ' , }, Complete 1,< Cc Cc... Complete IF
Proposed Outcome Performance Measure Actual Outcome
~~~~~I~?~t~<s~~I!:ffim]!~!l)~1<\lf~~0 .II. ... i, <<ii' '<
...... ...,
..
.
..
... ....
I,."
03 Public Facilities and Improvements (General) 570.201(c)
... . Matrix Codes
...
Matrix Codes
Matrix Codes
... Matrix Codes
...1 Matrix Codes
...
...
COBG ... Proposed Amt.
...
.. >...""i,<., Actual Amount
III
III Fund Source: ... Proposed Amt.
>,> >><::.....'>< Actual Amount
E .
~ 11 Public Faciliti~... Proposed Units
g' ... Actual Units
Is:. I Accompl. Type: ... Proposed Units
~........ Actual Units
Project (4)
. ...
...........0
:0;.:0::. :\~:~/.i:Q5;i4Q:H
Fund Source: ... Proposed Amt.
1.,.'.<>:>.></... Actual Amount
Fund Source: ... Proposed Amt.
>><.... .. . Actual Amount
H~
.~......
1/......../....
Accompl. Type:
... Proposed Units
Actual Units
Proposed Units
Actual Units
. . .
.
.
. .,.
'.. ..
Accompl. Type: ...
.>...... ....,........
.
23
CPMP
Grantee Name: City of Clearwater
CPMP Version 1.3
Project Name: Partners in Self Sufficlen - Famil Self Sufficien
Description: IDIS Project #: UOG Code: FL120492 CLEARWATER
Partners In Self-Sufficiency - Family Self Sufficiency program assist low Income households to achieve econol11ic.self-
sufficiency. It provides one-on-one case management and program participants receive on-going serviCes for up to nine
years.
.
Location:
2960"'H Tanglewood Dr.,
ClealWater, FL
Expected Completion Date:
9/30/2006
National Objective Codes:
D Help the Homeless
D Help Persons with HIV I AIDS
D Help Persons with Disabilities
o Address Public Housing Needs
.
Ul
...,
-c
CU CU
> E
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I Ul
~=
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... 0
a.u
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01 People
Accompl. Type:
Accompl. Type:
Pro osed Outcome
Families Completing
Program
05 Public Services (General) 570.201(e)
Matrix Codes
Matrix Codes
Select one:
I Non-homeless Special Needs
Explanation:
1
2
3
. Proposed 100 Accompl. Type:
Underway
Complete
. Proposed Accompl. Type:
Underway
Complete
. Proposed Accompl. Type:
Underway
Complete
Performance Measure
Number of Families that have been
served and completed program.
. Proposed
Underway
Complete
. Proposed
Underway
Complete
. Proposed
Underway
Complete
Actual Outcome
... CDBG Proposed Amt. Fund Source: . Proposed Amt.
... Actual Amount Actual Amount
II Proposed Amt.
CU Fund Source: Fund Source: . Proposed Amt.
> Actual Amount Actual Amount
E
II 01 People Proposed Units 100 Accompl. Type: . Proposed Units
...
at Actual Units Actual Units
0
... Accompl. Type: Proposed Units Accompl. Type: . Proposed Units
a.
. Actual Units Actual Units
Project (5) 1 CPMP
Grantee Name: City of Clearwater
Project Name: Pinellas 0 ortuni Council - Chore Services
Description: IDIS Project#: UOG Code: FL120492 CLEARWATER
Chore Services Program serves the elderly and frail elderly population of Clearwater with heavy hpusehold c1ei!1)11)9,
clearii1!) and yard work.
.
Location:
Citywide
Select one:
I Non-homeless Special Needs
Explanation:
Expected Completion Date:
9/30/2006
National Objective Codes:
o Help the Homeless
o Help PersonS with HIV/AIDS
o Help Persons with Disabilities 2
o Address Public Housing Needs 3
01 People
.... Proposed 119 Accompl. Type:
Underway
Complete
.... Proposed Accompl. Type:
Underway
Complete
.... Proposed Accompl. Type:
Underway
Complete
Performance Measure
Number of clients served
.... Proposed
Underway
Complete
.... Proposed
Underway
Complete
.... Proposed
Underway
Complete
Actual Outcome
.
{ft
...
-c
CU CU
> E
.!!.c
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1$=
CUD.
'0' E
... 0
A.u
u
rC
Accompl. Type:
Accompl. Type:
Pro osed Outcome
Client's home made safe
Matrix Codes
05A Senior Services 570.201{e)
Matrix Codes
... CDBG .... Proposed Amt. Fund Source: .... Proposed Amt.
... Actual Amount Actual Amount
II Proposed Amt. Proposed Amt.
CU Fund Source: .... Fund Source: ....
>- Actual Amount Actual Amount
E Proposed Units 119 Proposed Units
II 01 People .... Accompl. Type: ....
...
eft Actual Units Actual Units
0 Proposed Units Proposed Units .
... Accompl. Type: .... Accompl. Type: ....
A.
Actual Units Actual Units
Project (6) 1 CPMP
.
.
.
Project Name:
1
2
3
fI)
~
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CII CII
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1:::
CII Q.
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... 0
a. U Accompl. Type:
U
c(
Proposed
. .:..>: Underway
. Complete
Proposed
.. Underway
. . .. Complete
.. ... .....
<..;..7.-00......::
Accompl. Type: ... Proposed
. Underway
Complete
Proposed
. Underway
..:. Complete
Accompl. Type: ... Proposed
Underway
... .:.............: Complete
Actual Outcome
...
OSH Employment Training 570.201(e)
OSM Health Services 570.201(e)
'I"'t COBG
...
ftS
CII
>
E
ftS
...
Dl
o
...
a.
... Proposed Amt.
.:.: Actual Amount
... Proposed Amt.
· .............. Actual Amount
... Proposed Units
... ..... ..... Actual Units
... Proposed Units
.... Actual Units
Proposed Amt.
.."'.':. :<..'. Actual Amount
Proposed Amt.
.. ... .<':",. Actual Amount
Fund Source:
01 People
Accompl. Type:
Project (7)
...
...
...
...
...
Project Name:
1
2
3
(/)
....
- C
GI GI
> E
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I (/)
ti=
GI a.
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a. u
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Proposed
Underway
Complete
..... Proposed
Underway
. ..... Complete
..... Proposed
. /. Underway
< Complete
Proposed
Underway
..... Complete
Proposed
.. Underway
............ .. Complete
Accompl. Type:
Accompl. Type:
05 Public Services (General) 570.201(e)
... . Matrix Codes
Matrix Codes
... Matrix Codes
Matrix Codes
... Matrix Codes
CDBG Proposed Amt.
'1""1
...>>>;.:<.:>...<..........>> Actual Amount
ftI
GI Fund Source: Proposed Amt.
> ................. .......... .......... ..... ... ............. .... ...,/ Actual Amount
E
ftI
...
at
o
...
a.
CPMP
... Proposed Amt.
.. .......... Actual Amount
... Proposed Amt.
......<.... .................<<.>... Actual Amount
Proposed Units
Actual Units
01 People
... Proposed Units
.... . ...... Actual Units
... Proposed Units
.;...;.. Actual Units
Accompl. Type:
Proposed Units
Actual Units
Accompl. Type:
Project (8)
.
...
...
.
...
....
...
.
I.
Project Name:
.
II)
....
CD C
> CD
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1j=
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... 0
a. u
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<I:
01 People
..... Proposed
..... Underway
... Complete
05 Public Services (General) 570.201(e)
Matrix Codes
Matrix Codes
PI COBG ..... Proposed Amt.
... .. .... Actual Amount
III Proposed Amt.
CD Fund Source: .....
> .... Actual Amount
E
. III 01 People ..... Proposed Units
...
at Actual Units
0
... Accompl. Type: ..... Proposed Units
a.
Actual Units
Project (9)
2
3
..... Proposed
Underway
Complete
Actual Outcome
..... Matrix Codes
..... Matrix Codes
..... . Matrix Codes
..... Proposed Amt.
· Actual Amount
..... Proposed Amt.
q.... Actual Amount
..... Proposed Units
... Actual Units
..... Proposed Units
. . Actual Units
18
.....
.....
.....
.....
.....
2
3....
(/)
....
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ti=
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Accompl. Type: ... Proposed
....... Underway
Complete
Accompl. Type: ... Proposed
Underway
.. ....... ...... .... .. Complete
... Proposed
.... ... . Underway
.. Complete
Actual Outcome
Matrix Codes
Matrix Codes
'1""1
...
ra
GI
>
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ra
...
en
o
...
A.
Proposed Amt.
Actual Amount
Proposed Amt.
.............. ......<.<<>> Actual Amount
Proposed Units
Actual Units
Proposed Units
Actual Units
Proposed Amt.
..:.. ............ .........:............<........ Actual Amount
Proposed Amt.
Actual Amount
Proposed Units
Actual Units
Proposed Units
..... Actual Units
Project (10)
.
...
...
.
...
...
...
.
Grantee Name: City of Clearwater
CPMP Version 1.3
Project Name: Gulf Coast Jewish Famil Services - Disabled & Frail Elderl
Description: IDIS Project #: UOG Code: FL120492 CLEARWATER
PrOQram allows frail and p.hysic:ally impaired elders to remain . ind~h~ent. in their homes . rathertha!ltiepl~ced. .in a
restrictive assisted living facility or nursing hOme often at taxpayers expense.
.
Location:
14041 lcot Blvd. , Clearwater, FL
33760
Expected Completion Date:
9/30/2006
National Objective Codes:
o Help the Homeless
o Help Persons with HIV / AIDS
o Help Persons with Disabilities
o Address Public Housing Needs
.
01 People
UI
..
-c
GI GI
t E
-,c
I UI
~=
CUD.
'OS
... 0
a.u
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Accompl. Type:
Accompl. Type:
Pro osed Outcome
Service to Frail and
Physically Impaired Elders
OSA Senior Services S70.201(e)
Matrix Codes
Matrix Codes
Select one:
I Non-homeless Special Needs
Explanation:
Gulf Coast Community Care will be providing the services. They
work under the umbrella of Gulf Coast Jewish Family Services.
1 Improve the services for low/mod income persons
2
3
... Proposed
Underway
Complete
... Proposed
Underway
Complete
... Proposed
Underway
Complete
Performance Measure
Number of Clients Served.
200
Accompl. Type:
... Proposed
Underway
Complete
... Proposed
Underway
Complete
... Proposed
Underway
Complete
Actual Outcome
Accompl. Type:
Accompl. Type:
... CDBG ... Proposed Amt. Fund Source: ... Proposed Amt.
... Actual Amount Actual Amount
III Proposed Amt.
: Fund Source: ... Fund Source: ... Proposed Amt.
E Actual Amount Actual Amount
l! 01 People ... Proposed Units 200 Accompl. Type: ... Proposed Units
C:ft Actual Units Actual Units
. e Accompl. Type: ... Proposed Units Accompl. Type: ... Proposed Units
a.
Actual Units Actual Units
Project (11) 1 CPMP
Grantee Name: City of Clearwater
Project Name: Personal Enrichment throu h Mental Health Services - Emer . Treatment
Description: IDIS Project #: UOG Code: FL120492 CLEARWATER
Provide walk-in/urgent care to citizens who are experiencing a mental health crisis or difficult situatiOn that requires
immediate counseling and/or mediciation.
Location:
11254 58th St. N., Pinelias Park,
FL 33782
Expected Completion Date:
9/30/2006
National Objective Codes:
D Help the Homeless
o Help Persons with HIV/AIDS
o Help Persons with Disabilities
D Address Public Housing Needs
01 People
Ul
...
- C
GJ CU
> E
.!!,c
I Ul
~=
CUD.
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I.. 0
A.u
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Accompl. Type:
Accompl. Type:
Pro osed Outcome
Mental Health Services
Provided
050 Mental Health Services 570.201(e)
Matrix Codes
Matrix Codes
.
Select one:
I Non-homeless Special Needs
Explanation:
1 Improve the services for low/mod income persons
2
3
... Proposed 160 Accompl. Type:
Underway
Complete
... Proposed Accompl. Type:
Underway
Complete
... Proposed Accompl. Type:
Underway
Complete
Performance Measure
Number of Clients that
Received Service
... Proposed
Underway
Complete
... Proposed
Underway
Complete
... Proposed
Underway
Complete
Actual Outcome
.
9"t CDBG ... Proposed Amt. Fund Source: ... Proposed Amt.
I.. Actual Amount Actual Amount
ftI Proposed Amt. Proposed Amt.
GJ Fund Source: ... Fund Source: ...
> Actual Amount Actual Amount
E Proposed Units 160 Proposed Units
ftI 01 People ... Accompl. Type: ...
I..
m Actual Units Actual Units
0 Proposed Units Proposed Units .
I.. Accompl. Type: ... Accompl. Type: ...
A.
Actual Units Actual Units
Project (12) 1 CPMP
Grantee Name: City of Clearwater
Project Name: Kimberl Home Inc. - Infant & Toddler Care
Description: IDIS Project #: UOG Code: FL120492 CLEARWATER
Provide high quality child care services. The center provides a safe and supportive environrnentf9rq,jldrEm from two
months through two years of age. By promoting self-esteemalld independence in anl.itUnng setting, caregivers
facilitate healthy and positive development of infants and tOddlers.
.
Location:
1189 HE Cleveland St.,
Clearwater, FL 33755
Expected Completion Date:
9/30/2006
National Objective Codes:
o Help the Homeless
o Help Persons with HIV/AlDS
o Help Persons with Disabilities
D Address Public Housing Needs
.
01 People
(ft
...
- C
GI .,
> E
.!,c
I (ft
1:;=
GlD.
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... 0
A.u
u
CC
Accompl. Type:
Accompl. Type:
Pro osed Outcome
Childcare services provided
OSL Child Care Services S70.201(e)
Matrix Codes
Matrix Codes
Select one:
I Non-homeless Spedal Needs
Explanation:
1 Improve the services for low/mod income persons
2
3
.. Proposed
Underway
Complete
.. Proposed
Underway
Complete
.. Proposed
Underway
Complete
Performance Measure
Number of children enrolled
40
Accompl. Type:
.. Proposed
Underway
Complete
.. Proposed
Underway
Complete
... Proposed
Underway
Complete
Actual Outcome
Accompl. Type:
Accompl. Type:
PI CDBG .. Proposed Amt. Fund Source: .. Proposed Amt.
... Actual Amount Actual Amount
ftI Proposed Amt.
., Fund Source: .. Fund Source: ... Proposed Amt.
> Actual Amount Actual Amount
E
ftI 01 People ... Proposed Units 40 Accompl. Type: ... Proposed Units
...
al Actual Units Actual Units
. 0
... Accompl. Type: ... Proposed Units Accompl. Type: .. Proposed Units
A.
Actual Units Actual Units
Project (13) 1 CPMP
CPMP Version 1.3
Grantee Name: City of Clearwater
Project Name: ICltvof:Clearw~ter+fAdml:riistratiQij>>.".
Description: . .. IDIS Project #: UOG Code:
I~r~i~~jqml~j~~~~~
1>.<............ ...</......11....... ..............
In <.>).
Location:
FL120492 CLEARWATER
>
>. )....<.. ....... ........... ......... .)<><.
..................................................
Explanation:
Expected Completion Date:
9iaQl~Q06<
National Objective Codes:
.. .
...::..:.
><H............
><< ......)
... ..
..... . ... .
..
.. . .. . ............ ....
.... Proposed
f!1...: Underway
Complete
.... Proposed
...>.' Underway
Complete
.... Proposed .. ... .,
.. Underway
'.. Complete
Actual Outcome
..>... ..........:.:...........
./..<>..<
. ..... .......
i:i>>~
.. . '"
..... ....:.:.....
2
I....
.....
......
...
Not Applicable
............................................. .... ..... ....... ............... ..................
*Ii:fll!ii;i~: ~
3
1ft
~
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CU CU
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I 1ft
ti=
CU c.
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Accompt. Type:
I....
Accompl. Type:
.. ................
Proposed
Underway
Complete
I.... Proposed
Underway
Complete
I.... II Proposed
. Underway
Complete ..... ....... .........
pro~~~ed Outcome :.............. ... Performance ~easure
..........................................- ~..........
21A General Program Administration 570.206 .... Matrix Codes
Accompl. Type:
Accompl. Type:
........
I>
~
Accompl. Type:
<<...
Accompl. Type:
21H HOME Admin/Planning Costs of PJ (subject to 5% cap
.... Matrix Codes
Matrix Codes
.... Matrix Codes
'l"'t CDBG
""i.
ns
CU
>
E
ns
""
al
o
""
a.
.... /I Proposed Amt.
Actual Amount
.... /I Proposed Amt.
Actual Amount
L> .... ... 57;711
Lf . 240,hQ7
Other I.... /I Proposed Amt.
Actual Amount
Fund Source: I.... II Proposed Amt.
Actual Amount
Accompl. Type: I.... Proposed Units
... ............. Actual Units
Accompl. Type: I.... Proposed Units
..>>> . ........ Actual Units
HOME
Accompl. Type: .... Proposed Units
....>..>....<<<.. Actual Units
Accompl. Type: .... Proposed Units
.. ... . Actual Units
1<<...
,:... ...
Project (14)
13
<.
.
..
. .
....
....
....
.. ............... ........
... .
.
.
. ... ....1
....
....
.....
>.. >. ...< ..~ . . ................. ....... > . .....
.... .. ..92...010...01]. ....
:,::.: ,";.. ..t....". .....~.....:....:.
1..<.... ......>1
....I
.............
............ ... ............,
. .
.
..... ...................
... .... n
CPMP
.
Project Name:
1.
2
.
Accompl. Type:
... Proposed
.. . .. Underway
Complete
... Proposed
.. Underway
.. Complete
... Proposed
Underway
Complete
Actual Outcome
VI
..
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CU CU
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a. 0
a. u
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Proposed
.. Underway
.. Complete
Performance Measure
...
...
20 Planning 570.205 ... Matrix Codes ...
Matrix Codes ... . Matrix Codes ...
Matrix Codes ... Matrix Codes ... .
.... CDBG ... Proposed Amt. ... Proposed Amt.
a. : .. : . . .. Actual Amount ... : Actual Amount
ftJ Proposed Amt.
CU Fund Source: ... ... Proposed Amt.
>- ...... .. :.. Actual Amount ... Actual Amount
E
. ftJ Accompl. Type: ... Proposed Units ... Proposed Units
a.
~ . :: Actual Units ....... Actual Units
0
a. Accompl. Type: ... Proposed Units Proposed Units
a. ...
.:. .:... Actual Units Actual Units
Project (15) CPMP
.... CDBG ... Proposed Amt. Fund Source: ... Proposed Amt.
r.. Actual Amount Actual Amount
II Proposed Amt. Proposed Amt.
CD Fund Source: ... Fund Source: ...
>- Actual Amount Actual Amount
E
II 10 Housing Units ... Proposed Units 5 Accompl. Type: ... Proposed Units
r..
~ Actual Units Actual Units
0
r.. Accompl. Type: ... Proposed Units Accompl. Type: ... Proposed Units
Q.
Actual Units Actual Units
Project Name:
Location:
Gateway Area of Community
Redevelopment Area
Expected Completion Date:
9/30/2006
National Objective Codes:
o Help the Homeless
o Help Persons with HIV/AIDS
o Help Persons with Disabilities
o Address Public Housing Needs
(I)
...,
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CD CD
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I (I)
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r.. 0
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cr:
10 Housing Units
Accompl. Type:
Accompl. Type:
Pro osed Outcome
Construction of Affordable
Housing
12 Construction of Housing 570.201(m)
Matrix Codes
Matrix Codes
Project (16)
.
FL120492 CLEARWATER
Select one:
I Owner Occupied Housing
Explanation:
1 Increase the availability of affordable owner housing
2
3
... Proposed
Underway
Complete
5
Accompl. Type:
... Proposed
Underway
Complete
... Proposed
Underway
Complete
... Proposed
Underway
Complete
Actual Outcome
.
... Proposed
Underway
Complete
... Proposed
Underway
Complete
Performance Measure
Number of Affordable Housing
Units Produced.
Accompl. Type:
Accompl. Type:
.
1
CPMP
roject Name: IClwbfCie.arlNiitetHIhfillHQuslnaFAtOgramDeUVe ....... ... ..
Description: IIDIS Project #: UOG Code: FL120492 CLEARWATER
Location:
9i~r~i~~
CPMP Version 1 3
Grantee Name: City of Clearwater
1:<:".::::.::.
.. >
::.
Select one:
II OWn~roccuPie~ Hou~ing ... .... ...
I ..:::-::.:<.::.::.::..:::::>:
... . ..
...... . ..7..
: Explanation:
~:~~~~~omPletion Da~ ....:..... ..
91 P:/~qp6 ~i
Natiol'!al Objective Codes:
1111;illl
.........
BH"
:....
.
<.::..
..:.....
.......::1
LMH
...
.. .... .. ... ..
. . ..:. . .... ..
...,.....:.. .
~&.ijfi
1 Increase the availability of affordable owner housing
2 ..
3
10 Housing Units ... Proposed !.:3>. .:.? Accompl. Type: ... 11 Proposed
W L
..., <>:.:.... Underway L Underway
~ ~<<: .< ~. Complete..::'.. <..... .. Complete
.!.c Accompl. Type: ... Proposed Accompl. Type: ... Proposed
~ i ~.. .... Underway 80""'7 Underway
..... E . .. Complete .. .......> ........... Complete
t. 8 Accompl. Type: .. ... proposed. Accompl. Type: ... Proposed
.::I. ~:."::,UnderWay ~ Underway
~ : Complete Complete
rs p_me perfo";,ince Meii~re . Actual Outcome
12 Construction of Housing 570.201(m) ... Matrix Codes
Matrix Codes
... . Matrix Codes
Matrix Codes
... Matrix Codes
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COSG ... Proposed Amt.
..:.............). Actual Amount
......:;-....:......................
:lO;:OQQ;QQ
Fund Source:
::.:.::>:..:.::
... Proposed Amt.
Actual Amount
... Proposed Amt.
Actual Amount
Fund Source: ... Proposed Amt.
.:...:.-:................ .... ... .........>::::: Actual Amount
Accompl. Type: ... Proposed Units
Actual Units
Accompl. Type: ... Proposed Units
.... .. Actual Units
Fund Source:
........:.......
Accompl. Type: ... Proposed Units
.....> . Actual Units
Accompl. Type: ... Proposed Units
2" Actual Units
.::.:...... .
Project (17)
10
at'
...
...
...
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I
. .
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...
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CPMP
Project Name:
Grantee Name:
VI
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... .n... Underway
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14A Rehab; Single-Unit Residential 570.202
Matrix Codes
Matrix Codes
COBG ... Proposed Amt.
,..
..<:>):....>.><<.....>' Actual Amount
3 ..... Proposed Amt.
> ...... Actual Amount
E
III
..
en
o
..
I:L
10 Housing Units ..... Proposed Units
...... Actual Units
10 Housing Units ..... Proposed Units
Actual Units
Project (18)
2
3
Accompl. Type:
..... Proposed
........ Underway
. ..... Complete
..... Proposed
.. Underway
Complete
..... Proposed
.... Underway
.. Complete
Actual Outcome
Accompl. Type:
.....
..... n
..... Matrix Codes
..... . Matrix Codes
... . Matrix Codes
... Proposed Amt.
.. . ..>< Actual Amount
..... Proposed Amt.
.< Actual Amount
..... Proposed Units
.. ... Actual Units
..... Proposed Units
Actual Units
.....
......
......
. .,..,..'
... ......3bOiOO()
CPMP
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Proposed
. Underway
.. . Complete
... Proposed
.p .. Underway
.........r Complete
14H Rehabilitation Administration 570.202
Matrix Codes
Matrix Codes
'I"'t
...
ftI
ell
>
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.~
...
A.
CDBG ... Proposed Amt.
.. ...........). Actual Amount
Fund Source: ... Proposed Amt.
. ......P...... Actual Amount
10 Housing Units ... Proposed Units
.. Actual Units
Accompl. Type: ... Proposed Units
. Actual Units
Project (19)
2
3
...:.......5. ..
Accompl. Type: ... Proposed
.. ..p < Underway
. . ............. Complete
... Proposed
. ... ...... Underway
.. Complete
... Proposed
.... Underway
. .. .... Complete
Actual Outcome
... .. Matrix Codes
... . Matrix Codes
... .. Matrix Codes
Proposed Amt.
. Actual Amount
Proposed Amt.
.p.... /...:) Actual Amount
Proposed Units
. . ... .... Actual Units
Proposed Units
Actual Units
...
...
...
... .
... .
CPMP
Grantee Name: City of Clearwater
Project Name: of Clearwater - Relocation Pro ram
Description: IDIS Project #: UOG Code: FL120492 CLEARWATER
Funds win be provided to the City of Clearwaterf9f costs as~ociated wi~h fIlakingavail(l~l~ternp()rary~!?~tioflt9
homeowners while their home is being rehabilitated. Temporary relocation costs will Include the costsJortempora..y
moving charges, temporary rental costs, temporary storage costs, and other related costs.
Location:
Citywide
Expected Completion Date:
9/30/2006
National Objective Codes:
o Help the Homeless
o Help Persons with HIV/AlDS
o Help Persons with Disabilities
o Address Public Housing Needs
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Accompl. Type:
Accompl. Type:
Pro osed Outcome
Relocation Assistance to
Low/Mod Households
08 Relocation 570.201(i)
Matrix Codes
Matrix Codes
.
Select one:
I Owner OCOJpied Housing
Explanation:
1
2
3
... Proposed 5 Accompl. Type:
Underway
Complete
... Proposed Accompl. Type:
Underway
Complete
... Proposed Accompl. Type:
Underway
Complete
Performance Measure
Number of l/M Households
Assisted
.
... Proposed
Underway
Complete
... Proposed
Underway
Complete
... Proposed
Underway
Complete
Actual Outcome
... CDOO ... Proposed Amt. Fund Source: ... Proposed Amt.
... Actual Amount Actual Amount
II Proposed Amt. Proposed Amt.
U Fund Source: ... Fund Source: ...
>- Actual Amount Actual Amount
E Proposed Units 5 Proposed Units
l! 04 Households ... Accompl. Type: ...
Ol Actual Units Actual Units .
0 Proposed Units Proposed Units
... Accompl. Type: ... Accompl. Type: ...
Do.
Actual Units Actual Units
Project (21) 1 CPMP
Grantee Name: City of Clearwater
CPMP Version 1.3
roject Name: Ci of Clearwater - Demolition Pro ram
Description: IDIS Project #: UOG Code: FL120492 CLEARWATER
Funds will be provided to the City of Clearwater for costS associated With the demolition bf uli~f~.
funds will be provide~ asa grant. The city will not provi~edernolitlol'l fundsto.StrticttIi"es ()fCUPied~.
Without abiding with those policies and procedures established in the Uniform Relocation and Real Properties
Act,
Location:
Citywide
Expected Completion Date:
9/30/2006
National Ob'ective Codes:
Select one:
I OWner Occupied Housing
Explanation:
o Help the Homeless
o Help Persons with HIVI AIDS
o Help Persons with Disabilities 2
o Address Public Housing Needs 3
04 Households
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Accompl. Type:
Accompl. Type:
Pro osed Outcome
Demolition of Unsafe
Residential Dwellings
04 Oearance and Demolition 570.201(d)
Mabix Codes
Matrix Codes
... Proposed 5 Accompl. Type:
Underway
Complete
... Proposed Accompl. Type:
Underway
Complete
... Proposed Accompl. Type:
Underway
Complete
Performance Measure
Number of Residential
Dwellings Demolished
... Proposed
Underway
Complete
... Proposed
Underway
Complete
... Proposed
Underway
Complete
Actual Outcome
PI CDBG Proposed Amt. Fund Source: ... Proposed Amt.
.. Actual Amount Actual Amount
II Proposed Amt.
GJ Fund Source: Fund Source: ... Proposed Amt.
>- Actual Amount Actual Amount
E
II 5 Accompl. Type: ... Proposed Units
..
at Actual Units
et Accompl. Type: ... Proposed Units
Actual Units
Project (22) 1 CPMP
CPMP Version 1.3
Grantee Name: City of Clearwater
Project Name: HQrri~le$~AqiVjties<GateW~yAr-ea . > <... .. ........ ..i
Description: ... IDIS Project #: . .... UOG Code: FL120492 CLEARWATER
!~~t10n'.
Select one:
Explanation:
Expected Completion Date: ...
~~~~~~~~~~,t?~!'iit,i!;lI
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12 Construction of Housing 570.201(m)
PPI~~~~less/~I~/I\I~~P .. ......
>in:,,<<>> <. ..<
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...::.:::.:::.::..:>:.:::.:::...:.::::.:...:.::.: . .. ..:......... >>..>....:>..:.:....>>
<< . ....
r ~ Proposed
Underway ><p
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Actual Outcome
..:.....:...:. ...:............
...i.:.:.........::...
.... .:... .....< .p.
.......
Accompl. Type:
>..
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......:.:.:.: Underway
Complete
I ~ Proposed
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. Complete
... .......... ... ... ...
. .. ...... .. .. . .:<:<
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I II)
'tj =<< Underway
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... 0
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~ -~:::::?.~
Proposed Outcome Performance Measure
.Hb~;:;~~.;~P~~~~hlf:............................... .~~~f6~e~f..fa.RiJ'~im~....~.Jql:.r.::.o.nits. ..:............
Accompl. Type:
....>:
.:.::
Accompl. Type:
..:.:.:..
..... . Matrix Codes
03C Homeless Facilities (not operating costs) 570.201(c)
~ Matrix Codes
Matrix Codes
~ . Matrix Codes
CDBG ~ Proposed Amt.
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... :.......... ...... ............ ::.......::::.: Actual Amount
ca
CII HOME ~ . Proposed Amt.
> ... . P > > Actual Amount
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01
o
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.707
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:::.::: Actual Units
10 Housing Units ..... Proposed Units
~Actual Units
ProJect (23)
..:.:...:.:....
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Accompl. Type: ~ Proposed Units
<:::::.::.:.:. . :: Actual Units
Accompl. Type: ~ Proposed Units
. .. Actual Units
5
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CPMP
-l
.
.
.
lIrnp~oveacc~~to ~~r.dable rental housing
2 I~crease th: avaH~bili~~f affor.~~bleowner housing
3 Increa~:the ~~~~IY of a~r.da~l~ ren~l. hO~~i~9
Proposed
........ .... Underway
Complete
... Proposed
. ........... Underway
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~=
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01 Acquisition of Real Property 570.201(a)
12 Construction of Housing 570.201(m)
14A Rehab; Single-Unit Residential 570.202
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en ..
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HOME ... Proposed Amt.
. . . .. Actual Amount
Other ... Proposed Amt.
........ . ....-:.. ..-:... :;.. Actual Amount
10 Housing Units ... Proposed Units
. .. .. Actual Units
10 Housing Units ... Proposed Units
Actual Units
Project (20)
... Proposed
........... .: Underway
...... .. .:.... Complete
Accompl. Type: ... Proposed
................... .. .. Underway
...:.:.. .................... Complete
Accompl. Type: ... Proposed
Underway
Complete
Actual Outcome
... 148 Rehab; Multi-Unit Residential 570.202
.... Matrix Codes
... .. Matrix Codes
... Proposed Amt.
. ...... .:.. ..:.::: Actual Amount
... Proposed Amt.
.:: Actual Amount
... Proposed Units
Actual Units
... Proposed Units
. ... ..... Actual Units
4
...
...
...
...
CPMP
CPMP Version 1.3
Grantee Name: City of Clearwater
.
Project Name:
1.8oMEPfog~m...+.c~fum~njtYHp{isi6gP~v~topfu~ntQI':9~hl~atiPO .................................... ....... .........................
I FL120492
(yt
. .. Sit . III Qwner Occupied Housing .... r;-l>......
e ec one. ......... L:J .
.j...>....,.........,....... ......... ..... .... ..
... .>.><.}/ ... .. ........ .>< ..............i ... ..
Explanation:
it> <>>>
. .....>..
n...,... <> ...
Expected Completion Date:
................................ ....... ............................. ..
.................................. .
.9/S0IZQ06 .........,.........)...,..)}...}'...,..............,......<
National Objective Codes:
. .......... ..,.,....,.,......... ....
.>>.
.... ..
...
...
...
Proposed < ............. .
......
Underway ..> ....
Complete <:-
Proposed .......
Underway ....... ,.
Complete
LMH
...
...~... ...~........ .......... ....................
.. ..... ......... .......... . .. .....
. . ........ .....
~~'1ilit;/.
1 Increase the availability of affordable owner housing
2 Improve the quality of affordable rental housing
3 Improve the quality of owner housing
10 Housing Units ... Proposed
///m .~~:~:=
Accompl. Type: ... Proposed
.000' ... Underway
>... .. ~comPlete/ .
Accompl. Type: ... Proposed Ell... ... .......
.. .... . Underway
.,...
Complete.'
Proposed Outcome Performance Measure
.yrt~p.~~iq~....~f:...~~.~~i.m~....~.~i~S... .N9rm.~~~...9-~...~~.~?i.n~....y.rli~...........
<">> ... ..,<< >ArppYS~9\...>< ..
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... ...........
Accompl. Type: ...
.. ,.
....
I
... Proposed
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Actual Outcome
... ..
..
'. ...... .........
Accompl. Type:
.......................
...... ......
.. ..
... ..
. ...,.... ...
12 Construction of Housing 570.201(m)
... Matrix Codes
...
146 Rehab; Multi-Unit Residential 570.202
... Matrix Codes
...
14A Rehab; Single-Unit Residential 570.202
... Matrix Codes
...
...
...
fa
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Q.
o .
t. Accompl. Type:
',..',
Project (24)
HOME ... Proposed Amt.
.......>>.... ....'..< Actual Amount
Fund Source: ... Proposed Amt.
.....<> ..... Actual Amount
<<<.....?~~;~~7
Fund Source: ... I Proposed Amt.
C>..<.><. Actual Amount
Fund Source: ... Proposed Amt.
.),><<<>< Actual Amount
....,;...,.
,....
Proposed Units
Actual Units
... Proposed Units
. Actual Units
Accompl. Type:
.. . .<>...
Accompl. Type:
.....,...
... Proposed Units
>>Actual Units
... Proposed Units
Actual Units
. .
.... .
.. .
...,..,.
.....
.
. ...
3
CPMP
.
Grantee Name: City of Clearwater
CPMP Version 1.3
Project Name: Housin Education Pool
Description: IDIS Project #: UOG Code: FL120492 CLEARWATER
Funds will be provided to provide housing education, credit counseling, ho~buYlngeducatlon,foredQ$tIreirigcoul'1s~1I1'l9
and other housing education related activities.
location:
Citywide
Select one:
I Priority Need Category
Expected Completion Date:
9/30/2006
National Objective Codes:
Explanation:
This will be funded with SHIP Funds exclusively
o Help the Homeless 1
o Help Persons with HIV I AIDS
o Help Persons with Disabilities 2
o Address Public Housing Needs 3
. 04 Households ... Proposed 100 Accompl. Type: ... Proposed
Ul
... Underway Underway
-c
~ GJ Complete Complete
GJ E Proposed Proposed
-.c Accompl. Type: ... Accompl. Type: ...
I Ul
~= Underway Underway
GJa. Complete Complete
O'E
~ 0 Accompl. Type: ... Proposed Accompl. Type: Proposed
A.u ...
U Underway Underway
Ill(
Complete Complete
Pro osed Outcome Performance Measure Actual Outcome
100
Fund Source:
Mabix Codes
Matrix Codes
Mabix Codes
... Other ...
~
IV
GJ Fund Source: ...
>
E
IV 04 Households ...
~
at
. 0
~ Accompl. Type: ...
A.
Project (25)
Proposed Amt.
Actual Amount
Proposed Amt.
Actual Amount
Proposed Units
Actual Units
Proposed Units
Actual Units
Fund Source:
Proposed Amt.
Actual Amount
Pro osed Amt.
Actual Amount
Proposed Units
Actual Units
Proposed Units
Actual Units
Accompl. Type:
Accompl. Type:
1
CPMP
CPMP V. 3 Grantee Name: City of Clearwater
erslon 1.
Project Name: Foreclosure Prevention Pro ram
Description: IDIS Project #: UOG Code: FL120492 CLEARWATER
Funds will be provided to households who have experienced a hardship and are unable to bring their mortgClgl;! current.
Clients must meet all of the program criteria in order to receive assistance.
Location:
Citywide
Expected Completion Date:
9/30/2006
National Objective Codes:
D Help the Homeless
D Help Persons with HIV/AlDS
D Help Persons with Disabilities
D Address Public Housing Needs
04 Households
II)
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Accompl. Type:
Accompl. Type:
Pro osed Outcome
Foreclosures Prevented
Matrix Codes
Matrix Codes
Matrix Codes
.
Select one:
I Priority Need Category
Explanation:
This will be funded exclusively with SHIP funds.
1
2
3
... Proposed
Underway
Complete
... Proposed Accompl. Type:
Underway
Complete
... Proposed Accompl. Type:
Underway
Complete
Performance Measure
Number of Households assisted
5
... Proposed
Underway
Complete
... Proposed
Underway
Complete
... Proposed
Underway
Complete
Actual Outcome
.
Accompl. Type:
'P'4 Other ... Proposed Amt. Fund Source: ... Proposed Amt.
a.. Actual Amount Actual Amount
II Proposed Amt. Proposed Amt.
CU Fund Source: ... Fund Source: ...
>- Actual Amount Actual Amount
E Proposed Units 5 Proposed Units
l! 04 Households ... Accompl. Type: ...
at Actual Units Actual Units
0 Proposed Units Proposed Units .
a.. Accompl. Type: ... Accompl. Type: ...
a.
Actual Units Actual Units
Project (26) 1 CPMP
.
.
.
City of Clearwater
FY 05-06 Consolidated Action Plan Applications
Project Name & Type of Appllcationl
Applicant Address Activity
1 Gulf Coast Legal Services 314 S Missouri Ave # 109, Clw 33756 Fair Housing
Family Self-Sufficiency
901 Chestnut Street, Ste E, CIw
2960-H Tanglewood Drive, Clw
2 Partners in Self-Sufficiency. Inc. 1884 N Betty Lane, Clw Public Services
Pinellas Opportunity Chore Services
3 Council 4039 8th Avenue South Public Services
Emergency Housing for Homeless
Persons and Families
4 Homeless Emergency Project Inc. 1120 North Betty Lane Public Services
Clearwater Homeless Intervention CHIP Emergency Shelter
5 Project, Inc. 1339 Park Street. Clw 33756 Public Services
Turning Point
6 WestCare Florida,lnc 1801 5th Ave. N., St. Pete 33701 Public Services
Hispanic Outreach Center
7 YWCA ofTampa Bay 612 Franklin Street, Clw 33756 Public Services
Match Funds for Elderly Services
Gulf Coast Jewish Family Services- 407 S Arcturas Ave, Clw 33765
8 Disabled & Frail Elderly 14041 Icot Blvd, Clw 33760 Public Services
Personal Enrichment through
Mental Health Services, Inc. Family Emergency Treatment Center
9 (PEMHS) 65016 Street N.. SI. Pete, 33702 Public Services
Kimberly Home Infant and Toddler Care
Kimberly Home Pregnancy Resource Center
10 Center, Inc. 1189 NE Cleveland Street, Clw 33755 Public Services
Kitchen and Dining Hall for Homeless
Persons and Families
11 Homeless Emergency Project Inc. 1200 N Betty Lane, Clw 33755 Public Facilities
Religious Community Services, Inc -
12 The Haven 1520 N Saturn, Clw 33755 Public Facilities
~
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.
CITY of CLEARWATER
FY200S-2010
CONSOLIDATED PLANNING DOCUMENT
Certifications
.
.
.
t.l.r,~,,'t:J.~ENIT 0,1(' ~O
!!Ii. . v.
() ..' \P
.<4. "i
\:11 :;
'9'8 ......0
ifIV D~~ Many elements of this document may be completed
electronically, however a signature must be manually applied and the
document must be submitted in paper form to the Field Office.
CPMP Non-State Grantee
Certifications
NON-STATE GOVERNMENT CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the
consolidated plan regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which
means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take
appropriate actions to overcome the effects of any impediments identified through that analysis, and
maintain records reflecting that analysis and actions in this regard.
.
Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential
antidisplacement and relocation assistance plan required under section 104(d) of the Housing and
Community Development Act of 1974, as amended, in connection with any activity assisted with funding
under the CDBG or HOME programs.
.
Drug Free Workplace -- It will or will continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying
the actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about -
a. The dangers of drug abuse in the workplace;
b. The grantee's policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be given
a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment
under the grant, the employee will -
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
S. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph
4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice shall include the identification
number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
4(b), with respect to any employee who is so convicted -
a. Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs 1, 2, 3, 4, Sand 6.
CPMP Non-State Grantee Certifications
1
Version 1.3
---~
City of Clearwater
Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief:
8. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
9. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to Influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions; and
10. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
.
Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable)
and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding,
in accordance with applicable HUD regulations.
Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA
funds are consistent with the strategic plan.
Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and
implementing regulations at 24 CFR Part 13S.
.
Signature/Authorized Official
Date
William B. Horne, II
Name
I City Manager
Title
1112 S. Osceola Ave.
Address
Clearwater, FL 33756
City /State/Zi p
I 727-562-4041
Telephone Number
.
CPMP Non-State Grantee Certifications
2
Version 1.3
.
.
.
City of Clearwater
Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that
satisfies the requirements of 24 CFR 91.105.
Community Development Plan -- Its consolidated housing and community development plan identifies
community development and housing needs and specifies both short-term and long-term community
development objectives that provide decent housing, expand economic opportunities primarily for persons
of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570)
Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability
Strategy) that has been approved by HUO.
Use of Funds -- It has complied with the following criteria:
11. Maximum Feasible Priority - With respect to activities expected to be assisted with COBG funds, it
certifies that it has developed its Action Plan so as to give maximum feasible priority to activities
which benefit low and moderate income families or aid in the prevention or elimination of slums or
blight. The Action Plan may also include activities which the grantee certifies are designed to meet
other community development needs having a particular urgency because existing conditions pose a
serious and immediate threat to the health or welfare of the community, and other financial resources
are not available);
12. Overall Benefit - The aggregate use of COBG funds including section 108 guaranteed loans during
program year(s) 2005, 2006, 2007, (a period specified by the grantee consisting of one, two, or three
specific consecutive program years), shall principally benefit persons of low and moderate income in a
manner that ensures that at least 70 percent of the amount is expended for activities that benefit
such persons during the designated period;
13. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted
with COBG funds including Section 108 loan guaranteed funds by assessing any amount against
properties owned and occupied by persons of low and moderate income, including any fee charged or
assessment made as a condition of obtaining access to such publiC improvements.
However, if COBG funds are used to pay the proportion of a fee or assessment that relates to the
capital costs of public improvements (assisted in part with COBG funds) financed from other revenue
sources, an assessment or charge may be made against the property with respect to the public
improvements financed by a source other than COSG funds.
The jurisdiction will not attempt to recover any capital costs of public improvements assisted with
COBG funds, including Section 108, unless COBG funds are used to pay the proportion of fee or
assessment attributable to the capital costs of public improvements financed from other revenue
sources. In this case, an assessment or charge may be made against the property with respect to the
publiC improvements financed by a source other than COBG funds. Also, in the case of properties
owned and occupied by moderate-income (not low-income) families, an assessment or charge may be
made against the property for public improvements financed by a source other than COBG funds if the
jurisdiction certifies that it lacks COBG funds to cover the assessment.
Excessive Force -- It has adopted and is enforcing:
14. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged in non-violent civil rights demonstrations; and
15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from
a facility or location which is the subject of such non-violent civil rights demonstrations within its
jurisdiction;
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Compliance With Anti-discrimination laws -- The grant will be conducted and administered in
conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC
3601-3619), and implementing regulations.
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Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of
part 35, subparts A, B, J, K and R, of title 24;
Compliance with Laws -- It will comply with applicable laws.
Signature/Authorized Official
Date
I William B. Horne, II
Name
I City Manager
Title
I 112 S. Osceola Ave.
Address
I Clearwater, FL 33756
City/State/Zip
I 727-562-4041
Telephone Number
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OPTIONAL CERTIFICATION
CDBG
Submit the following certification only when one or more of the activities in the
action plan are designed to meet other community development needs having a
particular urgency as specified in 24 CFR 570.208(c):
The grantee hereby certifies that the Annual Plan includes one or more specifically identified
CDBG-assisted activities, which are designed to meet other community development needs
having a particular urgency because existing conditions pose a serious and immediate threat to
the health or welfare of the community and other financial resources are not available to meet
such needs.
Signature/Authorized Official
Date
I William B. Horne, II
Name
I City Manager
Title
1112 S. Osceola Ave.
Address
1 Clearwater, FL 33756
City/State/Zip
I 727-562-4041
Telephone Number
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Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based
rental assistance:
The use of HOME funds for tenant-based rental assistance is an essential element of the
participating jurisdiction's consolidated plan for expanding the supply, affordability, and
availability of decent, safe, sanitary, and affordable housing.
Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as
described in 24 CFR 9 92.205 through 92.209 and that it is not using and will not use HOME funds for
prohibited activities, as described in 9 92.214.
Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the
project in accordance with the guidelines that it adopts for this purpose and will not invest any more
HOME funds in combination with other Federal assistance than is necessary to provide affordable housing;
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Signature/Authorized Official
Date
I William B. Horne, II
Name
I City Manager
Title
1112 S. Osceola Ave.
Address
I Clearwater, FL 33756
City/State/Zip
1 727-562-4041
Telephone Number
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HOPWA Certifications
The HOPWA grantee certifies that:
Activities -- Activities funded under the program will meet urgent needs that are not being met by
available public and private sources.
Building -- Any building or structure assisted under that program shall be operated for the purpose
specified in the plan:
1. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or
acquisition of a facility,
2. For at least 3 years in the case of assistance involving non-substantial rehabilitation or repair of a
building or structure.
Signature/Authorized Official
Date
Name
Title
Address
City/State/Zip
I
Telephone Number
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ESG Certifications
I, , Chief Executive Officer of Errorl Not a valid link., certify that the
local government will ensure the provision of the matching supplemental funds
required by the regulation at 24 CFR 576.51. I have attached to this certification a
description of the sources and amounts of such supplemental funds.
I further certify that the local government will comply with:
1. The requirements of 24 CFR 576.53 concerning the continued use of buildings for
which Emergency Shelter Grants are used for rehabilitation or conversion of
buildings for use as emergency shelters for the homeless; or when funds are used
solely for operating costs or essential services.
2. The building standards requirement of 24 CFR 576.55.
3. The requirements of 24 CFR 576.56, concerning assurances on services and other
assistance to the homeless.
4. The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part
576, and other applicable federal laws concerning nondiscrimination and equal
opportunity.
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5. The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970.
6. The requirement of 24 CFR 576.59 concerning minimizing the displacement of
persons as a result of a project assisted with these funds.
7. The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of
1988.
8. The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and
implement procedures to ensure the confidentiality of records pertaining to any
individual provided family violence prevention or treatment services under any
project assisted with ESG funds and that the address or location of any family
violence shelter project will not be made public, except with written authorization
of the person or persons responsible for the operation of such shelter.
9. The requirement that recipients involve themselves, to the maximum extent
practicable and where appropriate, homeless individuals and families in
policymaking, renovating, maintaining, and operating facilities assisted under the
ESG program, and in providing services for occupants of these facilities as provided
by 24 CFR 76.56.
10. The requirements of 24 CFR 576.57(e) dealing with the provisions of, and
regulations and procedures applicable with respect to the environmental review
responsibilities under the National Environmental Policy Act of 1969 and related
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City of Clearwater
authorities as specified in 24 CFR Part 58.
11. The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless
prevention activities for families that have received eviction notices or notices of
termination of utility services will meet the requirements that: (A) the inability of
the family to make the required payments must be the result of a sudden
reduction in income; (6) the assistance must be necessary to avoid eviction of the
family or termination of the services to the family; (C) there must be a reasonable
prospect that the family will be able to resume payments within a reasonable
period of time; and (D) the assistance must not supplant funding for preexisting
homeless prevention activities from any other source.
12. The new requirement of the McKinney-Vento Act (42 USC 11362) to develop and
implement, to the maximum extent practicable and where appropriate, policies
and protocols for the discharge of persons from publicly funded institutions or
systems of care (such as health care facilities, foster care or other youth
facilities, or correction programs and institutions) in order to prevent such
discharge from immediately resulting in homelessness for such persons. I further
understand that state and local governments are primarily responsible for the
care of these individuals, and that ESG funds are not to be used to assist such
persons in place of state and local resources.
13. HUD's standards for participation in a local Homeless Management Information
System (HMIS) and the collection and reporting of client-level information.
I further certify that the submission of a completed and approved Consolidated Plan
with its certifications, which act as the application for an Emergency Shelter Grant, is
authorized under state and/or local law, and that the local government possesses legal
authority to carry out grant activities in accordance with the applicable laws and
regulations of the U. S. Department of Housing and Urban Development.
Signature/Authorized Official
Date
Name
Title
Address
City/State/Zip
I
Telephone Number
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APPENDIX TO CERTIFICATIONS
Instructions Concerning Lobbying and Drug-Free Workplace Requirements
Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Drug-Free Workplace Certification
1. By signing and/or submitting this application or grant agreement, the grantee is providing the
certification.
2. The certification is a material representation of fact upon which reliance is placed when the agency
awards the grant. If it is later determined that the grantee knowingly rendered a false certification,
or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other
remedies available to the Federal Government, may take action authorized under the Drug-Free
Workplace Act.
3. Workplaces under grants, for grantees other than individuals, need not be identified on the
certification. If known, they may be identified in the grant application. If the grantee does not identify
the workplaces at the time of application, or upon award, if there is no application, the grantee must
keep the identity of the workplace(s) on file in its office and make the information available for
Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's
drug-free workplace requirements.
4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other
sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles
of a mass transit authority or State highway department while in operation, State employees in each
local unemployment office, performers in concert halls or radio stations).
5. If the workplace identified to the agency changes during the performance of the grant, the grantee
shall inform the agency of the change(s), if it previously identified the workplaces in question (see
paragraph three).
6. The grantee may insert in the space provided below the site(s) for the performance of work done in
connection with the specific grant: Place of Performance (Street address, city, county, state, zip code)
Check if there are workplaces on file that are not identified here. The certification with regard to the
drug-free workplace is required by 24 CFR part 21.
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Place Name Street City County State ZiD
7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free
Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the
following definitions from these rules: "Controlled substance" means a controlled substance in
Schedules [ through V of the Controlled
Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through
1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of
sentence, or both, by any judicial body charged with the responsibility to determine violations of the
Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal
criminal statute involving the manufacture, distribution, dispensing, use, or possession of any
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controlled substance; "Employee" means the employee of a grantee directly engaged in the
performance of work under a grant, including:
a. All "direct charge" employees;
b. all "indirect charge" employees unless their impact or involvement is insignificant to the
performance of the grant; and
c. temporary personnel and consultants who are directly engaged in the performance of work under
the grant and who are on the grantee's payroll. This definition does not include workers not on
the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement;
consultants or independent contractors not on the grantee's payroll; or employees of
subrecipients or subcontractors in covered workplaces).
Note that by signing these certifications, certain documents must completed, in use, and on file for
verification. These documents include:
1. Analysis of Impediments to Fair Housing
2. Citizen Participation Plan
3. Anti-displacement and Relocation Plan
Signature/Authorized Official
Date
William B. Horne, II
Name
City Manager
Title
1112 S. Osceola Ave.
Address
Clearwater, FL 33756
City /State/Zi p
727-562-4041
Telephone Number
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CITY of CLEARWATER
FY200S-2010
CONSOLIDATED PLANNING DOCUMENT
Glossary
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DEFINITIONS
Certification - A written assertion, based on supporting evidence, that must be kept
available for inspection by HUD, by the Inspector General of HlJD, and by the public. The
assertion shall be deemed to be accurate unless HUD determines otherwise, after inspecting
the evidence and providing due notice and opportunity for comment.
Consolidated Plan (or lithe Plan ") - The document that is submitted to HUD that serves
as the planning document (comprehensive housing affordability strategy and com munity
development plan) of the jurisdiction and an application for funding under any of the
Community Planning and Development formula grant programs (CDBG, ESG, HOME, or
HOPW A), which is prepared in accordance with the process prescribed in this part.
Consortium - An organization of geographically contiguous mllts of general local
government that are acting as a single unit of general local government for putposes of the
HOME program (see 24 CFR Part 92).
Cost Burdened - The extent to which gross hous ing costs, including utility costs, exceed 30
percent of gross income, based on data available from the u.s. Census Bureau.
Elderly Person and mID are defined in 24 CFR Part 5.
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Emergency Shelter - Any facility with overnight sleeping accommodations, the primaty
putpose of which is to provide temporary shelter for the homeless in general or for specific
populations of the homeless.
Extremely Cost-Burdened - The extent to which gross housing costs, including utility
costs, exceed 30 percent of gross income, based on data available from the u.s. Census
Bureau.
Extremely Low-Income Family - Family whose income is between 0 and 30 percent of
the median income for the area, as determined by HUD adjustments for smaller and larger
families, except that HUD may establish income ceilings higher or lower than 30 percent of
the median for the area on the basis of HlJD's findings that such variations are necessary
because of prevailing levels of construction costs or fair matket rents, or unusually high or
low family incomes.
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Homeless person - A youth (17 years or younger) not accompanied by an adult (18 years or
older) or an adult without children, who is homeless (not imprisoned or otherwise detained
ptU'SUant to an Act of Congress or a State law), including the following:
1. An individual who lacks a fixed, regular, and adequate nighttime residence;
2. An individual who has a primary nighttime residence that is:
(i) A supervised publicly or privately operated shelter designed to provide
temporary living accommodations (mcluding welfare hotels,
congregate shelters, and transitional housing for the mentally ill);
(ii) An institution that provides a temporary residence for individuals
intended to be institutionalized; or
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(ill) A public or private place not designed for, or ordinarily used as, a
regular sleeping accommodation for human beings.
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Homeles s Family with Children - A fam.iJ.y composed of the following types of homeless
persons: at least one parent or guardian and one child under the age of 18; a pregnant
woman; or a person in the process of securing legal custody of a person under the age of 18.
Homeless person. A youth (17 years or younger) not accompanied by an adult (18 years or
older) or an adult without children, who is homeless (not imprisoned or otherwise detained
pursuant to an Act of Congress or a State law), including the following:
· An individual who lacks a fixed, regular, and adequate nighttime residence; and
· An individual who has a primary nighttime residence that is:
o A supervised publicly or privately operated shelter designed to provide
temporary living accommodations (mcluding welfare hotels, congregate
shelters, and transitional housing for the mentally ill);
o An institution that provides a temporary residence for individuals intended to
be institutionalized; or
o A public or private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings.
Homeless Subpopulations - Include but are not limited to the following categories of
homeless persons: severely mentally ill only, alcohol! drug addicted only, severely mentally ill
and alcohol! drug addicted, fleeing domestic violence, youth, and persons with HIV / AIDS.
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Housing First Model - focuses on placing individuals and families into permanent housing,
as quickly as possible, and then providing intensive home-based case management and
stabilizing support services to prevent a recurrence of homelessness.
Jurisdiction - A State or unit of general local government.
Large Family - Family of five or more persons.
Lead-Based Paint Hazards - Any condition that causes exposure to lead from lead-
contaminated dust, lead-contaminated soil, lead-contaminated paint that is deteriorated or
present in accessible swfaces, friction surtaces, or impact surfaces that would result in
adverse human health effects as established by the appropriate Federal agency.
Very Low-Income Families (Very-Low) - Low-income families whose incomes do not
exceed 50 percent of the area median family income for the area, as determined by BUD
with adjustments fo r smaller and larger families, except that HUD may establish income
ceilings higher or lower than 50 percent of the median for the area on the basis of HUD's
fmdings that such variations are necessary because of prevailing levels of construction costs
or fair mcuket rents, or unusually high or low family incomes.
Low-Income Families (Low) - Low-income families whose incomes do not exceed 80
percent of the area median family income for the area, as determined by HUD with
adjustments for smaller and larger families, except that BUD may establish income ceilings
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higher or lower than 80 percent of the median for the area on the basis of HlJD's findings
that such variations are necessary because of prevailing levels of construction costs or fair
market rents, or unusually high or low family incomes.
Middle-Income Family - Family whose income is between 80 percent and 95 percent of
the area median income for the area, as determined by HlJD, with adjustments for smaller
and larger families, except that HlJD may establish income ceilings higher or lower than 95
percent of the median for the area on the basis of HlJD's findings that such variations are
necessary because of prevailing levels of construction costs or fair market rents, or unusually
high or low familyincomes. (This corresponds to the term "moderate income family" under
the CHA.S statute, 42 D.S.C. 12705.)
Moderate-Income Family - Familywhose income does not exceed 80 percent of the
median income for the area, as determined by HlJD with adjustments for sm aller and larger
families, except that HUD may establish income ceilings higher or lower than 80 percent of
the median for the area on the basis of BUD's findings that such variations are
necessary because of prevailing levels of construction costs or fai r market rents, or unusually
high or low family incomes. For the putposes of the State Housing Initiatives Partnership
(SHIP) program, Moderate Income shall be a family whose income does not exceed 120
percent of the median income for the area, as determined by HUD with adjustments for
smaller and larger families.
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Overcrowding - For putposes of describing relative housing needs, a housing unit
containing more than one person per room, as defined by the U.S. Census Bureau, for which
data are made available by the Census Bureau (24 CPR 791.402(b))
Person with a Disability - A person who is determined to:
· Have a physical, mental or emotional impairment that:
o Is expected to be of long-continued and indefinite duration;
o Substantially impedes his or her ability to live independently; and
o Is of such a nature that the ability could be improved by more suitable
housing conditions; or
· Have a developmental disability, as defined in section 102(7) of the
Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.c. 6001-6007); or
· Be the surviving member or members of any family that had been
living in an assisted unit with the deceased member of the family who
had a disability at the time of his or her death.
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Persons who have Special Housing Needs - (67.37.006(11) FloridaAdministrctticEOxle)
means individuals who have incomes not exceeding moderate- income and, because of
particular social, economic, or health-related circumstances, may have greater difficulty
acquiring or maintaining affordable housing. Such persons may have, for example,
encountered resistance to their residing in particular communities, and may have suffered
increased housing costs resulting from their unique needs and high risk of
institutionalization. Such persons include: persons with developmental disabilities; persons
with mental illnesses or chemical dependency; persons with Acquired Immune Deficiency
Syndrome ("AIDS") and Human Imrmm.odeficiency Virus ("HIV") disease; runaway and
abandoned youth; public assistance recipients; mig rant and seasonal fann workers; refugees
and entrants; the elderly; and disabled adults.
Poverty Level Family - Familywith an income below the poverty line, as defined by the
Office of Management and Budget and revised annually.
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Severe Cost Burden - The extent to which gross housing costs, including utility costs,
exceed 50 percent of gross income, based on data available from the u.s. Census Bureau.
State - Any State of the United States and the Commonwealth of Puerto Rico.
Transitional Housing - A project that is designed to provide housing and appropriate
supportive services to homeless persons to facilitate movement to independent living within
24 months, or a longer period approved by HlJD. For purposes of the HOME program,
there is no HlJD - approved time period for moving to independent living.
Unit of General Local Government - A city, town, township, county, parish, village, or
other general purpose political subdivision of a State; an urban county; and a consortium of
such political subdivisions recognized by HUD in accordance with the HOME program (24
CPR Part 92) or the CDBG program (24 CFR Part 570).
Urban County - See definition in 24 CFRPart 570.3. [60 FR 1896, Jan. 5, 1995; 60 FR
4861, Jan 25, 1995, as amended at 61 FR 5205, Feb. 9, 1996]
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CITY of CLEARWATER
FY2005-2010
CONSOLIDATED PLANNING DOCUMENT
Neighborhood Revitalization Strategy
Adopted 2001
(WtlJ be updatHi dmingnext fiscal year)
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CITY OF CLEARWATER, FLORIDA
NEIGHBORHOOD REVITALIZATION STRATEGY
The City of Clearwater Neighborhood Revitalization Strategy is a component of the
City's Consolidated Plan. The Neighborhood Revitalization Strategy is a program
established to promote a flexible design in the City's allocation of funds provided by the
U. S. Department of Housing and Urban Development (Community Development Block
Grant Program) to promote innovative programs in economically disadvantaged areas of
the City of Clearwater.
The strategy provides for enhanced regulatory flexibility in the program requirements for
providing Community Development Block Grant Program (CDBG) funds for economic
development, housing and public service activities. In tenns of economic development
relief, the strategy allows any job creation or retention efforts reliefby not requiring
businesses to track the income of people hired or retained. Economic development
activities carried out in the approved neighborhood revitalization area are also exempt
from the aggregate public benefits standards.
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The relief for public service activities can be viewed in terms of the regulatory
requirement that no more than 15% of the total CDBG allocation can be used for public
services activities. Under this strategy, all public services offered within the subject
neighborhood and carried out as part of qualified projects by a Community Based
Development Organization (CBDO) are exempt from the public service cap of fifteen
percent.
Therefore, the City will be able to offer a more intensive level of service to stimulate
revitalization. It will also allow the City to address some of the urgent needs of the
disadvantaged community by offering job training and other related economic
development assistance.
In the housing arena, the revitalization strategy will allow the City to track scattered site
housing units as a single strategy. This will permit the City to provide housing
opportunities to not only low to moderate-income families, but to other families who earn
between 80 - 120 percent of area median. This will increase the level of affordable
housing units and thereby raise the income level of the neighborhood.
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2
NEIGHBORHOOD REVITALIZATION STRATEGY AREA (NRSA)
BOUNDARIES
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The City proposes to establish two different strategy areas. One strategy area will
encompass Census Tract 261 and 262, hereby known as the North Greenwood
Neighborhood Strategy Area and Census Tract 258, hereby known as the South
Greenwood Neighborhood Strategy Area. The North Greenwood Strategy Area is
bounded by Betty Lane to the east, Clearwater Harbor to the west, Union Street to the
north, and Drew Street to the south.
The South Greenwood Neighborhood Revitalization Strategy Area is bounded by
Evergreen Drive to the east, South Ft. Harrison Avenue to the west, Lakeview Road to
the north and Belleair Road to the south.
Please see attached map of the strategy areas.
NEIGHBORHOOD AND DEMOGRAPIDC CRITERIA
North Greenwood Neighborhood Revitalization Strategy Area (NGNRSA)
The North Greenwood Neighborhood Revitalization Strategy includes census tracts 261
and 262. Both census tracts have a combined population of6,321 people of which 63.3
percent are considered of low to moderate income. Census tract 261 has a population of
4,170 people of which 55.3 percent is low to moderate income. Census Tract 262 has a
total population of 2, 151 in which 71.2 percent are low to moderate income. These two
census tracts have the highest percentage oflow to moderate-income residents. In fact,
these areas have a low to moderate-income level that is almost double the City's average
of 35.5 percent.
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The total land area for the North Greenwood Neighborhood Revitalization Strategy Area
is approximately 1.3 square miles. The population in the area is relatively young with the
median age being 33.3. There are approximately 1,537 families in the area with 861
(56%) of the families living as married couples and 540 (35%) of the families living as
single parent households with no husband present.
The area is also primarily residential in nature. There are a total of 3,224 housing units in
this area. The housing conditions vary from dilapidated to sound. The median home
values in this area are lower than the rest of the City. The median value of homes in tract
262 is $39,000 and $65,000 in 261. The median value of homes in the City of Clearwater
is $80,400. The median contract rent is $328 per month for tract 261 and $253 for tract
262. The average rent in tract 261 is $337 per month and $246 for tract 262. The median
contract rent for the City is $393, while the average rent is $433 per month.
The household income in these areas is also lower than the rest of the City. The median
income for the City is $26,971, while the average income is 36,706. The median income
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for tract 261 is $20,700 and $12,716 for tract 262. The average income for tract 261 is
$27,700 and $15,783 for tract 262. There are 199 families in tract 261 who are below the
poverty rate and 140 in tract 262. The unemployment rate for persons 16 years or older is
7.1 percent in tract 261 and 11.1 percent in tract 262. This is over twice the City's rate of
4.8 percent.
South Greenwood Neighborhood Revitalization Strategy Area (SGNRSA)
The total land area for the South Greenwood Neighborhood Revitalization Strategy Area
is approximately .7 square miles. The population in the area is relatively young with the
median age being 31.6. There are approximately 866 families in the area with 536 (62%)
of the families living as married couples and 250 (29%) of the families living as single
parent households with no husband present.
The area is also primarily residential in nature. There are a total of 1,555 housing units in
this area. Their housing conditions vary from dilapidated to sound. The median house
value in this area is lower than the rest of the City. The median value of homes in tract
258 is $53,800. The median value of homes in the City ofCleatWater is $80,400. The
median contract rent is $322 per month for this area and $393 for the City.
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The household income in these areas is also lower than the rest of the City. The median
income for the City is $26,971. The median income for tract 258 is $18,147. There are
168 families who are below the poverty rate. Fifty -six percent of the persons are low to
moderate income. The unemployment rate for persons 16 years or older is 6.1 percent and
4.8 percent for the City.
COMMUNITY CONSULTATION
The community consultation process involves soliciting input on the revitalization
strategy from the residents of the area, owner/operators of businesses, local financial
institutions, non-profit organizations, and community groups. The method used by the
City in this process included holding two public information-gathering meetings in the
community with all the stakeholders, providing a 30-day comment period, holding a
meeting with the local housing advisory board and City Commission, and providing two
additional follow-up meeting with the results.
The first public meeting was held on July 13,2000 for the North Greenwood Strategy
Area and on July 18, 2000 for the South Greenwood Strategy Area. The follow meetings
for the North and South Greenwood Neighborhoods are tentatively set for September 12
and 14,2000. The local housing advisory board meeting to discuss this strategy is
scheduled for September 19,2000. The City Commission will meet to discuss this item
on November 2,2000. The final meeting with all stakeholders is yet to be determined.
Please see pages 21-24 for public comments from the first and second community
meetings.
.
4
.
ASSESSMENT
Level of Employment
According to the 1990 Census, there were 83,351 people living in the City that were 16
years or older. The Census reported that of this population, 57% (47,568) was in the labor
force. Of the total labor force, 45,175 people were employed and only 2,282 were
unemployed. The unemployment rate for the City is only 4.8%.
While the City as a whole demonstrates a vibrant area with employment opportunities,
some communities within the city do not show this type of success. In the Neighborhood
Revitalization Strategy Area (NRSA), the employment outlook is not as bright as the
City. The reason for the disparity varies from education to economic disinvestment. The
census reported that a total of 5,210 people 16 years or older lived in the North
Greenwood Neighborhood Revitalization Strategy Area. Of this total, only 3,368 (65%)
of the people were listed in the labor force. The unemployment rate for this area, which
includes two census tracts, is an aggregate of 9.1 %. The unemployment rate in tract 261
is 7.1 % while the rate for 262 is 11.1 percent.
.
The unemployment rate in the South Greenwood Neighborhood Revitalization Strategy
Area is 6.1 percent. This rate is viewed by the total of 1,694 people 16 years or older in
the workforce with 1,590 being employed.
In both strategy areas there are not enough employment centers to offer employment to
the area workers. In both areas and the City as a whole, a significant number of the
residents in the workforce work outside the neighborhoods. In the City of Clearwater
only 52% of its residents work within the city. This trend continues for the North
Greenwood Neighborhood Revitalization Strategy Area where 66% work within the City.
The mean travel time to work of20.9 minutes suggests that only a very few residents
work within their neighborhood. This is also seen in the demographics for the South
Greenwood Neighborhood Revitalization Strategy Area where the mean travel time to
work is 20.3 minutes and only 53% of the workforce is employed by businesses located
in the city.
Neighborhood Business and Employment Data
Data on the number of businesses located in the area and the number of people employed
was not available.
Access to Capital for Area Businesses
.
5
.
A majority of the businesses located in both strategy areas are small and neighborhood
based. The relatively small population does not offer much opportunity for the businesses
to expand. Potential business owners who seek capital from the private sector have found
it difficult to secure resources. Private sector loans are normally larger than the amount of
the funds needed by area small businesses and have underwriting criteria that most new
or expanded businesses could not meet.
Funding resources available to these businesses are through a small amount of CDBG
funds provided by the City, and a revolving loan fund provided by the National
Development Corporation - Grow Clearwater Fund. Other resources available include the
City's Brownfield Program and economic development funds from the State of Florida.
Housing Needs
There are a total of 3,224 housing units located in the North Greenwood Revitalization
Strategy Area and 1,555 in the South Greenwood Revitalization Area. In the North
Greenwood area, 1,376 (43%) are owner occupied and 1,447 (45%) are rental occupied.
.
The vacancy rate for all housing units in tracts 261 and 262 is 17 percent. The vacancy
rate for non-rental housing units is 3 percent. The vacancy rate for rental housing units is
6 percent. Seasonal, vacant, boarded up, and other units make up the fmal 9% of the
area's vacant units. The low vacancy rate for units for sale and rent tend to suggest that
there are not enough housing units in the area.
The median value for the owner occupied units is $48,700 for the North Greenwood
Strategy Area. The value in census tract 262 is $39,000 and $58,400 for tract 261. The
median contract rent for the area is $290 per month. The contract rent for tract 261 is
$328 per month and $253 for tract 262.
There are 731 (47%) owner occupied units and 645 (41 %) rental occupied units in the
South Greenwood Area. One hundred seventy nine units are vacant. The vacancy rate for
the area is 12 percent. The vacancy rate for owner occupied units is 3% and 4% for rental
occupied units. Seasonal, vacant, boarded up, and other units make up the final 5% of the
area's vacant units. These rates also suggest the need for additional units. The median
value for owner occupied units is $53,800. The median contract rent is $322 per month.
The housing conditions in these areas range from dilapidated to sound. The housing stock
in these areas is some of the oldest in the City. Due to lack of income for home
maintenance, some of the homes require a substantial amount of rehabilitation. Specific
details on the conditions of each home are not available.
Current Avallability of Economic Development or other Community Services
There is only one agency located in the strategy areas that provide direct economic
. development services. Clearwater Neighborhood Housing Services, Inc. provides direct
6
loan funds to new and existing businesses. The agency also provides technical assistance
to potential and existing businesses and assistance with preparation of business plans.
Other agencies that provide economic development services indirectly include Ervin's
All-American Youth Club and the North Greenwood Family Center. Ervin's AlI-
American Youth Club offers a youth business enterprise program and the North
Greenwood Family Center offers a youth program for job skills training.
.
Lockheed Martin Pinellas Works! provides recruitment, orientation, eligibility intake,
assessment, remedial education, GED, life skills training, job training and job placement
services to youth between the ages of 18-21. The Clearwater Stars program provides low
to moderate income hard to place citizens with attitudinal training, job placement, and j ob
development and post placement support. These services will be offered primarily in the
Neighborhood Revitalization Strategy Areas.
There are many organizations located in the strategy area that provide needed services.
These organizations include but are not limited to Community Pride Child Care Centers,
Homeless Emergency Project, Mount Carmel Community Development Center, North
Greenwood Association, North Greenwood Family Center, Alpha Kappa Alpha Sorority,
Safe House, South Greenwood Neighborhood Association, Community Services
Foundation, South Greenwood Family Service Center, Greenwood Panthers, North
Greenwood Community Health Center and the African American Leadership Council.
Their operational resources are generally derived from federal, state or local
contributions.
.
A survey completed by Career Options in 1998, reported that 71% of the agencies that
provide services in the neighborhood revitalization strategy areas serve more than 200
people per year. The categories in which these organizations provide services include
Community Facilities, Education and Training, Community and Neighborhood
Development, Faith, Civic & Volunteerism, Youth Development, Job Skills Training,
Family Support Services, Employment/Job Search Services, Business Development and
Services for Self-Employed, Health Services, Basic Needs and Emergency Services and
Information and Referral. The survey also noted that a majority of the agencies surveyed
stated that they provide services in more than one of the categories listed above.
Unmet Demand for specific types of facilities and services
The survey completed by Career Options viewed the unmet demand for specific types of
facilities and services though the resource categories mentioned in the previous section.
They include the following:
Resource Category A:
Employment Services and Job Search Assistance
Not offered:
Job Banks which list candidate data
Pre-Employment Physical Exams
Pre-Employment Drug Screening
Paid Internship
.
7
. Limited: Subsidized Work Placement
Funding Subsidies for Employment Services
Unpaid Internships
Resource Category B: Job Skills Training
Limited: Electronic Assembly (very low for youth)
Advanced Computer Skills for Youth
Building Trades (none reported for youth)
Bartending and other hospitality occupations
Elderly Care
Building Maintenance
Environmental Technology
Sewing/Clothing & Fashion Trades
Resource Category C: Other Education and Training
Limited: GED Preparation. Low for youth. Some past locations
Discontinued.
College credit for youth
Scholarships
Education Test Preparation
. Business Skills Training for Youth
Practical Economics for Youth
Resource Category D: Individual & Family Support Services and Counseling
Limited: Child Care - Center based care for toddlers
Child Care - Infant Care
Child Care - Evening & Week-end Care
Child Care - After School Care for School Aged Children
Child Care - Young Teens
Individual & Family Counseling
Resource Category E: Services for Small Business, Entrepreneurs, and Self
Employed
None reported for youth
Classes in Small Business Management
Small Business loans, venture capital, start up fees
Funding for Bids on Government Contracts
Resource Category F: Community Facilities
. None Reported Community Training Facilities and A-V Equipment
8
Limited:
Resource Category G:
Resource Category H:
Not Reported:
Resource Category I:
Not Reported:
Resource Category J:
Limited:
Not Reported:
Community Access to Computer Labs
Outpost Offices for Community and Social Services
.
Community & Neighborhood Development, Faith Based,
Civic & Volunteer Activities.
Utilization figures not reported
Basic and Emergency Needs
Emergency Food Services
Abuse shelters/victim services
Health Services
Emergency Health Care
Eye Exams, Dental Care, Hearing Aids, and Family
Youth Development
Mentoring & Teen Council Participation
Summer Camp
After School Activities
Adult participation in Mentoring, Teen Council, Other YD
.
Comments made by the community stakeholders in the first series of public meeting echo
those addressed in the Career Options survey for unmet needs of the community. The
unmet needs stated by the groups are as follows:
. There is a need to take a survey to specifically identify community needs.
. There is a need for a family planning organization.
. There is a need to develop a minority training program for youths to get them
thinking of going into the police and fire departments careers.
. There is a need to build a new community library with a meeting/training room.
. There is a need for more new single family homes.
. There is a need for rehabilitation of existing single family homes.
. There is a need to provide better service delivery in providing housing loans.
. There is a need for more youth social services.
. There is a need for drug awareness training programs.
. There is a need for additional children programs.
. There is a need for a youth mentoring program.
Although there was consensus on the unmet needs of the community, the stakeholders
suggested that a needs analysis should be completed to verify their claims. The future
needs analysis should include the most recent census data.
.
9
.
Community Organizations that is ready and available to assist with economic
developIRenteffor~
There is only one established organization that is ready and available to assist with direct
economic development efforts. Clearwater Neighborhood Housing Services, Inc. has
been providing direct services to business and potential business developers for over
twenty years. Through funds provided by the City of Clearwater, State of Florida and the
Neighborhood Reinvestment Corporation, the agency has offered direct loans to
businesses for start up and business expansions, business plan preparation assistance and
technical assistance.
Two new organizations have been established to provide job placement services in the
Neighborhood Revitalization Strategy Areas. They include Lockheed Martin Pinellas
Works! and Clearwater Stars. Lockheed Martin Pinellas Works provides recruitment,
orientation, eligibility intake, assessment, remedial education, GED, life skills training,
job training andjob placement services to youth between the ages of 18-21. The
Clearwater Stars program provides low to moderate income hard to place citizens with
attitudinal training, job placement, and job creation and post placement support.
.
Skills or Services that are currently unused or underutilized within the community
Please see unmet needs section.
Fledging projects started within the neighborhood but are unable to take root due to
funding
According to the Career Options survey, a majority of all agencies listed in its survey
reported that the lack of funding is the primary reason they are not able to deliver the
services needed in the community. The North Greenwood Family Health Center is a
relatively new organization that provides health care services to families in the strategy
area. They have recently obtained funding to build a new facility and operational support
to provide these services for one year. There is a continuing need to provide fmancial
support for this type of organization. The services rendered by this organization are truly
needed in the community. With fmancial and capacity building support, this organization
can be self sufficient within a few years.
Two other programs that are in their infancy stages include the Clearwater Stars Program
and Lockheed Martin Pinellas Works! Program. Both of these programs providejob
training and placement services for residents in the strategy area. Both programs rely on
fmancial support from local, state and federal grants. Should these funding resources not
.
10
be available to these organizations, they would not survive. The services provided by
these would be lost and there are no other agencies established to provide these services.
.
The North Greenwood Family Center is another fledging program that relies on fmancial
support from public resources. Continual financial support is needed for this program that
provide educational and social skills training to youth in the community.
There are other organizations in the community that also require fmancial support.
However, The greatest need appears to be providing capacity building so these
organizations can become self sufficient.
Problems the community is likely to face as it implements programs
· Hesitation from the private sector (such as banks) to invest in the area
One of the primary impediments disadvantaged communities encounter is lack of
investment or reinvestment from the private sector. The public sector has traditionally
been the catalyst for funding in the redevelopment process. Through the efforts of the
City of CleatWater and CleatWater Neighborhood Housing Services, Inc., private
sector support for housing development has been successful. In the past eight years,
these agencies have been able to generate a commitment of over three million dollars
to help in the redevelopment process.
However, private sector support for economic development has not been as
successful. The only support in this area was a program previously administered by
CleatWater Neighborhood Housing Services, Inc. The program provided an economic
development revolving loan fund through a collaborative effort from local banks. The
program has since been canceled in part due to bank mergers and CNHS involvement
with the State of Florida Small Business Administration Program. An analysis to
view the lack of private sector support for reinvestment in the area has not been
completed.
.
. Community opposition to certain types of development
The neighborhood revitalization strategy areas are primarily residential in nature with
businesses located primarily along North and South Greenwood Avenue. It is
presently a low-income community with the housing stock primarily consisting of
single family homes. The residents of the community have stated that they would like
for their neighborhoods to look like the rest of the City, with rising housing values
and economic development opportunities. Any efforts that would limit this effort
would be opposed by the community. In addition, the North Greenwood community
stakeholders who attended the public meeting on the revitalization strategy, noted that
they will also oppose any efforts that would
- expand the North Greenwood Police Substation.
- increase the number of homeless shelters in the North Greenwood Community
.
11
.
- increase the activities at Russell Street Water Treatment Site
- increase Florida Power transfer lines
- fund any assistance to absentee land owners
- fund housing programs that will build small houses in the community
- provide funds to renovate Fulton A venue Apartments for transitional housing for
the homeless.
- build the North Greenwood Library on a site other than the Jack Russell Field
Stakeholders in the South Greenwood Neighborhood stated that they are opposed to
additional rental housing development and any actions that increase crime and drug
activity .
. Inexperience of local community groups and organizations
.
Most local community groups and organizations have been established for over ten
years and are well established in the community. These community groups include
but are limited to Clearwater Neighborhood Housing Services, Inc., The North
Greenwood Association, Homeless Emergency Project, Ervin's All American Youth
Club, African American Leadership Conference, and South Greenwood Citizens for
Progressive Action. Other new organizations include the North Greenwood Health
Center, Sister's of Respect, North Greenwood Family Center, and various other
neighborhood groups. They are experienced in their particular area of service.
However, technical assistance would enhance the efforts of the groups and
organizations.
.
Crime and/or security concerns at project sites
Police data files show that there were 67,583 calls for services in the North
Greenwood Neighborhood from August 1996 to June 2000. Of those calls, only
15,214 became written reports. The highest written reports (1347) were related to
traffic stops. Drug related written reports accounted for 690 of the 15,214 (.05%)
written reports.
This data also show that there were 30,000 calls for service in the South Greenwood
Neighborhood during the same period. Of those calls, only 6,609 resulted in written
reports. Unlike the North Greenwood Neighborhood, theft in progress resulted in the
most written reports (395). Drug related written reports accounted for only 97 of the
6,609 written reports (.01%).
.
Both strategy areas are very concerned with crime in their neighborhoods. Both areas
also have police substations to foster community-policing efforts. The South
12
Greenwood community has actively participated in crime reduction tactics for years.
The have an organized crime watch program that actively monitors and reports
suspicious activities to the police department. The North Greenwood community also
participates in crime watch efforts.
.
Future efforts to eliminate crime in the strategy areas include working with the City's
Police Department to continue community policing efforts, developing a community
enforcement program, establishing crime watch programs throughout the
neighborhoods and using code enforcement to reduce criminal activities.
Existing code enforcement efforts has benefited the community. The efforts are not
systematic in the neighborhood revitalization areas but based upon code enforcement
efforts practiced throughout the city as a whole.
There were no particular project sites listed as areas of security concerns.
ECONONUCEMWOWERMENT
The residents in the neighborhood revitalization strategy areas stated that they want their
community to look like all others in the City. In order to accomplish this objective, there
is a need to establish and implement strategies that will provide economic empowerment.
The first strategy is to identify and remove any barriers to investment or reinvestment in
the community. The second strategy is to create a collaborative effort to involve internal
and external community organizations in the economic development process. The third
strategy to provide economic empowerment is to increase the number or employment
opportunities to the residents of the community. The fmal strategy involves increasing
public sector infrastructure and capital support. It is estimated that it would take an
additional 15 years to completely revitalize both strategy areas.
.
· Identification and removal of barriers to investment or reinvestment strategy
The lack of investment could be attributed to the high number of substandard structures,
the low per capita income of the residents, the perception of crime, and a declining tax
base. To reduce the number of substandard structures, the City will continue to provide
loans to eligible low to moderate homeowners to repair their structures. In homes that are
dilapidated, funds will be made available to demolish their existing structure and rebuild
a new home on the same site. Relocation funds may be made available to tenants in
substandard structures that are acquired by the City with CDBG or HOME funds. To
further these efforts, the City will continue to use the services of the Community
Response Team for code enforcement. The city's code enforcement efforts help to
remove dilapidated structures and overgrown trashy lots.
To reverse the declining tax base, the City will continue its partnership with local housing
providers to rehabilitate and build new homes in the strategy area. The new homes being
built have housing values higher than a majority of the existing homes current value.
.
13
.
Code enforcement efforts will be used to encourage property owners to keep their
property up to code, thus eliminating blighting conditions that devalue property.
To raise the per capita income in the community will require several actions. The
residents in the community must have skills and access to employment opportunities. The
City will continue to fund projects that provide job readiness, job training and job
placement services. The City will also fund agencies that work with hard to place
individuals and people from the Wages Program.
The crime level in the strategy area is the highest in Clearwater. Police Department crime
statistics identify eleven major crimes for the Federal Bureau of Investigation national
crime database. For the years 1993 through 1995,22,969 such crimes were reported in
Clearwater. The neighborhood strategy areas represented 9,223 of these major crimes.
This level of crime acts as a significant barrier to new investment in the area. To reduce
these levels of crime, the City will continue to use resources available through the Weed
and Seed Program to expand law enforcement opportunities, community policing and
other crime prevention, intervention and treatment programs.
.
The community stakeholders also noted that the City should look at other ways to invest
in projects other than using CDBG and other federal funds. One option mentioned
included floating a housing bond. Other items mentioned to remove barriers for
investment viewed changing the City's Zoning Code to allow for flexibility in
development, increasing code enforcement efforts in the community, and getting the
police department to take an active approach in cleaning up drugs and closing drug
houses.
· Development of a collaborative effort to involve internal and external community
organization in the neighborhood revitalization effort.
The Career Options Survey identified several community organizations that provide
economic development activities in the strategy areas. Some of the organizations are
located in the strategy areas while others are not. The survey also noted that most of the
agencies provide many different services and some of the services are duplicated. To
assist the City in the redevelopment process, the City will use the resources identified in
the survey and form a collaboration from the agencies to establish a united and organized
approach to providing economic development opportunities to the residents of the area.
Both the North and South Greenwood neighborhoods have a variety of social service
agencies and non-profits working to improve and revitalized the community. Over the
past two years, important strides have been made in bringing those groups together to
form a collaborative that will integrate and work together strategically in meeting the
needs of the community. In recent months, the collaborative has met regularly and shares
information on their programs and vision for the future. The agencies in the collaborative
include A Spiritual Change, African American Leadership Council, Inc., Black Child
Development Institute, Clearwater Neighborhood Housing Services, Inc., Del Teens,
. Alpha Phi Alpha Fratemity, Alpha Kappa Alpha Sorority, Delta Sigma Theta Sorority,
14
The Institute for Sisters of Respect, Virtuous Women with a Vision, Inc. and UNO
Federation. The City of Clearwater anticipates that this effort will result in greater focus
and a more comprehensive revitalization, especially since it is community driven.
.
To further these efforts stakeholders in the North Greenwood neighborhood suggested
that the City set aside funds for technical assistance to community organizations for
capacity building and set aside funds for grant writing help for community organizations
so that they can obtain they own funding and become self sufficient and not rely on the
City as much. The stakeholders also noted that agencies that are located in the strategy
should receive frrst priority for funding. They further stated that the existing collaborative
should be informed of matters that affect the community prior to going before the city
approval process and that they should be involved in the decision making process.
South Greenwood stakeholders suggested assistance should be provided to help
neighborhood organizations form a collaborative group to address their community
needs. They also noted that they community should be considered as part of the City's
Neighborhood Planning Program.
· Increase the number of employment opportunities for residents of the strategy area.
There are several existing businesses located in the strategy areas. A majority of these
businesses are classified as mom and pop ventures that hire only a few residents from the
community. Their level of return on their investment is marginal. To increase their levels
or return and possibly hire additional employees, the City will provide loans for business
expansions and offer technical assistance and assistance with developing business plans.
To encourage the creation of new businesses in the strategy areas, the City will provide
loans for start up businesses and develop business incubators. In addition, the City will
develop a promotional strategy to encourage businesses to relocate in the area. The
strategy areas are located in a state-designated enterprise zone, which offer unique
opportunities for new businesses in the community.
.
A large amount of the organizations in the strategy areas rely on volunteer support and
low wage employees to operate their agency. Because they do not have paid or
adequately paid staff, they are not as effective with delivering their services to the
community as they could. To maximize service delivery, the City will continue to fund
operational support for salaries for the agencies that provide services in the strategy area.
In the Fy 2001-02 Action Plan, Clearwater Neighborhood Housing Services, Inc. and
North Greenwood Community Health Center are proposed to receive operating support to
administer their programs. In addition to the organizations listed above, the city also
provides operating support to the North Greenwood Family Service Center with general
fund dollars. Operating support may be provided to other community organizations
during the following fiscal year. The additional support may lead to new jobs for
residents of the community.
To compete in today's job marketplace requires skills and training. Some of the residents
in the strategy areas do not possess them. Many of the residents sixteen years or older do
.
15
.
not have a high school diploma. To provide assistance in this area, the city will continue
to fund organizations that offer assistance with obtaining a graduate equivalency degree,
school drop out prevention, adult literacy, and tutoring programs for school aged
children. The City will also continue to fund programs that offer job readiness training
and other job training related programs.
Stakeholders from the North Greenwood community suggested that the City take the
following approach to increase opportunities for community residents:
- Look at the Jack Russell Stadium for the future site of economic development
activities.
- Fund community based organizations that live in the neighborhood and not those
that only provide some services in the area. This will allow for agencies to hire
additional staff.
- Look at ways to safeguard revenues that are awarded based on neighborhood
demographics. The stakeholders feel that other agencies receive funding based
upon North Greenwood demographics and do not provide any support for the
community.
.
- Recruit minority contractors and subcontractors to bid and work on houses built
with federal funds.
- Develop a plan to use minority vendors for businesses who receive federal
funding.
Comments from South Greenwood stakeholders expressed views to increase the number
of employment opportunities. They stated that the community needs the following to be
successful:
build a neighborhood training center so that agencies that provide job training
and placement services would have a place for training the potential
employees
build a child care facility that is open at different hours so that there is a place
for residents who work on various shifts to leave their children.
establish a job training program that would pay a stipend to participants so
that potential employees can earn while they learn a new skill.
develop a system to enable the existing businesses and potential businesses to
take advantage of the various economic development programs such as the
ones offered through the Small Business Administration.
. · Increasing public sector infrastructure and capital support.
16
Communities that have adequate public infrastructure and capital facilities prosper while
ones that do not are on a downward spiral. Communities with adequate roads, street
lighting, drainage, sidewalks, parks, libraries, schools, community centers, and other
public facilities attract people and businesses.
.
The South Greenwood Revitalization Strategy Area has a community center, swimming
pool, soccer field, fishing pier and picnic area, and baseball fields. The community center
is small and is scheduled for replacement within the next five years. The swimming pool
and sports fields are well maintained. The North Greenwood Strategy Area also has an
adequate supply of recreational facilities. This strategy area contains an aged professional
baseball stadium that is scheduled for demolition in the next five years, a swimming pool
(scheduled to be replaced in the next three years), a community center, a baseball field, a
football field and a park. The park undelWent a major renovation two years ago and is
now a point of interest. A new recreational center is schedule to be completed in three
years. A new library is also due in four years.
In addition to the recreational and library capital improvements, the city has committed to
a street improvement project for Greenwood Avenue from Seminole to Palmetto Street.
To improve the strategy areas, the City will provide of funding for infrastructure and
capital projects. During the next five years the City will fund an infrastructure project for
North Greenwood Avenue, install sidewalks where needed in new housing developments,
clean-up contaminated properties, improve Stevenson Creek and develop a passive park. .
In addition to the infrastructure projects, the City will build a new recreation center,
swimming pool, and library.
The stakeholders suggested that CDBG should not be used to fund public infrastructure
or capital projects.
NORTH GREENWOOD NEIGHBORHOOD REVITALIZATION STRATEGY
AREA
PERFORMANCE MEASURES
To measure the success of the City's redevelopment efforts, the following performance
measures have been established.
Eliminate the poor conditions of structures in the strategy areas
. Demolish one or more structures annually.
. Rehabilitate 10 or more homes annually.
Remediate low-level contaminated sites
.
17
.
. Clean-up one contaminated sites per year.
Reverse declining property values
. Assist 6 new homebuyers in purchasing a home in the strategy areas.
. Assist in the development of 6 new single-family homes per year.
. Bring into code compliance 10 structures per year (Rehabilitation).
Expand business opportunities
. Provide technical assistance to three businesses per year.
. Develop 1 business plans per year.
· Provide 1 business loans per year ($15,000-50,000 loan amounts).
. Facilitate the development of one new business per year.
· Assist in the development of one business incubator per year.
. Assist in the development of a Micro Lending Program.
Create new investment opportunities
.
· Identify one new funding opportunity for housing per year.
. Identify one new funding opportunity for economic development per year.
· Generate $100,000 in private sector investment per year.
. Develop a Community Development Financial Institution over the next five
years.
Increase new job training and placement opportunities
· Fund one community organization that provides job training and placement
servIces.
Reduce the unemployment rate
· Reduce the unemployment rate in the strategy area by one percent over five
years.
Empower neighborhood residents to eliminate crime
· Facilitate the development of a crime watch program over the next five years.
· Facilitate continued community policing efforts in the strategy areas. .
· Facilitate continued policing efforts identified in the Weed and Seed Program.
Strengthen coordination of community organizations in the redevelopment effort
.
18
· Develop a strategic plan with community organizations to deliver services in .
the neighborhood revitalization strategy areas.
· Create funding opportunities for existing and new community organizations to
deliver services.
· Develop a Community-Based Development Organization within the strategy
area.
· Establish information disbursement system to inform the public on matters
that affect their community.
SOUTH GREENWOOD NEIGHBORHOOD REVITALIZATION STRATEGY
AREA
PERFORMANCE MEASURES
To measure the success of the City's redevelopment efforts, the following performance
measures have been established.
Eliminate the poor conditions of structures in the strategy areas
· Demolish one or more structures bi-annually.
· Rehabilitate 10 or more homes annually.
.
Remediate low-level contaminated sites
· Clean-up one contaminated sites per year.
Reverse declining property values
· Assist 4 new homebuyers in purchasing a home in the strategy areas.
· Assist in the development of 4 new single-family homes per year.
· Bring into code compliance 10 structures per year (Rehabilitation).
Expand business opportunities
. Provide technical assistance to two businesses per year.
. Develop 1 business plans per year.
· Assist in the development of one business incubator per year.
Create new investment opportunities
· Identify one new funding opportunity for housing per year.
· Identify one new funding opportunity for economic development per year.
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. Generate $50,000 in private sector investment per year.
Increase new job training and placement opportunities
. Fund one community organization that provides job training and placement
servIces.
Reduce the unemployment rate
. Reduce the unemployment rate in the strategy area by one percent over the
next five years.
Empower neighborhood residents to eliminate crime
. Facilitate the development of a crime watch program over the next five years.
. Facilitate continued community policing efforts in the strategy areas.
· Facilitate continued policing efforts identified in the Weed and Seed Program.
Strengthen coordination of community organizations in the redevelopment effort
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· Develop a strategic plan with community organizations to deliver services in
the neighborhood revitalization strategy areas.
· Create funding opportunities for existing and new community organizations to
deliver services.
. Develop a Community Housing Business Organization within the strategy
area.
· Establish information disbursement system to inform the public on matters
that affect their community.
Summary
Should these performance measures be met within the next five years, both strategy areas
will be significantly revitalized. However, the revitalization process is continual.
Additional measures will still be needed to complete the revitalization process and ensure
that growth continues. Within the next five-year period, the following benchmarks will be
met in the North and South Greenwood Strategy Areas.
· Increase property values in each strategy area by five percent.
· Decrease the number of dilapidated structures by ten percent.
· Reduce the number of police calls for service by twenty percent.
· Decrease the number of substandard housing units by ten percent.
· Reduce the unemployment rate by one percent.
· Increase the level of services in the areas by ten percent.
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NORTH GREENWOOD NEIGHBORHOOD COMMENTS ON THE
NEIGHBORHOOD REVITALIZATION STRATEGY
CRIME AND SECURITY CONCERNS
Work with the police department to continue community-policing efforts.
Develop a community enforcement program.
Continue to establish crime watch throughout the neighborhood.
Continue code enforcements to reduce crime.
COMMUNITY OPPOSITION TO CERTAIN TYPES OF DEVELOPMENT
No more expansion on the North and South Greenwood Police Substations.
No more expansion of the homeless shelters in the North Greenwood Community.
Development of activities to promote water pollution of Stevenson Creek.
Development that promotes additional Florida Power Transfer Lines.
Development that provides funding for absentee owners.
Development of housing programs that build small homes in the neighborhood.
Development of housing programs that fund Fulton Apartments to house the homeless.
The community needs more apartments for people with higher incomes that look nice.
Development of the library on the Jack Russell site. Do not build the library on the Ray
Green Field site.
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IDENTIFICATION AND REMOVAL OF BARRIERS TO INVESTMENT OR
REINVESTMENT STRATEGY
View alternatives to funding housing programs (i.e. float a housing bond to provide
funding for housing and use the CDBG funds for other things).
View zoning regulations to provide for mixed use housing.
Increase code enforcement efforts in the neighborhood.
Encourage the police to become more active in enforcement efforts (drugs, closing of
drug houses, etc).
INCREASE THE NUMBER OF El\tlPLOYMENT OPPORTUNITIES
View the Jack Russell Stadium site for the future site of business for economic
development opportunities.
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Fund community based organizations that are located in the neighborhood and not those
that only provide limited services in the neighborhood. This will allow for community
organizations to hire needed staff.
View ways to safeguard revenues that are awarded based on neighborhood demographics.
Agencies obtain funding based upon the north greenwood demographics and do not
provide any funding to the community based upon their awards.
Recruit minority contractors and subcontractors to bid and work on houses built with
federal funds.
Develop a plan to use minority vendors for businesses funded through federal dollars.
DEVELOPMENT OF A COLLABORATIVE EFFORT TO INVOLVE
INTERNAL AND EXTERNAL COMMUNITY ORGANIZATIONS
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Develop community-based organizations and not fund agencies that do not live/work in
the community.
Set aside funds for grant writing help for the community organizations so that they can
get other funding and not have to rely on the City as much for funding.
Set aside funds for technical assistance for the community organizations in capacity
building.
Allow the existing community collaborative to be involved in the decision making
process for items affecting the community prior to going before the Neighborhood and
Affordable Housing Advisory Board and the City Commission, (empower the existing
collaborative).
Use the existing collaborative in determining the Community Based Development
Organization (CBDO). A CBDO is an organization developed under state or local law in
a specific area that has as its primary purpose the improvement of the physical, social,
economic environment of its service area by addressing one or more critical problems in
the area, with particular attention to the needs if low to moderate income persons.
INCREASING PUBLIC SECTOR INFRASTRUCTURE AND CAPITAL
SUPPORT
Use more general fund dollars for projects and less CDBG dollars.
Do not use CDBG funds on public infrastructure or capital projects.
ELIMINATE POOR CONDITIONS
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Demolish and replace dilapidated housing units.
Compile a list of the number of dilapidated structures.
Fund community based rental rehabilitation (fund rental rehabilitation for property
owners who live in the City and not those who are absentee owners).
Develop additional rental housing units.
Renovate/rebuild North Greenwood Apartments
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Increase code enforcement efforts.
Bury electric lines when new homes are built.
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PERFORMANCE MEASURES
Acquire, construct or build one new business in the community.
Develop an affordable micro lending program.
Provide capital for one start up business per year.
OTHER COMMENTS
Use recycled dollars (program income and unused funds) to fund agencies that are
community based.
Stop using consultants.
Make coffee, drinks and food available at meetings.
Fund the community health center.
Give priority to neighborhood projects in the CDBG application process.
Hold these types of meetings on C-View.
Use the police department telephone dialing system to tell people about public meetings.
Set aside additional dollars for environment.
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SOUTH GREENWOOD RESONSE TO THE NEIGHBORHOOD
REVITALIZATION STRATEGY
CURRENT AVAILABILITY OF ECONOMIC DEVELOPMENT OR OTHER
COMMUNITY SERVICES
Need for more educational opportunities for owners of existing and new businesses.
Need a neighborhood training facility.
Need additional space to hold community meetings.
Need for a child care facility in the South Greenwood Community.
Need for a paid training program to get people into jobs.
Take advantage of the Small Business Administration Programs.
Need to leverage resources.
UNMET DEMAND FOR SPECIFIC TYPES OF FACILITIES AND SERVICES
There is a need for a survey to find out what the needs are.
There is a need for a family planning organization.
There is a need to develop a minority-training program for youth to get them thinking of
going into the police and fire careers.
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There is a need to build a new community library with a meeting/training room.
There is a need for more construction of new single-family homes.
There is a need for better service delivery in providing housing loans.
There is a need for youth social services.
There is a need for drug awareness training programs.
There is a need for additional children programs.
There is a need for a youth mentoring program.
DEVELOPMENT OF COLLARORATIVE EFFORT TO INVOLVE INTERNAL
AND EXTERNAL COMMUNITY ORGANIZATIONS IN THE
NEIGHBORHOOD REVITALIZATION EFFORT
Need to form a collaborative group to address community needs.
Need to be included in the City's Neighborhood Planning Program.
INCREASING PUBLIC SECTOR INFRASTRUCTURE AND CAPITAL
SUPPORT
Clean up Lake Belleview.
Build a new community center.
Build a community library.
Use city owned property to spur development.
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SKILLS OR SERVICES THAT ARE CURRENTLY UNUSED OR
UNDERUTILIZED WITIllN THE COMMUNITY
Establishing method for getting the word out on community forums and meetings.
Establishing a neighborhood beautification program.
PROBLEMS THE COMMUNITY IS LIKELY TO FACE AS IT IMPLEMENTS
PROGRAMS
Planning and Development Services Department to offer more flexibility and faster
response time.
COl\1MUNITY OPPOSITION TO CERTAIN TYPES OF DEVELOPMENT
Increase rental housing development.
Activities that increase crime and drug activity. (No definition given.)
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CITY of CLEARWATER
FY200S-2010
CONSOLIDATED PLANNING DOCUMENT
FY03-06 SHIP Local Housing Assistance Plan
(Text Portion)
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REVISION (6/2005) - City of Clearwater FY2003-2006 LHAP
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CITY CLEARWATER
STATE HOUSING INITIATIVES P ARTNERSIllP (SIllP) PROGRAM
L 0 C A L H 0 U SIN GAS S 1ST AN C E P LAN (LHAP)
State Fiscal Years 2003-04, 2004-05 and 2005-06
BACKGROUND:
This Local Housing Assistance Plan (LHAP) sets forth the three year outline through
which the City of Clearwater Commissioners will implement the provisions of the Florida
State William E. Sadowski Affordable Housing Act adopted on July 7, 1992, Section
420.907 - .9079 Florida Statutes (F.S.) and Chapter 67-37 Florida Administrative Code
(F.A.C.). The legislation includes the creation of the State Housing Initiative Partnership
(SIDP), which is designed to provide for: (i) a sharing between the State and local
governments a portion of the revenue collected from the documentary stamp tax on
deeds, (ii) the establishment of public-private partnership to build, rehabilitate and
preserve affordable housing, and (iii) maximum flexibility to local governments to
determine the use of funds to better meet the responsibilities for affordable housing as set
forth in the comprehensive plan.
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All city and county governments in Florida meeting the eligibility requirements will
receive SIllP funds. Each government will receive at least $350,000. Allocations higher
than $350,000 are determined by population. The SIDP allocation to the City of
Clearwater is estimated to be $900,000 for each fiscal year 2003-04, 2004 -05 and 2005-
06. The allocation may increase or decrease each fiscal year depending on documentary
stamp collections. SIllP requires that the cities and counties prepare a Local Housing
Assistance Plan (LHAP), which must be submitted, to the Florida Housing Finance
Corporation (FHFC).
The City of Clearwater, as an eligible municipality, has approved and adopted Ordinance
No. 5410-93 providing for a local housing assistance partnership program containing
the following provisions:
· Creation of a local housing assistance trust fund as described in Section 420.9075 (5)
F.S.
. Adoption by resolution of a local housing assistance plan as defined in Section
420.9071(14) F.S. to be implemented through a local housing partnership as defmed
in Section 420.9071(18) F.S.
· Designation of the responsibility for the administration of the local housing assistance
plan. Such ordinance provides for the contracting of all or part of the administrative
or other functions of the program to a third person or entity.
. Creation of an affordable housing advisory committee as provided in Section
420.9076 F.S.
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REVISION (6/2005) - City of Clearwater FY2003-2006 LHAP
This Local Housing Assistance Plan meets the following requirements of the Chapter 67-
37 F.A.C.
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· At least 65% of the SIllP funds be used for home ownership activities
· At least 75% of the SIllP funds be used for construction, rehabilitation or emergency
reparrs
· At least 30% of SlllP funds be used to very low income persons and 30% of SlllP
funds be used for low income persons
· That the average sales price or value of units be affordable to the target population
· As evidenced in the "Certification to the Florida Housing Finance Corporation" the
Local Housing Assistance Plan is consistent with the City of Clearwater
Comprehensive Plan and with the Housing Element of that Plan.
· The City of Clearwater Housing Partnership will expend funds received from the
State of Florida in accordance with the "strategies" set forth in its Local Housing
Assistance Plan
· The City of Clearwater will implement the local housing assistance plan to make
affordable residential units available to persons of very low income, low income or
moderate income and to the Special Needs housing population, as defmed in Chapter
67-37.002(11) F.A.C.
· The City of Clearwater, its agents, contractors, sub-grantees, municipalities, non-
profit organizations or for profit entities will not deny assistance to or exclude from
participation any person or entity on the basis of race, religion, creed, color, age, sex,
marital status, familial status, national origin or handicap Section 420.9075(3)(c) F.S.
· All agents, contractors sub-grantees of the City of Clearwater under the SlllP
Program comply with the guidelines, in Section 420.9075(3)(d) F.S. and includes
language in each contract and subcontract to contractually commit each agent,
contractor and sub-grantee to compliance
· If, at any time, during the term of the Local Housing Assistance Plan the City of
Clearwater, or any agent, contractor or sub-grantee is unable to comply with any
provision of this Local Housing Assistance Plan, the City of Clearwater will notify
the Florida Housing Finance Corporation immediately for guidance, direction and
assistance.
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PLAN DEVELOPMENT PROCESS
Locally designed strategies have been determined through the Citizen Participation Plan
which encourages all citizens, including minorities and non-English speaking persons as
well as persons with disabilities to participate in the development of Local Affordable
Housing Plan and housing programs, with particular emphasis on persons of very low to
moderate income. Information and records relating to our proposed use of funds is made
easily accessible to the public for review.
The Citizens Participation Plan established an affordable housing advisory committee
referred to as the Neighborhood Affordable Housing Advisory Board (NAHAB)
consisting of seven appointed residents of the City of Clearwater all of which engage in .
the professional services related to affordable housing and those who are advocates of
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REVISION (6/2005) - City of Clearwater FY2003-2006 LHAP
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affordable housing. The committee includes citizens who are actively engaged as
follows:
· Residential home building industry and/or those areas of labor engaged in home
building.
. Banking or mortgage banking industry
. An advocate oflow-income persons
· Not-for-profit provider of affordable housing and/or a real estate professional
· A citizen who is a resident of one of the City's Neighborhood Revitalization Strategy
Areas
. A citizen who is a resident of East Clearwater
· A citizen who is a resident of the City
All meetings of the Neighborhood Affordable Housing Advisory Board (NAHAB) are
public meetings, and all records are public records. Staff, administrative, and facility
support to the Neighborhood Affordable Housing Advisory Board (NAHAB) is provided
by the City of Clearwater - Economic Development and Housing Department - Housing
Division.
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The NAHAB reviews, monitors and evaluates the physical environment and lifestyle of
very-low to moderate income households assisted by the programs that the City
administers through the Housing Division. The NAHAB also recommends specific
initiatives to encourage or facilitate affordable housing while protecting the ability of the
property to appreciate in value. Such recommendations may include the modification or
repeal of existing policies, procedures, ordinances, regulations or plan provisions; the
creation of exceptions applicable to affordable housing; or the adoption of new policies,
procedures, regulations, ordinances or plan provisions.
The NAHAB reviews local programs by assessing neighborhood needs, formulating
neighborhood goals and objectives, all in constant consult with the Housing Division.
They also establishing priorities for projects within neighborhoods, and in addition,
monitor and evaluate programs and make recommendations to the City Commission
regarding such programs.
The City of Clearwater holds public hearings and meetings to obtain citizen views and
responds to citizen proposals and questions about proposed activities and program
performance. Citizens and other partners emphasize the need for a broad range of
opinion in the establishment of goals, objectives, projects and priorities and in the
application, monitoring and evaluation of funded programs.
Public hearing and meeting dates are advertised by way of public notice in either local
newspapers of general paid circulation and/or the City Clerk's Office, at least 10 days in
advance.
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REVISION (6/2005) - City of Qearwater FY2003-2006 LHAP
The availability of funds will be advertised yearly at least thirty days before the .
beginning of the application period to the public by way of public notice in local
newspapers of general paid circulation in and about the City of Clearwater.
Eligible Sponsors, by means of the City of Clearwater Consolidated Action Plan process,
are considered by application and evaluated by a point system. Points are granted based
on such things as, but not limited to: the economic feasibility of a project, timeliness of
completion, past experience, commitment to expand affordable housing opportunities to
very-low, low and moderate income households, to eliminate slum and blighted areas, to
preserve the housing stock, to increase property values and to enhance community image
in a targeted area, priority. Eligible Sponsors who employee personnel from the WAGES
and Workforce Development Initiatives Program will be given preference in the selection
process as required by Chapter 67-37.005(6)(b)7, F.A.C.
Eligible persons will be served on a first come, first eligible basis, with priority given to
those of the special needs population and households in need of emergency repairs, until
all available funds are allocated. Eligible Sponsors may apply for funds on a project-by-
project basis while funds are available.
SUPPORT SERVICE SIP ARTNERSIDPS
Home Ownershiv Counselinf! Services
Home Ownership Counseling for homebuyers is currently being provided by eligible .
sponsors, approved through the City's Consolidated Plan Process. This counseling
program contains course materials addressing pre-ownership issues.
The established and accredited course materials are acceptable and consistent with those
of local lenders participating in City's housing programs and the Multi-County Mortgage
Bond Program offered through the Housing Finance Authority of Pinellas County,
Florida.
The home buyers counseling and education program is made available to all home buyers
of all income levels with a special effort to include the disabled, elderly, those with
special needs and especially those of very-low to moderate income.
No recapture provisions are proposed as home buyer counseling and education is a
requirement of the City of Clearwater's Down Payment assistance program and of
participating lenders. Home-buyer's counseling and education program certificate is
awarded to each prospective home buyer whether or not that prospective home buyer
obtains fmancial assistance.
Clearwater Homeless Intervention Pro;ect (CHIP)
The ClllP overnight homeless shelter will provide safe lodging for chronic homeless
individuals. The ClllP shelter allows up to 62 persons to begin restructuring their lives .
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REVISION (6/2005) - City of Clearwater FY2003-2006 LHAP
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toward positive development and self-sufficiency. ClllP provides intensive case
management while facilitating assistance for ClllP clients from other agencies that help
the individual get off the street and into independent living on a permanent basis. ClllP's
homeless intervention program addresses the City of Clearwater's five-year Consolidated
Plan list of goals by providing housing and supportive services for the homeless.
Homeless Emerf!ency Pro;ect (HEP)
The Homeless Emergency Project (fmp) serves the homeless population throughout the
City of Clearwater. Homeless Emergency Project offers training and direction toward
self-sufficiency through educational programs and large group workshops that effectively
and comprehensively address the needs of the homeless and fmancially disadvantaged,
leading to greater chances of self-sufficiency and maintaining family continuity.
Partners in Self-Sufficiency (PSS)
Partners in Self-Sufficiency (PSS) assists very-low income families referred by the
Clearwater Housing Authority's Section 8 and family public housing programs to achieve
economic self-sufficiency within a contractual time period.
Relif!ious Community Services (RCS)
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Grace House - Grace House is an emergency shelter for homeless families. The program
offers an 8-weeks program combining basic shelter needs and case management to assist
homeless families in moving towards self-sufficiency.
The Haven - The Haven provides a continuum of services to victims of domestic violence
in an effort to reduce the incidents of domestic violence and reduce the amount of
homelessness occurring due to domestic violence.
Family Resources
Established in 1970, Family Resources has been meeting the immediate needs of
runaway and homeless children. The program goals are to unite children and youth with
their families. In addition to provide these children and youth with safe and comfortable
temporary housing, program staff provide the children and their families with a
continuum of services, including counseling, life skill training and appropriate referrals.
The Kimberly House
The Kimberly House established an emergency transitional housing project for homeless
pregnant women. The Kimberly House provides low-income pregnant women with the
opportunity to gain a self-sufficient lifestyle and secure future for themselves and their
children and offers housing for the entire length of pregnancy or as a smooth transitional
solution prior to long-term placement.
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REVISION (6/2005) - City of Oearwater FY2003-2006 LHAP
Pinel/as Opportunity Council - Chore Services Prof!ram (POC)
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Pinellas Opportunity Council assists elderly persons to maintain their homes in a safe and
sanitary condition, allowing the elderly to remain independent and to avoid pre-mature
institutionalization. POC services include the removal of accumulated debris including
old appliances, tires, building material, furniture and other trash. The goal of POC is to
assist the low-income elderly Clearwater population maintain a decent, independent
living environment.
Hispanic Outreach - Education and Information Prof!ram
The recent immigrants from Latin America are underserved by banking, housing, and
other life enhancing services due to lack of information and training in these topics in the
Spanish language. This project is aimed at reaching a wide audience to teach the basics in
fmancial practices to allow residents to obtain credit, loans, savings and checking
accounts, proper budgeting aimed at enhancing progress in accumulating wealth through
housing investment.
City of Clearwater - Community Response Team (CRT)
The City of Clearwater for many years has been providing community assistance through
several redevelopment programs, community policing programs, neighborhood services,
and other proactive community action groups and services. The City of Clearwater
Community Response Team involves having inspectors walk through the neighborhoods .
and perform door-to-door surveys. This approach offers several advantages and:
· Creates an open dialogue between the citizens and the inspectors
· Allows inspectors to educate citizens on city codes and standards
. Permits a routine inspection of the property
. Allows distribution of free smoke alarms, water saving devices and house numbers,
and
· Creates an opportunity for the City to offer fmancial assistance through State and
Federal funding sources
. Conserves existing areas that are in good condition
. Preserves existing housing stock through rehabilitation
. community redevelopment
The ultimate goal of the Community Response Team is to achieve voluntary code
compliance through education, communication and cooperation, decreasing the number
of non-conforming residences, reducing the decline of housing values, increasing the
investment potential, and enhancing the overall community image.
PARTNERSHIPS
The City of Clearwater through established local housing partnerships and resources
increase the affordability of housing through down payment and closing cost assistance, .
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REVISION (6/2005) - City of Clearwater FY2003-2006 LHAP
low interest rate mortgage loans, grants and other direct subsidies that make market rate
housing affordable to lower income households. Special interest rates, product pricing
structures, special programs and other incentives offered by lenders and real estate
professionals enhance affordability.
The current City of Clearwater housing partnership involves a cooperative effort of the
City of Clearwater and:
Other local municipalities
State of Florida
West Central Florida SlllP Steering Committee
United States Department of Housing and Urban Development
Federal Housing Administration
Veterans Administration
Fannie Mae and Freddie Mac
Florida Housing Finance Corporation
Housing Finance Authority of Pinellas County
Clearwater Housing Authority
Community-based organizations
Builders and developers
Lending institutions
Providers of professional services relating to affordable housing
Support service agencies, and
Organizations representing the interest of persons with special needs.
Each respective individual and/or agency in the partnership has brought forward varying
levels of understanding and viewpoints on affordable housing. The partnership has
identified local needs and provides for a cooperative effort in the production and
maintenance of safe, decent and affordable housing in our communities.
The City of Clearwater's Housing Loan Pool (CHLP) Program allows designated Eligible
Sponsors to partner with the City of Clearwater to provide a variety of housing
development related activities. CHLP provides funding for down payment and closing
cost assistance, acquisition and rehabilitation loans/grants, disabled retrofit loans/grants
and a revolving fund for small single family residential developments, individual single
family rehabilitation projects and single family in-fill housing. The goal of the CHLP
program is to strengthen our community by facilitating affordable housing developments
resulting in increased home ownership and rehabilitation opportunities for the City's low
and moderate income families while improving the housing stock and stimulating further
community development activities in targeted neighborhoods.
The CHLP draws it's funding from two sources: SlllP program and the Home Investment
Partnership Program (HOME) provided by the Federal Department of Housing and
Urban Development
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REVISION (6/2005) - City of Oearwater FY2003-2006 LHAP
Each fund source has specific requirements that govern its use. SlllP funds will be used .
as described within specific planned strategies. HOME funds will be used for the
residential single and multifamily development loan program.
To access the CHLP, the eligible sponsor must fIrst be a designated "participant". Funds
from the loan pool will be made available on a fIrst come, fIrst served basis. Preference
will be given to projects proposed within the targeted areas that benefit very-low to
moderate income residents.
Eligible Sponsors must prepare an application which contains such things as but not
limited to: organizational capacity, project proposal, pro-forma, project budget, financial
analysis, site information, zoning information, proof of clear title, and proof of
environmental assessment. The designated participant must plan to complete the proj ect
within eighteen (18) months. Larger, longer-term projects may be proposed outside of
the loan pool as funding is available. Incentives to designated participants will be
granted to those organizations to facilitate local housing assistance strategies.
The goal of the City of Clearwater is to provide high quality housing to its program
participants at an affordable price. The City of Clearwater will provide fmancial
incentives and awards to designated participants and partners who assist in the
achievement of these goals.
RECAPTURE PROVISIONS
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Although most recapture provisions are stated in each individual strategy, where not
stated, the SlllP funds will be subject to the City's "Recapture Policy", as amended. .
Typically loans to very-low and low income households will be in the form of a deferred
payment type loan and/or in certain cases a grant. Typically grants will be used when a
hardship exist. The terms and conditions of other types of loans/grants and activities will
be those as outlined in the City of Clearwater "Housing Pool" or "Reh abilitation"
underwriting guidelines, as amended from time to time. In certain conditions when a
home is refmanced, the loan may not be subject to recapture if the refinancing meets the
conditions as provided in the City of Clearwater "Subordination Policy", as amended.
STRATEGIES
STRATEGY 1: DOWN PAYMENT AND CLOSING COSTS ASSISTANCE
The City of Clearwater, through its affordable housing programs and through eligible
sponsors shall provide SlllP funds to provide down payment and closing cost assistance
to income eligible homebuyers of very-low to moderate income. Preference will be given
to those individuals who have been displaced through divorce proceedings with evidence
of relinquishment of title to primary homestead property.
In the case of New Construction development, the City may loan funds to Eligible
Sponsors for the construction of eligible housing, and in some cases, the associated .
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REVISION (6/2005) - City of Qearwater FY2003-2006 LHAP
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infrastructure, if the Eligible Sponsor is doing a subdivision. In certain cases it may be
necessary to grant all, or portion thereof, the SlllP funds associated with infrastructure
costs in any development(s) that we may provide funding for infrastructure and other
associated development costs that have multiple lots and where it would not feasible to
recover all the funds/costs due to marketability of the final homes. The interest on the
construction funds will be a zero percent (0%), a low-interest loan, or some combination
thereof. The determination on whether a loan will have an interest rate, will be
determined on a project-by-project basis, depending on such things as, but not limited to
the economics of each project. In most cases the construction funds will be repaid when
the home is sold to an eligible household. In terms of Annual Reporting, only the
assistance that is provided to the eligible household and associated development and
processing fees will be counted because all, or a portion of the funds that are loaned to
the Eligible Sponsor for the construction of an eligible dwelling(s) will be repaid to the
City upon completion of the home. At no time shall the amount of assistance that is
"left-behind" to the eligible household exceed the maximum subsidy levels established in
this plan for this strategy.
The City will also provide funding for assistance to homebuyers that may be used by the
borrower for down payment and/or closing costs, including such things as, but not limited
to, prepaid items and construction interest. The providing of interest rate buy-downs will
also be an eligible activity under this strategy.
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Funds cannot be utilized to payoff debts, collections, or past due amounts and will not be
provided when excessive fees or above market interest rates are being charged.
To be eligible for assistance, the household income of the home buyer must not exceed
the income limits, adjusted for family size as set forth by the income eligibility criteria in
compliance with the SlllP Program, which is based on the current applicable defmitions
of median income for the area adjusted for family size published from time to time by the
u.s. Department of Housing and Urban Development and distributed annually by FHFC.
The homebuyer must, also, be a citizen of the United States of America or a permanent
resident alien possessing a "green card".
Eligible properties are classified as an existing property or newly constructed property
that is publicly or privately held for sale to a potential homebuyer and meets the
following requirements:
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. Is a single family residence
. Is a condominium unit
· Is a townhouse
. Is a manufactured home that meets the provisions of Section 553 F.S.
. Is owner-occupied
· Is built prior to 1978 with no evidence of chipping, peeling or chalking paint, or if
built prior 1978 and if federal funds will be used, the home must be inspected for lead
based paint.
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REVISION (6/2005) - City ofOearwater FY2003-2006 LHAP
· Does not exceed the maximum allowable sales price as established and approved by .
the City and FHFC, as amended when the new sales figures are released annually as a
result of the local Pinellas County Bond Study.
. Must be located within the City limits of Clearwater
Deferred payment or low-interest loans will be available to homebuyers for down
payment and closing cost assistance with the following stipulations:
. Loan term is not to exceed 30 years
· Loans will be secured by a note and subordinate mortgage security instrument
recorded in the public records of Pinellas County, Florida until satisfied
· Repayment of the loan will be a low-interest loan, deferred payment loan at 0% or
some combination thereof
· Deferred payment loans may have a decreasing loan balance that will be defined in
the mortgage note.
· In certain hardship cases, a grant may be used and/or be used in combination with a
loan.
· Repayment of the entire principal balance of the loan is due and payable in full:
. Upon sale or transfer of title to the property
· The property is vacated and/or is no longer the primary residence of the borrower
. The property is converted into a rental unit
· Refmancing or assumption of fmancing the property
· Certain refmancing conditions may allow a loan to remain on the home .
In the event of a natural and/or man-made disaster and a declaration by the local
authorities, State of Florida and/or federal government of a disaster area, any funds that
are unencumbered for the Down Payment and Closing Costs Assistance Strategy, may be
used to assist with disaster recovery efforts. The expenditure of funds must be for
eligible activities as permitted by SlllP statute, rule and/or emergency rule as published
by the Florida Housing Finance Corporation.
STRATEGY 2: REPLACEMENT HOUSING
The City of Clearwater recognizes that the housing stock in its older neighborhoods is
declining. Homes found to be unsafe will be identified through the assistance of non-
profit housing providers, code enforcement, local fire districts and City inspectors.
Homes found to subject to condemnation may be referred for consideration of
replacement. As a result of condemnation, however, homeowners may be caused to
experience displacement. SlllP and/or CDBG funds will be made available to assist with
relocation of the homeowner during the construction period.
SliP funds will be used for the demolition and construction of a new home, replacing the
dilapidated single-family structure.
The City of Clearwater will provide for the replacement of housing units for eligible
very-low and low-income persons. The City of Clearwater shall provide funds to
.
10
REVISION (6/2005) - City of Clearwater FY2003-2006 LHAP
.
demolish and reconstruct and/or develop affordable owner-occupied housing that is found
to be code deficient to the point that rehabilitation is not economically feasible.
The assistance will be provided in the form of a low interest loan, or as a deferred
payment loan or grant, depending on the household's income. The terms and conditions
of the loans and grants will be those as outlined in the City of Clearwater "Housing Pool"
or "Rehabilitation" underwriting guidelines, as amended from time to time. Grants will
typically be used when a hardship exist.
Structures or property with the most immediate threat to the household, public health,
safety and welfare will receive priority consideration.
Applicants must make an attempt to obtain maximum loan financing through traditional
lenders. Proof of applicant's attempt to obtain such fmancing must be evidenced by
either:
. Lender approval letter for maximum qualifying loan amount, or
. Denial letters from two (2) lending sources
.
In the event of a natural and/or man-made disaster and a declaration by the local
authorities, State of Florida and/or federal government of a disaster area, any funds that
are unencumbered for the Replacement Housing Strategy, may be used to assist with
disaster recovery efforts. The expenditure of funds must be for eligible activities as
permitted by SlllP statute, rule and/or emergency rule as published by the Florida
Housing Finance Corporation.
STRATEGY 3: OWNER-OCCUPIED REHABILITATION
The City of Clearwater, through its affordable housing programs and through eligible
sponsors shall provide funds for the rehabilitation of existing owner-occupied single
family residences located within the City limits of Clearwater. Funds shall also be
provided for Eligible Sponsors to purchase and rehabilitation of a single family structures
that may be in need of repair or modernization for the eventual sale to very-low to
moderate income households.
Loans shall be made available to eligible very-low, low and moderate income
households. Priority will be given to very low and low income households. The
assistance may be in the unit as a low interest loan or as a deferred payment loan. In
certain hardship cases, a grant may be used and/or be used in combination with a loan.
Funding for assistance may be used by the homeowner for housing rehabilitation such as,
but not limited to, the following:
.
· Correct'housing code deficiencies
· Eliminate incipient housing code violations
11
REVISION (6/2005) - City of Clearwater FY2003-2006 LHAP
· Eliminate conditions having a demonstrative blighting influence on surrounding .
properties
. Adapt residence to meeting accessibility needs of a handicapped family member
. Alleviate an overcrowded situation
After rehabilitation, the property, including all accessory structures must meet the City of
Clearwater Housing Code Standards.
The property cannot have any restrictions or encumbrances that would unduly restrict the
good and marketable nature of the ownership interest. The property must be occupied by
the owner who is assisted as their primary residence (homestead).
In the event of a local, state, or federal declared man-made and/or natural disaster, the
City of Clearwater would allocate its unencumbered rehabilitation funding from SlllP,
HOME and CDBG to assist very low, low and moderate homeowners with eligible
repairs as permitted by SlllP statute, rule and/or emergency rule as published by the
Florida Housing Finance Corporation. In addition, non-profit organizations participating
in the City's Housing Pool would be encouraged to assist using Housing Pool funding.
STRATEGY 4: EMERGENCY HOME REPAIR
Funds will be provided for emergency repairs and will be made available to eligible very-
low, low and moderate income households. This strategy will be done in conjunction .
with the housing Rehabilitation program the City of Clearwater will provide funds for
emergency repairs that may jeopardize the health, safety and welfare of the household.
Conditions that may be considered as an emergency concern are as follows:
. Structural components that show signs of imminent collapse
. Inoperable heating systems during winter months
. Water leaks in walls or foundation
. Inoperable toilet or hot water heater
. Roof leaks causing electrical hazards, ceiling collapse or structural damage
. Inoperable exterior doors and/or windows, preventing emergency egress
. Exposed bare wires or other imminent fIre hazard
. Collapsed or inoperable chimney or flue
. Falling ceiling
. Lead based paint
. Others as deemed necessary by the construction manager
In the event of a local, state, or federal declared man-made and/or natural disaster, the
City of Clearwater would allocate its unencumbered Emergency Home Repair funding
from SlllP, HOME and CDBG to assist very low, low and moderate homeowners with
eligible repairs as permitted by SlllP statute, rule and/or emergency rule as published by
the Florida Housing Finance Corporation. In addition, non-profit organizations
participating in the City's Housing Pool would be encouraged to assist using Housing
Pool funding.
.
12
.
.
.
REVISION (6/2005) - City of Clearwater FY2003-2006 LHAP
STRATEGY 5: DISABLED RETROFIT
Funding will be made available for the retrofitting of homes occupied by very-low, low
and moderate income who are physically and/or mentally handicapped, or those as
defmed as having Special Needs as per 67-37.002(11) F.A.C. Funding may be used to
retrofit owner occupied units and will be provided in the form of a grant, deferred
payment loan or low interest loan to the eligible household. When the loan to perform
the repairs exceeds that maximum loan-to-value as established in the City of Clearwater
"Rehabilitation" Guidelines, as amended, or when there is a hardship, the assistance may
be in the form of a grant, or a loan/grant combination. Improvements should be limited
to infrastructure and should not include purchase of personal items such as television sets,
computers or telephones. Improvements may include such things as:
. Wheel chair ramps
· Widening of doorways
. Lowering of cabinets
. Installation of grab-bars
· Visual guiding systems for the hearing impaired
. Improvements as deemed necessary for the disabled person to have a normal life
In the event of a natural and/or man-made disaster and a declaration by the local
authorities, State of Florida and/or federal government of a disaster area, any funds that
are unencumbered for the Disaster Retrofit Strategy, may be used to assist with disaster
recovery efforts. The expenditure of funds must be for eligible activities as permitted by
SlllP statute, rule and/or emergency rule as published by the Florida Housing Finance
. Corporation.
STRATEGY 6: MULTIFAMILY HOUSING
Funds may be provided as loans and/or grants to support the acquisition and
rehabilitation or new construction of multifamily housing, including single room
occupancy, transitional housing, or the housing portion of a mixed use facility and/or
mixed income projects. Funds may be used as a match for U.S. Department of Housing
and Urban Development's HOME program and various other programs offered by the
federal government and the State of Florida to produce and preserve multifamily housing.
Eligible Sponsors may apply for funding while funds are available. The terms and
conditions of the funds used in this strategy will be decided on case-by-case basis
depending on the economics of the project and whether or not the project can support a
payment type loan. Loans will be deferred, zero interest, low-interest or some
combination thereof. Typically the City will work closely with the developer and other
funding partners to assure that the proposed development(s) will have an adequate debt-
service-coverage to support all levels of proposed funding.
13
REVISION (6/2005) - City of Oearwater FY2003-2006 LHAP
Recapture will be compliant with the HOME program requirements to ensure
affordability as set forth in the City of Clearwater's Consolidated Plan, providing that the
unit will be leased or rented to an eligible very low or low income household. When
HOME funds are used with SlllP, the most restrictive rules and regulations will apply.
SlllP funds used to match federal HOME program moneys may be repaid to the HOME
program fund if required by federal law or regulations.
.
Loans or grants for eligible rental housing constructed, rehabilitated, or otherwise
assisted under this strategy must be reserved for eligible persons for 15 years or the term
of the assistance, whichever period is longer. The City, Eligible Sponsor or appointed
designee, shall annually monitor and determine tenant eligibility throughout the 15 year
compliance period. For those developments that the Florida Housing Finance
Corporation provides the same monitoring and determination, the City may rely on such
monitoring and determination of tenant eligibility.
Eligible sponsors that offer rental housing for sale before 15 years or that have remaining
mortgages funded under this strategy must give a first right of refusal to eligible nonprofit
organizations for purchase at the current market value for continued occupancy by
eligible persons.
The SlllP assisted units in a rental housing project will be occupied only by households
that are eligible as very-low to low income families. Maximum monthly rent limits will
be those established annually by HUD and distributed by FHFC.
.
The City of Clearwater will establish maximum monthly allowances for utilities and
services and will review and approve rents proposed by the owner for units subject to the
maximum rent limitations. The owner cannot refuse to lease SlllP assisted units to a
certificate of voucher holder under 24 CFR part 982, Section 8 Tenant-Based Assistance:
Unified Rule for Tenant-Based Assistance under the Section 8 Rental Certificate Program
and the Section 8 Rental Voucher Program.
In the event of a natural and/or man-made disaster and a declaration by the local
authorities, State of Florida and/or federal government of a disaster area, any funds that
are unencumbered for the Multifamily Housing Strategy, may be used to assist with
disaster recovery efforts. The expenditure of funds must be for eligible activities as
permitted by SlllP statute, rule and/or emergency rule as published by the Florida
Housing Finance Corporation.
STRATEGY 7: SINGLE FAMILY ASSISTED BOND PROGRAM
The City of Clearwater will provide SlllP funds to an eligible sponsor who shall be a
local Housing Finance Authority (HFA). The SHIP funds will be for eligible very-low,
low and moderate-income households to be used in conjunction with local bond issues.
smp funds will be used to create a blended rate and thereby lowering the interest rate on
the bond fmanced loans for eligible households. Loans can be for acquisition of existing
homes, new construction and rehabilitation of existing homes. .
14
REVISION (6/2005) - City of Clearwater FY2003-2006 LHAP
.
The SlllP funds will be provided to the local HFA at zero percent (0%) interest for very-
low, low and moderate income households and be leveraged with their bond funds. The
bond documents will specify the applicant selection criteria for the programs. Recipients
will be selected based on compliance with all eligibility requirements of the SlllP
Program and thereafter served on a first come, first served basis.
The local HF A will assure that all City SlllP files are properly documented to assure
eligibility and compliance with SlllP guidelines, including expenditure guidelines and
also assure that all households assisted with the City's SlllP funds reside in the City of
Clearwater by providing periodic reports to the City of all Clearwater households
assisted.
SlllP Funds will be repaid to the City when the bond issue meets the Asset Parity Test.
Once the Asset Parity Test is reached (104%) with the bonds, and all premium bonds are
paid off, a portion of surplus funds generated by mortgage repayments will, at the HFA's
direction, be directed back to the HFA. From those funds, the HFA will repay the SlllP
investors (local jurisdictions) and itself on a pro rata basis until all funds deposited in that
issue are repaid. Repayment will be on a semi-annual basis. The Trustee manages those
accounts and each bond issue must meet it's own parity test and they will occur at
different times depending on the maturity of the issue, the number of prepayments and
other issues.
.
In the event of a natural and/or man-made disaster and a declaration by the local
authorities, State of Florida and/or federal government of a disaster area, any funds that
are unencumbered for the Single Family Assisted Bond Strategy, may be used to assist
with disaster recovery efforts. The expenditure of funds must be for eligible activities as
permitted by SlllP statute, rule and/or emergency rule as published by the Florida
Housing Finance Corporation.
STRATEGY 8: FORECLOSURE PREVENTION
Funds will be provided to assist households who have been previously assisted with City
of Clearwater SIDP funds in order to prevent foreclosure. The City will provide funds
only one time to bring a household current with their existing first mortgage, up to a
maximum of six (6) payments or the maximum allowable subsidy under this strategy.
The household must have been assisted with City of Clearwater SlllP, Community
Development Block Grant and/or HOME Investment Partnership funds within the past
five (5) years and in order to provide assistance to bring current, must be very-low, low
or moderate income at the time the Foreclosure Prevention assisted is provided. The
amount of the assistance will be added to the borrower's existing City of Clearwater loan
through a modification of mortgage note. The household must commit to enroll in a
credit counselinglbudgeting course offered by an approved local provider.
.
15
REVISION (6/2005) - City of Clearwater FY2003-2006 LHAP
Assistance will only be provide where a valid (documented) hardship exist that is the .
cause for the delinquency on their fIrst mortgage payments. Such examples of hardship
include, but not limited to:
· Loss of Employment, through no fault ofborrower(s)
· Substantial Decrease in Household Income, through no fault ofborrower(s)
. Death of Spouse
· Temporary or Permanent Disability that Reduces Income
· Recent Divorce that Reduces Income
· Natural Disaster
. Fire
In certain cases where foreclosure on the fIrst mortgage in inevitable, the City may use
SHIP funds to payoff the fIrst mortgage and restructure the loan and/or acquire the
dwelling and sell the property to an income eligible household.
In the event of a natural and/or man-made disaster and a declaration by the local
authorities, State of Florida and/or federal government of a disaster area, any funds that
are unencumbered for the Foreclosure Prevention Strategy, may be used to assist with
disaster recovery efforts. The expenditure of funds must be for eligible activities as
permitted by SlllP statute, rule and/or emergency rule as published by the Florida
Housing Finance Corporation.
LOCAL AFFORDABLE HOUSING INCENTIVES
.
The City of Clearwater has adopted a series of incentives to facilitate affordable housing.
Because Clearwater is nearly "built out" new development is typically done on an "in-
fIll" basis. The City has worked with numerous developers on major construction
projects in the past and in those activities, the City facilitated the developer's
applications, assisted with permitting and provided a variety of incentives making
projects attractive in the City.
The City of Clearwater continues to address the two required statutory affordable housing
incentives through collaboration between those City departments that are involved in the
preservation and production of affordable housing. The two required affordable housing
incentives are: 1. Assurance that permits as defmed in Chapter 163.3164(7) and (8) F.S.
for affordable housing projects are expedited to a greater degree than other projects
(420.9076(4)(a) F.S.; 2. An ongoing process for review of local policies, ordinances,
regulations, and plan provisions that increase the cost of housing prior to their adoption
(420.9076( 4)(i) F.S. The City has utilized the other affordable housing incentives as
contained in 420.9076(4).
In addition to City of Clearwater Staff, and the City's NAHAB reviews, monitors and
evaluates the physical environment and lifestyle of very-low to moderate income .
households assisted by the programs that the City administers through the Housing
16
REVISION (6/2005) - City of Clearwater FY2003-2006 LHAP
.
Division. The City Staff and NAHAB also recommends specific initiatives to encourage
or facilitate affordable housing while protecting the ability of the property to appreciate
in value. Such recommendations may include the modification or repeal of existing
policies, procedures, ordinances, regulations or plan provisions; the creation of
exceptions applicable to affordable housing; or the adoption of new policies, procedures,
regulations, ordinances or plan provisions.
The NAHAB reviews local programs by assessing neighborhood needs, formulating
neighborhood goals and objectives, all in constant consult with the Housing Division.
They also establishing priorities for projects within neighborhoods, and in addition,
monitor and evaluate programs and make recommendations to the City Staff and
Commission regarding such programs.
The City of Clearwater holds public hearings and meetings to obtain citizen views and
responds to citizen proposals and questions about proposed activities and program
performance. Citizens and other partners emphasize the need for a broad range of
opinion in the establishment of goals, objectives, projects and priorities and in the
application, monitoring and evaluation of funded programs.
Due to the relatively low numbers of new construction at the "affordable" level, and the
fact that each development needs different types of incentives, projects are handled on a
case-by-case basis.
.
Typically, the City's Economic Development and/or Housing Division meets with a
prospective affordable housing developer(s) to determine the level of assistance and
needs of the project. Staff then assists the developer through the Building, Planning and
Engineering departments for plan review and the other various applications needed for
approval. This allows the Housing and/or Economic Development Division to
troubleshoot and provide explanations immediately. Because project needs are
established up front, assistance can be provided seamlessly.
I.
17
REVISION (6/2005) - City of Oearwater FY2003-2006 LHAP
ADMINISTRATION
The State Housing Initiatives Partnership Program (SlllP) administration shall not exceed
10% of the City's annual allocation and 5% of program income received:
FY2003-2004 FY2004-2005 FY2005-2006
Salaries/Benefits,
Operating Equipment,
Travel/Training,
Supplies, $90,000.00 $90,000.00 $90,000.00
Membership Dues
TOTAL $90,000.00 $90,000.00 $90,00.00
18
-----,
.
.
.
REVISION (6/2005) - City of Clearwater FY2003-2006 LHAP
. HOUSING DELIVERY GOALS
See Attachment "A" - "Housing Delivery Goals Chart", attached hereto and made a part
thereof.
TIMELINE FOR EXPENDITURES
See Attachment "B" - "Timeline for Expenditures", attached hereto and made a part
thereof.
CERTIFICATION PAGES
See Attachment "C" - "Certification", attached hereto and made a part thereof.
.
.
19
.
CITY of CLEARWATER
FY200S-2010
CONSOLIDATED PLANNING DOCUMENT
Written Comments
.
(There were no written comments received)
.
.
CITY of CLEARWATER
FY200S-2010
CONSOLIDATED PLANNING DOCUMENT
.
Responses to Written Comments
(There were no written comments received)
.
.
CITY of CLEARWATER
FY200S-2010
CONSOLIDATED PLANNING DOCUMENT
Community Survey Forms
.
.
.
.
.
CITY OF CLEARWATER
CIlY HALL, 112 Sourn OSCEOlA AVENUE, CLEARWATER, FWRIDA 33756
TELEPHONE (127) 562-4030 FAX (127) 562-4037
HOUSING DMSION
February 9, 2005
Re: Agency Consultation - City of Clearwater - 2005-2010 Consolidated Plan
Dear Neighborhood Association:
The City of Clearwater is preparing our new five-year 2005-2010 Consolidated Plan for the
funds that we receive through two (2) federal programs: Community Development Block Grant
(CDBG), HOME Investment Partnership (HOME) Programs, and one state program: State
Housing Initiatives Partnership (SlllP) program. The federal programs are targeted to the City's
less fortunate residents, primarily those earning below 80% of the area's median income.
As an organization actively working in the community, you or your organization can participate
in this process by helping the City identify communitywide needs and/or insights into the
problems facing our lower-income residents. This will be very helpful in the formulation of
strategies to address those problems over the next five years. Please participate by completing
the applicable enclosed surveys.
Please note: This is not a grant application. No grant funds will be awarded or reserved based
on your response. The information you provide is solely to help the City identify the range of
needs of its residents.
We would ask that you provide us with your response at your earliest convenience, but not later
than March 4, 2005. You can mail or fax (727.562.4037) your response. In your response,
please identify your primary client base (if applicable) and any services you provide. Should
you have any questions, please call me at 727.562.4031.
Thank you.
Sincerely,
Howie Carroll
Assistant Director of Housing
Enclosed: Survey Form
FRANK HIBBARD, MAYOR
BlI.LJONSON, VICE-MAYOR
HOIT HAMILTON, COUNClLMEMBER
*
JOHN DORAN, COUNCIL\IEMBER
CARLEN A. PETERSEN, COUNCILI.\EMBER
"EQUAL EMPLOYMENT AND AFFIRMATNE ACTION EMPLOYER"
City of Clearwater - Consolidated Plan Needs Survey
.
Name:
Organization:
Phone Number:
Type of services you provide:
Client base:
Number of people you serve
per year, or
per month
The City of Clearwater has two separate federal programs and one state program to help our low-
income residents:
1. The HOME Affordable Housing Program provides direct assistance to individuals to
purchase/rent housing, or to organizations that provide affordable housing for low-
income households. The program can work in tandem with the State's SlllP affordable
housing program. These programs have provided downpayment assistance for first-time
homebuyers, housing rehabilitation and affordable rental projects, including senior
citizen housing.
.
What needs do you see for affordable housing?
(Please attach any studies or information you feel is relevant.)
2. The Community Development Block Grant (CDBG) Program is primarily 'brick &
mortar' in its orientation. Projects can be undertaken where more than 51 % of the
people in a neighborhood have incomes below 80% of the region's median family
income. Our program has provided community improvements such as road
improvements, storm drainage, sidewalks, streetlights, neighborhood parks and
community centers, branch libraries, police & fITe/rescue substations, and senior citizen
centers.
Up to 15% of the CDBG grant can also be used to provide social services to benefit .
low-income people.
02/08/05 -vi
.
.
.
What do you see as the need for the activities under CDBG?
(Please attach any studies or information you feel is relevant.)
3. The State Housing Initiatives Partnership (SIllP) Program is primarily designed to
provide funds to local governments to produce affordable housing and to preserve the
existing housing stock within the community. It is up to the local jurisdictions to
design their programs to serve their housing needs. Seventy-Five percent of the funds
must be used on activities that involve new construction and/or rehabilitation and Sixty-
Five percent of the funds must involved homeownership activities. Further, thirty
percent of the funds must benefit very -low income households and another thirty
percent must benefit low income households.
What do you see as the need for the activities under SlllP?
(Please attach any studies or information you feel is relevant.)
Comments/Other Community Needs:
Thank you for your assistance. Please return by March 4, 2005.
FAX, mail or email to:
Howie Carroll, Assistant Director of Housing
City of Clearwater -
Economic Development & Housing Dept.
112 S. Osceola Avenue
Clearwater, FL 33756
727.562.4030/727.562.4037 fax
howie.carroll@myclearwater.com
02/08/05 -vl
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CITY of CLEARWATER
FY200S-2010
CONSOLIDATED PLANNING DOCUMENT
Minutes of Public Meetings
.
.
.
City of Clearwater
Economic Development & Housing Department
Housing and Community Development Needs - Public Hearing
Countryside Public Library
May 24, 2005 - 6:00 p.m. .
Agenda
I. Welcome
II. Introductions
III. Overview of Programs
IV. Types of Activities
V. 5-Year Plan
VI. Comments
. VII. Wrap-Up
.
City of Clearwater
Economic Development & Housing Department
Housing and Community Development Needs - Public Hearing
Countryside Public Library
May 24,2005 - 6:00 p.m.
Agenda
.
In Attendance:
Howie Carroll, Assistant Director of Housing - City of Clearwater
Michael Holmes, Housing Manager - City of Clearwater
Jerry Spilatro, Community Service Foundation
Meeting began at 6:00 p.m.
Items Discussed:
Mobile Home Parks - Jerry Spilatro stated that there is a growing need to develop a
strategy to deal with the displacement of mobile home residents that we are experiencing
in our City and in the County. Howie Carroll indicated that this is an area that we are
defmitely aware of the growing problem, and of the need to address the displacement of
mobile park residents.
Home Prices - There was a discussion on the escalating home prices in Pinellas County
and on the relatively flat increases in household incomes. This combined with increases
in taxes and insurance, is making obtaining a home harder and harder for our lower
income residents.
.
Crime South Greenwood - Jerry Spilatro spoke about the growing rate of vandalism in
South Greenwood, in particular the breaking of car windows.
~
Affordable Rental Units - Discussion was made on the growing need and shortage of
quality and affordable rental units in the community. Howie Carroll suggested creating a
database that apartment communities could update and that non-profit housing agencies,
could subscribe to, that would provide real-time information on what units are available.
Meeting adjourned at 6:25 p.m.
.
.
CITY of CLEARWATER
FY2005-2010
CONSOLIDATED PLANNING DOCUMENT
Public Notices
.
.
.
City of Clearwater
Neighborhood and Affordable Housing Advisory Board
Notice of Special Meeting/Public Hearing
May 17,2005
The public hearing/special meeting of the City of Clearwater Neighborhood and
Affordable Housing Advisory Board (NAHAB) will be hel d, May 17, 2005, at 9:00
a.m. in the City Council Chambers, 3rd Floor - City Hall, 112 S. Osceola Avenue,
Clearwater, Florida. The purpose of this meeting will be to discuss and approve the
recommended allocations for the FY05-06 Consolidated Action Plan prior to
submitting them to the City Council. Anyone desiring further information may
contact the City of Clearwater - Economic Development and Housing Department -
Housing Division at 727.562.4030. Any person with a disability requiring
reasonable accommodation in order to participate in this meeting should call the
Official Records and Legislative Services Department their request at (727) 562-
4090.
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NOTICE OF AVAILABILITY OF VIEWING
OF
PROPOSED
CITY OF CLEARWATER
FY 2005 - 2006
CONSOLIDATED ACTION PLAN SUMMARY
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The overall goal of the u.s. Department of Housing and Urban Development - Community Planning and
Development programs are to develop viab~ urban communities by providing decent housing and a suitable living
enviromnent and expanding economic opportunities principally for very low to moderate income persons. The
primary means toward this end is to extend and strengthen partnerships among alllevels of government and the
private sector, including for profit and nonprofit organizations, in the production and operation of affordable
housing.
The City of Qearwater proposes to fimd the activities listed below with Connnunity Development Block Giant
Program Fmds (CDBG), HOME Investment Partnership Program Fmds (HOME), and State Housing Initiatives
Partnership (SHIP) Program Fmds. Please note that fundin2 for these and other proiects not listed may increase
or decrease based upon proeram incoIR, prior period adiustments and/or final federal or state allocations.
PROPOSED FUNDING RESOURCES
Commwrity Development Block Grant Program - Entitlement
Commwrity Development Block Grant - Estimated Program Income
HOME Investment Partnership Program - Entitlement
State Housing Initiatives Program - Entitlement
State Housing Initiatives Program - Estimated Program Income
TOTAL
$
$
$
$
$
$
LIST OF PROPOSED ACTMTIES
Housin2 Rehabilitation
City of Clearwater Rehabilitation Program
City of Clearwater Program Delivery Costs
$
$
Pro2ram Administration
Commwrity Development Block Grant Program
HOME Investment Partnership Program
State Housing Initiatives Partnership Program
Gulf Coast Legal Services - Fair Housing Program
$
$
$
$
7/12/2005
1,079,985.00
200,000.00
577,115.00
820,105.00
200,000.00
2,877,205.00
.
497,836.25
100,000.00
240,097.00
57,711.50
92,010.50
15,900.00
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Clearance and Demolition
. City of Clearwater Demolition Program $ 30,000.00
Relocation
City of Clearwater Relocation Program $ 20,000.00
Economic Development
City of Clearwater ED - Program Delivery $ 30,000.00
Public Services
Partners in Self Sufficiency, Inc. - FSS $ 30,000.00
PinelIas Opportunity COlmcil - Chore Services $ 30,000.00
Homeless Emergency Project - Emergency Shelter $ 17,500.00
Clearwater Homeless Intervention Project - Emergency Shelter $ 30,000.00
WestCare of Florida, Inc. - Tmning Point $ 20,000.00
YWCA of Tampa Bay - Hispanic Outreach $ 12,000.00
Gulf Coast Jewish Family Services - Disable & Frail Elderly $ 6,563.60
Personal Enrichment Through Mental Health Services - Emerg. Treatment Ctr $ 6,000.00
Kimberly Home, Inc. - Infant & Toddler Care $ 9,934.40
. Public Facilities and Improvements
Homeless Emergency Project, Inc. - Kitchen & Dining Hall $ 75,000.00
Religious Community Services - The Havens $ 41,250.00
City Project
Gateway Area - Public InfrastructmelFacility Project - City Project $ 105,740.00
Acquisitionllnfill Housing - SF/MF
Acquisition of Real Property - City Project $ 100,000.00
Housin2 Education Pool $ 75,000.00
Tampa Bay CDC - Homeownership Counseling Program
Tampa Bay CDC - Dream of Homeownership Counseling Program
Community Service Foundation - Partnership To Ownership Program
Community Service Foundation - Homebuyer Education Program
Clearwater Neighborhood Housing Service - Housing Education Program
Lighthouse Credit Foundation
Foreclosure Prevention Program $ 25,000.00
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7/12/2005
Housine Pool- SF/MF - DP A., Innll, Rehabilitation, New Construction
- Tampa Bay Community Development COlporation
- Largo Area Housing Development Corporation
- Clearwater Neighborhood Housing Services, Inc.
- Homes for Independence, Inc.
- Community Service FOlmdation. Inc.
- Pinellas Habitat for Humanity
Housing Infill Program Delivery
$
713,094.50
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$
10,000.00
Homeless Activities - acquisition. transitional, shelter, oPerational, etc
$
400,000.00
HOME Proeram - CHDO Set-Aside (150/0 of Allocation)
$
86,567.25
TOTAL FUNDING
$
2,877,205.00
Please send any comments to Mr. Howie Carroll, Assistant Director, City of Clearwater's Economic Development
and Housing Department- Housing Division, P.O. Box 4748, Clearwater, FL, 337584748 by June 25, 2005.
A draft copy of the proposed City of Clearwater FYOS.06 Consolidated Action Plan is available for viewing at the
following locations:
City Clerk's Office, 2nd Floor
City Hall, 112 S. Osceola Ave.
Clearwater, FL 33756
727.562.4090
City of Clearwater - Library East Branch
2251 Drew Street
Clearwater, FL 33756
727.462.6400
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City of Clearwater
Economic Development & Housing Dept. -
Housing Division
City Hall, 1st Floor
112 S. Osceola Avenue
Clearwater, FL 33756
727.562.4030
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7/12/2005
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CITY OF CLEARWATER
FY2005-2010
CONSOLIDATED PLANNlNG DOCUMENT
NOTICE OF PUBLIC BEARING
Two public hearings will be held for the adoption of the City's FY2005-2010
Consolidated Planning Document. The first public hearing will be held during the
Neighborhood and Affordable Housing Advisory Board meeting on July 19, 2005, at
9:00 a.m., and the second public hearing will be held on during the City Council Meetin!
on August 4,2005, at 6:00 p.rn. Both meetings will be held in the Council Chambers, 3
Floor, City of Clearwater, City Hall, 112 South Osceola Avenue, Clearwater, FL.
Anyone desiring further information may contact the City of Clearwater - Economic
Development and Housing Department - Housing Division at 727.562.4030. Any person
with a disability requiring reasonable accommodation in order to participated rev.l&\\r the
plaB should call the Official Records and Legislative Services Department their request at
727.562.4090.
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City of Clearwater
2005-2010 Consolidated Planning Document
Public Review and Comments
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The City of Clearwater - Draft 5-Year 2005-2010 Consolidated Planning Document is
now available for public review and comments for the next thirty (30) days. Funding
programs contained in the Consolidated Plan are the Community Development Block
Grant (CDBG) and HOME Investment Partnership (HOME) Programs. The City also
receives funding from the State of Florida - State Housing Initiatives Partnership (SHIP)
Program that is also allocated through the Consolidated Action Plan process.
The document is available for viewing at the following locations:
City of Clearwater -
Economic Development & Housing Dept. -
Housing Division
112 S. Osceola Ave.
Clearwater, FL 33656
727.562.4030
City of Clearwater - East Library
2251 Drew St
Clearwater, FL 33675
727.462.6400
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City of Clearwater - North Greenwood Library
905 N. Martin Luther King, Jr., Ave.
Clearwater, FL 33755
727.462.6473
All comments must be in writing and sent to: Mr. Howie Carroll, Assistant Director, City
of Clearwater - Economic Development and Housing Department - Housing Division,
P.O. Box 4748, Clearwater, FL, 33758-4748 by July 15, 2005. Anyone desiring further
information may contact the City of Clearwater - Economic Development and Housing
Department - Housing Division at 727.562.4030 or 727.562.4037 fax, or email:
howie.carroll(Q)myclearwater.com. Any person with a disability requiring reasonable
accommodation in order to review the plan should call the Official Records and
Legislative Services Department their request at 727.562.4090.
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NOTICE OF PUBLIC HEARING
HOUSING AND COMMUNITY DEVELOPMENT
NEEDS ASSESSMENT
May 24,2005
The City of Clearwater - Economic Development and Housing Department will be
holding a public hearing to obtain citizens' views on housing and community
development needs as it relates to the preparation of the City's Five-Year (FY2005-
2010) Consolidated Planning Document. The programs covered under the
Consolidated Plan are the Community Development Block Grant (CDBG) and HOME
Investment Partnership Programs (HOME).
The public hearing will be held on Tuesday, May 24, 2005 at 6:00 p.m. at the City of
Clearwater- Countryside Library, 2741 State Road 580, Clearwater, Florida.
The City CDSG and HOME Program Areas include all incorporated areas of the City of
Clearwater.
Persons are advised that if they decide to appeal any decision made at these hearings,
they will need a record of the proceedings and, for such purpose, they may need to
ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based.
Any person having questions regarding this meeting should call the City's Housing
Division at (727) 562-4030, prior to the meeting. Any person with a disability requiring
reasonable accommodation in order to participate in this meeting should call the Official
Records and Legislative SeNices Department to request at (727) 562-4090.
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CITY of CLEARWATER
FY200S-2010
CONSOUDATEDPLA~NGDOCUMENT
Citizen's Participation (and Anti - Displacement) Plan
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CITY OF CLEARWATER
CITIZEN PARTICIPATION PLAN
Updated
June 2005
Prepared by
City of Clearwater
Economic Development and Housing Department -
Housing Division
06/14/05 - rev
TABLE OF CONTENTS
STATEMENT OF PURPOSE..... ............................................................................................. 3
CONSULTATION.............................................................. ............ .................4
PHILOSOPHY OF CITIZEN INVOLVEMENT....................................... ............................. 5
NEIGHBORHOOD & AFFORDABLE HOUSING ADVISORY BOARD ........................... 5
CITIZEN INVOLVEMENT PROCESS. .................. ...... .......... ............................................... 7
SCOPE OF PARTICIPATION................................................................................................ 8
SUBMISSION OF VIEWS AND PROPOSALS...................................................................... 9
PROGRAM AMENDMENT CRITERIA......... ......................... ........................... ................... 9
TECIINICAL ASSISTANCE ............... ...... ........ ...................... .............................................. 10
ADEQUATE INFORMATION..... .............................................................................. ........... 11
ACCESS TO RECORDS............................................................. ........................................... 11
CITIZEN COl.VllVlENTS. ........................ ........................ ........................................................ 11
PERFORMANCE REPORTS................................................................................................ 12
PUBLIC IlEARIN"GS ..... ........ .............. .................................... .............................................. 12
RESIDENTIAL ANTIDISPLACEMENT & RELOCATION ASSISTANCE..................... 12
CONSIDERATION OF OBJECTIONS AND GRIEVANCES............................................. 13
DOCUMENTS....................................................... ...................... .................. .. .................... ... 14
APPENDIX
7/19/2005 - rev
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STATEMENT OF PURPOSE
The City of Clearwater Citizen Participation Plan provides for a process that will promote public
participation in the identification of local needs and priorities in regards to the City's planned
expenditures dealing with the Community Development Block Grant (CDBG) and HOME
Investment Partnership (HOME) Programs. Regulation 24 CFR Part 91.105 requires the City to
develop a plan that encourages participation by very low and low income persons, especially
those living in targeted slum and blighted areas.
The City of Clearwater encourages citizens to participate in the development of the five-year
Consolidated Plan and the Annual Action Planes) that deal with the City's Federal Housing and
Community Development Grant funding. These activities include:
. The Citizen Participation Plan
. Identification of needs and priorities
. The Community Development Block Grant (CDBG), HOME Investment Partnership
Programs
. Program Amendments
. . Program implementation
. Performance Assessment, and
. Consideration of objections and complaints.
While the Consolidated Plan legislation allows each local governing body flexibility in meeting
the requirements, it does mandate certain guidelines. These requirements are developing and
publicizing a plan for citizen participation in the formulation of grant applications and program
development.
The City of Clearwater encourages all citizens to participate in the development of local Housing
and Community Development programs, with particular emphasis on participation by persons of
low and moderate income that are residents of areas targeted for funding. Clearwater will
provide citizens with access to local meetings, information, and records relating to our proposed
use of funds. The Housing Division will offer technical assistance to develop program proposals
for groups representing persons of low and moderate income.
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The City will hold public hearings to obtain citizen views and respond to citizen proposals and
questions about proposed activities and program performance. The City will provide written
answers, within 15 working days, to written complaints and grievances. Clearwater will also
provide translation for non-English speaking residents at public hearings where many non-
7/19/2005 - rev
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English speaking residents are expected to participate. The City encourages minorities and non- .
English speaking persons, and persons with mobility, visual or hearing impairments to
participate in the process.
The City of Clearwater encourages participation of public and assisted housing residents in the
preparation of the consolidated plan. The City also encourages low income residents of targeted
revitalization areas to participate in this process.
Clearwater will provide information to the Clearwater Housing Authority about consolidated
plan activities affecting their developments and surrounding communities.
CONSULTATION
The regulations in 24 CFR Part 91.100 establishes the minimum requirements the City will
follow to consult with the public on the needs of the community that can be addressed with
federal housing and community development funding. These regulations require the city to
consult with the following entities when preparing the Five Year Consolidated Plan:
. The City should consult with other public and private agencies that provide assisted
housing, health services, and social services (including those focusing on services to
children, elderly persons, persons with disabilities, persons with illY/AIDS and their
families, homeless persons) during preparation of the consolidated plan.
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· The City shall consult with State or local health and child welfare agencies and examine
existing data related to lead-based paint hazards and poisonings, including health
department data on the addresses of housing units in which children have been identified
as lead poisoned.
. When preparing the description of priority non-housing community development needs,
the City will notify adjacent units of general local government, to the extent practical.
The non-housing community development plan must be submitted to the state, and, if the
jurisdiction is a CDBG entitlement grantee other than an urban county, to the county.
. The City will consult with adjacent units of general local government, including local
government agencies with metropolitan-wide planning responsibilities where they exist,
particularly for problems and solutions that go beyond a single jurisdiction, to the extent
practical.
. The City will consult with the local public housing agency participating in an approved
Comprehensive Grant program concerning consideration of public housing needs and
planned Comprehensive Grant program activities.
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PHILOSOPHY OF CITIZEN INVOLVEMENT
Citizen participation is important in the development of the five-year Consolidated Plan and/or
one year Action Planes). This plan emphasizes the need for a broad range of citizen opinion in
the establishment of goals, objectives, projects, and priorities in the use of CDBG and HOME or
other funds that the City receives and in the application, monitoring, and evaluation of funded
programs. The philosophy that governs the planning process supports and encourages all sectors
of the community to participate in the development of Clearwater's grant applications and in all
phases of the City's federal and state programs, and to insure that as many citizens as possible
receive adequate information to form their recommendations. The role of the Housing Division
staff is to educate citizens, solicit their opinions, and to translate these opinions into specific
recommendations within the program planning framework.
Citizens should see their recommendations as advisory, recognizing that the final authority for
decision-making rests with the City Council.
NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD
Listed below are various sections from the City's Neighborhood and Affordable Housing
Advisory Board (NAHAB) ordinance.
The City Council has created the NAHAB consisting of seven members who are residents of the
city. Members shall be appointed by the city Council. The board shall include the following:
1. One citizen who is actively engaged in the residential building industry and/or
those areas of labor engaged in residential building industry.
2. One citizen who is actively engaged in the banking or mortgage industry.
3. One citizen who is designated as an advocate for low income persons.
4. One citizen who is a provider of affordable housing and/or a real estate
professional.
5. One citizen who is a resident of the one of the City's Neighborhood
Revitalization Strategy Areas.
6. One citizen who is a resident of the City.
7. One citizen who is a resident of East Clearwater
The NAHAB shall elect from its membership a chairperson, a vice-chairperson, and such other
officers as the board may find necessary. Each officer of the board shall serve for a term of one
year. The chairperson shall not serve consecutive terms as chairperson.
7/19/2005 - rev
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The City Manager shall designate a city employee to serve as staff liaison for the board and to .
assist the board in the performance of its duties, including the appointment of a recording
secretary to meet the administrative needs of the board. Any request by the board for
information, reports, or other significant work efforts that will reasonably be expected to exceed
eight hours of staff time shall require the advance approval of the City Council.
Powers and Duties of the NAHAB
The board shall have the following powers and duties:
(1) Review the programs of the City which are directed to improving the physical
environment and lifestyle of low to moderate income people assisted by the various federal and
state housing and community development programs the city receives, by:
(a) Assessing neighborhood needs;
(b) Formulating neighborhood goals and objectives;
( c) Establishing priorities for projects within neighborhoods;
(d)
(e)
(2)
activities:
(a)
(b)
(c)
(d)
(e)
(t)
(3)
programs.
7/19/2005 - rev
Monitoring programs; and
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Evaluating programs.
The monitoring and evaluation of programs may, , include the following
Attending and participating in public hearings regarding the programs;
Reviewing condition data;
Reporting citizen reactions to projects and programs;
Reviewing reports regarding projects and program activities;
Reviewing goals and objectives and recommending priorities for the order in
which activities are to be undertaken; and
Reviewing applications for the funding of selected programs.
Make recommendations to the city manager and City Council regarding such
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(4) Carry out the duties of an advisory committee when and to the extent that an
advisory committee may be required for the various state and federal housing and community
development programs the city receives.
CITIZEN INVOLVEMENT PROCESS
The City of Clearwater encourages all citizens to participate in the development of Consolidated
Plan, any Substantial Amendments to the Consolidated Plan, Annual Action Plan, and/or Annual
Performance Report. The plan places particular emphasis on participation by very-low to
moderate income persons, particularly those living in slum and blighted areas and in areas where
federal housing and community development funds are proposed to be used, and by residents of
predominantly low and moderate income neighborhoods. The City will take whatever actions
are appropriate to encourage the participation by minorities and non-English speaking persons,
as well as persons with disabilities. Clearwater will also provide translation for non-English
speaking residents at public hearings where many non-English speaking residents are expected to
participate.
The City will solicit citizen involvement at the community level through public meetings and
hearings on community development matters.
1. All aspects of citizen participation shall be conducted openly with freedom of
access to all meetings, information, and public records by all interested persons.
2.
The NAHAB and the Housing Division will solicit the involvement and opinions
of low and moderate income persons, members of minority groups, residents of
the target areas, the elderly, the handicapped, and other persons directly affected
by, or interested in, the community development programs.
3. Where applicable the NAHAB will participate through all stages of the program,
including development of the application, program implementation, monitoring,
and evaluation.
4. The Housing Division and the NAHAB will provide the citizens of Clearwater
with adequate and timely information, through press releases, advertisements,
television programming and neighborhood meetings to enable them to be
involved in decisions at various stages of the program.
5. To ensure that opportunities are available to hearing impaired CItIzens to
participate in the process, the City has installed a telephone device system for the
deaf.
6.
To ensure that opportunities are available to non-English speaking people to
participate in the process, the City will provide an English translator for public
hearings where many non-English speaking residents are expected to participate.
711912005 - rev
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7.
The City will also take measures to encourage participation of residents of public
and assisted housing developments and residents of low income residents of
targeted revitalization areas.
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8. Clearwater will provide citizens with access to local meetings, information, and
records relating to our proposed use of funds. The Housing Division will offer
technical assistance to develop program proposals for groups representing persons
of low and moderate income.
9. The City will hold public hearings to obtain citizen views and respond to citizen
proposals and questions about proposed activities and program performance. The
City will provide written answers, within 15 working days, to written complaints
and grievances. The City encourages minorities and non-English speaking
persons, and persons with mobility, visual or hearing impairments to participate
in the process.
SCOPE OF PARTICIPATION
The NAHAB, as citizen representatives, shall participate through all stages of the program and,
with the Housing Division, will be responsible for the development and inclusion of citizen
comment.
The NAHAB is to comment on all plans and programs they feel necessary before they are .
submitted to the City Council for public hearings. These plans and programs may include:
1. Citizen Participation Plan.
2. The Consolidated Plan
3. Annual Action Planes)
4. Local Housing Assistance Plan (LHAP) (SlllP Program)
5. Identifying community development and housing needs, and the setting of
priorities
6. Subsequent amendments and other changes to the above, and
7. Consolidated Annual Performance and Evaluation Report (CAPER).
The NAHAB is to act as an advisory committee for any programs becoming operational under
the Housing Division. With City Council approval, the Housing Division and/or their designees
may directly assist in the operation of certain types of activities such as, but not limited to, other
types of involvement that become feasible as tools to carry out the programs administered by the .
7/19/2005 - rev
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Housing Division.
The NAHAB is to be given regular progress reports concerning implementation of activities
funded under the Housing Division and will solicit direct opinion from individuals and groups
directly affected by ongoing activities about the effective performance of the implemented
activities.
SUBMISSION OF VIEWS AND PROPOSALS
The Housing Division and the NAHAB encourage the submission of views and proposals
regarding programs by citizens, particularly those low and moderate income persons residing
within targeted areas. This includes submission of such views:
1. Directly to the City during the planning period before public hearings on the
application.
2. Directly to the NAHAB during regularly scheduled meetings.
3. At neighborhood and other public meetings scheduled by the Housing Division
and/or the NAHAB before public hearings.
4. At formal public hearings.
The Housing Division shall respond to all proposals submitted directly to the department, and/or
referred by the NAHAB, including written responses to written proposals stating the reasons for
the actions taken by the City on the proposal.
PROGRAM AMENDMENT CRITERIA
For the purposes of this Plan "Substantial" Amendments to the City's Five-Year Consolidated
Plan, Annual Action Planes), and/or Annual performance reports, shall be defmed as and will be
necessary when:
1. When there is a reallocation/reprogramming of funds equaling more than 50% in the
aggregate of the City's combined CDBG and HOME allocations to an activity(s)
previously described in the Consolidated Plan and/or Annual Action Planes), and/or,
2. A decision is made to carry out an activity not previously described in the Consolidated
Plan and/or Annual Action Planes), (including program income), not previously
described in the Annual Action Plan.
3. The purpose, scope, location(s) or beneficiaries of an activity are substantially changed.
An activity will be considered subs tapti ally changed when any of the following criteria
applies:
7/19/2005 - rev
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A.
The activity will no longer principally benefit the targeted population as
identified in the Consolidated Plan and/or Annual Action Planes).
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B. The activity will no longer address the low and moderate income needs identified
in the Consolidated Plan and/or Annual Action Planes) or the activity ceases to
address the qualifying National Objectives as per 24 CFR Part 570.208.
C. The activity location changes so that the completed activity will principally serve
beneficiaries other than those originally intended.
D. The scope of the activity has increased to the point where its completion would
result in the inability to carry out another approved activity, or would require
reducing the scope of another activity to a point where it would not accomplish its
intended purpose.
4. The City will adhere to all internal City policies in terms notifying and obtaining proper
approvals on all Substantial Amendments.
Before doing any Substantial Amendments to the Consolidated Plan and/or Annual Action
Planes) the City shall provide citizens with information concerning the proposed change(s) and
an opportunity to comment on the proposed amendments(s) and provide reasonable notice of
such proposed changes. The City shall consider such comments and modify the proposed .
changes as appropriate. The City shall make available to the public, and to HUD, a description
of such changes as adopted. The City will provide a period, not less than 30 days, to receive
comments on the Substantial amendment before the amendment is implemented.
The City of Clearwater will consider any comments or views of citizens received in writing, or
orally at public hearings, in preparing Substantial amendments to the Consolidated Plan and/or
Annual Action Planes). A summary of these comments or views shall be attached to any
Ssubstantial amendment of the Consolidated Plan and/or Annual Action Planes).
TECHNICAL ASSISTANCE
The Housing Division shall provide technical assistance through staff or other resources. Such
assistance shall be available regularly:
1. To the NAHAB for their participation in planning, implementation, monitoring,
and evaluation;
2. To groups representing persons of low and moderated income that request
assistance developing proposals for funding under any of the programs covered
by the Consolidated Plan and/or Annual Action Planes);
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3.
To assist citizens in carrying out Consolidated Plan and/or Annual Action Planes)
activities.
ADEQUATE INFORMATION
The City, through the Housing Division will provide full disclosure and public access to citizens,
public agencies, and interested parties, of all program information. The information will include
the following:
1. The expected funds to be available (including annual grants, program income
and any unprogrammed funds);
2. The range of activities that may be undertaken with those funds;
3. The estimated funds proposed for activities that will benefit the low and moderate
mcome persons;
4. The proposed activities likely to result in displacement and the City's plans for
minimizing such displacement of persons because of its proposed activities; and
5.
The types and levels of assistance the City will make available (or to require
others to make available) to persons displaced by funded activities, even if the
City expects no such displacement to occur.
6. The City will publish a summary of the proposed Consolidated Plan and/or
Annual Action Planes) in a local newspaper 30 days before a public hearing. The
advertisement will also identify location in which interested parties can view the
entire document or obtain a copy of the Consolidated Plan and/or Annual Action
Planes). The City will provide copies of the Consolidated Plan and/or Annual
Action Plan(s) as adopted, Substantial amendments, and the performance report
to the public, upon request.
ACCESS TO RECORDS
The City will provide citizens, public agencies, and other interested parties with reasonable and
timely access to information and records about the City's Consolidated Plan and/or Annual
Action Plan(s) and the City's use of funding under the programs covered by this Plan.
CITIZEN COM1\1ENTS
The City will provide citizens with a reasonable opportunity to comment on the Citizen
Participation Plan. The City will publish in local newspapers, such as the St. Petersburg Times,
a notice of public hearing and a notice of availability of the proposed Citizen Participation Plan
and/or Annual Action Planes). Copies of the proposed plan will be available in several areas
7/19/2005 - rev
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throughout the City including, public libraries, the City's Housing Division and City Clerk .
Departments.
The City will establish a 30-day comment period on the Consolidated Plan and/or Annual Action
Planes) to receive public comments. The City will consider any comments or views of citizens
received in writing, or orally at the public hearings, in preparation of the final Consolidated
Plan. A summary of these views and comments and a summary of any comments or views shall
be attached to the final Consolidated Plan and/or Annual Action Planes).
PERFORMANCE REPORTS
The City will provide citizens with reasonable notice and an opportunity to comment on the
annual CAPER reports. The Citizen Participation Plan provides a period of not less that 15
days, to receive comments on the annual CAPER report before its submission.
The City will consider any comments or views of citizens received in writing, or orally at public
hearings, in preparing the performance report. A summary of these comments or views shall be
attached to the performance report.
PUBLIC HEARINGS
The City will hold at least two public hearings on the Consolidated Plan and annual CAPER
report and one public hearing on the Citizen Participation Plan and annual Action Planes). .
Public hearings will address housing and community development needs, development of
proposed activities, and the review of program performance. At least one of these hearings will
be held before the proposed Consolidated Plan is published for comments. For the purposes of
this Citizens Participation Plan, the CAPER, Consolidated Plan and Annual Action Planes), a
meeting of the NAHAB shall be considered a Public Hearing.
The City will place an ad in the local newspaper 10 days before each public hearing to notify the
citizens of each hearing, with sufficient information about the subject of the hearing to allow
informed comments. The public hearings will be held at times and locations convenient to
potential and actual beneficiaries, and with accommodations for persons with disabilities.
RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE
According to section I 04( d) of the Act, the City will adopt, make public, and certify that it is
following a residential anti-displacement and relocation assistance plan providing one-for-one
replacement units (paragraph (c)(I) of this section), and relocation assistance (paragraph (c)(2)
of this section).
Before the City enters a contract committing it to provide funds under this part of any activity
that will directly result in the demolition of low/moderate-income dwelling units or the
conversion of very-low to moderate-income dwelling units to another use, the City will make
.
7/19/2005 - rev
12
.
.
.
public, and submit the following information in writing to the HUD Field Office for monitoring
purposes:
A. A description of the proposed assisted activity;
B. The location on a map and the number of dwelling units by size (number of
bedrooms) that will be demolished or converted to a use other than for
low/moderate-income dwelling units as a direct result of the assisted activity;
C. A time schedule for the commencement and completion of the demolition or
converSIOn;
D. The location on a map and the number of dwelling units by size (number of
bedrooms) that will be provided as replacement dwelling units. If such data are
not available at the time of the general submission, the submission shall identify
the general location on an area map and the approximate number of dwelling
units by size, and information identifying the specific location and number of
dwelling units by size shall be submitted and disclosed to the public when it is
available;
E. The source of funding and a time schedule for the provision of replacement
dwelling units;
F.
The basis for concluding that each replacement dwelling unit will remain a
low/moderate-income dwelling unit for at least 10 years from the date of initial
occupancy; and
G. Information demonstrating that any proposed replacement of dwelling units with
smaller dwelling units (e.g., a 2-bedroom unit with two I-bedroom units) is
consistent with the needs analysis.
CONSIDERATION OF OBJECTIONS AND GRIEVANCES
Any objection or grievance initiated by a citizen and received in written form should first be
referred for administrative disposition to the Housing Division Assistant Director who shall
reply directly to the citizen in written form within fifteen (15) days of receipt, and further
indicate to the citizen avenues of appeal available. If the citizen is not satisfied with the
determination of the Housing Division Assistant Director, he/she may appeal to NAHAB
presenting the complaint in written or oral form. The NAHAB may decide that the staff has
sufficiently addressed the problem and take no further action or it may request that staff respond
in another manner.
7/19/2005 - rev
13
DOCUMENTS
.
Documents used for the Housing Division administered federal and state programs shall be
available upon request, during normal working hours. Copies of the following materials shall be
available from the Housing Division located at City Hall.
1. All mailings and promotional material;
2. Records of hearings;
3. All key documents, including all prior applications, letters of approval,
performance reports, evaluation reports, other reports required by HOD and the
State of Florida, and the proposed and approved Consolidated Plan and/or Annual
Action Plane s) for the current year; and,
4. Copies of regulations and issuance's governing the program;
To give adequate notice of public hearing:
1.
Prior to each public hearing, the City shall publish notice in easily readable type,
no smaller than seven point, in the non-legal section of a newspaper of general
circulation reaching persons of low/moderate-income. The City may supplement
this with advertisements in neighborhood newspapers or periodicals serving
low/moderate-income neighborhoods. The City shall, if required and at the
determination of the City Attorney, publish additional legal notice. Such notices
shall show the dates, times, places and procedures of the hearing, the topics to be
considered, basic information about the program, and the procedures and timing
being followed in the development and approval of the application; and,
.
2. The City may, as appropriate, use radio, television, newspapers, and other media
to publicize public hearings.
.
7/19/2005 - rev
14
.
.
.
I.
06/14/05 - rev
APPENDIX TO THE
CITIZEN'S PARTICIPATION PLAN
OF THE
CITY OF CLEARWATER
POINTS OF CONTACT FOR CONSOLIDATED PLAN ACTIVITIES
As a guide for citizen interaction through the Consolidated Planning process, the
following specific contacts are furnished:
A. FOR THE LOCAL GOVERNMENT:
1. Howie Carroll, Assistant Director of Housing
P. O. Box 4748, Clearwater, FL 33758
Phone: 562-4031
2. Michael Holmes, Housing Manager
P. O. Box 4748, Clearwater, FL 33758
Phone: 562-4032
3. William B. Home, IT, City Manager
P. O. Box 4748, Clearwater, FL 33758
Phone: 462-6700
4. Frank V. Hibbard, Mayor-Councilmember,
City of Clearwater
P. O. Box 4748, Clearwater, FL 33758
Phone: 462-6700
B. FOR THE NEIGHBORHOOD AND AFFORDABLE HOUSING
ADVISORY BOARD:
1. John Sabatier, Chair
907 Monterey Ave
Clearwater, FL 33759
Phone: (813) 224-3527
.
.
.
C.
FOR THE UNITED STATES OF AMERICA:
1. Gary Busey, Director of Community Planning & Development
Lugia Milanese, Community Development Representative
U.S. Dept. of Housing & Urban Development
Jacksonville Office
301 West Bay Street, Ste. 2200, Jacksonville, FL 32202
Phone: (904) 232-1777
II. MEDIA USAGE:
All requisite public notices and advertisements shall be advertised in the Tampa
Tribune and/or St. Petersburg Times. Additional supplementary advertisements
and notices may be placed on in The Weekly Challenger, and other publications.
Ill. DEPOSITORIES OF INFORMATION:
06/14/05 - rev
All program documents, including all mailings and promotional material; records,
prior applications; grant agreements; this plan; performance reports; evaluation
reports; regulations and any other documentation concerning the CDBG, HOME,
and SlllP program are available during normal working hours at the following:
City of Clearwater
Economic Development and Housing Department -
c/o Housing Division
112 South Osceola Avenue
Clearwater, FL. 33758
Copies of any documentation will be furnished to interested persons upon request
and without charge by that office.
In addition, copies of the current Citizen's Participation Plan, the Consolidated
Plan, Annual Action Planes) and the most recent performance report are available
for inspection at the following locations:
City of Clearwater
Economic Development and Housing Department -
c/o Housing Division
112 South Osceola Avenue
Clearwater, FL. 33758
,.
CITY of CLEARWATER
FY200S-2010
CONSOLIDATED PLANNING DOCUMENT
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Tracking Number: 1,442
Actual Date: 08/04/2005
Subject / Recommendation:
Declare as surplus to City needs a 2317.46 square foot portion of the former south
half-right-of-way of Park Street lying within the plat of MEDITERRANEAN VILLAGE IN THE PARK,
Tract 2 that was vacated upon adoption of City Ordinance No. 6879-01, and authorize
appropriate officials to convey title to the Community Redevelopment Agency of the City of
Clearwater ("CRA").
Summary:
On November 15, 2001 the Clearwater City Commission adopted Ordinance No. 6879-01 that
vacated portions of the rights-of-way of Ewing Avenue, Park Street and Pierce Street.
Title to the subject portion of the vacated south half-right-of-way of Park Street vested in the
City as a result of the vacation.
Upon declaring the subject parcel as surplus to City needs, the City will deed the parcel to the
CRA to facilitate the CRA conveying marketable title to Mediterranean Village, LLC, the
ownership entity that will take title to all of the lands lying within the plat of Tract 2,
MEDITERRANEAN VILLAGE IN THE PARK ("Village") as provided in the Assignment of Agreement
For Development and Disposition of Property executed by the City, the CRA, The Balk Company,
Inc. and Mediterranean Village, LLC on July 3, 2002.
A sketch and legal description of the parcel to be declared surplus, and a locator map of Tract 2
of the Village is attached for reference, and available for review in the Office of Official Records
and Legislative Services.
Originating: Engineering
Section Administrative publiC hearings
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: Yes
Advertised Dates: 07/24/2005
Financial Information:
Review Approval
Michael Ouillen
07-20-2005
11: 14:54
Cvndie Goudeau
07-21-2005
14: 19:22
Laura Lioowski
07-15-2005
15:29:08
Garrv Brumback
07-20-2005
14:57:53
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Laura Lipowski
Bill Horne
City Council
=_~,gend!,~5=over Memor~=~.!:!"!!!""w"=_,,,,,
07-15-2005 15:30:03
07-20-2005 17:34:03
a.d
LOCATOR MAP
SURPLUS LANDS TO BE CONVEYEO'TOCRA TO COMPLETE MEDITERRANEAN
VILLAGE TRACT 2 TRANSACTION
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EXHIBIT
"A"
P.O.B.= Point Of Beginning
P.O.C.= Point Of Commencement
R/W = Right Of Way
Mediterranean Village In The Park
P.B. 125 Pgs. 44-46
P-64
589'S7'12"W
63.71'
!'-I 589'57'12"W
Co . 46.67'
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w 589'42'04" W
Co 21.42' ~P.O.C.
"<1'.
N L{) S.E. Corner
Of'.
Parcel 64
oN
~ .... P.O.B.
~ 500'02' 48"E
3.96'
(60' R/W
PARK STREET
- Vac. O.R. 11701 Pg. 1155)
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N89'S7'12"E
123.39'
Park Street Parcel East
Commence at the Southeast corner of Parcel 64 (P-64) Tract 2, Mediterranean Village
In The Park, as recorded in Plat book 125, Pages 44 through 46 of the public records
of Pinellas County, Florida, thence run S, 89' 42' 04" W., along the South line of said
pdrcel 21.42 feet; thence S. 00' 02' 48" E. a distance of 21.75 feet to a point on the
centerline of Park Street, a 60' right of way, as vacated by Official record book 11701,
page 1155 of the public records of Pinellas County, Florida and the POINT OF
BEGINNING, thence continue S. 00' 02' 48" E. a distance of 3.96 feet; thence S. 89'
57' 12" W. a distance of 46.67 feet; thence S. 00' 02' 48" E. a distance of 26.04 feet
to the South right of way line of afore said Park Street, thence S. 89 . 57'12" W.
63.71 feet, along said South right of way, thence N. 23" 29' 22" W. a distance of
32.70 feet; thence N. 89' 57' 12" E. a distance of 123.39 feet to the point of
beginning.
Containing 2291.25 square feet or 0.05 acres more or less.
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
LEGAL SKETCH
PARK STREET PARCEL
..... IV
D. KING
..... NO.
OJ'ARK..,E
_IV
E. BARRETT
SHEET
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D7/11 /2005
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O.J'ARKJ:AST
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EXHIBIT
"A"
Scale I" 30'
This is not a survey
LINE
L1
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LINE TABLE
LENGTH
10.99'
4.77'
11.98'
BEARING
S66'30'38"W
NZ3'Z9'Z2"W
N89'57'12"E
P.O.B.= Point Of Beginning
P.O.C.= Point Of Commencement
R/W = Right Of Way
L3 ~P.O.B.
~~
Mediterranean Village In The Park
P.B. 125 Pgs. 44-46
P-64
DETAIL N.T.S.
PARK STREET
(60' R/W - Vac. O.R. 11701 Pg. 1155)
w 589'42'04" W
00 21,42' ~
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P P.O.C.
:5 N 5.E. Corner
Ul Parcel 64
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P.O.B.
589'57'12"W
127.69'
Park Street Parcel West
Commence at the Southeast corner of Parcel 64 (P-64) Tract 2, Mediterranean Village
In The Park, as recorded in Plat book 125, Pages 44 through 46 of the public records
of Pinellas County, Florida, thence run S. 89' 42' 04" W., along the South line of said
parcel 21.42 feet; thence S. 00' 02' 48" E. a distance of 21.75 feet to a point on the
centerline of Park Street, a 60' right of way, as vacated by Official record book 11701,
page 1155 of the public records of Pinellas County, Florida, thence S. 89' 57' 12" W. a
distance of 127.69 feet, to a point on said centerline and the POINT OF BEGINNING,
thence S. 66' 30' 38" W. a distance of 10.99 feet; thence N. 23' 29' 22" W. a
distance of 4.77 feet; thence N. 89' 57' 12" E. a distance of 11.98 feet to the point
of beginning.
Containing 26.21 square feet or 0.0006 acres more or less.
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
LEGAL SKETCH
PARK STREET PARCEL
...... IY
0, KING
.... NO.
OJ'ARK_W
_IY
E. BARRETT
MET
lOFl
....
07/11 /2005
;;'1
OYARK WEST
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15-295-15E
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N/A
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City Council
Cover Memorandum
Tracking Number: 1,457
Actual Date: 08/04/2005
Subject / Recommendation:
Adopt Ordinance 7447-05 on second reading, amending the Code of Ethics to conform to the
State Ethics Code.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearinq: Yes
Advertised Dates: 07/10/2005
07/24/2005
Financial Information:
Review Approval
Pam Akin
07-11-2005 15:57: 11
Cvndie Goudeau
07-20-2005 09:33:00
\u. \
6\-\
ORDINANCE NO. 7447-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CODE OF ETHICS TO
CONFORM TO THE STATE ETHICS CODE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Code of Ethics of the City of Clearwater is currently
inconsistent with the Florida Code of Ethics for Public Officers and Employees; and
WHEREAS, it is in the best interests of the City to promote consistency for
ease of interpretation of Ethics Code requirements; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Chapter 2, Division 3., Code of Ethics, is hereby amended as
follows:
Sec. 2.301. Code of Ethics.
The Florida Code of Ethics for Public Officers and Employees. provided by
qenerallaw. shall have full effect upon all employees and officeholders under the
City of Clearwater's municipal qovernment.
Sec. 2.302. Definitions.
The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
City employee means any person employed by the city or any of its departments,
agencies, commissions, authorities or boards, whether on a full- or part-time
basis.
City officer means any person elected or appointed to any public office or public
body of the city, whether paid or unpaid and whether part- time or full-time.
Sec.2.30e3. Disclosure of interest.
In any manner pending before a city employee or city officer or the governmental
body with which the officer or employee is associated, where such officer or
employee or a member of his immediate family or a business partner of such
officer or employee has a financial interest, direct or indirect, personal or
business, but distinct from the interest of the general public, the city officer or city
employee shall, prior to any deliberation on the matter, publicly disclose the
Ordinance No. 7447-05
nature and extent of such interest in the official records of the governmental body
before which the matter is pending.
(Code 1980, 9 23.06)
Soc. 2.307. Incompatiblo employment.
No city officer or city employee shall engage in private employment 'Nith or
render services for any person or business entity currently having business
transactions 'Nith any city governmental body unless he first shall have made full
public disclosure of the nature and extent of such proposed employment or
cervices, and has cecured the approval therefor of the city commission, in the
case of city officers, or of the appointing authority, in the case of city employees.
That portion of the standard of conduct imposed by this section relating to prior
approval shall not apply to elected city officers and city board members.
Sec.2.3084. Former city officer or city employee conducting business with public
body.
No former city officer or city employee shall represent a person or business entity
for compensation on any matter before the government body with which he has
been associated for two years after he leaves that body.
Sec. 2.309. Disclosure statement.
(1) In addition to the disclosure requirements under F.S. S 112.3145, the mayor
commissioner, the city commissioners, the city manager, all assistant city
managers, all administrative assistants to tho city manager, the city attorney, all
assistant city attorneys, all dopartmont and division heads, the right of way
agent, and employees engaged in doing municipal purchasing shall prepare and
file with the city clerk, in affidavit form, a disclosure statement containing a listing
of, without reference to amount, each individual source of income, including
trusts, of the parties named in this section, each person's spouse and minor
children if any; any interest hold by any of the individuals named in this section in
any business whether it be a partnership, corporation, proprietorship or holding
company; all real property whether o'llned in 'Nhole or in part in the st3te by tho
individuals named in this section or their spouses; and all liabilities, individually or
jointly, of the individuals named in this section and their spouses in excess of
$1,000.00, excluding therefrom a home mortgage, motor vehicle or boat
mortg3ge and any retail charge accounts.
(2) Every city officer or city employee, required by this section to file a disclosuro
statement, shall file such statement relative to the previous calendar year no later
than 12:00 noon of July 15 of 03ch Y03r, including the July 15 following tho 13st
ye3r he is in office. The first statement required by this section shall be filed
within 15 days of the date this division becomes effective. Succeeding
Ordinance No. 7447-05
statements shall be filed on the date set out in this section. Every city officer or
city employee, mentioned in subsection (1) of this section ':.'ho is appointed shall
file the required disclosure statement within 30 days after the date of
appointment.
(3) In addition to any other penalty provided in this division, if any individual
designated by this section fails to comply 'Nith this section, such failure shall be
deemed nonfeasance in office.
('1) The disclosure statements required by this section shall be public records
within the meaning of F.S. S 119.011.
Sec. 2.310. Civil remedy available.
(1) Violation of any of the provisions of this division, including but not limited to
any failure to file disclosures, in addition to any criminal penalty shall subject the
violator to a civil penalty not to exceed $5,000.00 or restitution of any pecuniary
benefits received because of the violation committed.
(2) The civil penalty provided for in this section shall be recoverable by and shall
accrue to the city in a civil action brought by the city.
Sec. 2.305. Offers of Gifts or Gratuities.
Employees will accept only authorized compensation for the performance of their
duties and will respectfully decline any offers of Qifts or gratuities from any entity
doinq business with the City of Clearwater. The standard of conduct imposed by
this subsection shall not apply to invitations or courtesies extended to employees
on a qroup basis.
Sec. 2.306. Penalty for Violation.
The penalty for violation of the Code of Ethics shall be as provided by qeneral
law. The City Council may. by resolution. provide for procedures by which a
covered public official or employee may be removed from office for violation of
the above-mentioned Code of Ethics.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Ordinance No. 7447-05
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7447-05
~""'~ter
u~
City Council
Cover Memorandum
Tracking Number: 1,458
Actual Date: 08/04/2005
Subject / Recommendation:
Adopt Ordinance 7448-05 on second reading, amending Article VIII, Chapter 2, Code of
Ordinances to amend definitions and requirements for lobbyists.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/10/2005
07/24/2005
Financial Information:
Review Approval
Pam Akin
07-11-2005 16:14:58
Cvndie Goudeau
07-20-2005 09:33:59
C-R-d
\().d
ORDINANCE NO. 7448-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO LOBBYISTS; AMENDING ARTICLE VIII, CHAPTER 2,
CODE OF ORDINANCES TO AMEND DEFINITIONS AND
REQUIREMENTS FOR LOBBYISTS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Code regarding lobbyists is currently inconsistent with the Pinellas
County Code; and
WHEREAS, it is in the best interests of the City to promote consistency for ease of
interpretation of Code requirements; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article VIII, Chapter 2, Code of Ordinances is hereby amended as follows:
ARTICLE VIII. REGISTRATION OF LOBBYISTS
Sec. 2.700. Definitions.
[For the purposes of this article, certain terms shall have the meanings ascribed to them in this
section, unless the context clearly indicates otherwise.]
Compensation means any payment received or to be received by a lobbyist for the performance
of lobbying activities. The compensation is a fee, salary, retainer, forbearance, forgiveness or
any combination thereof.
Expenditure means a payment, distribution, loan, advance, reimbursement, deposit or anything
of value made by a lobbyist or a principal for the purpose of lobbying.
Lobbying means meeting privately with a member of the City Council, for the purpose of
encouraging the passage, defeat or modification of any item pending before the City Council.
Lobbyist means any person who for compensation engages in lobbying as defined in this article.
Principal means the person, firm, corporation or other entity which has retained or employed a
lobbyist.
Sec. 2.701. Registration.
Alllobbyist~ shall sign in, at the time of the lobbying, in a notebook for that purpose in the City
Council reception area. Annually, they shall also register on a registry of lobbyists maintained
and available for public inspection in the Office of Records and Legislative Services, on or
before January 1 of each year following the lobbying activity. The lobbyist shall provide his or
her name, business address, the name and business address of each principal represented, the
general and specific areas of legislative intent, and the nature and extent of any direct business
association or partnership with any current member of the Council. The City Clerk shall provide
forms on which the lobbyists may supply the aforesaid information.
In the event any lobbying meeting as defined herein occurs outside of City offices in Clearwater,
the lobbyist shall register on or before January 1 of each year following the lobbying activity.
Sec. 2.702. Reserved.
Sec. 2.703. Statement of lobbying expenditures.
8. lobbyist shall annually on or before January 1 of each year submit to the city clerk a signed
statement under oath listing all lobbying expenditures for the preceding calendar year, the
source of the funds and an itemization as to the amount expended for each councilmember,
board member :md consultant by each registered lobbyist. The statement shall be made on
forms provided by the City Clerk.
The City Clerk shall maintain the expenditure statements in a book or file which shall be open
for public inspection. On January 1 of each year, the Clerk shall notify any registered lobbyist
who has failed to file the required report. Any lobbyist who has further failed to file by February
1, in additions to any other penalty provided for herein, shall not be permitted to reregister as a
lobbyist or to engage in any further lobbying activities.
Sec. 2.704. Exceptions.
(a) The following persons shall not be required to register:
(1) An elected official or government employee acting in his official capacity or in connection
with his job responsibilities.
(2) A person who appears at the specific request or under compulsion of the council, board
or staff member;
(3) Expert witnesses or other persons who give testimony about a particular matter or
measure but do not advocate passage or defeat the matter or measure or any
amendment thereto.
(4) Any person who appears at a public hearing or administrative proceeding or quasi-
judicial proceeding before the City Council, any board or staff member and has
no other communication on the matter or subject of the public hearing,
administrative hearing or quasi-judicial proceeding.
(5) Any person in contractual privity with the city who appears only in his or her official
capacity.
(b) This article shall not apply to discussion or negotiations on matters in litigation.
Sec. 2.706. Violations.
2
Ordinance No. 7448-05
(a) A first violation of the provisions of this article shall result in the issuance of a warning by
the city attorney's office. The penalties for subsequent violations are as provided in
section 1.12 of the Code of Ordinances of the City of Clearwater.
(b) The validity of any action or determination of the commission, b03rd or staff shall not be
affected by the failure of any person to comply with the provisions of this article,
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
3
Ordinance No. 7448-05
~""f'lfthter
u~
City Council
Cover Memorandum
CA-3
\CJ, -~
Tracking Number: 1,459
Actual Date: 08/04/2005
Subject / Recommendation:
Adopt Ordinance 7450-05 on second reading, annexing certain real property whose post office
address is 2346 Ella Place, into the corporate limits of the city, and redefining the boundary lines
of the city to include said addition.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/10/2005
07/24/2005
Financial Information:
Review Approval
Pam Akin
07-11-2005
16: 19:27
Cvndie Goudeau
07-20-2005
09: 28 :46
ct'-3
ORDINANCE NO. 7450-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF ELLA PLACE, APPROXIMATELY 160 FEET
WEST OF DORA AVENUE, CONSISTING OF LOT 66, ROLLING
HEIGHTS, WHOSE POST OFFICE ADDRESS IS 2346 ELLA
PLACE, INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 66, Rolling Heights, according to the plat thereof, as recorded in Plat Book 43,
Page 1, Public Records of Pinellas County, Florida (ANX2005-03007)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7450-05
'---1
2384
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Proposed Annexation
Owner Tracy Lynn Case: ANX2005-03007
Site: 2346 Ella Place Property 0.20
Size (Acres):
Land Use Zoning
PIN: 07-29-16-76446-000-0660
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 281A
Ii
I I
L-l
CA-~
~~
u~
City Council
Cover Memorandum
\() .L\
Tracking Number: 1,460
Actual Date: 08/04/2005
Subject / Recommendation:
Adopt Ordinance 7451-05 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city, to designate the land use for certain real property whose post
office address is 2346 Ella Place, upon annexation into the City of Clearwater, as Residential
Low.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/10/2005
07/24/2005
Financial Information:
Review Approval
Pam Akin
07-12-2005
16:11:58
Cvndie Goudeau
07-20-2005
09:30: 14
CA-<--l
ORDINANCE NO. 7451-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF ELLA PLACE, APPROXIMATELY 160 FEET
WEST OF DORA AVENUE, CONSISTING OF LOT 66, ROLLING
HEIGHTS, WHOSE POST OFFICE ADDRESS IS 2346 ELLA
PLACE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 66, Rolling Heights, according to the plat thereof,
as recorded in Plat Book 43, Page 1, Public Records
of Pinellas County, Florida (ANX2005-03007)
Land Use Cateaorv
Residential Low
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7450-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7451-05
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Owner Tracy Lynn Case: ANX2005-03007
Site: 2346 Ella Place Property 0.20
Size (Acres):
Land Use Zoning
PIN: 07-29-16-76446-000-0660
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 281A
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Tracking Number: 1,461
Actual Date: 08/04/2005
Subject / Recommendation:
Adopt Ordinance 7452-05 on second reading, amending the zoning atlas of the city by zoning
certain real property whose post office address is 2346 Ella Place, upon annexation into the City
of Clearwater, as Low Medium Density Residential (LMDR).
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearinq: Yes
Advertised Dates: 07/10/2005
07/24/2005
Financial Information:
Review Approval
Pam Akin
07-12-2005 16:12:37
Cvndie Goudeau
07-20-2005 09:31:44
I---~---
Ct\ -5
ORDINANCE NO. 7452-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF ELLA PLACE, APPROXIMATELY 160 FEET WEST OF DORA
AVENUE, CONSISTING OF LOT 66, ROLLING HEIGHTS,
WHOSE POST OFFICE ADDRESS IS 2346 ELLA PLACE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 66, Rolling Heights, according to the plat thereof,
as recorded in Plat Book 43, Page 1, Public Records.
of Pinellas County, Florida (ANX2005-03007)
Zoninq District
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7450-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7452-05
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Owner Tracy Lynn Case: ANX2005-03007
Site: 2346 Ella Place Property 0.20
Size (Acres):
Land Use Zoning
PIN: 07-29-16-76446-000-0660
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 281A
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_~,~'''~"~,, Agm~!!d a ~,~y~r M emora ~(t'::tl!!m'='_"'"
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Tracking Number: 1,462
Actual Date: 08/04/2005
Subject / Recommendation:
Adopt Ordinance 7453-05 on second reading, annexing certain real property whose post office
address is 2300 Drew Street, into the corporate limits of the city, and redefining the boundary
lines of the city to include said addition.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/10/2005
07/24/2005
Financial Information:
Review Approval
Pam Akin
07-12-2005 16: 13: 16
Cvndie Goudeau
07-20-2005 09:26:40
ORDINANCE NO. 7453-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF DREW STREET, BETWEEN TERRACE DRIVE
EAST AND ANNA AVENUE, CONSISTING OF PARCEL I
CONSISTING OF A PORTION OF SECTION 8, TOWNSHIP 29
SOUTH, RANGE 16 EAST, AND PARCEL II CONSISTING OF
LOTS A AND B, ROLLING HEIGHTS AND LOT 31, BLOCK A OF
FIRST ADDITION TO TEMPLE TERRACE, TOGETHER WITH
THE .51 ACRES OF ABUTTING TERRACE DRIVE EAST AND
ANNA AVENUE RIGHT-OF-WAYS, WHOSE POST OFFICE
ADDRESS IS 2300 DREW STREET, INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Parcell: A portion of Section 8, Township 29 South, Range 16 East, see legal
description attached hereto, and Parcell: Lots A and B, Rolling Heights, according
to the map or.plat thereof as recorded in Plat Book 43, Page 1, Public Records of
Pinellas County, and Parcel II: Lot 31, Block A of First Addition to Temple Terrace,
according to the map or plat thereof as recorded in Plat Book 41, Page 9, Public
Records of Pinellas County, Florida, together with the .51 acres of abutting Terrace
Drive East and Anna Avenue right-of-ways.
(ANX2005-03008 )
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
Ordinance No. 7453-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7453-05
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Proposed Annexation
Owner CARS-DB4 LP Case: ANX2005-o3008
Site: 2300 Drew Street Property Size 1.18
(Acres): 0.51
Land Use Zoning
PIN: 07-29-16-76446-000-1040
From: CG (County) C-2 (County) 07-29-16-90126-001-0310
To: CG (City) C (City) Atlas Page: 281A
City Council
,,,_=~g,~nda.....!=Ever Memoran~ul!'_==,....."=_"..,..,,
CA-7
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Tracking Number: 1,463
Actual Date: 08/04/2005
Subject / Recommendation:
Adopt Ordinance 7454-05 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city, to designate the land use for certain real property whose post
office address is 2300 Drew Street, upon annexation into the City of Clearwater, as Commercial
General.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/10/2005
07/24/1005
Financial Information:
Review Approval
Pam Akin
07-12-2005
16: 13:52
Cvndie Goudeau
07-20-2005
09:27:38
ORDINANCE NO.7 454-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF DREW STREET, BETWEEN TERRACE DRIVE
EAST AND ANNA AVENUE, CONSISTING OF PARCEL I
CONSISTING OF A PORTION OF SECTION 8, TOWNSHIP 29
SOUTH, RANGE 16 EAST, AND PARCEL II CONSISTING OF
LOTS A AND B, ROLLING HEIGHTS AND LOT 31, BLOCK A OF
FIRST ADDITION TO TEMPLE TERRACE, TOGETHER WITH
THE .51 ACRES OF ABUTTING TERRACE DRIVE EAST AND
ANNA AVENUE RIG HT-O F-WAYS , WHOSE POST OFFICE
ADDRESS IS 2300 DREW STREET, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS COMMERCIAL GENERAL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property Land Use Cateqorv
Parcell: A portion of Section 8, Township 29 South, Commercial General
Range 16 East, see legal description attached hereto,
and Parcell: Lots A and B, Rolling Heights, according
to the map or plat thereof as recorded in Plat Book 43,
Page 1, Public Records of Pinellas County, and Parcel II:
Lot 31, Block A of First Addition to Temple Terrace,
according to the map or plat thereof as recorded in Plat
Book 41, Page 9, Public Records of Pinellas County, Florida,
together with the .51 acres of abutting Terrace Drive East
and Anna Avenue right-of-ways. (ANX2005-03008)
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7453-05.
PASSED ON FIRST READING
Ordinance No. 7454-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7454-05
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Future Land Use Map
Owner CARS-DB4 LP Case: ANX2005-o3008
Site: 2300 Drew Street Property Size 1.18
(Acres): 0.51
Land Use Zoning
PIN: 07-29-16-76446-000-1040
From: CG (County) C-2 (County) 07-29-1 6-90126-001-0310
To: CG (City) C (City) Atlas Page: 281A
b
_".""...~genft~~tfO~!!!w..M,~!1!orandum
City Council
CA-8
\D. ~
Tracking Number: 1,464
Actual Date: 08/04/2005
Subject / Recommendation:
Adopt Ordinance 7455-05 on second reading, amending the zoning atlas of the city by zoning
certain real property whose post office address is 2300 Drew Street, upon annexation into the
City of Clearwater, as Commercial (C).
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/10/2005
07/24/2005
Financial Information:
Review ADDroval
Pam Akin
07-12-2005 16: 14:42
Cvndie Goudeau
07-20-2005 09:25:40
ORDINANCE NO. 7455-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF DREW STREET, BETWEEN TERRACE DRIVE EAST AND
ANNA AVENUE, CONSISTING OF PARCEL I CONSISTING OF A
PORTION OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 16
EAST, AND PARCEL II CONSISTING OF LOTS A AND B,
ROLLING HEIGHTS AND LOT 31, BLOCK A OF FIRST
ADDITION TO TEMPLE TERRACE, TOGETHER WITH THE .51
ACRES OF ABUTTING TERRACE DRIVE EAST AND ANNA
AVENUE RIGHT-OF-WAYS, WHOSE POST OFFICE ADDRESS
IS 2300 DREW STREET, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS COMMERCIAL (C); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Parcell: A portion of Section 8, Township 29 South,
Range 16 East, see legal description attached hereto,
and Parcell: Lots A and B, Rolling Heights, according
to the map or plat thereof as recorded in Plat Book 43,
Page 1, Public Records of Pinellas County, and Parcell!:
Lot 31, Block A of First Addition to Temple Terrace,
according to the map or plat thereof as recorded in Plat
Book 41, Page 9, Public Records of Pinellas County, Florida,
together with the .51 acres of abutting Terrace Drive East
and Anna Avenue right-of-ways. (ANX2005-03008)
Zonina District
Commercial (C)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7453-05.
PASSED ON FIRST READING
Ordinance No. 7455-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
'"
Cynthia E. Goudeau
City Clerk
2
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Ordinance No. 7455-05
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Zoning Map
Owner CARS-DB4 LP Case: A NX2005-o3008
Site: 2300 Drew Street Property Size 1.18
(Acres): 0.51
Land Use Zoning
PIN: 07-29-16-76446-000-1040
From: CG (County) C-2 (County) 07-29-16-90126-001-0310
To: CG (City) C (City) Atlas Page: 281A
City Council
_"~gend~",~~_~ver Me~randum"~~""",",,""_,"",,
C-A-q
\D.Ci
Tracking Number: 1,465
Actual Date: 08/04/2005
Subject / Recommendation:
Adopt Ordinance 7456-05 on second reading, annexing certain real property whose post office
address is 2077 Palmetto Street, into the corporate limits of the city, and redefining the
boundary lines of the city to include said addition.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearim;l: Yes
Advertised Dates: 07/10/2005
07/24/2005
Financial Information:
Review Approval
Pam Akin
07-12-2005 16: 15:29
Cvndie Goudeau
07-20-2005 09:24:37
CA...q
ORDINANCE NO. 7456-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF PALMETTO STREET, APPROXIMATELY 800
FEET WEST OF BELCHER ROAD, CONSISTING OF LOT 12,
PINELLAS GROVES SUBDIVISION, WEST 112 FEET OF LOT 5,
PINELLAS GROVES SUBDIVISION, LOTS 3, 4, 13, AND 14,
PINELLAS GROVES SUBDIVISION, AND LOT 5, LESS THE
WEST 112 FEET THEREOF, PINELLAS GROVES SUBDIVISION,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF
PALMETTO STREET, WHOSE POST OFFICE ADDRESS IS 2077
PALMETTO STREET, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Legal description attached hereto
(ANX2005-03009 )
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7456-05
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Proposed Annexation
Owner Boos Development Group Case: A NX2005-D3009
Property Size 29.83
Site: 2077 Palmetto Street (Acres) :
R-Q-W Size .0928
Land Use Zoning 12-29-15-70182-400-0300
PIN: 12-29-15-70182-400-0500
From: RM (County) R-3 (County) 12-29-15-70182-400-0501
12-29-15-70182-400-1200
To: RM (City) MDR (City)
Atlas Page: 280B
CB-\O
City Council
_rem.,@~,~-:!,~~L~~~~,~"M,~!!!,~!!l nd um . . m~
\(j.\(J
Tracking Number: 1,466
Actual Date: 08/04/2005
Subject / Recommendation:
Adopt Ordinance 7457-05 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city, to designate the land use for certain real property whose post
office address is 2077 Palmetto Street, upon annexation into the City of Clearwater, as
Residential Medium.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/10/2005
07/24/2005
Financial Information:
Review Approval
Pam Akin
07-12-2005 16: 16: 10
Cvndie Goudeau
07-20-2005 09:23:36
c~-(}
ORDINANCE NO. 7457-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF PALMETTO STREET, APPROXIMATELY 800
FEET WEST OF BELCHER ROAD, CONSISTING OF LOT 12,
PINELLAS GROVES SUBDIVISION, WEST 112 FEET OF LOT 5,
PINELLAS GROVES SUBDIVISION, LOTS 3, 4, 13, AND 14,
PINELLAS GROVES SUBDIVISION, AND LOT 5, LESS THE
WEST 112 FEET THEREOF, PINELLAS GROVES SUBDIVISION,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF
PALMETTO STREET, WHOSE POST OFFICE ADDRESS IS 2077
PALMETTO STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL MEDIUM; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Legal description attached hereto
(ANX2005-03009)
Land Use Cateaorv
Residential Medium
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption. contingent upon
and subject to the adoption of Ordinance No. 7456-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7457-05
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Future Land Use Map
Owner Boos Development Group Case: ANX2005-o3009
Property Size 29.83
Site: 2077 Palmetto Street (Acres) :
R-O-W Size .0928
Land Use Zoning 12-29-15-70182-400-0300
PIN: 12-29-15-70182-400-0500
From: RM (County) R-3 (County) 12-29-15-70182-400-0501
12-29-15-70182-400-1200
To: RM (City) MDR (City)
Atlas Page: 280B
City Council
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Tracking Number: 1,467
Actual Date: 08/04/2005
Subject / Recommendation:
Adopt Ordinance 7458-05 on second reading, amending the zoning atlas of the city by zoning
certain real property whose post office address is 2077 Palmetto Street, upon annexation into
the City of Clearwater, as Medium Density Residential (MDR).
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/10/2005
07/24/2005
Financial Information:
Review Approval
Pam Akin
07-12-2005 16: 17:58
Cvndie Goudeau
07-20-2005 09:22:28
c.+t -II
ORDINANCE NO. 7458-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE
OF PALMETTO STREET, APPROXIMATELY 800 FEET WEST
OF BELCHER ROAD, CONSISTING OF LOT 12, PINELLAS
GROVES SUBDIVISION, WEST 112 FEET OF LOT 5, PINELLAS
GROVES SUBDIVISION, LOTS 3, 4, 13, AND 14, PINELLAS
GROVES SUBDIVISION, AND LOT 5, LESS THE WEST 112
FEET THEREOF, PINELLAS GROVES SUBDIVISION,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF
PALMETTO STREET, WHOSE POST OFFICE ADDRESS IS 2077
PALMETTO STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL (MDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Legal description attached hereto
(ANX2005-03009 )
Zoninq District
Medium Density Residential
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7456-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7458-05
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Zoning Map
Owner Boos Development Group Case: A NX2005-o3009
Property Size 29.83
Site: 2077 Palmetto Street (Acres):
R-O-W Size .0928
Land Use Zoning 12-29-] 5-70182-400-0300
PIN: 12-29-15-70182-400-0500
From: RM (County) R-3 (County) 12-29-15-70182-400-0501
12-29-] 5-70182-400-1200
To: RM (City) MDR (City)
Atlas Page: 280B
CA\I~
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City Council
\(),\ ')
Tracking Number: 1,470
Actual Date: 08/04/2005
Subject / Recommendation:
Adopt Ordinance 7462-05 on second reading, vacating the drainage and utility easement
retained after vacation of the ten-foot alley formerly located adjacent to the east property Ijnes
of Lots 9 through 13, inclusive, Block 2, J.H. Rouse Subdivision, as set forth in Ordinance No.
6880-00.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/10/2005
07/24/2005
Financial Information:
Review Approval
Pam Akin
07-12-2005
16:20:58
Cvndie Goudeau
07-20-2005
09: 18:21
CA-I.:)
ORDINANCE NO.7 462-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE DRAINAGE AND UTILITY
EASEMENT RETAINED AFTER VACATION OF THE TEN-
FOOT ALLEY FORMERLY LOCATED ADJACENT TO THE
EAST PROPERTY LINES OF LOTS 9 THROUGH 13,
INCLUSIVE, BLOCK 2, J.H. ROUSE SUBDIVISION, AS SET
FORTH IN ORDINANCE NO. 6880-00; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Southport Financial Services, Inc., owner of real property located in
the City of Clearwater, has requested that the City vacate the drainage and utility
easement depicted in Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
Drainage and utility easement retained after vacation of the ten-foot alley
formerly located adjacent to the east property lines of Lots 9 through 13,
inclusive, Block 2, J.H. Rouse Subdivision, as recorded in Plat Book 4,
Page 90 of the Official Records of Hillsborough County, of which Pinellas
County was formerly a part, as set forth in Ordinance No. 6880-00
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Ordinance No. 7462-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7462-05
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City Council
Cover Memorandum
CA-~ 13
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Tracking Number: 1,472
Actual Date: 08/04/2005
Subject / Recommendation:
ADOPT Ordinance No. 7466-05 on second reading, amending the City of Clearwater Employees
Pension Plan to provide for expanded investment authority for diversification of plan assets and
setting a March 14, 2006 referendum for voter approval of same.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/10/2005
07/24/2005
Financial Information:
Review Approval
Pam Akin
07-12-2005
16:22:44
Cvndie Goudeau
07-20-2005
09:21: 11
CfHY
ORDINANCE NO. 7466-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
AMENDING THE CITY OF CLEARWATER EMPLOYEES
PENSION PLAN; AMENDING SECTION 2.399 TO PROVIDE FOR
EXPANDED INVESTMENT AUTHORITY FOR DIVERSIFICATION
OF PLAN ASSETS; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has established the City of Clearwater
Employees Pension Plan; and
WHEREAS, the City has authority to amend the plan as permitted by law;
and
WHEREAS, the City has determined that it is in the best interest of the
participants and taxpayers to expand the investment authority of the Trustees;
now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA
Section 1: Section 2.399 of the Employees Pension Plan is hereby
amended to read as follows:
Sec. 2.399 Establishment and operating pension fund.
(c) Powers and duties of trustees. The trustees may:
***
(2) Invest and reinvest the assets of the pension fund in:
***
(i) Notwithstandino any limitations to the contrary contained in this section.
trustees shall have the authority to diversify the fund by investinq
pension assets to the full extent permitted by Florida law under Sections
112.661.175.071.185.06. and 215.47. Florida Statutes.
(ii) Notwithstandinq any provision to the contrary. direct investments.
includinq real estate investments. in businesses or property located
within the City of Clearwater shall be prohibited.
Ordinance No. 7466-05
Section 2: If any clause, section or other part or application of this
Ordinance shall be held in any court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall
be considered as eliminated and shall not effect the validity of the remaining
portions or applications which shall remain in full force and effect.
Section 3: All ordinances or parts of ordinances, resolutions or parts of
resolutions in conflict herewith are herby repealed to the extent of such conflicts.
Section 4: The question to appear on the Referendum Ballot shall be as
follows:
Pension Plan Amendments
Shall the City of Clearwater Employees Pension Plan
investments be set by Florida law under Sections 112.661,
175.071, 185.06, and 215.47 Florida Statute, with the
additional restriction that there be no direct investments,
including real estate within the City of Clearwater as
provided in Ordinance ?
Yes
Plan
For amendment to Employees Pension
No
Against amendment to Employees
Pension Plan
Section 5: This ordinance shall take effect immediately upon adoption.
The amendments to the Employees Pension Plan provided herein shall take
effect only upon approval of a majority of the City electors voting at the
referendum election on these issues and upon the filing with the State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7466-05
PR-I
City Council
_""""". AH..!"!:!.da cQ~~ Memor~~*!:!:!~,....*~"",..",,~=_w,,"""*"""=m"~~_"m"=~
Tracking Number: 1,444
Actual Date: 08/04/2005
Subject / Recommendation:
Approve Pinellas County Recreational Grant Funding Agreement for the Long Center, Boundless
Playground, in the amount of $50,000, between Pinellas County and the City of Clearwater.
Summary:
The City has been awarded a grant from Pinellas County for a total of $50,000 to assist in the
construction of a boundless playground at the Long Center to replace the existing Sunshine
Playground.
The existing Leathers playground, known as the Sunshine Playground, is over 15 years old and
in need of replacement. The City established a CIP project in this year's budget to replace the
equipment with a boundless playground and provide additional amenities like benches,
sidewalks, water fountains, lighting, etc.
Boundless Playgrounds are unique play environments that ensure children with and without
disabilities the opportunity to play and learn together. Boundless Playgrounds require that 70%
of the play activities be accessible for children with physical disabilities.
Total funding for the project was estimated at $400,000, with the majority of the funding
coming from various grants and/or donations. The breakdown of funding sources are as follows:
Florida RecreationDevelopment AssistanceProgram (FRDAP) $200,000
Long Center Foundation $ 50,000
Pinellas CountyRecreational Grant Funding $ 50,000
Existing CIP repair andreplacement projects (3230and 3272) $100,000
The $50,000 awarded through this grant will be used to purchase the actual playground to be
installed at the park. Other funding will be used to construct the sidewalks, park amenities,
benches, picnic tables, lighting, etc. The cost of all of the playground equipment will be
$150,000 to $200,000.
Third quarter budget amendments will prOVide the transfer of $50,000 of general fund revenue
from project 315-93230, Playground and Fitness Equipment, and $50,000 of Penny for Pinellas
revenue from project 315-93272, Bike Paths/Bridges to project 315-93214, Long Center
Playground, to fund the City's contribution to the project.
A copy of the agreement is available for review in the Office of Official Records and Legislative
Services.
Originating: Parks and Recreation
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 1
Public Hearing: No
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City Council
,~,.,=~g*~ndi,!,,,.,~9ver _M..~!!!.!:?~r~,!!~.~.,!!!=_.,..,~_="."=...,,.
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Grant received from Pinellas County
In Current Year Budget?
Yes
Budget Adjustment:
Yes
Budget Adjustment Comments:
Grant received from Pinellas County
Current Year Cost:
$50,000.00
Annual Operating Cost:
$0.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$50,000.00
Not to Exceed:
$50,000.00
Appropriation Code(s)
315-93214-564000-572-000
$50,000.00
Comments
Revenue to construct project
Amount
Review Approval
Kevin Dunbar
07-19-2005 21 :49:52
Cvndie Goudeau
07-21-2005 14:17:58
Tina Wilson
07-20-2005 08:32:42
~~
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Garrv Brumback
Laura Lipowski
Bill Horne
City Council
_,..~,.~~I'mda cOY~,!,_~,~,~!t~n~!,!:!~,!:!,!!!"_,@"_@,,
07-20-2005 14:59: 11
07-20-2005 09:13:12
07-20-2005 17:36:01
~. PR~I
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GRANT FUNDING AGREEMENT
BETWEEN
CITY OF CLEARWA TER
AND
PINELLAS COUNTY
THIS AGREEMENT is made and entered into as of the _ day of ,
2005, (the "Effective Date") by and between City of Clearwater, whose address is P. O. Box 4748,
Clearwater, FL 33758, hereinafter the "GRANTEE", and PINELLAS COUNTY, a political subdivision of the
State of Florida, whose address is 315 Court Street, Clearwater, Florida 33756, (hereinafter referred to as
the "COUNTY").
WITNESSETH:
WHEREAS, recreation activities enhance the general quality of life in Pinellas County, and funding
such activities thereby serves a valid public purpose; and
WHEREAS, there is a growing demand for recreation in Pinellas County, including the need for
active recreation opportunities for residents of the unincorporated areas of the County; and
WHEREAS, the Board of County Commissioners has determined that assisting existing
organizations through the Recreational Grant Program provides support for and access to active recreation
opportunities for residents in the unincorporated areas of the County; and
WHEREAS, the GRANTEE has proposed a recreation program to the COUNTY for funding
consideration under the Year 2005 Program consisting of the purchase of a boundless playground
("Program") and
WHEREAS, the COUNTY considers the Program worthwhile and desires to assist the GRANTEE in
funding the Program as provided herein.
NOW, THEREFORE, the COUNTY and the GRANTEE, in consideration of the mutual terms,
covenants and conditions set forth herein, agree as follows:
1. PROGRAM DESCRIPTION AND COMPLETION SCHEDULE. GRANTEE shall complete
the work/perform the services constituting the Program described in Exhibit A attached hereto and
incorporated herein by reference, including performance in accordance with the Program Schedule included
in Exhibit A. GRANTEE shall be solely responsible for managing, securing and contracting with third parties,
supervising, and completing the work/services relating to the Program, and nothing in this Agreement shall
be construed to create an employee, agent, partner or joint venturer relationship with the County, and the
GRANTEE is and shall remain at all times an independent contractor. Any work/services performed by the
GRANTEE not authorized in the Program description or Program Schedule shall be solely at the
GRANTEE's expense and shall not be eligible for funding as provided in paragraph 2 herein. Any change in
the description of the Program or Program Schedule shall take effect only upon the execution of a written
amendment to this Agreement.
2. FUNDING. The parties anticipate the total cost of the Program will be $50,000. The
COUNTY agrees to fund the sum of not to exceed $50,000 for the Program ("Grant Funding Award") and
shall have no obligation to contribute any sum beyond this maximum amount. The GRANTEE agrees to fund
all remaining costs or sums due for the Program, including all costs in excess of the anticipated total cost.
The GRANTEE will manage the Program and either pay, or incur the obligation for, all Program costs prior to
requesting grant funds from the COUNTY. The COUNTY will reimburse the GRANTEE for all approved costs
upon receipt of a payment request from the GRANTEE in accordance with the following procedures:
A. GRANTEE must submit a Grant Payment Request with all required documentation
and Certification from GRANTEE's Project Manager in the form attached hereto as Exhibit B.
B. In the event GRANTEE does not either complete the Program or payor incur the
obligation to pay Program costs in an amount equal to the Grant Funding Award, prior to the termination of
this Agreement as provided in paragraph 5 herein, any Grant Funding Award sums not disbursed to Grantee
are hereby deobligated, and shall not be paid to GRANTEE unless the term of this Agreement is extended in
writing by mutual agreement of the County and Grantee.
3. PROGRAM MANAGER AND NOTICES. Each party hereby designates the person set forth
below as its respective Program Manager. Program Managers shall be each party's prime contact person.
Notices or reports shall be sent to the attention of each party's Program Manager by U.S. mail, postage paid,
to the parties' addresses as set forth below:
Program Manager for the COUNTY:
Program Manager for the GRANTEE:
Kathy Swain, APRP
Pine lias County Park Department
631 Chestnut Street
Clearwater, FL 33756
Art Kader
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758
Any changes to the above representatives or addresses must be provided to the other party in
writing.
4. CANCELLATION.
A. Pinellas County reserves the right to cancel this Agreement, without cause, by giving
(30) days written notice to the GRANTEE of its election to cancel pursuant to this provision.
B. Failure of the GRANTEE to comply with any of the provisions of this Agreement
shall be considered a material breach, and shall be cause for immediate termination of the Agreement upon
written notice to the GRANTEE.
C. Notwithstanding any other provision herein, in the event that sufficient budgeted
funds are not available for a new fiscal period, the County shall notify the GRANTEE of such occurrence and
the Contract shall terminate on the last day of the then current fiscal period without penalty or expense to the
COUNTY.
5. CONTRACT PERIOD. The term of this Agreement shall commence on the Effective Date
and shall remain in effect one (1) year, unless it is terminated or amended as provided herein.
6. PROGRAM RECORDS AND DOCUMENTS. Grantee shall, upon request, permit the
County to examine or audit all Program related records and documents during or following completion of the
Program. Grantee shall provide a complete set of copies of all Program records to the County within 60 days
of the completion of the Program. Grantee shall maintain all such records and documents for at least three
(3) years following completion of the Program. All records and documents generated or received by either
party in relation to the Program are subject to the Public Records Act in Chapter 119 F.S.
7. PROCUREMENT REQUIREMENTS. To the extent the Program involves construction or
installation of improvement to real property or the acquisition of equipment, GRANTEE shall observe a
competitive process to secure contractors, subcontractors and suppliers for the performance of work as
authorized herein, which shall at a minimum include soliciting no less than two written price quotations from
prospective bidders or proposers, except for in-kind contributions of commodities or services or when there is
only one practicable or reasonable source for the commodity or service. County shall have the right to audit
2
the competitive process to ensure adequate competition and a proper audit trail. Grantee shall maintain all
procurement records with Program records and documentation as provided in paragraph 6 herein.
8. INDEMNIFICATION. The GRANTEE shall indemnify, pay the cost of defense, including
attorney's fees, and hold harmless the County from all suits, actions or claims of any character brought on
account of any injuries or damages received or sustained by any person, persons, or property by or from the
said GRANTEE; or by, or in any way relating to or arising from the Program; or on account of any act or
omission, neglect or misconduct of the GRANTEE; or by, or on account of, any claim or amounts recovered
under the Workers' Compensation Law or of any other laws, by-laws, ordinance, order or decree, except only
such injury or damage as shall have been occasioned by the sole negligence of the County.
9. PUBLIC RELATIONS. Public relations efforts shall be conducted to announce, promote,
and build support for the Program. Acknowledgment of grant funding shall be integral to the public relations
effort, and shall at a minimum, include the posting of signage acknowledging the Grant Funding Award as
approved by the County, in substantially the form attached as Exhibit C.
10. CONSTRUCTION LIENS; MAINTENANCE.
A. To the extent the Program involves the construction or installation of improvements to
real property owned by the County, Grantee shall promptly pay all charges for labor, services and materials
used in connection with said improvements. Construction liens against County property arising out of
Program work performed by or for Grantee are expressly prohibited and in the event of the filing of any Claim
of Lien, Grantee shall promptly satisfy same or transfer it to a bond, and take any further action as is
necessary to protect the County's interest in the real property.
B. Grantee shall at all times be responsible for maintaining, repairing and/or replacing any
Program improvements or equipment funded by the Grant Funding Award.
11. LAW COMPLIANCE. Grantee shall comply with all applicable federal, state and local laws,
rules, regulations and guidelines, relative to performance under this Agreement.
12. ASSIGNMENT. Neither party may assign or transfer its rights or obligations under this
Agreement, including any operation or maintenance duties related to the Program, without the written
consent of the other party.
13. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit
any person or entity not a party to this Agreement.
14. DISCRIMINATION. In carrying out this Agreement, the Grantee shall not exclude from
participation in, deny benefits to, or otherwise discriminate against, any person because of race, color,
religion, sex, national origin, family status or handicap.
15. MODIFICATIONS. This Agreement constitutes the entire agreement between the parties
and may be amended only in writing, signed by all parties to this Agreement.
16. INDEPENDENT CONTRACTOR! PROGRAM CONTRACTORS. Nothing in this Agreement
will be construed to create, or be implied to create, any relationship between the COUNTY and any
contractor, subcontractor or supplier on the Program, and at all times Grantee is and shall remain an
independent contractor and not an agent of the County.
<SIGNATURE PAGE FOllOWS>
3
IN WITNESS WHEREOF, the parties herein have executed this Agreement on the day and year
set forth next to their signatures below.
PINELLAS COUNTY, FLORIDA
by and through its County Administrator
GRANTEE:
By:
Mayor
Stephen M. Spratt
By:
(Attesting Witness' name/title)
[Corporate Seal]
APPROVED AS TO FORM
SUBJECT TO PROPER EXECUTION:
ATTEST:
By:
(Attesting Witness' name/title)
Office of the County Attorney
APPROVED AS TO FORM:
Office of the County Attorney
4
Exhibit A
SCOPE OF WORK
AGREEMENT NO. OSREC002
Lona Center Boundless Plavaround
The $50,000 awarded through this grant for the Long Center Boundless Playground
will be used to purchase the actual playground to be installed a the park. Other
funding will be used to construct the sidewalks, park amenities, benches, picnic
tables, lighting, etc. Based on preliminary estimates, the cost of all of the
playground equipment will be $150,000 to $200,000.
In general the project will include 5 slides, 5 covered playground deck areas, 3 tot
swings, 3 strap swings, 3 ramps, 10 play panels, including steering wheel, sign
language, stone wall panel, crazy mirror, etc., 5 climbing pieces, 4 balance bars and
mushrooms, 3 stairs, 2 handicap swings, 1 slide swing, and other miscellaneous
play pieces.
Exhibit B
GRANT PAYMENT REQUEST FORM
Request No. _
TO: Pinellas County Parks and Recreation Department
Attn: Kathy Swain. Parks and Recreation Operations Manager
631 Chestnut Street
Clearwater, FL 33756
Pursuant to the Grant Funding Contract dated
, the undersigned
("Grantee") hereby requests payment of the following amounts of the Grant Funding Award:
I. Itemization Of Payments Requested By Grantee In This Request:
(attach supporting documents, such as contractor, subcontractor or supplier, contracts and/or invoices;
contractor/architect/engineer certificates)
II.
Total Amount Requested herein:
$
III. Funding Recap:
Total Grant Funding Award $
Amount of Previous Payments $
Amount of this Request $
Remaining Grant Funding Award Available $
CERTIFICA TION
The undersigned,
, as the
(Name - please print)
of GRANTEE, does hereby certify that the program services D other
itemized in this
payment request has been completed and/or (describe) provided by the GRANTEE, and is necessary of the
completion of the Program as defined in the Grant Funding Agreement.
By:
Date:
(Signature)
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City Council
Cover Memorandum
P l< ~d
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Tracking Number: 1,445
Actual Date: 08/04/2005
Subject / Recommendation:
Approve Florida Recreation Development Assistance Program (FRDAP) project grant agreement
for the Long Center Boundless Playground project in the amount of $200,000, between the State
of Florida Department of Environmental Protection and the City of Clearwater.
Summary:
The City has been awarded a matching (FRDAP) grant of $200,000 to assist in the construction
of the Long Center Boundless Playground project.
The existing Leathers playground, known as the Sunshine Playground, is over 15 years old and
in need of replacement. The City established a CIP project in this year's budget to replace the
equipment with a boundless playground and provide additional amenities like benches,
sidewalks, water fountains, lighting, etc.
Boundless Playgrounds are unique play environments that ensure children with and without
disabilities the opportunity to play and learn together. Boundless Playgrounds require that 70%
of the play activities be accessible for children with physical disabilities.
Total funding for the project was estimated at $400,000, with the majority of the funding
coming from various grants and/or donations. The breakdown of funding sources are as follows:
Florida RecreationDevelopment AssistanceProgram (FRDAP) $200,000
Long Center Foundation $ 50,000
Pinelias CountyRecreational Grant Funding $ 50,000
Existing CIP repair andreplacement projects (3230and 3272) $100,000
Third quarter budget amendments will provide the transfer of $50,000 of general fund revenue
from project 315-93230, Playground and Fitness Equipment, and $50,000 of Penny for Pinellas
revenue from project 315-93272, Bike Paths/Bridges to project 315-93214, Long Center
Playground, to fund the City's contribution to the project.
A copy of the agreement is available for review in the Office of Official Records and Legislative
Services.
Originating: Parks and Recreation
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Cooies attached: 1
Public Hearing: No
Financial Information:
Type: Other
Bid Required? No
City Council
,~~~~~nda C~ye.r ~tE!!!!~r~~,I1~um
~~.iater
u~
Bid Exceptions:
Other
Other Contract?
Grant from Florida Recreation Development Assistance Program
In Current Year Budaet?
Yes
Budget Adjustment:
Yes
Budget Adjustment Comments:
Grant from Florida Recreation Development Assistance Program
Current Year Cost:
$200,000.00
Annual Operating Cost:
$0.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$200,000.00
Not to Exceed:
$200,000.00
Appropriation Code(s)
315-93214-564000-572-000
Amount
$200,000.00
Comments
Revenue to construct project
Review Approval
Kevin Dunbar
Bill Horne
07-19-2005 21 :48:47
07-21-2005 14: 18:41
07-20-2005 08:33: 19
07-20-2005 14:58:33
07-20-2005 09: 16:33
07-20-2005 17:35:03
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Laura Lioowski
.,
~'. PR-J
~.' \\. d
DEP Agreement No. F6115
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2005-06) - Development
This Agreement is made and entered into between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the
DEPARTMENT, and the CITY OF CLEARWATER, hereinafter called the GRANTEE, a
local government, in furtherance of an approved public outdoor recreation project. In
consideration of the mutual covenants contained herein and pursuant to section
375.075, Florida Statutes, and chapter 620-5, Part V, Florida Administrative Code, the
parties hereto agree as follows:
1. This PROJECT AGREEMENT shall be performed in accordance with section
375.075, Florida Statutes, and chapter 620-5, Part V, Florida Administrative
Code, hereinafter called the RULE. The GRANTEE shall comply with all
provisions of the RULE, effective August 15, 2004, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163.01,
Florida Statutes, shall have application to this PROJECT AGREEMENT.
2. The DEPARTMENT has found that public outdoor recreation is the primary
purpose of the project known as Long Center (Florida Recreation Development
Assistance Program, FRDAP Project Number F06115), hereinafter called the
PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for
the development of that real property, the legal description of which shall be
submitted to the DEPARTMENT as described in the Florida Recreation
Development Assistance Program Development Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS-A034.
3. All forms hereinafter referenced may be found at
www. dep. state. fl. usjparksjbdrs. Further, the GRANTEE will also
receive all applicable forms for administration of project with GRANTEE's copy of
fully executed PROJECT AGREEMENT.
DEP Agreement No. F6115, Page 1 of 10
DEP 55-231 (01/05)
4. The GRANTEE shall construct, or cause to be constructed, certain public
outdoor recreation facilities and improvements consisting of the following
PROJECT ELEMENTS which may be modified by the DEPARTMENT if
GRANTEE shows good cause: Picnic facilites, bike trails, exercise trail, renovate
boundless playground, renovate soccerfield, landscaping, renovate fencing,
renovate lighting and other related support facilities.
5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $200,000.00 which will pa~ the DEPARTMENT's share of
the cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount: $200,000.00 50%
GRANTEE Match: $200,000.00 50%
Type of Match: Cashlln-Kind Services and/or Land Value
6. The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty
(60) days after receipt of the final request, the DEPARTMENT's Grant Manager
shall review the completion documentation and payment request from the
GRANTEE for the PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A036, referenced in s. 620-
5.058(6)(g), the DEPARTMENT will approve the request for payment.
7. In addition to the invoicing requirements contained in the paragraph above, the
Department will periodically request proof of a transaction (such as invoice,
payroll register) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State guidelines (including cost allocation guidelines),
as appropriate. When requested, this information must be provided within 30
calendar days of the date of such request. The GRANTEE may also be required
to submit a cost allocation plan to the Department in support of its multipliers
(overhead, indirect, general administrative costs, and fringe benefits). All bills for
amounts due under this Agreement shall be submitted in detail sufficient for a
proper pre-audit and post-audit thereof. State guidelines for allowable costs can
be found in the Department of Financial Services' Reference Guide for State
Expenditures at http://www.dbf.state.fl.us/aadir/reference guide.
8. The GRANTEE agrees to comply with the Division of Recreation and Parks'
Grant and Contract Accountability Procedure, hereinafter called the
PROCEDURE and incorporated into this PROJECT AGREEMENT by reference
as if fully set forth herein. All purchases of goods and services for
accomplishment of the PROJECT shall be secured in accordance with the
GRANTEE's procurement procedures. Expenses representing the PROJECT
costs, including the required matching contribution, shall be reported to the
DEPARTMENT and summarized on certification forms provided in the
PROCEDURE. The DEPARTMENT and GRANTEE agree to use the
DEP Agreement No. F611S, Page 2 of 10
DEP 55-231 (01/05)
'.
PROCEDURE guidelines for accounting for FRDAP funds disbursed for the
PROJECT. The parties further agree that the principles for determining the
eligible costs, supporting documentation and minimum reporting requirements of
the PROCEDURE shall be used.
9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE's eligible wages and salaries, unless approved in advance as
described herein. Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses.
10. It is understood by the parties that the amount of this PROJECT AGREEMENT
may be reduced should the Governor's Office declare a revenue shortfall and
assess a mandatory reserve. Should a shortfall be declared, the amount of this
PROJECT AGREEMENT may be reduced by the amount deemed appropriate
by the DEPARTMENT.
11. A.
The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature.
The parties hereto understand that this Agreement is not a commitment of
future appropriations.
B. The GRANTEE understands that the funds supporting this Agreement are
subject to certification forward approval by the Governor's Office on June
30th each year. The GRANTEE understands and agrees that if the
Governor's Office does not approve the DEPARTMENT's request to
certify the funds forward, the GRANTEE will not be eligible for
reimbursement after the reversion of said funds.
12. All monies expended by the GRANTEE for the purpose contained herein shall be
subject to pre-audit review and approval by the State of Florida Chief Financial
Officer in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT in accordance with s. 62D-5.055(9) of
the RULE. The DEPARTMENT and the GRANTEE fully understand and agree
that there shall be no reimbursement of PROJECT funds by the DEPARTMENT
for any expenditure made prior to the execution of this PROJECT AGREEMENT
with the exception of those expenditures which meet the requirements of the
foregoing sections of the RULE.
14. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of
the RULE, to the DEPARTMENT. Upon determining that the documentation
DEP Agreement No. F6115, Page 3 of 10
DEP 55-231 (01/05)
complies with the RULE, the DEPARTMENT will give written notice to GRANTEE
to commence the development and approve the request for payment.
15. The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to commencement of project construction and shall certify that it
has done so to the DEPARTMENT by completing the Project Permitting
Certification, FPS-A035, referenced in s. 62D-5.058(7)(c)1 of the RULE.
16. This PROJECT AGREEMENT shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT ELEMENTS on or
before Po l\.IUT .Df1TG (hereinafter referred to as the PROJECT
completion date), at which time all payment requests and completion
documentation will be due to the DEPARTMENT. The GRANTEE understands
that if the Governor's Office does not approve the DEPARTMENT's request to
certify the funds forward on June 30th of each year, the GRANTEE will not be
eligible for reimbursement after the reversion of said funds or the denial of the
certification forward, whichever is earlier.
17. Project completion means the project is open and available for use by the public.
Project must be designated complete prior to release of final reimbursement.
See Rule 620-5.054(41).
18. The GRANTEE shall retain all records supporting PROJECT costs for five (5)
years after the fiscal year in which the final PROJECT payment was released by
the DEPARTMENT or until final resolution of matters resulting from any litigation,
claim or audit that started prior to the expiration of the five-year retention period.
The DEPARTMENT, State Auditor General, State Chief Financial Officer and
other agencies or entities with jurisdiction shall have the right to inspect and audit
the GRANTEE's records for said PROJECT during the PROJECT and within the
retention period.
19. In addition to the provisions contained in the paragraph above, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1. A revised
copy of Attachment 1, Exhibit-1, must be provided to the GRANTEE with each
amendment which authorizes a funding increase or decrease. The revised
Exhibit-1 shall summarize the funding sources supporting the PROJECT
AGREEMENT for purposes of assisting the GRANTEE in complying with the
requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of
Attachment 1, Exhibit-1, the GRANTEE shall notify the Department's FRDAP
Grants Administrator at (850) 245-2501 to request a copy of the updated
information.
20. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT for the GRANTEE's non- compliance with this PROJECT
AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to
submit additional pertinent documentation to offset the amount identified as
DEP Agreement No. F611S, Page 4 of 10
DEP 55-231 (01/05)
being due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of the
final reimbursement due the DEPARTMENT.
21. The GRANTEE, as an independent contractor and not an agent, representative,
or employee of the DEPARTMENT, agrees to carry adequate liability and other
appropriate forms of insurance. The DEPARTMENT shall have no liability
except as specifically provided in this PROJECT AGREEMENT.
22. To the extent required by law, the GRANTEE will be self-insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this Agreement is not protected
under Workers' Compensation statutes, the GRANTEE shall provide, and cause
each subcontractor to provide, adequate insurance satisfactory to the
DEPARTMENT, for the protection of its employees not otherwise protected.
23. The purchase of non-expendable equipment is not authorized under the terms of
this Agreement.
24. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT's Grant
Manager shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE's Grant Manager, identified in paragraph 25, or successor, shall act
on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
PROJECT status reports every January 5th, May 5th, and September 5th of each
year summarizing the work accomplished, problems encountered, percentage of
completion, and other information which may be requested by the
DEPARTMENT. Photographs to reflect the construction work accomplished
shall be submitted when the DEPARTMENT requests them.
25. Any and all notices required by this PROJECT AGREEMENT shall be deemed
sufficient if delivered or sent by United States Postal Service to the parties at the
following addresses:
DEP Agreement No. F6115, Page 5 of 10
DEP 55-231 (01/05)
GRANTEE's Grant Manager
DEPARTMENT's Grant Manager
Mr. Art Kader
Assistant Director
100 S. Myrtle Avenue
Clearwater, FL 33756
A. Diane Langston
Florida Department of Environmental
Protection
3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399-3000
26. Prior to final reimbursement, the GRANTEE must erect a permanent information
sign on the PROJECT site which credits PROJECT funding or a portion thereof,
to the Florida Department of Environmental Protection and the Florida
Recreation Development Assistance Program.
27. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time.
28. This PROJECT AGREEMENT may be unilaterally canceled by the
DEPARTMENT for refusal by the GRANTEE to allow public access to all
documents, papers, letters, or other material made or received by the GRANTEE
in conjunction with this PROJECT AGREEMENT unless the records are exempt
under Section 24(a) of Article I of the State Constitution and Section 119.07(1),
Florida Statutes.
29. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to
demand a refund, either in whole or in part, of the FRDAP funds provided to the
GRANTEE for non-compliance with the material terms of this PROJECT
AGREEMENT. The GRANTEE, upon such written notification from the
DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the
amount of money demanded by the DEPARTMENT. Interest on any refund shall
begin the date that the GRANTEE was informed that a refund was required until
refund and interest are paid to the DEPARTMENT.
30. The GRANTEE shall comply with all federal, state and local regulations, rules
and ordinances in developing this PROJECT. The GRANTEE acknowledges that
this requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
31. The GRANTEE may subcontract work under this Agreement without the prior
written consent of the DEPARTMENT'S Grant Manager. The GRANTEE agrees
to be responsible for the fulfillment of all work elements included in any
subcontract. It is understood and agreed by the GRANTEE that the
DEPARTMENT shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the GRANTEE shall be solely
DEP Agreement No. F6115, Page 6 of 10
DEP 55-231 (01/05)
liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
32. Land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the public as stated in section 62D-5.059(1)
of the RULE. Land under control other than by ownership of the GRANTEE,
such as by lease, shall be dedicated as an outdoor recreation area for the use
and benefit of the public for a minimum period of twenty-five (25) years from the
completion date set forth in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the owner, or by the
GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT
shall be open at reasonable times and shall be managed in a safe and attractive
manner appropriate for public use.
33. Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in cancellation of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
writing of the particular violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice shall result in
cancellation of the PROJECT AGREEMENT and shall result in the imposition of
the terms in Paragraph 29.
34. In the event of conflict in the provisions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the Rule shall
control over this PROJECT AGREEMENT and this PROJECT AGREEMENT
shall control over the Project Application documents.
35. If the DEPARTMENT determines that site control is not sufficient under the
RULE, the DEPARTMENT shall give the GRANTEE a notice in writing and a
reasonable time to comply. If the deficiency is not corrected within the time
specified in the notice, the DEPARTMENT shall cancel this PROJECT
AGREEMENT.
36. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP funds for the purpose of lobbying the legislature, the judicial
branch, or a state agency.
37. A.
No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a
DEP Agreement No. F611S, Page 7 of 10
DEP 55-231 (01/05)
public entity, may not submit a bid on a contract with 'a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or
perform work as a contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact business with any
public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list and intends to
post the list on its website. Questions regarding the discriminatory vendor
list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity at (850) 487-0915.
38. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
39. The employment of unauthorized aliens by any GRANTEE is considered a
violation of Section 274A(e) of the Immigration and Nationality Act. If the
GRANTEE knowingly employs unauthorized aliens, such violation shall be cause
for unilateral cancellation of this Agreement. The GRANTEE shall be
responsible for including this provision in all subcontracts issued as a result of
this Agreement.
40. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee,
contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017, Florida Statutes, for Category Two, for
a period of 36 months from the date of being placed on the convicted vendor list.
41. The PROJECT AGREEMENT has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or
the remaining provisions of this PROJECT AGREEMENT. Any action hereon or
in connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
42. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this PROJECT AGREEMENT shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
DEP Agreement No. F6115, Page 8 of 10
DEP 55-231 (01/05)
43. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto.
44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the written approval of the DEPARTMENT.
45. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, duly executed by each of the parties hereto, and attached to the original
of this PROJECT AGREEMENT.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F6115, Page 9 of 10
DEP 55-231 (01/05)
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF CLEARWATER
Do N~) 'S)C::) t'~
By:
Division Director (or Designee)
Division of Recreation and Parks
By:
Printed Name:
Title:
Do J0 {Jl Ol-\T6
Date
Date
Address:
Office of Information and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
Address:
100 S. Myrtle Avenue
Clearwater, FL 33756
(} /] ~
. {;(<- tA/l< - . ~7J;-TL-
DEP Grant Manager
Grantee Attorney
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
January 24, 2005 for use for one year.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Letter!
Number Description (include number of pages)
Attachment
1 Special Audit Requirements (5 Paqes)
DEP Agreement No. F611S, Page 10 of 10
DEP 55-231 (01/05)
ATTACHMENT 1
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with
any additional instructions provided by the Department to the recipient regarding such audit. The recipient further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the
recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as
revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.l73/cfda/cfda.html.
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
DEP Agreement No.F6115, Attachment 1, Page 1 of 5
DEP 55-215 (09/04)
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(l), Florida Statutes.
1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient ($500,000 for fiscal years ending on or after September 30,
2004), the recipient must have a State single or project-specific audit for such fiscal year in accordance with
Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief
Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial
assistance awarded through the Department of Environmental Protection by this Agreement. In determining
the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State
financial assistance, including State financial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of
a [mancial reporting package as defined by Section 2l5.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year ($500,000 for fiscal
years ending on or after September 30, 2004), an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000
in State financial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30,
2004) and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida
Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an
audit must be paid from the recipient's resources obtained from other than State entities).
4. For infonnation regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at http://state.fl.us/fsaa/catalog or the Governor's
Office of Policy and Budget web site located at
http://www.myflorida.com/myflorida/governmentlcontacts/opbOffice.html for assistance. In addition to the
above websites, the following websites may be accessed for infonnation: Legislature's Website
http://www.leg.state.fl.us/, Governor's Web site http://www.myflorida.com/, Department of Financial
Services' Website http://www.dbf.state.fl.us/and the Auditor General's Website
http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specifY any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F6115, Attachment 1, Page 2 of 5
DEP 55-215 (09/04)
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East lOth Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of [mancial reporting packages required by P ART II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III ofthis Agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. F6115, Attachment 1, Page 3 of 5
DEP 55-215 (09/04)
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F6115, Attachment 1, Page 4 of 5
DEP 55-215 (09/04)
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City Council
Ag!.!!da C~~.er.~ '1m~!!!.~,r.!!,!!d u m ..
Tracking Number: 1,454
Actual Date: 08/04/2005
Subject / Recommendation:
Approve agreement between the City of Clearwater and Global Spectrum from October 1, 2005
to September 30, 2009 and approve the Termination and Release Agreement between
Distinctive Gourmet Services (Boston Concessions), the City of Clearwater and Global Spectrum,
L.P. and authorize the appropriate offcials to execute same.
Summary:
The City and Global Spectrum entered into a Management Agreement in 1994 to provide
oversight and administration for the Harborview Conference Center.
On February 5, 2004 the City Council requested staff work with Global Spectrum to form a new
agreement which would address more of the accountability issues relating to the operation of
the Harborview Center.
On June 17, 2004 the City Council provided staff with additional direction regarding the business
points of a new agreement.
Staff has successfully worked out an agreement with Global Spectrum which addresses the
issues identified at the June 17, 2004 meeting.
Key points are as follows:
1. This is a four year agreement which terminates at a time when the Stein Mart lease is up for
renegotiation, which will allow the City the opportunity to more easily address the future of the
Haborview Center. This is financially the same as last year, but it caps the City's contribution
and provides for Global Spectrum to cover the first $228,300 in losses (see Key Point #3).
2. There continues to be a lease management fee of $79,000, included in the annual subsidy,
with the opportunity to receive an additional management fee for every year there is a profit at
a rate of 70% of profit for Global Spectrum and 30% of profit for the City.
3. In the event there is an annual loss, Global Spectrum will cover the first $228,300 in the first
operating year; $212,000 in the second operating year; and $200,000 in the third and fourth
years. Any amount higher than these losses will be covered by the City.
4. The City will provide a fixed cash subsidy to Global Spectrum in the following amounts:
FY2005/06 - $463,000
FY2006/07 - $447,000
FY2007/08 - $435,000
FY2008/09 - $435,000
It should be pointed out that $180,000 of this amount comes from contractural commitments
with Stein Mart and Pickles Plus, Inc. The City will retain all additional rents/revenue paid by
Stein Mart or Pickles Plus, Inc., over
P(Z. - l\
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u~ ALlenda Cover Memorandum
=~~"",_~,=,,,,,"=_=="""'=="=="'''''''''''''~ffl~''~~_'''''''''''""""~,~_,~.,~,,,,~~~_,~,,,_~,,,,,=.=,,,,m=mm'm"=__,,,,=,,m"-,,,
City Council
their base rents. This amount is projected to be approximately $45,000 to $75,000 per year
depending upon the success of each business.
5. The City shall have the right to use the Harborview Center or any part thereof for an "at
cost" rental fee for any direct out of pocket expenses incurred by Global.
6. Global Spectrum will be responsible for the budget and all operations of the Harborview
Center and will assume responsibility for profits (with the City receiving 30% of all profits) and
will assume responsibility for losses below $228,300.
7. Under this agreement, the City will shift more of the liability and responsibility for financial
success to Global Spectrum.
8. The City is responsible for the structure and providing capital funds to make any major
capital renovations. Currently, the City budgets $100,000 per year for this purpose in addition
to the $463,000 for FY 05/06, which is consistent with the City financial commitment in FY05.
Total cost for FY 05/06 is $563,000.
Staff is also recommending the approval of the Termination and Release Agreement between
Boston Concessions, Global Spectrum and the City. This will allow Global Spectrum the
opportunity to negotiate their own agreement for food and beverage services with a party of
their choosing. Boston Concessions, Global Spectrum and the City believe this is in the best
interest of all parties to cancel this agreement.
The City will have no more financial obligations to Boston Concessions.
A copy of the Professional Management Services Agreement and Termination and Release
Agreement is available in the Official Records and Legislative Services Department for review.
Originating: Parks and Recreation
Section Other items on City Manager Reports
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Type: Operating Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
New agreement with Global Spectrum per direction of City Council
City Council
Ag"~,nda ~Qver M~!!!Q.r!I~~~ um ,~"""=_~'''''''~''''
~~
CI~,,~~~
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$283,000.00
Annual Ooerating Cost:
$0.00
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$283,000.00
Not to Exceed:
$463,000.00
Appropriation Code(s)
0462-00000-369901-000-000
Amount
$463,000.00
Comments
Subsidy from Stein Mart and Pickles Plus
rent and other general fund sources
Review Approval
Kevin Dunbar
Laura Lipowski
07-27-2005 14:04: 10
07-20-2005 10:59:22
07-15-2005 14:31:31
07-29-2005 13:40:41
07-18-2005 16:09:34
07-29-2005 13:35:55
Garrv Brumback
Tina Wilson
Cvndie Goudeau
Bill Horne
1--
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TERMINATION AND RELEASE AGREEMENT
This Termination and Release Agreement (this "Agreement"), dated as of
, 2005 is by and among Distinctive Gourmet Services (flkla Boston Concessions)
("Distinctive Gourmet"), the City of Clearwater, Florida (the "City") and Global Spectrum, LP
("Global Spectrum").
WHEREAS, Distinctive Gourmet, the City and Global Spectrum are parties to a
Concession Management Agreement for the City of Clearwater, Harborview Center, dated as of
April 15, 1996, as amended ("Concession Management Agreement"), pursuant to which Distinctive
Gourmet was granted the right to perform food and beverage services at the Harborview Center (the
"Facility"), such services to expire on September 30,2007;
WHEREAS, the parties have determined it to be in their mutual best interests that
Distinctive Gourmet cease providing such services at the Facility, and desire to terminate the
relationship between them arising out of the Concession Management Agreement;
WHEREAS, the parties to (i) discharge any and all contingent obligations either party
has or may have to the other party arising under the Concession Management Agreement or
otherwise with respect to the provision by Distinctive Gourmet of food and beverage services at the
Facility, and (ii) release any and all claims each has, may have or may ever have had against the
other under, or with respect to, the Concession Management Agreement, or the provision by
Distinctive Gourmet of food and beverage services at the Facility; and
WHEREAS, on or about the date hereof, Global Spectrum and Distinctive Gourmet
are entering into a consulting agreement ("Consulting Agreement"), pursuant to which Global
Spectrum will engage Distinctive Gourmet to consult with respect to Global Spectrum's operation of
the food and beverage services at the Facility following the Effective Date (as defined below).
NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants
and promises hereinafter set forth and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree
as follows:
1. Termination of Concession Management Agreement. Effective as of October 1,2005
(the "Effective Date"), the Concession Management Agreement shall terminate and be of no further
force and effect, except for the indemnity provision contained in Section VIlLA which shall survive
termination of such agreement. As of the Effective Date, Distinctive Gourmet shall have no further
rights or obligations with respect to the provision or management of the food and beverage service at
the Facility, except as described in the Consulting Agreement.
2. Payment to Distinctive Gourmet. Unless already paid prior to the date hereof, Global
Spectrum shall pay to Distinctive Gourmet upon execution hereof, as an operating expense of the
Facility from fiscal year 2004-05, the amount of Thirty Four Thousand One Hundred Eighty Nine
Dollars and Eighty Seven Cents ($34,189.87). Such amount is payment for past fees owing to
Distinctive Gourmet under the Concessions Management Agreement.
3. Inventory and Equipment. Distinctive Gourmet shall continue operating under the
Concession Management Agreement in the normal course up to the Effective Date. Distinctive
GlobaVHarborviewTerminationAgreement-BostonConcessions.rv2
Gourmet acknowledges that all food and beverage inventory and equipment on hand at the Facility is
titled in the name of the City, and shall remain at the Facility following the Effective Date, for use by
Global Spectrum.
4. Alcoholic Beverage License. Distinctive Gourmet shall cooperate with Global
Spectrum and the City by promptly executing documents and doing any things necessary and
appropriate for the surrender of and the transfer, as applicable, of the liquor license(s) at the Facility,
so that Global Spectrum may provide food and beverage services at the Facility.
5. Records: Reports. etc. Distinctive Gourmet shall provide to Global Spectrum and the
City, on the Effective Date, copies of all records, reports, documents and financial statements required to
be kept and provided under the Agreement for the current fiscal year, detailing the operation of the food
and beverage service at the Facility up through the Effective Date.
6. Release of Claims. Each of Global Spectrum and Distinctive Gourmet (but not the
City), on behalf of itself and its legal representatives, successors, assigns, affiliates, employees, officers,
directors, and agents (collectively, the "Releasors"), hereby unconditionally and irrevocably releases,
acquits and forever discharges the other (but not the City), and each of its respective affiliates and
subsidiaries and each past and present director, officer, employee and agent of any of the foregoing (all
of the foregoing, and any of their respective successors, assigns, heirs, personal representatives,
administrators and executors being hereinafter collectively referred to as the "Released Parties") from
any and all causes of action, suits, claims, demands, judgments, debts, sums of money, obligations,
liabilities, accounts, bonds, covenants, controversies, agreements, promises, damages and executions of
any kind or nature whatsoever, whether known or unknown or foreseen or unforeseen, in contract or in
tort, and whether or not founded in fact, in law or in equity, that the Releasors has, may have or may
ever have had against any Releases arising out of, or in any way relating to, or in connection with the
Concession Management Agreement, or the performance of Global Spectrum or Distinctive Gourmet
thereunder, through the date hereof. It is the intent of Global Spectrum and Distinctive Gourmet that this
be a general, complete, full, and comprehensive, irrevocable, unconditional and final release of any and
all claims arising prior to the date hereof respecting the Concession Management Agreement or the
performance by Global Spectrum or Distinctive Gourmet of any of their duties thereunder. Nothing in
this Section 6 shall be deemed to be a release by or of the City of any claims under the Concession
Management Agreement or its performance thereunder.
7. Waiver. Each of Global Spectrum and Distinctive Gourmet (but not the City) hereby
waives any and all rights and renounces any and all claims or causes of action each such party has,
may have or may ever have had with respect to the other (but not the City) pursuant to the
Concession Management Agreement or performance by Global Spectrum or Distinctive Gourmet of
its duties thereunder, through the date hereof.
8. Miscellaneous.
(a) Each of the parties hereto hereby agree that it shall keep the terms of this
Agreement, and any factual allegations underlying any claim released hereby confidential, and such
confidential information shall not be used, published, or divulged by either party to any other persons
in any manner without the express, prior, written permission of the other party, except as othelWise
required under the State of Florida's open records act.
2
(b) This Agreement constitutes the entire agreement between the parties hereto
relating to the subject matter hereof and supersedes all prior and contemporaneous oral and written
negotiations, commitments, and understandings of the parties. This Agreement may not be changed
or amended except by a writing executed by both parties.
(c) Any provision of this Agreement which is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining portions hereof or thereof or affecting the
validity or enforceability of such provision in any other jurisdiction.
(d) This Agreement shall be binding upon and inure to the benefit of each of the
parties hereto and their respective successors and assigns.
( e) This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida, excluding its conflicts oflaw rules.
(f) This Agreement may be executed in counterparts, each of which shall
constitute an original, and all of which together shall constitute one and the same document.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
GLOBAL SPECTRUM, L.P.
DISTINCTIVE GOURMET SERVICES
By:
Name: Michel Sauers
Title: President
By:
Name:
Title:
CITY OF CLEARWATER
By:
Name:
Title:
3
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AGREEMENT FOR PROFESSIONAL MANAGEMENT SERVICES
This Agreement for Professional Management Services ("Agreement") is made this _ day of
,2005, by and between the City of Clearwater, a municipal corporation organized and
existing under the laws of the State of Florida ("City"), and Global Spectrum, LP, a limited partnership
organized and existing under the laws of the State of Delaware ("Global") (individually "Party" or
collectively the "Parties").
RECITALS
WHEREAS, the City owns a convention center located in Clearwater, Florida known as the
Harborview Center ("Facility"); and
WHEREAS, the City and Global currently are parties to an Agreement for Professional
Management Services dated January 18, 1995, as amended ("Original Agreement"), pursuant to which
Global is managing and operating the Facility on behalf ofthe City; and
WHEREAS, the City and Global now desire to amend and restate the Original Agreement, in
accordance with the terms and conditions herein set forth, it being intended that this Agreement
supersede in its entirety the Original Agreement.
WHEREAS, all references to the "Facility" in this Agreement shall be deemed to include, and
Global's duties hereunder shall apply to the entire facility complex, including but not limited to, the
meeting rooms, common areas, lobby areas, executive and other offices, storage and utility facilities, and
the entrances, grounds, sidewalks and parking areas surrounding the Facility and adjacent thereto, but
shall not include any leased retail space in the Facility ("Leased Space"), including the space currently
leased to Steinmart, Inc. and Pickles Plus Too, Inc., except as otherwise specifically set forth in this
Agreement.
NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants and
promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows:
ARTICLE 1
SCOPE OF SERVICES
Section 1.1. Engagement.
(a) City hereby engages Global during the Term (as defined in Section 3.1) to
act as the sole and exclusive manager and operator of the Facility, in accordance with the terms and
conditions herein and to perform the services described in Exhibit "A" (attached hereto and made a part
hereof) ("Services").
(b) Global hereby accepts such engagement, and shall perform the Services
subject to the limitations expressly set forth in this Agreement, Global's current Operations Manual,
(which is incorporated herein by reference, and which has previously been submitted to and approved by
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the City), and any applicable terms and conditions of existing agreements between the City and Lessees at
the Facility, (specifically, Steinmart Inc., and Pickles Plus Too, Inc.), which shall effect Global's
performance hereunder. Global shall submit to the City for review and approval, any amendments to the
Operations Manual before any such amendment shall be binding as part ofthis Agreement. Should there
be a conflict between the terms and conditions of the Operations Manual and this Agreement, the terms of
this Agreement shall supersede those ofthe Operations Manual and be binding upon the parties hereto.
Section 1.2 Contingency. Global's obligations under this Agreement are contingent
upon and subject to the City making available, in a timely fashion, the City subsidy towards operations
expenses, as set forth in Section 2.4 below ("Subsidy" or "Total Subsidy"), as well as any additional
funds permitted to be incurred by Global hereunder towards operating expenses of the Facility. City
agrees to provide an annual City Cash Subsidy (as defined in Section 2.4) within the first three days of
each Fiscal Year, and will pay the remaining portions of the Subsidy as and when described in Section 2.4
below. Global shall not be considered to be in breach or default of this Agreement, and shall have no
liability to the City or any other party, in the event Global does not perform any of its obligations
hereunder due to failure by the City to timely provide such funds.
ARTICLE 2
COMPENSATION
Section 2.1 Management Fee. As consideration for the performance of Global's
obligations hereunder, Global shall draw a base management fee ("Base Management Fee"), subject to
and adjusted in accordance with the provisions herein. The Base Management Fee for the first (1 st)
Operating Year shall be Seventy-Nine Thousand dollars ($79,000). Beginning in the second Operating
Year, the Base Management Fee shall be increased annually in accordance with the percentage increase (if
any) for such year over the previous year in the Consumer Price Index for the local Clearwater area, as
published by the United States Department of Labor, Bureau of Labor Statistics or such other successor or
similar index. The Base Management Fee shall be payable to Global in advance each month, beginning
on the Effective Date and payable on the first (1 st) day of each month thereafter, (in one-twelfth
increments of the total Base Management fee due for each corresponding Operating Year). "Operating
Year" shall run concurrent with the City's fiscal year, or October 1 through September 30 of each year.
The Base Management Fee shall be included in the annual Operating Budget as an Operating Expense (as
such terms are defined herein) ofthe Facility, and Global shall be entitled to pay itself such amount from
the Facility Operating Account (as defined in Section 8.2 below).
Section 2.2 Additional Management Fee. In addition to the Base Management Fee
described in Section 2.1 above, Global shall be entitled to an additional management fee ("Additional
Management Fee") at the end of each Operating Year of the Term in which the Facility realizes a
"Profit" (defined as net income, to the extent it is a positive number, per Global's audited financial
statements as required hereunder, which includes the Total Subsidy (as defined herein) as a revenue item
and expenditures paid back to the City for City services (as described in Section 7.2) as an expense item).
Global shall receive Seventy Percent (70%) of Profit, and City shall receive Thirty Percent (30%) of
Profit. Profit shall be paid to the Parties within thirty (30) days of the filing of the audited financial
statements by Global to the City for such Operating Year. Global shall be responsible to provide audited
financials to the City no later than sixty (60) days following the Fiscal or Operating Year-end. A local or
regional accounting firm, subject to the City's written approval, shall conduct such audited financials. As
consideration for the opportunity to earn an unlimited Additional Management Fee, Global agrees to
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assume the risk of a Loss (defined below, and payable as described in Section 2.3), up to the amounts set
forth in Section 2.3 below.
Section 2.3 Rebate ofFacilitv Loss. In the event the Facility experiences a "Loss" in
any Operating Year (defined as net income, to the extent it is a negative number, per Global's audited
financial statements as required hereunder, which includes, the Total Subsidy (as defined herein) as a
revenue item and expenditures paid back to the City for City services (as described in Section 7.2) as an
expense item), Global shall rebate, by depositing into the Operating Account, the amount of said Loss up
to an amount equal to $228,300 in the first Operating Year, $212,000 in the second Operating Year, and
$200,000 in the third and fourth Operating Years ("Rebate"). Any Loss in excess ofthe amount due as a
Rebate by Global under the previous sentence shall be the sole responsibility of the City. The Rebate, if
any, shall be paid into the Operating Account as an advance during each Operating Year if and when
needed due to a cash shortfall, in order to permit the continuation of operations at the Facility, without
interruption. The parties shall hold a settlement within ninety (90) days ofthe end of each Operating Year
to account to each other for any underpayment or overpayment by Global towards a Loss during such
Operating Year. Notwithstanding the foregoing, in the event of a Force Majeure, upon the happening of
such occurrence, Global's shall not be obligated to advance such Rebate during the Operating Year, but
rather, to the extent it is obligated to pay the Rebate, shall pay it following the end of such Operating
Year.
Section 2.4 Subsidies. The Total Subsidy for each Operating Year to be paid by the
City to Global shall consist of a City Cash Subsidy ("City Cash Subsidy"), plus the base rent from lease
agreements with Steinmart and Pickles Plus Too, Inc., as provided for below:
Operating Year
City Cash Subsidy
Steinmart
Pickles Plus
1 (2005-06)
2 (2006-07)
3 (2007-08)
4 (2008-09)
$283,300
$150,000
$150,000
$150,000
$150,000
$30,000
$30,000
$30,000
$30,000
The City Cash Subsidy shall be paid to Global annually, in accordance with Section 1.2
hereunder, and the Lessee rent portions of the Total Subsidy shall be paid to Global monthly by the date
on which such amounts are due from the Lessees under their respective lease agreements (regardless of
when such amounts are actually paid to the City, and even if for any reason such amounts are not paid to
the City), and shall be deposited into the Operating Account.
The City shall retain any additional rents paid by Steinmart or Pickles Plus, Inc. in accordance
with their respective lease agreements in excess of the above base rent amounts.
Section 2.5 Re-Negotiation of Economic Terms. In the event ofa Force Majeure (as
defined in Section 16.5) resulting in a temporary or prolonged closure or reduction in activity of the
Facility, or if expenses outside the reasonable control of Global, such as insurance or utility costs,
substantially increase during the Term, the parties agree to renegotiate in good faith the economic terms of
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this Agreement to preserve the economic benefits of both parties hereunder in a manner that is satisfactory
to Global and the City.
ARTICLE 3
TERM; TERMINATION
Section 3.1 Term. The Parties acknowledge that the Term of this Agreement shall be
from October 1, 2005 ("Effective Date") and shall expire on September 30,2009 ("Termination Date").
"Operating Year" for year one shall be from October 1, 2005 to September 30, 2006. Thereafter,
Operating Year shall be the twelve-month period beginning on October 1 ofthe corresponding year and
terminating on September 30 of the following calendar year. The parties may extend the Term as
mutually agreed by written Amendment to this Agreement. Notwithstanding the fact that the Effective
Date has not yet occurred, this Agreement shall be binding on the parties upon execution and delivery
hereof.
Section 3.2
Termination.
(a) This Agreement may be terminated (i) by Global, upon thirty (30)
days written notice, if Global fails to earn and retain, following any Rebate, a Base Management Fee
of at least $1.00 in any two (2) consecutive Operating Years; (ii) by either party upon thirty (30) days
written notice, if the other party fails to perform or comply with any of the material terms, covenants,
agreements or conditions hereof, and such failure is not cured within thirty (30) days following
written notification of the non-compliance, or (iii) by either party immediately by written notice to the
other party being judged bankrupt or insolvent, or if any receiver or trustee of all or any part of the
business property of the other party shall be appointed and shall not be discharged within one hundred
twenty (120) days after appointment, or if either party shall make an assignment of its property for the
benefit of creditors or shall file a voluntary petition in bankruptcy or insolvency, or shall apply for
bankruptcy under the bankruptcy or insolvency laws now in force or hereinafter enacted, Federal,
State or otherwise, or if such petition shall be filed against either party and shall not be dismissed
within one hundred twenty (120) days after such filing, or (iv) by the City should the City Council
determine in its sole discretion, that the Facility property is needed for municipal purpose as provided
for in the City of Clearwater Code of Ordinances. This right of termination is to be considered in
addition to all other rights of termination set out in this Agreement.
(b) In the event this Agreement expires or is terminated prior to the end of the
Term, in addition to the other amounts due Global hereunder, the City shall pay Global all fees earned and
due Global including, the Base Management Fee and Additional Management Fee, and Global shall pay
to City any Rebate due to the City hereunder for the Operating Year in which this Agreement terminated
up to the Termination Date (if applicable) and any and all monies past due, with all accounting to be
performed in accordance with the provisions herein, and applied on a pro-rata basis. Additionally, in the
event this Agreement is terminated by the City pursuant to Section 3.2(a)(iv) above, the City shall
reimburse Global for withdrawing from services hereunder, only to the extent that such costs are more
particularly set out in Exhibit "B" attached hereto and made a part hereof. Global shall provide the City
with written documentation of all such expenses prior to payment by the City.
(c) Upon termination or expiration ofthis Agreement for any reason, Global
shall (i) promptly discontinue the performance of all Services hereunder, (ii) deliver or otherwise make
available to the City all data, electronic files, documents, procedures, reports, estimates, summaries, and
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other such information and materials with respect to the Facility as may have been accumulated by Global
in performing its obligations hereunder, whether completed or in process, and (iii) assign to the City all
contracts or leases entered into by Global in furtherance of its duties hereunder. In fulfilling its duties
hereunder, Global shall incorporate into any agreements with third parties a municipal purpose
termination clause allowing the City to terminate immediately if the City Council of Clearwater
determines the subject property is needed for municipal purpose.
(d) The remedies described in this Section 3.2 are not exclusive, and shall be
in addition to any other remedies the parties may be entitled to, either by virtue of the terms of this
Agreement, at law or in equity, as a result of a breach or termination of this Agreement.
ARTICLE 4
OWNERSHIP; USE OF THE FACILITY
Section 4.1 Ownership ofFaci1itv. Data. Equipment and Materials. The City will at
all times retain ownership of the Facility, including but not limited to real estate, technical equipment,
furniture, displays, fixtures and similar property, including improvements made during the Term or
property acquired by Global as an Operating Expense, in addition to any data, equipment or other
materials at the Facility ("City Property"). Global shall report to City any purchases of equipment costing
in excess of One Thousand Dollars ($1,000.00) and which have a usefu11ife in excess of one year. Such
items shall be tagged as fixed assets in accordance with, and as required by applicable Florida law. City
retains the right, at all times, and upon expiration or termination ofthis Agreement, to inventory all assets
of the facility upon reasonable notice. In addition to tagging of fixed assets as required by law, Global
shall, within its weekly operating report to the City, notify City Contract Administrator of such purchases
or losses of such City Property. City Property to be used at the Facility shall remain the property of the
City, and shall be returned to the City when no longer needed by Global to perform under this Agreement.
Under no circumstances shall City Property be removed from the Facility without the express, written
consent ofthe City. Notwithstanding the above, all computer software developed or otherwise owned or
licensed by Global for use at all or substantially all of Global's facilities shall, as between the City and
Global, remain the sole property of Global, and may be retained by Global upon expiration or termination
hereof, even ifthe pro-rata cost of using such software is charged to the Facility as an Operating Expense.
Within thirty (30) days ofthe execution of this Agreement, Global shall provide the City with a written
inventory of all tagged assets.
Global shall be responsible to record and report all losses of City Property in accordance with the
procedures in its Operating Manual. An amount equal to 0.05% of gross food and beverage sales in each
fiscal operating year shall be permitted as an Operating Expense to replace any lost, damaged or missing
Smallwares from such year. Global shall be responsible for replacing any lost, damaged or missing
smallwares in each such year, the cost of which is in excess of 0.05% of gross food and beverage sales.
Furthermore, Global shall reimburse the City at the end of each fiscal operating year for the actual cash
value of all lost or missing (but not damaged) City Property, other than Smallwares, used in the operation
ofthe Facility (as opposed to City Property not related to the operation ofthe Facility, such as artwork on
display in the Facility) in excess of $2,500 each year. For purposes of this Agreement, "Smallwares"
shall be defined as glassware, china, flatware, decorations, bar service ware, pots, pans, kitchen utensils,
storage containers and buffet ware. The parties will, within 30 days ofthe commencement ofthe Term,
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jointly conduct an audit of the inventory in the Facility. Actual losses will be determined according to the
inventory audit at the end of each fiscal year as provided for in the Operations Manual.
Section 4.2 Right of Use. The City hereby gives Global the right to use the Facility,
and Global accepts such right of use, for the purpose of performing the Services herein specified,
including the operation and maintenance of all physical and mechanical facilities necessary for, and
related to, the operation, maintenance and management of the Facility. Global shall be entitled to use
throughout the Term, the office space and equipment used by Global immediately prior to the Effective
Date (or, if for any reason such office space becomes unusable, sufficient substitute office space). In
addition, the City shall make available to Global, at no cost, parking spaces adjacent to the Facility for all
of Global's full-time employees and for the Facility's event staff, but in no event shall said assigned
parking conflict with parking provided to Lessees of the Leased Space, the adjoining City Library or
spaces specifically marked for any other parties.
Section 4.3 Observance of AlITeements. The City agrees to pay, keep, observe and
perform all payments, terms, covenants, conditions and obligations under any leases, bonds, debentures,
loans and other financing and security agreements to which the City is bound in connection with its
ownership of the Facility.
Section 4.4 Use by the City. Subject to availability, the City shall have the right to
use the Facility or any part thereof for an "at cost" rental fee, meaning that the City shall promptly
reimburse Global for any direct out-of-pocket expenses incurred by Global in connection with such
use (including without limitation expenses for labor, set-up and take-down, utilities and supplies in
connection with such use). Such use shall be subject to the City providing notice no earlier than
ninety (90) days prior to the event. Such use shall be subject to confirmation by Global that the use
will not compete with, nor conflict with, paying events booked, or dates held, by Global. Upon
request of the City, Global shall provide to the City a list of available dates for City use of the Facility
in accordance with the above.
ARTICLE 5
PERSONNEL
Section 5.1 Generally. All Facility staff and other personnel shall be engaged or hired
by Global, and shall be employees, agents or independent contractors of Global (or a subsidiary or
affiliate thereof), and not of the City. Global shall select the number, function, qualifications, and
compensation, including salary and benefits, of its employees and shall control the terms and conditions
of employment (including without limitation termination thereof) relating to such employees. Global
agrees to use reasonable and prudent judgment in the selection and supervision of such personnel and act
in accordance to its Employee Manual. Global hereby represents that it conducts drug testing and
background checks on its employees, as well as financial background checks on its business management.
Section 5.2 General Manager. Personnel engaged by Global will include an individual
with managerial experience in similar facilities to serve as a full-time on-site general manager of the
Facility (the "General Manager"). The parties acknowledge that the General Manager is currently
Isabelle Blainey. The General Manager will have general supervisory responsibility for Global and will
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be responsible for day-to-day operations of the Facility, supervision of employees, and management and
coordination of all activities associated with events taking place at the Facility.
Section 5.3 Non-Solicitation. During the Term and for a period of one (1) year after
the end ofthe Term, the City shall not, without Global's prior written consent, solicit for employment by
the City, or encourage to cease rendering services to Global, any management-level employee of Global
with whom the City has had dealings by virtue of the engagement of Global hereunder, including the
General Manager, Assistant General Manager, Business Manager, Director of Operations, Director of
Marketing, or any other department head. In the event the City breaches this Section 5.3 with respect to
any employee or agent of Global, the City shall pay Global as liquidated damages an amount equal to one
year's base salary for such employee or agent. The parties agree that such amount is an estimate ofthe
actual damages Global will suffer as a result of a breach of this Section 5.3, and shall be deemed to
constitute liquidated damages and not a penalty of any kind, however, if recovered shall represent full
settlement and the sole means of recovery by Global for the breach. In the event for any reason Global is
not paid such amount as liquidated damages, Global shall be entitled, in the event of a breach of this
Section 5.3 to equitable relief, including an injunction to enjoin and restrain the City from continuing such
breach, and any other remedies at law or in equity to which it may be entitled. It is further understood and
agreed that no failure or delay by Global in exercising any right, power or privilege hereunder shall
operate as a waiver thereof.
ARTICLE 6
OPERATING BUDGET
Section 6.1
Establishment of Operating Budget.
(a) Global agrees that prior to March 31 preceding each Operating Year, it
will prepare and submit to the City a line item budget for the Facility for such upcoming Operating Year
(to be approved by the City pursuant to Section 6.2, the "Operating Budget"). Each annual Operating
Budget shall include a projection of gross revenues and Operating Expenses, presented on a monthly and
annual basis. The Operating Budget shall serve as an estimate of expected revenue and expenses for the
Facility. The City agrees to provide Global with all information in its possession necessary to enable
Global to prepare the Operating Budget. The Operating Budget shall be presented on the City's Budget
Schedule form BS6A as described by example in Exhibit "C" (attached hereto and made a part hereof),
which format may from time to time change at the City's discretion.
(b) All line items in the Operating Budget shall be deemed to be Operating
Expenses ofthe Facility, and shall be payable by Global with funds from the Facility Operating Account,
pursuant to the terms hereof; provided that the parties specifically agree that Operating Expenses shall not
include Capital Expenditures, debt service on the Facility, any Additional Management Fee, any internal
service fees (unless agreed upon in advance by Global in writing), or any Targeted Taxes (as defined on
Exhibit A), all of which shall be paid by the City from separate funds.
Section 6.2 Approval of Operating Budget. Each annual Operating Budget shall be
subject to the review and approval of the City, which approval shall not be unreasonably withheld or
delayed. In order for the City to fully evaluate and analyze such budgets or any other request by Global
relating to income and expenses, Global agrees to provide to the City such reasonable financial
information relating to the Facility as may be requested by the City from time to time. If extraordinary
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events occur during any Operating Year that could not reasonably be contemplated at the time the
corresponding Operating Budget was prepared, Global may submit an amendment to such budget for
review and approval by the City (which approval shall not be unreasonably withheld or delayed). Budget
amendments submitted hereunder shall be processed in accordance with the City's policies and timelines
for such amendments. If the City fails to approve any annual Operating Budget (or any proposed
amendment thereto), the City shall promptly provide Global the specific reasons therefore and its
suggested modifications to Global's proposed Operating Budget or amendment in order to make it
acceptable. The parties shall then engage in good faith discussions and use reasonable commercial efforts
to attempt to resolve the matter to the mutual satisfaction of the parties, including, if applicable,
negotiation of a mutually acceptable modification to the economic terms of this Agreement to enable
Global to achieve the compensation contemplated by its proposed Operating Budget. If, despite such
good faith negotiations, the parties are unable to agree on the operating budget for such period, Global
may terminate this Agreement, without liability to City except for any amounts then due in accordance
with the terms herein, upon one hundred twenty (120) days written notice to the City (during which
period Manager shall continue to perform its duties hereunder in accordance with the prior year's annual
operating budget).
Section 6.3 Adherence to Operating Budget. Global shall manage and operate the
Facility in accordance with the Operating Budget, but shall have no liability for failing to achieve
estimated projections contained therein other than as specifically set forth herein. Without the prior
consent of the City, Global shall not exceed, commit or contract to expend any sums in excess of the
aggregate amounts allowed in the Operating Budget or otherwise approved by City, except (i) if such
additional expenditure is necessary to perform an Emergency Repair (as defined in Section 10.2 below),
in which event Global shall notify the City prior to making such repair, (ii) if such additional cost is offset
by a corresponding increase in Revenue; and (iii) for increased costs resulting from events scheduled
pursuant to Section 4.4. Global agrees to provide monthly budgeted to actual reporting ofthe forecasted
budget, in writing to the City, and, as promptly as practicable after becoming aware of such, any
significant change or variance in the bottom line number in the Operating Budget, and any material
increase in the total costs (as opposed to any particular line item cost) from that provided for in the
Operating Budget (unless such change, variance or increase is a result of, or offset by, a corresponding
increase in Revenue) and if necessary, present any material change or variance in the bottom line number,
or information related to same, to the City Council at its next regularly scheduled Council meeting.
ARTICLE 7
FUNDING
Section 7.1 Source of Funding. Global shall pay all items of expense for the
operation, maintenance, supervision and management of the Facility from the funds in the Facility
Operating Account. The Facility Operating Account shall be funded with amounts generated by operation
of the Facility (as described in Article 8 below), and by subsidies as described herein. In the event the
City becomes aware of expenses outstanding and overdue which are not disputed by Global, or it is
expressly requested ofthe City to make payment on expenses which are not disputed by Global and have
unreasonably gone unpaid, the City may make payment of such expenses and seek reimbursement from
Global as an Operating Expense of the Facility.
Section 7.2 Funding for Expenses Paid by the City. Global shall reimburse the
City, as an Operating Expense, for all pre-approved items of expense paid by the City for services
provided by the City (which may include, for example, power, LT. charges, telephones, etc.). The
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City will bill Global for these amounts on a monthly basis, and Global shall reimburse the City by
check from the Operating Account. Notwithstanding anything to the contrary contained herein,
Global shall have no obligation to use City services at the Facility, and may, in its sole discretion, use
a third party to provide such services instead of using the City.
Section 7.3 Funding for Property Insurance. Global shall reimburse the City, as
an Operating Expense, for property insurance on the Facility. The parties acknowledge that the
current expense for property insurance is $800.00 per year. The City agrees that in no event shall the
annual increase in the cost of property insurance charged to the Facility exceed twenty five percent
(25%) over the cost charged in the preceding Operating Year. The city will bill Global for this
expense on a monthly basis, and Global shall reimburse the City by check from its Operating
Account.
Section 7.4 Advancement of Funds. Any necessary advancement for shortfalls in
the Operating Account after the Subsidies have been provided, shall be made by Global by deposit
into the Operating Account, as needed, up to the amount of the Rebate for such Operating Year. Any
necessary advancements after Global has advanced the amount of the Rebate for such year shall be
made by the City, as needed. All such advances shall be included in the computation of "Profit" or
"Loss" for the purpose of determining whether any Rebate is due from Global, and shall be accounted
for at the year-end settlement described in Section 2.3 above.
ARTICLE 8
PROCEDURE FOR HANDLING INCOME
Section 8.1 Event Account. Global shall deposit as soon as practicable following
receipt, in an interest-bearing account in a local qualified public depository to be designated by the City in
writing ("Event Account"), all revenue received from ticket sales and similar event-related revenues
which Global receives in contemplation of, or arising from, an event, pending completion of the event.
Such monies will be held in escrow for the protection ofticket purchasers, the City and Global, to provide
a source of funds as required for payments to performers and for payments of direct incidental expenses
in connection with the presentation of events that must be paid prior to or contemporaneously with such
events. Promptly following completion of such events, Global shall transfer all funds in the Event
Account into the Facility Operating Account. Interest accrued on amounts in the Event Account shall be
part of the Facility operating income and shall be transferred to the Facility Operating Account, unless
Global is required to pay such interest to the promoter of an event pursuant to its respective license
agreement with the promoter. Bank service charges, if any, on such account(s) shall be deducted from
interest earned. The Event Account shall be in the name of the City, under the City's federal
identification number.
Section 8.2 Facility Operating Account. Except as provided in Section 8.1, all
Revenue derived from operation of the Facility shall be deposited by Global into an interest-bearing
account in a local qualified public depository to be designated by the City in writing ("Facility Operating
Account") as soon as practicable upon receipt. The Facility Operating Account shall be in the name of
the City, under the City's federal identification number. As provided in Section 7.1, Global shall have the
right to use the funds in the Facility Operating Account to pay, by check, the Facility Operating Expenses.
The specific procedures (and authorized individuals) for making deposits to and withdrawals from such
account shall be set forth in the Operations Manual, but the parties specifically agree that Global shall
have authority to sign checks and make withdrawals from such account, subject to the terms and
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conditions of this Agreement, without needing to obtain the co-signature of a City employee or
representative. "Revenue" shall mean all revenues generated by Global's operation of the Facility,
including but not limited to the Subsidy, event ticket proceeds income, event rental income, merchandise
income, food and beverage concessions income, advertising and sponsorship sales income, equipment
rental fees, box office income, miscellaneous operating income, parking income, and any naming rights
permitted by the City (through an approval of City Council) to be sold, or pouring rights sold by Global
(subject to the existing exclusive rights of Coca-Cola Enterprises Inc.), but shall not include monies
collected (or to be collected) for the benefit of and paid to third parties (for example, event promoters).
ARTICLE 9
FISCAL RESPONSIBILITY; REPORTING
Section 9.1 Records. Global agrees to keep and maintain, at its office in the Facility,
separate and independent records, in accordance with generally accepted accounting principles, devoted
exclusively to its operations in connection with its management of the Facility. Such records (including
books, ledgers, journals, and accounts) shall contain all entries reflecting the business operations of
Global under this Agreement. The City or its authorized agent shall have the right to audit and inspect
such records from time to time during the Term, upon reasonable notice to Global and during Global's
ordinary business hours.
Section 9.2 Monthly Financial Reports. Global agrees to provide to the City, within
thirty (30) days after the end of each month during the Term, financial reports for the Facility including a
balance sheet, aging report on accounts receivable, accounts payable and customer deposits, and statement
of revenues and expenditures (budget to actual) for such month and year to date in accordance with
generally accepted accounting principles. In addition, Global agrees to provide to the City a summary of
bookings for each such month, and separate cash receipts and disbursements reports for each event held at
the Facility during such month. Additionally, Global shall submit to the City, or shall cause the applicable
public depository utilized by Global to submit to the City, on a monthly basis, all bank statements and
reconciliation concerning the Event Account and the Facility Operating Account.
Section 9.3 Audit. Global agrees to provide to the City, within sixty (60) days
following the end of each Operating Year, a certified audit report on the accounts and records as kept by
Global for the Facility. Costs associated with obtaining such certified audit report shall be an Operating
Expense of the Facility, payable from the Facility Operating Account. Such audit shall be performed by a
local, external auditor approved by the City, and shall be conducted in accordance with generally accepted
auditing standards.
ARTICLE 10
CAPITAL IMPROVEMENTS
Section 10.1 Schedule of Capital Expenditures. Global shall annually, at the time of
submission of the annual Operating Budget to the City, provide to the City a six (6) year forecasted
schedule of capital improvements necessary at the Facility and requiring a Capital Expenditure (as defined
below), for the purpose of allowing the City to consider for inclusion such projects in its budget for the
ensuing year, in its sole discretion, and to prepare and update a long-range capital expenditure budget.
For purposes of this paragraph, "Capital Expenditures" shall mean all expenditures for building
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additions, alterations, or improvements and for purchases of additional or replacement furniture,
machinery, or equipment, when~ the cost of such expenditure is greater than $5,000 and the depreciable
life of the applicable item is, according to generally accepted accounting principles, in excess of one (1)
year.
Section 10.2 Responsibility for Caoital Expenditures. The City shall be solely
responsible for all Capital Expenditures at the Facility (which Capital Expenditures shall not be an
Operating Expense). The City covenants and agrees to budget one hundred thousand dollars ($100,000)
each Operating Year to be available for capital needs at the Facility. Global may request and recommend
such capital repairs which the City shall, in its sole discretion, schedule annually. Notwithstanding the
foregoing, Global shall have the right to make Capital Expenditures at the Facility for "Emergency
Repairs" (defined as the repair of a condition which, if not performed immediately, creates an imminent
danger to persons or property and/or an unsafe condition at the Facility threatening persons or property),
and shall be promptly reimbursed by the City for any such expenditures. Global shall verbally notify City
immediately regarding any emergency requiring such a repair, and in writing, no later than twenty-four
(24) hours after the need for such a repair arises.
ARTICLE 11
AGREEMENT MONITORING AND GENERAL MANAGEMENT
Section 11.1 Contract Administrator. Each party shall appoint a contract administrator
who shall monitor such party's compliance with the terms of this Agreement. Each party shall notify the
other of the name of its contract administrator within thirty (30) days of execution hereof. Any and all
references in this Agreement requiring Global or City participation or approval shall mean the
participation or approval of such party's contract administrator, or for any approval requiring Council
review in accordance with the Clearwater City Code, such approval shall be provided by the Council.
The Contract Administrator for the City shall be its Parks and Recreation Director.
ARTICLE 12
INDEMNIFICATION
Section 12.1 Indemnification bv Global. Global agrees to defend, indemnify and hold
harmless the City and its agents, servants and employees against any claims, causes of action, costs,
expenses (including reasonable attorneys' fees) liabilities, or damages (collectively, "Losses") suffered by
such parties, arising out of or in connection with any (a) negligent act or omission, or intentional
misconduct, on the part of Global or any of its employees or agents in the performance of its obligations
under this Agreement, or (b) breach by Global of any of its representations, covenants or agreements
made herein.
Section 12.2 Conditions to Indemnification. With respect to each separate matter
brought by any third party against which a party hereto ("Indemnitee") is indemnified by the other
party ("Indemnitor") under this Article 12, the Indemnitor shall be responsible, at its sole cost and
expense, for controlling, litigating, defending and/or otherwise attempting to resolve any proceeding,
claim, or cause of action underlying such matter, except that (a) the Indemnitee may, at its option,
participate in such defense or resolution at its expense and through counsel of its choice; (b) the
Indemnitee may, at its option, assume control of such defense or resolution if the Indemnitor does not
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promptly and diligently pursue such defense or resolution, provided that the Indemnitor shall continue
to be obligated to indemnify the Indemnitee hereunder in connection therewith; and (c) neither
Indemnitor nor Indemnitee shall agree to any settlement without the other's prior written consent
(which shall not be unreasonably withheld or delayed). In any event, Indemnitor and Indemnitee shall
in good faith cooperate with each other and their respective counsel with respect to all such actions or
proceedings, at the Indemnitor's expense. With respect to each and every matter with respect to
which any indemnification may be sought hereunder, upon receiving notice pertaining to such matter,
Indemnitee shall promptly (and in no event more than twenty (20) days after any third party litigation
is commenced asserting such claim) give reasonably detailed written notice to the Indemnitor of the
nature of such matter and the amount demanded or claimed in connection therewith.
Section 12.4 Survival. The obligations of the parties contained in this Article 12 shall
survive the termination or expiration of this Agreement.
ARTICLE 13
INSURANCE; BONDS
Section 13.1 Types and Amount of Coverage. Global agrees to obtain insurance
coverage in the manner and amounts as set forth in Exhibit "D", attached hereto, and shall provide to the
City promptly following the Effective Date a certificate or certificates of insurance evidencing such
coverage. Global shall maintain such referenced insurance coverage at all times during the Term, and will
not make any material modification or change from these specifications without the prior approval of the
City. Each insurance policy shall include a requirement that the insurer provide Global and the City at
least thirty (30) days written notice of cancellation or material change in the terms and provisions of the
applicable policy. The cost of all such insurance shall be an operating expense ofthe Facility.
Section 13.2 Rating: Additional Insured. All insurance policies shall be issued by
insurance companies rated no less than A VIII in the most recent "Bests" insurance guide, and licensed in
the State of Florida or as otherwise agreed by the parties. All such policies shall be in such form and
contain such provisions as are generally considered standard for the type of insurance involved. The
commercial general liability policy, automobile liability insurance policy and umbrella or excess liability
policy to be obtained by Global hereunder shall name City as an additional insured. The workers
compensation policy to be obtained by Global hereunder shall contain a waiver of all rights of
subrogation against the City. Global shall require that all users of the Facility, including without
limitation licensees, ushers, security personnel and concessionaires, provide to the City and to Global
certificates of insurance evidencing insurance appropriate for the types of activities such user is engaged
in. If Global subcontracts any of its obligations under this Agreement, Global shall either: (a) cover all
subcontractors under its policies of insurance, or (b) require each subcontractor not so covered to secure
insurance that will protect against applicable hazards or risks of loss as and in the minimum amounts
designated herein, and name Global and the City as additional insureds.
Section 13.3 Bonds. Those employees of Global who have access to or are responsible
for the funds generated under this Agreement shall be bonded by a crime policy covering the activities of
such employees in form and amount as set forth on Exhibit D.
ARTICLE 14
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CONCESSIONS
Section 14.1 Generally. Subject to the remainder of this Article 14, beginning on
the Effective Date, Global shall have the sole and exclusive right to manage and perform food and
beverage concession and catering sales in the Facility subject to the rights of Pickles Plus Too, Inc., to
offer food service on the first floor of the facility under the City's existing agreement with Pickles
Plus Too, Inc. The parties acknowledge and agree that all net revenue from such food and beverage
concession and catering sales shall be deemed to be Facility Revenue.
Section 14.2 Other Agreements. The City agrees that, simultaneously with
execution of this Agreement and as a condition precedent to Global's obligations under this
Agreement, the City, Global, and Distinctive Gourmet (f/k/a Boston Concessions) ("Distinctive
Gourmet") shall enter into a termination agreement, pursuant to which the City, Global, and
Distinctive Gourmet shall mutually agree to terminate, effective immediately upon execution of such
agreement, Distinctive Gourmet's right to manage and perform food and beverage concession services
at the Facility under the Concession Agreement between the Parties dated April 16, 1996. Payment
for any monies due Distinctive Gourmet (f/k/a Boston Concessions) under the agreement to be
terminated shall be paid by Global out of operating expenses, as available, until such time as said
agreement is terminated. The City acknowledges that, simultaneously with execution of this
Agreement and the termination of the Concession Agreement, Global intends to enter into a
consulting agreement with Distinctive Gourmet, pursuant to which Distinctive Gourmet shall provide
consulting services to Global with respect to Global's management and performance of the food and
beverage concession services at the Facility pursuant to Section 14.1 above. Payment by Global for
such services shall be made from Global's own funds.
ARTICLE 15
FUTURE CITY OWNED FACILITIES
Section 15.1 Generally. In the event at anytime during the Term the City determines it
will construct a new convention center or other similar facility with exhibition, meeting or banquet space,
and the City desires to engage a private management company to manage such facility, the City shall
notify Global in writing and engage in good faith discussions with Global regarding the possibility of
Global consulting and/or managing such new facility.
ARTICLE 16
MISCELLANEOUS
Section 16.1 Confidentiality. This Agreement and its terms, conditions, provisions
and contents shall be kept strictly confidential and shall not be disclosed by either party hereto to any
person except such party's employees, attorney's, accountants, financial advisors, advertising
agencies and other advisors who have a need to know such information, except in the case of a
proceeding surrounding a dispute under this Agreement or as may otherwise be required by court
order or applicable law, in which case such disclosure shall be conditioned on all reasonable steps
being taken to maintain the confidentiality of the economic terms of this Agreement (unless applicable
law requires disclosure of such terms).
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Section 16.2 No Discrimination. Global agrees that it will not discriminate against any
employee or applicant for employment for work under this Agreement because of race, religion, color,
sex, disability, national origin, ancestry, physical handicap, or age, and will take affirmative steps to
ensure that applicants are employed, and employees are treated during employment, without regard to
race, religion, color, sex, disability, national origin, ancestry, physical handicap, or age.
Section 16.3 Use of Facility Names and Logos. Global shall have the right to use
throughout the Term, without charge, the name and all logos ofthe Facility, on Global's stationary, in its
advertising ofthe Facility, and whenever conducting business ofthe Facility; provided, that Global shall
take all prudent and appropriate measures to protect the intellectual property rights of the City relating to
such logos. All intellectual property rights in any Facility logos developed by Global or the City shall be
and at all times remain the sole and exclusive property of the City. Global agrees to execute any
documentation requested by the City from time to time to establish, protect or convey any such
intellectual property rights.
Section 16.4 Facility Advertisements. The City agrees that in all advertisements placed
by the City for the Facility or events at the Facility, whether such advertisements are in print, on radio,
television, the Internet or otherwise, it shall include a designation that the Facility is a "Global Spectrum
managed facility" owned by the City of Clearwater.
Section 16.5 Force Maieure. Except as otherwise provided herein, neither party shall
be obligated to perform, and neither party shall be deemed to be in default of its performance, if prevented
by an occurrence outside such party's reasonable control, such as: (a) fire, earthquake, hurricane, wind,
flood, act of God, riot, terrorist act or threat, or civil commotion occurring at the Facility, or (b) any law,
ordinance, rule, regulation, or order of any public or military authority stemming from the existence of
economic or energy controls, hostilities, war, or governmental law and regulation, or (c) labor dispute
which results in a strike affecting the Facility or services described in this Agreement (collectively, a
"Force Majeure").
Section 16.6 Assignment. Neither party may assign this Agreement without the prior
written consent of the other, which consent shall not be unreasonably withheld or delayed.
Section 16.7 Notices. All notices required or permitted to be given pursuant to this
Agreement shall be in writing and delivered personally or sent by registered or certified mail, return
receipt requested, or by generally recognized, prepaid, overnight air courier services, to the address and
individual set forth below. All such notices to either party shall be deemed to have been provided when
delivered, if delivered personally, three (3) days after mailed, if sent by registered or certified mail, or the
next business day, if sent by generally recognized, prepaid, overnight air courier services.
If to the City:
If to Global:
City of Clearwater
Mr. Kevin Dunbar
100 S. Myrtle Ave., pI Floor
Clearwater, Florida 33756
Global Spectrum, L.P.
c/o Michel F. Sauers
780 94th Ave. North, Suite 107
St. Petersburg, Florida 33702
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With a copy to:
With a copy to:
City of Clearwater
112 S. Osceola Ave.,
Clearwater, Florida 33756-5103
Attn: City Attorney
Philip I. Weinberg, Esquire
Comcast Spectacor, L.P.
3601 South Broad Street
Philadelphia, Pennsylvania 19148-5290
The designation of the individuals to be so notified and the addresses of such parties set
forth above may be changed from time to time by written notice to the other party in the manner set forth
above.
Section 16.8 Severability. If a court of competent jurisdiction or an arbitrator
determines that any term ofthis Agreement is invalid or unenforceable to any extent under applicable law,
the remainder ofthis Agreement (and the application ofthis Agreement to other circumstances) shall not
be affected thereby, and each remaining term shall be valid and enforceable to the fullest extent permitted
by law.
Section 16.9 Prior Agreements. This Agreement (including the exhibits and schedules
referenced herein) incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings concerning the subject matter hereof, and supersedes and replaces and
such prior negotiations, understandings and agreements (including without limitation the Original
Agreement). Accordingly, the parties agree that no deviation from the terms hereof shall be predicated
upon any prior representations, agreements or understandings, whether oral or written. Notwithstanding
the foregoing, any liabilities under the Original Agreement that accrued prior to the Effective Date shall
survive execution of this Agreement, except for any obligation of Global to reimburse the City for any
operating loss under Section 7.10 thereof, of which the City hereby expressly waives and Global is hereby
released; provided, however, Global shall pay the City fifty percent (50%) ofthe amount of the operating
loss otherwise owed to the City under Section 7.10 thereof from fiscal year 2004-05, which amount shall
be credited against, and have the affect of reducing, the Additional Management Fee due to Global for
fiscal year 2004-05.
Section 16.10 Governing Law. The Agreement is entered into under and pursuant to,
and is to be construed and enforceable in accordance with, the laws ofthe State of Florida, without regard
to its conflict of laws principles.
Section 16.11 Amendments. Neither this Agreement nor any of its terms may be
changed or modified, waived, or terminated (unless as otherwise provided hereunder) except by an
instrument in writing signed by an authorized representative of each of the Parties.
Section 16.12 Waiver: Remedies. No failure or delay by a party hereto to insist on the
strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a
breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No waiver
of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every
term of this Agreement shall continue in full force and effect with respect to any other then existing or
subsequent breach thereof. The remedies provided in this Agreement are cumulative and not exclusive of
the remedies provided by law or in equity.
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Section 16.13 Relationship of Parties. Global is engaged by the City hereunder as an
independent contractor to perform the services described herein, and nothing contained in this Agreement
shall be deemed to create, whether express or implied, a partnership, joint venture, employment, or
agency relationship between the City and Global, except as otherwise expressly set forth in this
Agreement.
Section 16.14 Counterparts. This Agreement may be executed in counterparts, each of
which shall constitute an original, and all of which together shall constitute one and the same document.
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IN WITNESS WHEREOF, each party hereto has caused this Management Agreement to
be executed on behalf of such party by an authorized representative as of the date first set forth above.
ATTEST:
CITY OF CLEARWATER
By:
Name:
Its:
Name:
ATTEST:
GLOBAL SPECTRUM, L.P.
By: Global Spectrum, Inc.,
its general partner
By:
Name: Michel F. Sauers
Title: President
Name:
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EXHIBIT LIST
Exhibit "A": Services
Exhibit "B": Global Employee Relocation Costs
Exhibit "C" City Budget Schedule BS6A
Exhibit "0": Insurance Requirements Bond
Exhibit "E": Booking Schedule
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EXHIBIT "A"
SERVICES
(GLOBAL'S DUTIES)
(a) Manage all aspects of the Facility in accordance with the Operations
Manual and the terms ofthis Agreement, including but not limited to managing purchasing, payroll, fire
prevention/protection systems, security, crowd control, routine repairs, preventative maintenance, trash
collection and disposal, painting of common areas, cleaning and janitorial services for common areas,
maintenance, sweeping striping and repair of parking lots and sidewalks, building signage (other than
Leased Space Lessee signage), landscaping and groundskeeping, repair of common area lighting and
fixtures, storm drainage system, roof patching, administrative management fees, promotions, advertising,
energy conservation, security, box office, admission procedures, parking, and general user services. In
addition, Global's oversight of the parking area is subject to use as directed by and determined in the
City's sole discretion and all existing agreements including provisions related to said parking area. The
parties specifically acknowledge and agree that Global's obligations hereunder shall not include duties
with respect to any Leased Space, except maintenance (including minor, non-capital repairs, but not
routine cleaning) related to the structure of the Patio Area and lighting in the Patio Area outside Pickles
Plus.
(b) Establish and adjust prices, rates and rate schedules for user, license,
concessions, occupancy, advertising agreements, and booking commitments.
(c) Administer and assure compliance with existing service contracts relating
to Facility operations. To the extent such services are not already procured or if existing agreements for
such services expire or are terminated, Global shall, on behalf of the City, procure, negotiate, execute,
administer and assure compliance with service contracts with respect to the Facility, including without
limitation contracts for ticketing, web development and maintenance, computer support services, FF&E
purchasing services, engineering services, electricity, steam, gas, fuel, maintenance, telephone, staffing
personnel including guards and ushers, extermination and other services which are deemed by Global to
be either necessary or useful in operating the Facility. Global shall, in its reasonable discretion, be
permitted to select any such service providers, and shall not be required to use providers proposed by the
City, however, if Global chooses to use City services, City shall be paid as are other vendors, from the
Operating Account as an Operating Expense. All such contracts shall, upon termination or expiration of
this Agreement, be assigned to, and accepted by, the City, who shall assume responsibility (either itself or
through the new Facility manager) for fulfilling all remaining obligations, provided that each such
contract shall contain a provision acknowledging the City's right to terminate the contract, without
penalty, ifit is determined by the City Council, that the Facility is needed for municipal purpose. Global
shall obtain the prior approval ofthe City (which approval shall not be unreasonably withheld or delayed)
before entering into any contract with a term that exceeds the Term of this Agreement.
(d) Except as otherwise expressly provided for herein, administer and assure
compliance with existing agreements for use ofthe Facility. To the extent not already procured, Global
shall, on behalf ofthe Facility, procure, negotiate, execute, administer and assure compliance with vendor,
concessions and merchandising agreements (in the event Global, for whatever reason, waives its right to
perform concession services at the Facility), user/rental agreements, booking commitments, licenses, and
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all other contracts or agreements required in the ordinary course of business in operating the Facility. All
such contracts shall, upon termination or expiration of this Agreement, be assigned to, and accepted by,
the City, who shall assume responsibility (either itself or through the new Facility manager) for fulfilling
all remaining obligations, provided that each such contract shall contain a provision acknowledging the
City's right to terminate the contract without penalty if it is determined by the City Council that the
Facility is needed for a municipal purpose. The City acknowledges and agrees that Global may enter into
any such contract (including without limitation a contract for food and beverage concessions or to sell
advertising on behalf of the Facility) with an affiliate of Global, provided that such contract is on
commercially competitive terms. Global shall obtain the prior approval of the City (which approval shall
not be unreasonably withheld or delayed) before entering into any contract with a term that exceeds the
Term of this Agreement.
(e) Require that all material vendors and licensees of the Facility execute
vendor/license agreements containing standard and appropriate indemnification and insurance obligations
on the part of each such vendor/licensee, and provide the City with a copy of all such agreements within
thirty (30) business days of their date of execution.
(f) To the extent not previously provided, provide standard form
advertising and sponsorship contracts, user/rental agreements and license agreements for use at or
with respect to the Facility. Global shall submit such form agreements to the City for review and
comment, and the parties shall work together to finalize such forms. Once finalized, Global shall use
such forms in furtherance of its duties hereunder, and shall not materially deviate from the terms
contained in such forms without obtaining the prior approval of the City (which shall not be
unreasonably withheld).
(g) Operate and maintain the Facility, including the equipment utilized in
connection with its operation and any improvements made during the term of this Agreement, in the
condition received, normal wear and tear excepted.
(h) Arrange for and otherwise book events at the Facility in accordance with a
booking schedule to be developed by Global, a copy of which is attached hereto as Exhibit "E".
(i) Maintain, hire or otherwise engage, pay, supervise, and direct all
personnel Global deems necessary for the operation of the Facility in accordance with Article 5 of the
Agreement, and conduct staff planning, retention and training programs as determined to be necessary by
Global in its sole discretion.
G) Maintain detailed, accurate and complete financial and other records of all
its activities under this Agreement in accordance with generally accepted accounting principles, which
records shall be made available to the City upon request, in accordance with Section 9.1 of the
Agreement.
(k) Submit to the City in a timely manner financial and other reports detailing
Global's activities in connection with the Facility, as set forth in Section 9.2 of the Agreement.
(1) Prepare a proposed annual operating budget and submit such proposed
budget to the City, in accordance with Article 6 of the Agreement.
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(m) Pay all expenses relating to operation of the Facility ("Operating
Expenses") and other expenses incurred in connection with the operation, maintenance, supervision and
management of the Facility from the Facility Operating Account (as defined in Section 8.2 of the
Agreement).
(n) Secure, or assist the City (or any other third party, as applicable) to secure,
all licenses and permits necessary for the operation and use of the Facility for the specific events to be
held therein, and for the general occupancy ofthe Facility, including without limitation all necessary food
and liquor licenses, and renewals thereof. The City shall cooperate in this process to the extent
reasonably required, and any costs associated with this process shall be an expense of the third party, as
applicable, or an operating expense of the Facility, payable by funds from the Facility Operating Account.
(0) Prepare and submit to City a six (6) year forecast of capital budget items.
(p) Collect, deposit and hold in escrow in the Event Account (as defined in
Section 8.1 ofthe Agreement) any ticket sale revenues which it receives in the contemplation of or arising
from an event pending the completion of the event, as more fully described in Section 9.1 of the
Agreement.
(q) Collect in a timely manner and deposit in the Facility Operating Account
all Revenue (as defined in Section 8.2 of the Agreement).
(r) Subject to the City making available sufficient funds in a timely manner,
pay, as an Operating Expense, any and all governmental assessments, franchise fees, excises, license and
permit fees, levies, charges and taxes, of every kind and nature whatsoever, which at any time during the
Term may be assessed, levied, or imposed on, or become due and payable out of or in respect of, (i)
activities conducted at the Facility, including without limitation the sale of concessions, the sale of tickets,
and the performance of events (such as any applicable sales and/or admissions taxes, use taxes, excise
taxes, occupancy taxes, employment taxes, and withholding taxes), or (ii) any payments received from
any holders of a license in or to the Facility, from any guests, or from any others using or occupying all or
any part of the Facility (collectively, "Taxes"); provided that ifthe City (or any political subdivision of
the City which is controlled by the City) imposes, in any form, a tax or the equivalent of a tax, which is
exclusively imposed or levied on (i) the Facility or any part thereof, (ii) the activities of Global (or its
interests under this Agreement) or (iii) advertising, tickets, concessions, catering, use, parking, rent or
other revenue streams ofthe Facility (collectively, "Targeted Taxes"), the City shall reimburse Global for
any such tax paid by Global within thirty (30) days following receipt of proof of payment thereofby the
Global.
(s) Establish and maintain an ongoing relationship with various local boards
and committees and departments of the City and of the County's Convention and Visitors Bureau, as
reasonably requested by the City from time to time.
(t) Plan, prepare, implement, coordinate and supervise all public relations and
other promotional programs for the Facility.
(u) Prepare, maintain and implement on a regular basis, as part of the
Operating Budget, and subject to the City's approval, a marketing plan for the advertising and promotion
of the Facility and Facility events, which may contain but not be limited to the following elements: (i)
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market research, (ii) market position, (iii) marketing objectives, (iv) marketing strategies, (v) booking
priorities, (vi) targeted events - local, regional, national and international, (vii) targeted meetings,
conventions and trade shows, (viii) industry advertising campaign, (ix) internal and external support staff,
(x) advertising opportunities at the local, regional and national level, (xi) attendance at various trade
shows, conventions and seminars, (xii) incentive formulas for multiple event presenters, (xiii)
merchandising and retail, (xiv) food and beverage, (xv) a plan regarding national, regional and local
public relations and media relations, (xvi) development of an in-house advertising agency and (xvii)
policies regarding the use oftradelbarter.
(v) Use reasonable efforts to sell, license, or otherwise grant commercial
rights at or in connection with the Facility, including but not limited to naming rights, advertising signage,
sponsorships, and memorial gifts (collectively, the "Commercial Rights"). In furtherance of such duties,
Global is hereby authorized by the City to engage, on behalf ofthe City, Front Row Marketing Services,
L.P. ("Front Row"), an affiliate of Global' s, to sell the Commercial Rights on behalf ofthe City and, if so
engaged, as compensation therefor, Front Row shall receive a commission equal to fifteen percent (15%)
of the total gross receipts from the sale of such Commercial Rights plus reimbursement of any pre-
approved costs incurred by Front Row in connection with such sales. Such amounts to be paid to Front
Row shall be Operating Expenses of the Facility, payable from the Facility Operating Account. The
agreement to be entered into between Global and Front Row, ifany, regarding such sale of Commercial
Rights shall be subject to the approval of the City.
(w) Document all major damage to, or loss in, Facility inventory during the
Term as soon as such damage or loss is discovered by Global, and promptly notify the City of such
damage or loss.
(x) Purchase out ofthe Operating Account and maintain during the Term all
materials, tools, machinery, equipment and supplies necessary for the operation ofthe Facility.
(y) Subject to written approval by the City, and in accordance with the
insurance provisions herein, manage risk management and Facility insurance needs.
(z) Make and be responsible for all routine and minor, non-capital repairs,
maintenance, preventative maintenance, and equipment servicing. Global shall be responsible for
ensuring that all repairs, replacements, and maintenance shall be of a quality and class at least equal to
that ofthe item being repaired, replaced or maintained. Any replacement of an item in inventory, or any
new item added to the inventory, which is paid for by the City, shall be deemed the property ofthe City.
(aa) Cause such other acts and things to be done in and about the Facility as
determined by Global in its reasonable discretion to be necessary for the operation, control,
supervision, direction and maintenance ofthe Facility.
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EXHIBIT "B"
GLOBAL DEMOBILIZATION COSTS
Severance expense for the General Manager and all Department Heads, not to exceed an aggregate of
Sixty Five Thousand Dollars ($65,000).
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REQUESTS
510100-
51 0200-
51 0400-
510500-
51 0600-
510700-
51 0800-
512200-
512300-
512400-
512500-
512600-
512700-
520100-
520200-
520300-
520400-
520600-
520700-
520900-
521 000-
521100-
5301 00-
530300-
5421 00-
542200-
542300-
542500-
543100-
543400-
543500-
543600-
544100-
544200-
544300-
EXECUTION COpy
EXHIBIT "C"
BUDGET SCHEDULE BS6A
Department Department
%Chg Approved Totals %Chg
Btwn Budget FY XXlXX Btwn
FY XX to Totals Department FY XX to
FYXX FY XXlXX Difference Re uest FYXX
FULL TIME SALARIES
PART TIME SALARIES
SPECIAL PAY
OVERTIME
VACATION LEAVE
SICK LEAVE
OTHER PAID LEAVE
INJURY TIME
FUNERAL LEAVE
MILITARY LEAVE
JURY DUTY
UNION LEAVE
HOLIDAY TIME
LIFE INSURANCE
1 % LIFE INSURANCE
SAMP LIFE INSURANC
MAJOR MEDICAL INS
SOCIAL SECURITY
PENSION FUND
WORKERS COMPENSATION
DISABILITY INSURANCE
UNEMPLOYMENT COMPo
TOTAL
PROFESSIONAL SERVo
CONTRACTUAL SERVo
ADSL CHARGES - UTILITIES
ELECTRIC-UTILITIES
GAS WATER & SAN IT.
POSTAGE
ADVERTISING
PRINTING & BINDING
DUMP FEES
TAXES
RENTAL EQUIPT.
RENTAL BUILDINGS
RENTAL LAND
GloballHarborviewlManagcmentAgrecmc:nt.rv9
546100-
546200-
546800-
547100-
547200-
547300-
547400-
548000-
548700-
550100-
550400-
550800-
551100-
552000-
552500-
557100-
557200-
557300-
581 000-
582000-
540100-
540200-
540300-
540400-
540500-
540600-
540700-
540800-
540900-
541 000-
541100-
541300-
541400-
541500-
541600-
541700-
542000-
547900-
563500-
563800-
564000-
564200-
564300-
EXECUTION COpy
OFFICE EQMT SVC & REPAIR
OTHER EQUIPT SVC & REPAIR
REPAIR & MAINT INGROUND FAC
EMP. UNIFORMS
EMP. TRAVEL EXPENSE
MILEAGE REIMBURSEMENT
EMP. MEALS
OTHER SERVICES
RELOCATION EXPENSES
OFFICE SUPPLIES
OPER SUPPLIES & MATL
CONSTRUCTION MATERIALS
ARTS & CRAFTS SUPP.
COMPUTERSOFnNARE
EQMT =>$750 & <$5000
MEMBERSHIPS & SUBS
OFFICIAL RECOGNITION
TRAINING & REFEREN.
PMT TO AGENCIES
AID TO PRIVATE ORG
TOTAL 421-599
GARAGE SERVICE-FIXED
DOCUMENT REPRODUCT.
TELEPHONE SERVICE-VAR
MESSENGER SERVICE-FIXED
RADIO SERVICE-FIXED
TELEPHONE SERV.-FIXED
POSTAL SERVICE-VARIABLE
BUILDING SERVICE-FIXED
RISK MGMT SERVICES-FIXED
INFO TECHNOLOGY-FIXED
BUILD & MAINT SERV-FIXED
PRINT SHOP-VARIABLE
PURCHASING SVC
GARAGE-VARIABLE
BUILDING & MAINT VAR
RADIO SERVICE-VARI.
EMPLOYEE RELATIONS
STRATEGIES FOR SUCCESS
TOTAL 400-420
CONTRACT SERV MAT.
OTHER SERVICE CO NT
MACHINERY & EQUIPT
FURNITURE OFF EQUIP
COMPUTERSOFnNARE
GlobaVHarborviewlManagcmentAgrecmentrv9
565800-
591000-
EXECUTION COPY
CaNST MAT. & SERVo
TRANSF TO GARAGE
TOTAL 600-699
590200-
590800-
591600-
INTERFUND TRANSFER
CONTRIBUTION TO CIP FUND
DEBT SERVICE
TOTAL 900-999
SECTION TOTAL
GloballHarborviewlManagemen.tAgretmenlrv9
EXECUTION COPY
EXHIBIT "D"
INSURANCE
. At all times during this Agreement, Global shall:
(a) maintain commercial general liability insurance, including products and completed
operations, bodily injury and property damage liability, contractual liability, independent contractors'
liability and personal and advertising injury liability against claims occurring on, in, or about the Facility,
or otherwise arising under this Agreement;
(b) maintain umbrella or excess liability insurance;
(c) maintain commercial automobile liability insurance, including coverage for the operation
of owned, leased, hired and non-owned vehicles;
(d) maintain appropriate workers compensation and employer's liability insurance as shall be
required by and be in conformance with the laws of the State of Florida; and
(e) maintain professional liability insurance and self-insured employment practices liability
coverage;
. Such liability insurance shall be maintained in the following minimum amounts throughout the
Term:
Commercial General Liability
$1,000,000 per occurrence
$1,000,000 personal and advertising injury
$1,000,000 products-completed operations aggregate
Automobile Liability
$1,000,000 per accident (PI and PD combined single limit)
$1,000,000 uninsuredlunderinsured motorist
Umbrella or Excess Liability
$5,000,000 per occurrence and aggregate
Workers Compensation
Workers Compensation: Statutory
Employer's Liability: $100,000 each accident-bodily injury by accident
$500,000 policy limit-bodily injury by disease
$100,000 each employee-bodily injury by disease
GloballHarborviewlManagcmcntAgreancnlrv9
Professional Liability/Errors & Omissions (Claims Made)
$1,000,000 each occurrence/aggregate
Policy is to include:
. Entity Coverage
Crime Coverage
Type: Blanket Crime Bond
Limit: $500,000
GloballHarborviewlManagancutAgrccmc:ntrv9
EXECUTION COPY
EXECUTION COpy
EXHIBIT "E"
BOOKING SCHEDULE
Attached.
GloballHarborviewlManagementAgreemenLrv9
EXECUTION COPY
~~
<:: ~..;.: N II. f ! R . f ti II. ll.\
Harborview Center
Bookinf Policies
The key objective ofthe Harborview Center is to serve as a generator of convention dollars brought
into the community by convention delegates and exhibitors. The objective shall dominate the
booking and reservation functions. When booking the Harborview Center, consideration shall be
given to the following factors:
A. Projected overall economic impact to the Clearwater area
B. Total number of hotel rooms required
C. Projected revenue to the facility both in terms of direct space rental revenue as well as
proj ected revenue from food and beverage and other building services
D. Potential for repeat business
E. Previous history and experience of potential user with respect to the use of similar facilities
FIRST PRIORITY BOOKINGS
First priority shall be given to conventions and trade shows which are international, national or
regional in nature, and which have a significant impact on the hotel community in terms of hotel
room patronage. A signed fully executed contract for first priority events may be issued eighteen
months or longer, prior to the event date. These bookings will be initiated by the CVB.
Groups
Time frame
Gross square feet*
Peak room nights
18-24 months 30,000 250
24-36 months 30,000 400
36+ months 47,000 600
Based on daily rental of exhibit, general session space or a combination.
GloballHarborviewlManagcmcntAgreemc:nln>9
EXECUTION COpy
SECOND PRIORITY BOOKINGS
Second priority for dates shall be given to multiple day, annual public shows, such as sports shows,
boat shows and similar events. Second priority events shall not be booked more than eighteen (18)
months in advance of the event.
THIRD PRIORITY BOOKINGS
Local multiple day events shall be given third priority. When space is available, reservations will be
taken for local multiple day events. Reservations for third priority events may not be made until
twelve (14) months in advance of the event date. A contract may be issued no sooner than twelve
(14) months prior to the event date.
FOURTH PRORITY BOOKINGS
Single-day events shall be given fourth priority. Requests for fourth priority events may be
honored no sooner than twelve (12) months prior to the event on a space available basis. A
contract may be issued six (12) months prior to the event. There may be exceptions to this
process for the holiday seasons or off peak season. A deposit of an appropriate amount must
accompany the contract.
If special circumstances exist which would justify departing from the above stated policy, a request
in writing for such departure will be sent by the General Manager ofthe Harborview Center to the
Facility Administrator. Upon receipt of such request, the Facility Administrator will make a
determination based on all available information within 24 hours of receiving the request and such
determination will be put in writing and returned to the individual or group requesting the deviation.
G/oballlhrborviewlManagcmcntAgrccmenlrv9
~~
ll~
City Council
_.",*.~,!!..!:!!, Cove=!:-~=~morandum
W-,- .~
\\.y
Tracking Number: 1,390
Actual Date: 08/04/2005
Subject / Recommendation:
Ratify and confirm Lease Agreement between the City and PACT, Inc. for the Clearwater City
Players summer production and approve standard Lease Agreement with PACT, Inc. and grant
authority to the City Manager or his designee to enter into and approve standard Lease
Agreements for future facility use by City groups at Ruth Eckerd Hall and authorize the
appropriate officials to execute same.
Summary:
The Parks and Recreation Department has several City groups that perform throughout the year
at Ruth Eckerd Hall.
The use of Ruth Eckerd Hall by City groups is included in the 30-year lease and facility use
agreement executed in 2001.
The City of Clearwater will be provided up to 12 uses per year of Ruth Eckerd Hall for rehearsals
and/or performances with no rental fee charged and up to 20 uses of Studio One for rehearsals
and/or performances per year at no rental charge.
The Clearwater Community Chorus, Clearwater City Players and other City funded organizations
as designated by the City have used Ruth Eckerd Hall.
Each individual use requires a separate lease agreement outlining specifics of times and dates
for the performances. Due to the reoccurring number of Lease Agreements that need to be
entered into during the year, staff is recommending that the standard Lease Agreement be
approved by the Council and the City Manager or his designee be given the authority to enter
into them from this point forward.
The Clearwater City Players' summer production of "Guys and Dolls" revised contract needed to
be signed prior to the production, thus the City Manager approved the new agreement. Staff is
now requesting that the Council ratify and confirm this action. Had the standard agreement not
changed, staff would have approved the agreement as previously authorized.
A copy of the Lease Agreement is available in the Official Records and Legislative Services
Department for review.
Originating: Parks and Recreation
Section Consent Agenda
Category: Agreements/Contracts - without cost
Public Hearing: No
Financial Information:
Review Approval
Sharon Walton
07-06-2005
15: 14:34
~~
Cl~
City Council
Cover Memorandum
Cvndie Goudeau
07-29-2005 13:42:08
Garrv Brumback
07-29-2005 11 :25:00
Bill Horne
07-29-2005 13:36:35
Laura Lipowski
07-15-2005 15:36:30
~- w---.- ~
~, \\-'4
Ruth Eckerd Hall
Lease Agreement
This REVISED Agreement is made this _day of
between Performing Arts Center Theater,
Inc. Lessor, hereinafter referred to as "Center" and
presenting a
hereinafter
referred to as "Lessee" (Lessee certifies that the above is the true legal title.) It is mutually agreed between the parties as
follows:
1. FACILITY USE: The Center agrees to the use of the PACT, Inc facilities at 1111 McMullen Booth Road,
Clearwater, Florida 33759, specified below, by the Lessee for the purposes of:
FACILIlY
USAGE
RENT
DATES
INCLUSIVE TIMES
Auditorium, Dressing
Rooms,
Lobbies/Galleries
For spaces, dates and times specified above, the TOTAL rent is $
plus additional expenses.
ADVANCE PAYMENTS:
Lessee agrees to make advanced payment of $ (no later than ) to Center for
reimbursable of such sums as are necessary to cover those costs which Center anticipates it would encounter
on behalf of Lessee in preparation for and planning of Lessee's event (including all dollar amounts reflected or
developed as identified on Schedule A).
2. FINAL PAYMENTS: Final Payments must be made to the Center no later than 15 days after the
performance date. If payments are not made by this time a 1.5% interest rate per month will automatically be
added to the Lessee's bill. Additionally, no future dates will be held until final payment has been made. Any
unused portion ofthe reimbursable costs will be returned to Lessee with final settlement statements as soon
thereafter as possible.
4. STATE SALES TAX: The current State Sales Tax rate is applicable to all rentals and certain services (e.g.
Rent, MDS, Ticket Printing) or other things of value. If Lessee has a Tax Number which exempts Lessee from
the State Sales Tax, Lessee will provide Center with a copy of the State Tax Exemption Certificate at signing of
contract.
5. NON-TAXABLE SERVICES: Lessor separately agrees to perform or cause to be performed services
required for the Lessee's event as listed on Schedule A. These services are not subject to Florida State Sales
Tax (e.g. Parking Guards, Security Guards, Box Office Services, etc.)
6. CANCELLATION BY LESSEE: Should Lessee desire to cancel this Agreement, notification must be given
in writing to the Center at least 90 days prior to the date of scheduled event. In the case of cancellation by the
Lessee, the Center may require the contract rent, or full deposit made by Lessee, as liquidated damages, plus
any additional expenses incurred, and the Lessee and the Center shall be relieved of any further obligations
under this Agreement.
7. CANCELLATION BY CENTER: Should the Center desire to cancel this Agreement or be unable to
perform under this Agreement, notification will be given to the Lessee at least 90 days prior to the date of
scheduled use. The Center shall return any rent payments and the Lessee and the Center shall be relieved of
any further obligations under this Agreement.
8. PERFORMANCE BOND: The Center reserves the right to require the Lessee to post a Performance bond
of $ NjA before either by Cashier's Check to PACT, Inc., or by a duly accredited bonding company. The terms
of the bond will be:
9. UNION AGREEMENTS: Lessee agrees to abide by any agreements or contracts currently in force between
the Center and any labor unions.
10. REASONS FOR TERMINATION OF LEASE: The Center may terminate this Lease if Lessee fails to
perform any of its obligations, herein set forth, or appears to the Center to be financially insecure, in violation
of the law, or about to default under the terms of the Lease Agreement or the Usage Policy. Upon termination
of the Lease Agreement for whatever reason, Lessee agrees to promptly remove, at Lessee's expense, all its
property from the Center premises within 24 hours and to forfeit all advance payments made to the Center.
11. ASSIGNATION OF RIGHTS: The Lessee shall not assign this Agreement or any rights hereunder nor
sublet said premises without the written consent of Center.
12. USAGE POLICY: LESSEE AGREES TO OBSERVE AND ABIDE BY THE USAGE POLICY, WHICH
INCLUDES THE RULES AND REGULATIONS GOVERNING THE USE OF THE PERFORMING ARTS
CENTER AND THEATER. A COPY OF SAID USAGE POLICY, PLUS RELATED ATI'ACHMENTS, WILL BE
APPENDED HERETO AND MADE A PART THEREOF. LESSEE ACKNOWLEDGES RECEIPT AND
REVIEW OF THE USAGE POLICY.
By:
For: PACT, Inc.
By:
Jeffrey Hartzog
Director of Operations
1111 McMullen Booth Road
Clearwater, FL 33759
For: Lessee
Address:
Date:
Date:
RENTAL FEE
FRONT OF HOUSE EQUIPMENT
MDS
TOTAL TAXABLE EXPENSES
71'lll SALES TAX
TICKET PRINTING CHARGES
ADVANCED SALES
DAY OF SHOW ONLY
CREDIT CARD SERVICE
TOTAL BOX OFFICE EXPENSES
STAGEHANDS
EQUIPMENT
PIANO TUNE
VIDEO RECORDING
AUDIO RECORDING
TOT AL TECHNICAL EXPENSES
ASCAP
BMI
SESAC
TOT AL ROYALTY FEES
PARKING GUARDS
POLICE/TRAFFIC OFFICER
SECURITY GUARDS
CUSTODIAL CHARGE
TOTAL ADDITIONAL EXPENSES
TOTAL ESTIMATED EXPENSES
AGREED TO:
Flat Fee
Table Linens, Table Skirting, etc
(Fri) Dress Rehearsal @ 300 Est. + 3 Performances @
1000 Est. attendance @ $1.00/ arron
$0.00
TBD
$3,300.00
$3,300.0
500 per event
N/A
N/A
TBD
$1,500.00
$1,500.0
$22hr/$23 hr, 4hr min per Peformance & Rehearsal
Grand Piano
Flat Fee
TBD
TBD
$9,800.00
$250.0
$100.00
$10,150.0
TBD
TBD
TBD
$0.0
$12/hr @ 5 hrs min/3 min guards [Sat x 2 + Sun]
$30hr / 4hr minimum @ 2 performances [Sat x 2 + Sun]
$15/hr, min. 2 Guards [Sat x 2 + Sun]
3 Performances
$540.00
$300.00
$930.00
$1,050.00
$2,820.0
$17,770.00
DATE:
LESSEE
USAGE POLICY AGREEMENT
Lessee has read the Usage Policy and agrees to perform under the terms
stated herein.
Lessee acknowledges its responsibility in completely informing the proper
agents, employees of Lessee, contractors, and subcontractors hired by Lessee,
concerning these rules and regulations. Further, Lessee accepts complete
responsibility for the failure of said agents, contractors, subcontractors or
employees of Lessee to abide by the provisions therein.
Lessee understands that should Lessee be found in violation of any of the
provisions of this Policy, the Center will consider the Services Contract
Agreement null and void and Lessee may be required to forfeit all advance
payments and deposits, and may be liable for all rental fees and other
expenses incurred, or committed, including attorney's fees, whether or not
the performance actually occurs.
ORGANIZATION: City of Clearwater: City Players
EVENT DATES: July 25 - July 31, 2005
Agreed to:
(Lessee)
(Date)
Lease Agreement
This Agreement is made this 24th day of September in the year 2004 between PACT, Inc. Lessor, hereinafter
referred to as "Center" and City of Clearwater Parks and Recreation Department presenting as City Players
hereinafter referred to as "Lessee" (Lessee certifies that the above is the true legal title.) It is mutually agreed between the
parties as follows:
1. FACILITY USE: The Center agrees to the use of the PACT, Inc facilities at 1111 McMullen Booth Road,
Clearwater, Florida 33759, specified below, by the Lessee for the purposes of: Rehearsals and
Performances
FACILITY
USAGE
RENf
DATES
INCLUSIVE TIMES
Auditorium Load-in $0.00 Monday, July 25, 2005 8:00am - n:oopm
Rehearsal
Auditorium Rehearsal $0.00 Tuesday, July 26, 2005 8:00am - n:oopm
Auditorium Rehearsal $0.00 Wednesday, July 27, 2005 8:00am - n:oopm
Auditorium Rehearsal $0.00 Thursday, July 28, 2005 8:00am - n:oopm
Auditorium Performance $0.00 Friday, July 29, 2005 8:00am - n:oopm
Performances @ 80m
Auditorium Performance $0.00 Saturday, July 30, 2005 8:00am - n:oopm
Performances @ 80m
Auditorium Performance $0.00 Sunday, July 31,2005 8:00am - 6:00pm
Performance @20m
For spaces, dates and times specified above, the rent is $0.00 plus additional expenses.
2. ADVANCE PAYMENTS: The Lessee agrees to pay the Center a N/A deposit with the return of this
agreement no later than October 2~. 2004.
Lessee agrees to make advanced payment to Center for reimbursables of such sums as are necessary to cover
those costs which Center anticipates it would encounter on behalf of Lessee in preparation for and planning of
Lessee's event (including all dollar amounts reflected or developed as identified on Schedule A).
2. FINAL PAYMENTS: Final Payments must be made to the Center no later than 15 days after the
performance date. If payments are not made by this time a 1.5% interest rate per month will automatically be
added to the Lessee's bill. Additionally, no future dates will be held until final payment has been made. Any
unused portion of the reimbursable costs will be returned to Lessee with final settlement statements as soon
thereafter as possible.
4. STATE SALES TAX: The current State Sales Tax rate is applicable to all rentals and certain services (e.g.
Rent, MDS, Ticket Printing) or other things of value. If Lessee has a Tax Number which exempts Lessee from
the State Sales Tax, Lessee will provide Center with a copy of the State Tax Exemption Certificate at signing of
contract.
5. NON-TAXABLE SERVICES: Lessor separately agrees to perform or cause to be performed services
required for the Lessee's event as listed on Schedule A. These services are not subject to Florida State Sales
Tax (e.g. Parking Guards, Security Guards, Box Office Services, etc.)
6. CANCELLATION BY LESSEE: Should Lessee desire to cancel this Agreement, notification must be given
in writing to the Center at least 90 days prior to the date of scheduled event. In the case of cancellation by the
Lessee, the Center may require the contract rent, or full deposit made by Lessee, as liquidated damages, plus
any additional expenses incurred, and the Lessee and the Center shall be relieved of any further obligations
under this Agreement.
7. CANCELLATION BY CENTER: Should the Center desire to cancel this Agreement or be unable" to
perform under this Agreement, notification will be given to the Lessee at least 60 days prior to the date of
scheduled use. The Center shall return any rent payments and the Lessee and the Center shall be relieved of
any further obligations under this Agreement.
8. PERFORMANCE BOND: The Center reserves the right to require the Lessee to post a Performance bond
of $ N/A before either by Cashier's Check to PACT, Inc., or by a duly accredited bonding company. The terms
of the bond will be:
9. UNION AGREEMENTS: Lessee agrees to abide by any agreements or contracts currently in force between
the Center and any labor unions.
10. REASONS FOR TERMINATION OF LEASE: The Center may terminate this Lease if Lessee fails to
perform any of its obligations, herein set forth, or appears to the Center to be financially insecure, in violation
of the law, or about to default under the terms of the Lease Agreement or the Usage Policy. Upon termination
of the Lease Agreement for whatever reason, Lessee agrees to promptly remove, at Lessee's expense, all its
property from the Center premises within 24 hours and to forfeit all advance payments made to the Center.
11. ASSIGNATION OF RIGHTS: The Lessee shall not assign this Agreement or any rights hereunder nor
sublet said premises without the written consent of Center.
12. USAGE POLICY: LESSEE AGREES TO OBSERVE AND ABIDE BY THE USAGE POLICY, WHICH
INCLUDES THE RULES AND REGULATIONS GOVERNING THE USE OF THE PERFOMING ARTS
CENTER AND THEATER. A COPY OF SAID USAGE POLICY, PLUS RELATED ATIACHMENTS, WILL BE
APPENDED HERETO AND MADE A PART THEREOF. LESSEE ACKNOWLEDGES RECEIPT AND
REVIEW OF THE USAGE POLICY.
For Lessee: City of Clearwater Parks &
Recreation Department
For Center: PACT, Inc.
By:
By:
P.O. Box 4748
Clearwater, FL 34618
Phone: (727) 562-4809
Jeff Hartzog, Director of Operations
1111 McMullen Booth Road
Clearwater, FL 33759
Date:
Date:
USAGE POLICY
SECTION 1
INTRODUCTION
This Usage Policy is a part ofthe Lease Agreement for PACT, Incorporated (herein after
referred to as the Hall), and rules herein must be adhered to absolutely by the Lessees of
the Hall.
The Lease Agreement and Usage Policy are governed by the laws of the State of Florida.
Lessee irrevocably submits itself to the jurisdiction of the Courts of Pinellas County and
the State of Florida for the purpose of any suit, action or other proceeding arising out of
or based upon this agreement or the subject matter thereof.
Should Lessee be found in violation of any of the provisions of this Usage Policy, the
Hall will immediately consider the Lease Agreement null and void, and Lessee will
forfeit all advance payments made to the Hall and be liable for all rental fees and other
expenses incurred, including attorney's fees, whether or not the performance actually
occurs.
The aforementioned Lease Agreement and the Usage Policy are the only agreement
between the parties relative to PACT, Inc., and no oral statements or prior written matter
shall have any force or effect.
The facilities on the site of the Richard B. Baumgardner Center for the Performing Arts,
at 1111 McMullen-Booth Road, Clearwater, Florida 33759, are managed by Pact, Inc.
which has its offices in the Hall at 1111 McMullen-Booth Road (727) 791-7060.
IT SHALL BE THE RESPONSIBILITY OF THE LESSEE TO COMPLETELY
INFORM THE PROPER AGENTS, EMPLOYEES OF LESSEE, CONTRACTORS,
AND SUBCONTRACTORS HIRED BY THE LESSEE, CONCERNING THESE
RULES AND REGULATIONS. FOR CLARIFICATION OF INDIVIDUAL RULES,
CALL THE HALL'S ASST. DIRECTOR OF OPERATIONS (727) 712-2776.
Due to the varied nature of the Hall, all requirements and production costs cannot be
completely defined within these pages. Additional specifications and costs will be
determined after arrangements for each event have been established with Pact, Inc.
management.
PACT/CHECKS: Checks for deposits, rent, maintenance and depreciation surcharge,
and other expenses billed to Lessee, should be made payable to Pact, Inc. The Hall
reserves the right to request payment by cashier's check.
SECTION 2
AREAS OF SPECIAL INTEREST
The following is a summation of Lessee expenses, both fixed and optional. Also
included is a listing of where an explanation of each expense can be found in the contents
ofthe Usage Policy or the Lease Agreement.
FIXED EXPENSES SECTION PAGE
Royalties.................................... ...111.................................4
Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .., .III. . .. . . . . . . . . . . . . . . . . . . . ... . . .. 4 - 5
Stagehands.............. ................. .... .IV..............................6 - 7
Maintenance and Depreciation Surcharge.V............................ .... ..8
Traffic Control & Parking Guards........ ..V...........................,......9
Security Guards............................. ..V..................................9
Rental Fees......................................... ...... ..See Lease Agreement
OPTIONAL EXPENSES SECTION PAGE
Video/Audio Recording......................V................... ................9
Food & Beverage Service................. ...V................................ ..11
Advertising................................. ...VI........................... ..13 - 14
Ticket Office Services. . . . . . . . . . . . . . . . . . . . .. VII. . . . . . . . . . . . . . . . . . . . . . . . . . .. .14 - 17
2
SECTION 3
BASIC PROVISIONS
1. LESSEE ACCEPTS AS IS:
The Hall or Center's agents have made no representation or promises with respect to the
said building or leased premises except as herein expressly set forth. The utilization of
the leased premises by Lessee shall be conclusive evidence, as against Lessee, the Lessee
accepts same "as is" and that said premises and the building of which the same form a
part were in good and satisfactory condition at the time such possession was so taken.
A. HEAT, ETC.: As part of this Agreement, the Hall will provide heat and air
conditioning in compliance with the Federal energy guidelines, electrical
power, water, and normal pre-and post-event cleaning, except restoring &
cleaning of stage, which shall be the responsibility of the Lessee.
B. SUBLETIUSE: Lessee may not sublet any rented space(s), or in any way
assign the rented space(s) to any other person or organization. Lessee may not
utilize the rented space( s) for any purpose or time period other than what is
specified in the Agreement.
2. COMPLIANCE WITH LAWS AND LICENSING:
A. COMPLIANCE WITH LAWS: No activities in violation of Federal,
State, or Local laws or the Board of Health shall be permitted in Center premises,
and it shall be the responsibility of the Lessee, while under the terms and Period
of this Agreement, to enforce this provision.
B. LICENSE/PERMITS/COPYRIGHTS: The Lessee shall obtain and pay the
fee for all licenses and permits necessary to conduct operations specified by
this Agreement. The Lessee will assume all costs arising from the use of
patented, trademarked, franchised or copyrighted music, materials, devices
processes or dramatic rights used on or incorporated in the event. Lessee
agrees to indemnify, defend and hold harmless Pact, Inc., and the City of
Clearwater, from any claims or costs, including legal fees, which might arise
from question of use of any such material described above. The Hall may
require evidence of such licenses being in effect, such as AS CAP, BMI and
SESAC, etc.
C. FIRE/SAFETY CODES: All sets, costumes, props, flashpots, laser lighting
equipment, and any other material used by the Lessee must conform to all
existing fire and safety codes. The provisions of fire prevention code that
prohibits smoking, flammable decorations, open flames, explosive or
inflammable fluids, gases and compounds must be observed. The Hall
requires written evidence that all such codes have been observed and that
operators have the required licensee s). When pyrotechnics are used, the
Lessee must provide a "Clearwater Fire Department, Class A, Explosives
Permit", along with a copy ofthe Federal license of the person responsible for
devising, supervising and discharging display. Payment of the "Fire Watch"
with a minimum of two Fire Marshals will be the responsibility of the Lessee.
3
D. SMOKING: In compliance with Florida Clean Indoor Air Act, Section
386.201 of Florida Statutes, the Richard B. Baumgardner Center for the
Performing Arts, including the Ruth Eckerd Hall, is a non-smoking facility.
The Lessee will fully cooperate in enforcing the "No Smoking" law at all
times.
E. NON-RESIDENT ALIENS: Should the artistes) to be presented by the
Lessee be a non-resident alien individual, partnership or corporation, the
Lessee expressly agrees to perform all obligation and to assume all liabilities
as the withholding agent pursuant to the requirement of Section 1441 and
1442 ofthe Internal Revenue Code and Federal Regulations promulgated
thereunder.
3. LESEE MUST PROVIDE TO MANAGEMENT:
A. TAX EXEMPTION: Non-profit, tax exempt organizations shall submit to the
Asst. Director of Operations such tax exemption certificates as shall pertain.
Such certificates will be required upon signing of contract. Such certificates
will be kept on file by the Hall, although the Asst. Director of Operations may
require re- filing from time to time.
B. SIGNED CONTRACT FOR ACT: Lessee agrees to furnish Center, at the
time of Lease Agreement signing, a copy of the signed contract between
Lessee and the Act to be presented. Portions of this signed contract
concerning financial arrangement with Lessee may be excised.
C. ROYALTY LICENSES: If Lessee holds any or all of the AS CAP, BMI, and
SESAC licenses, a copy of these licenses must be provided, otherwise Royalty
charges will be assessed on the Final Expense Report.
4. INSURANCE:
A. CERTIFICATES OF INSURANCE: The City of Clearwater shall provide a
letter of self-insurance providing information on its level of self-insured
retention and its excess coverage.
B. WORKERS' COMPENSATION: Coverage to apply for all Lessee's
employees for Statutory Limits in compliance with applicable State and
Federal laws. In addition, the policy must include Employer's Liability with a
limit of $1 00,000 each accident.
C. COMPREHENSIVE GENERAL LIABILITY: Coverage must be afforded on
a form no more restrictive than the latest edition ofthe Comprehensive
General Liability Policy filed by the Insurance Services Office and must
include:
1) Minimum limits of$I,OOO,OOO per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability.
2) Premises and/or Operations.
3) Independent Contractors.
4
4) Products and/or Completed Operations.
5) Liquor Liability, where applicable.
D. BUSINESS AUTO POLICY: Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Auto Policy filed by the
Insurance Services Office and must include:
1) Minimum limits of$1,000,000 per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability.
2) Owned Vehicles.
3) Hired and Non-Owned Vehicles.
4) Employers' Non-Ownership.
E. INDEMNITY:
E. Each party is responsible for all personal injury and property damage
attributable to the negligent acts or omissions of that party and the officers,
employees and agents thereof. Nothing herein shall be construed as an
indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as
provided in Section 768.28, Florida Statutes, as amended from time to time, or
any other law providing limitations on claims. In addition, this provision
applies only as to the Lessee's use of the facility as provided for hereunder
and shall in no way be construed as affecting or limiting PACT's
indemnification of the City of Clearwater under that certain lease dated March
7,2001, between the City and PACT, Inc.
F. The Hall will not be responsible for any damage or loss to Lessee's
Property, or that ofthe Lessee's agents, employees, contractors, or
subcontractors.
5. PUBLIC SAFETY:
The Lessee shall neither encumber nor obstruct the sidewalk in front of premises
(or entrance to halls, stairs, lobbies, and audience chambers), nor allow the same
to be obstructed or encumbered in any manner. Lessee further agrees not to bring
onto the premises any material, substances, equipment, or object which is likely to
endanger the life of, or cause bodily injury to any person on the premises, or
which is likely to constitute a hazard to property thereon, without the prior
approval of the Hall Director. The Hall shall have the right to refuse to allow any
such material, substances, equipment or object be brought onto the premises and
the further right to require its immediate removal therefrom if found thereon.
5
6. CANCELLATION:
In case of cancellation by the Lessee, notification must be given in writing to the
Center at least 90 days prior to the date of scheduled event. The Center may
require the contract rent, or full deposit made by Lessee, as liquidated damages,
plus any additional expenses incurred, and the Lessee and the Center shall be
relieved of any further obligations under this agreement. In addition, it shall be
the responsibility of the Lessee to make a reasonable amount of public
announcements, at Lessee's expense, concerning the cancellation, as soon as
possible following the cancellation and including all daily newspapers, news
departments at all commercial television stations, and at any radio stations on
which paid or unpaid advertisements for the event were run.
7. INTERRUPTION OR TERMINATION OF EVENT:
The Hall shall retain the right to cause the interruption of any event in the interest
of public safety, and to likewise cause the termination of such event when, in the
sole judgment of Center, such act is necessary in the interest of public safety.
8. EVACUATION OF FACILITY:
Should it become necessary, in the judgment of the Hall staff, to evacuate the
premises because of a bomb threat or for other reasons of public safety, the
Lessee will retain possession of the premises for sufficient time to complete
presentation of his activity without additional rental charge providing such time
does not interfere with another event scheduled at the Hall. If, at the discretion of
the Hall Management, it is not possible to complete presentation of the activity,
rental shall be forfeited, prorated, or adjusted at the discretion of the Hall
Management based on the situation, and the Lessee hereby waives any claim for
damages or compensation from the Hall.
9. BONDING/ADDITIONAL SECURITY:
The Hall, at its discretion, may require such bonding as is deemed necessary and
may require additional security guards to be charged to the Lessee.
10. DAMAGE/CLEAN-UP RESPONSIBILITY:
Lessee shall be responsible for any and all damages to the Hall premises caused
by acts of Lessee or Lessee's agents, employees, contractors, subcontractors,
patrons, guests and artists whether accidental or otherwise. Lessee further agrees
to leave the Hall premises in the same condition as existed on the date Lessee
took possession, ordinary wear and use excepted. Additional charges incurred
because of an unusual amount of post-event clean-up will be borne by the Lessee.
Restoring and cleaning of stage will be the responsibility of the Lessee.
6
SECTION 4
TECHNICAL
1. STAGE MANAGER:
Lessee agrees to furnish a qualified Stage Manager to run the event backstage or
to accept the employment of a Stage Manager from the Hall.
2. PERSONNEL:
Compensation will be at the prevailing stagehand rate and will include overtime,
all insurance fees and taxes. The Hall is a Union Hall, and all stagehands are
arranged through I.A.T.S.B. local. The Hall recognized the Union as the sole
representative for all employees employed in carpentry, electrical, property,
sound, projection, wardrobe, truck loading, rigging and other related or incidental
work in support of all stage performances. All terms and conditions as required
by the Union concerning minimum hours, breaks, meal penalties, and minimum
staffing will be observed by the Lessee and enforced by the Hall. Rates for
stagehand labor are subject to change at any time. Questions concerning the
Union requirements should be directed to the Hall Technical Director at (727)
712-2711.
3. STAGEHAND CALLS:
A. It is Management's policy to require twenty-four (24) hours notice of
cancellation of stagehand calls. Ifless than twenty-four (24) hours is given, the
Lessee will be charged a minimum five (5) hour call at the prevailing rates for
each stagehand. Additional information regarding technical specifications may be
obtained by contacting the Hall Technical Director (727) 712-2711.
B. ONLY authorized professional personnel, as determined by Center
management, are allowed to operate any theatre equipment.
4. DELIVERY OF GOODS:
A. Sets, costumes, and other materials belonging to the Lessee delivered prior to
contracted time will not be accepted by the Hall staff without written
arrangements and additional charges to the Lessee. The Hall makes no guarantee
that space would be available to receive materials arriving early.
B. The Hall will not accept any goods shipped to the Hall for the Lessee, or for
any person claiming to be acting for the Lessee, if any sum is to be paid the
carrier upon his delivery thereof.
C. The Hall is not responsible for lost, damaged or stolen items.
7
5. SOUND/LIGHTING CONSOLES:
Clearwater Fire Department regulations strictly limit the installation and operation
of sound and/or lighting control consoles in the audience chamber of the
auditorium.
6. TIME:
Time shall be ofthe essence ofthis Lease Agreement and the time granted shall
not be extended for the occupancy of use of the premises or for the installation or
removal of equipment without the permission ofthe Hall, and all such additional
time shall be paid for according to the schedule of fees fixed by the Hall, if such
permission is granted.
7. TELEPHONE AND FAX CHARGES:
Any expenses incurred by Center for telephone and fax charges made necessary to
properly execute Lessee's event will be paid by the Lessee.
8. DRESSING ROOM KEYS:
For each Dressing Room key required, Lessee agrees to pay a $500.00 deposit,
which will be returned as keys are returned back to the Hall Technical Director.
SECTION 5
HOUSE/PERFORMANCE
1. LESSEE REPRESENTATIVE:
Lessee will furnish to the Asst. Director of Operations the name, address and
phone number ofthe Lessee's Representative. This Representative will be the
sole person authorized to make decisions or to negotiate with staff of the Hall.
This Representative, who must be present at each performance, will be the sole
person authorized to resolve problems and conflicts or to negotiate any alterations
in performance procedure with the staff of the Hall.
2. ACTS & INTERMISSION:
Lessee agrees that for all programs lasting one (1) hour or more, excepting
religious services or other engagements specifically excluded, an intermission of
not less than 15 minutes be held, subject to modification by PACT, Incorporated
when necessary to meet unusual conditions. The length of acts and intermissions
must be made known to the Asst. Director of Operations two weeks prior to the
performance.
8
3. DEPOSITS AND DATE CONFIRMATIONS:
A deposit of approximately 50% of total estimated costs and a signed contract
will confirm rental dates. Until a completely executed contract and deposit are
received by the Center, the proposed date of the event is subject to change. The
Center reserves the right to hold ticketing monies to cover event operational
expenses in the event the balance due is not received within 15 days following the
event.
4. MAINTENANCE AND DEPRECIATION SURCHARGE:
Lessee will be charged a fee per ticket sold or per person in attendance, or a
percentage of ticket sales, whichever is greater, to offset the expense of the
maintenance and depreciation of the Hall and its premises.
5. TRAFFIC CONTROL:
Center management will arrange for, at Lessee's expense, a traffic officer to
control the traffic light at the intersection of McMullen-Booth Road and Ruth
Eckerd Hall Drive. The fee will be at the prevailing rate. To maintain patron
safety, Center reserves the right to make all traffic control arrangements deemed
necessary. All traffic control arrangements made by the Hall will be billed to the
Lessee.
6. PARKING GUARDS:
Parking guards direct traffic in the parking areas. Parking guard expense will be
at the prevailing rate.
7. SECURITY GUARD:
A security guard is required to be on duty for the duration of the Lessee's event.
Security guard expense will be at the prevailing rate.
8. USHERS:
The Hall reserves the right to supervise, through its Asst. Director of Operations
and House Manager, the services of all ushers (their numbers, appearance,
training, etc.).
9. TIME:
House will be opened to audience one-half hour prior to scheduled performance
time. The program will begin at the time printed on the tickets. If the program is
one hour or longer, there shall be an intermission of at least 15 minutes. Specific
arrangements to the contrary can be made with the Asst. Director of Operations.
10. VIDEO/AUDIO:
9
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Non-production related activities (NPRA) include activities such as
photographing, audio recording and video recording during rehearsals and/or
performance at the Hall. Unless prior arrangements are made, no less than 7 days
in advance, and approved by PACT, Inc., these activities are prohibited. The
NPRA rate is an element of rent based on the Rental Schedule. This fee is
applicable when such activities are performed by the Lessee or Lessee's agents,
employees, patrons, guests, artists or, at the request of the Lessee, by Center
personnel. Rates may be obtained by contacting the Event Services
Manager.
11. BROADCAST RIGHTS:
Center reserves all rights and privileges for outgoing radio and television
broadcasts originating from the Hall during the term of this Agreement.
Should Center grant to Lessee such privilege, Center has the right to require
advance payment of any estimated related costs to Center. Center may also
require payment seven days in advance for said privilege, in addition to rental fee.
Such permission must be obtained in writing in advance of broadcast date. Center
must receive credit for all broadcasts/cablecasts of the taped event. The broadcast
requirements may be obtained from the Hall's Asst. Director of Operations.
12. SECURITY:
All security arrangements deemed necessary by the Hall will be made by the Hall
and will be billed to the Lessee. Firearms of any kind may not be carried,
displayed, or used by any person, other than security personnel authorized by the
Hall.
13. LIST OF PERFORMERS:
Lessee shall provide a list of names of performers to be left with the security
guard at the Artists' Entrance. Only those persons on the list will be admitted on
that afternoon or evening of the performance.
14. PUBLIC AREAS:
Lessee agrees to abide by the discretion of the Asst. Director of Operations
concerning activities, dress, etc., of those persons acting on behalf of Lessee in
public areas.
15. CONCURRENT USE:
The Hall reserves the right to rent other parts of the Hall at the same time as the
Lessee's rental of said premises, and the use of the lobby, vestibules, hallways,
Ticket Office, lounges and other public rooms and facilities, at the discretion of
the Hall shall be concurrent with the use of such others as the Hall may determine
(provided that such renting to others shall not unreasonably interfere with the use
of said premises by the Lessee).
10
The Lessee understands and acknowledges that the Lessee has no rights
whatsoever to enter or use the areas in the said building compromising the
administrative offices of the Hall, the mechanical rooms or any other areas except
such as are designated in this Agreement or otherwise specified by the Hall in
writing.
16. STAFF RIGHT TO ENTRY:
Lessee will afford Center staff personnel the right to enter any part of the
Center at any time if they are performing an official function of the
Center.
17. FUTURE ATTRACTIONS:
The Hall reserves the right to distribute to the audience, announcements and
literature concerning future attractions to be held in the Hall whether such
attractions are under the auspices of the Lessee or not.
18. OPEN REHEARSALS:
Any rehearsal attended by more than twenty-five (25) non-production personnel
will be considered a performance and the Asst. Director of Operations must be
advised thirty (30) days in advance in order to provide adequate staffing.
19. SEATING ON STAGE:
The Lessee will not permit or cause to permit seating on the stage, stage wings or
in the aisles. The sole exception to this restriction is when the audience is a
planned and integral part of the action.
20. FOOD/BEVERAGES:
A. FOR CAST: The Lessee agrees that when food and beverages are
required on premises for cast and/or crew, the Food and Beverage
Department will be contacted in reference to provision and location of
these food and beverage items. Food or beverage service will not be
provided in any area of the building without approval ofthe Food and
Beverage Department. Under no circumstances are food and beverages
permitted in the auditorium or on stage. All alcoholic beverages must be
administered through PACT, Inc. as required by the state liquor license.
B. BAR SERVICE: Bar service will be provided when requested by the
Lessee. Requests to have bar service must be made through the Food and
Beverage Manager at least two weeks prior to the contracted event date.
11
Ifrevenue generated from bar sales is less than $350.00 per bartender, a
service fee of $50.00 per bartender will be charged. Please contact the
Food and Beverage Manager at (727) 712-2705 for further details.
C. CATERING: PACT's Food and Beverage Department will handle
food and beverage service as required by the contract rider if the Lessee so
desires. Arrangements to have the Food and Beverage Department
professionally handle this area, as well as the fees involved, can be made
through the Food and Beverage Department at (727) 712-2705.
21. LODGING FORBIDDEN:
The Lessee, or any person or persons claiming to be acting for the Lessee, is
prohibited from using the Hall as a sleeping or lodging accommodation.
22. ANIMALS:
Lessee will not allow animals to be kept in the Hall. Upon written permission of
the Hall Director, animals used in performance may be brought in to the Hall only
during actual rehearsal or performance.
23. COLLECTIONS:
No collections, donations or solicitations of money or goods of any kind, whether
for charity or otherwise, shall be made or attempted on the Hall premises,
including parking areas, without first obtaining written permission of the Hall
Director no later than one week in advance.
24. MERCHANDISE (Concessions):
The Hall reserves and retains to itself the right to operate, license and/or permit
others to operate, any and all concessions at or in all the facilities on the site of the
Hall, during the period of this Agreement.
A. The Hall reserves the right to use such areas as are, in its opinion,
necessary for such concessions and WHERE these concessions will be
made available.
B. The Hall will determine which concessions will be in Operation during
the period of the Agreement.
C. When written permission is granted to Lessee to operate a concession
of any kind, the Hall will receive twenty-five (25) percent of all net sales
of any object or document. If the Hall is required to provide a seller for
said concessions, the Hall will receive thirty (30) percent of all net sales.
D. No free samples of food, beverage or any product may be given away
or otherwise distributed without prior written approval of the Hall one
week in advance.
E. At no time will concession sales be permitted in the auditorium.
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SECTION 6
PUBLICITY/PROMOTION
1. PROMOTIONIPUBLICITY:
Lessee agrees to withhold all publicity and promotion of Lessee's event until a
date is established and a contract executed, for initiation of ticket sales and all
publicity and promotion can indicate such date. Failure to designate the specific
date that tickets are to go on sale, may result in additional charges for Center's
Ticket Office services.
2. ADVERTISING:
In all advertising, Lessee has the authority to use the Hall Ticket Office number
only when, in the judgment of Center management, Lessee has made available for
advance sale a sufficient number oftickets, in all price categories, so that the Hall
Ticket Office can properly accommodate and satisfy the demands of the ticket-
buying public. THE HALL MANAGEMENT MUST REVIEW AND APPROVE
ALL ADVERTISING AND ANNOUNCEMENT COpy THAT RELATES TO
THE USE OF THE HALL TICKET OFFICE TELEPHONE NUMBER.
3. CORRECT ADVERTISING COPY:
The Lessee agrees that all advertising - newspaper, radio, television, posters,
heralds, flyers, brochures, etc. - will contain the following information:
A. The true and correct name of the presenting agency or organization:
i.e. "Country Music Stars, Inc., presents..."
(Abbreviations are not acceptable)
B. The specific and correct name ofthe audience chamber in which the
event will take place: i.e. Ruth Eckerd Hall, or Margarete Heye Great
Room
C. The correct institutional name of the theater complex: i.e.
Ruth Eckerd Hall at the Richard B. Baumgardner Center for the
Performing Arts information and tickets: Ruth Eckerd Hall Ticket Office,
(727) 791-7400.
4. POSTERS, SIGNAGE, ETC.:
Lessee will display no posters, photographs, models, etc., without written
permission of the Hall's Asst. Director of Operations, and then only in such areas
as specified and such material as are APPROVED IN ADV ANCE BY THE
HALL DIRECTOR OF MARKETING AND COMMUNICATIONS. Further,
the Lessee is prohibited from driving any tack, nail or screw into the ceilings,
walls or floors of the Hall so as to mar, deface or injure Center property. The
Lessee is prohibited from displaying any signs, models, etc. on the Hall's
premises including parking areas, entrance and adjacent roadway without the
written permission of the Hall's Director.
13
5. OBJECTIONABLE MATERIAL:
Should the show contain any materials that may be viewed by any segment of the
community as being morally objectionable, the management reserves the right to
require of the Lessee the inclusion in all advertising of a phrase, acceptable to
Center management, that alerts the potential ticket-buyer to the maturity of the
theme or actions.
6. MAIL PROCEDURE FOR LESSEE:
A. All mailing for Lessees using PACT's list MUST be approved by
PACT Management. Not all lists are available for use. PACT's lists are
not available for purchase.
B. All mailings done for Lessees will be mailed by and paid for by the
Lessee. PACT's bulk permit is not available for renters use by law.
Lessee may pick up mailing at Ruth Eckerd Hall at the time and place
designated by the Marketing Department.
C. ALL MATERIALS MAILED by PACT using PACT's lists MUST BE
APPROVED BY THE DIRECTOR OF MARKETING AND
COMMUNICATIONS BEFORE THEY ARE PRINTED.
PACT reserves the right to refuse mailing material which is incorrect or
was not approved prior to printing.
D. PACT charges a fee for this mailing service which is set by the
Director of Marketing and Communications with the approval ofthe
President and CEO of PACT, Inc.
E. No copy of PACT's mailing list will be supplied to the Lessee.
SECTION 7
TICKET AND TICKET OFFICE
1. TICKET OFFICE SERVICES:
Full ticket office services are available at an additional charge. Ticket sales on
Ruth Eckerd Hall premises are handled by PACT Ticket Office staff only. No
pre-printed tickets will be sold. Base charge includes initial and ongoing
consultation between Lessee and Director of Ticketing/Information Services on
program, price, configurations, capacities, audit, ticket ordering and
administration. Contact the Asst. Director of Operations for prevailing rates.
2. THIRD PARTY TICKET AGENCIES:
14
Should Lessee opt to utilize an outside ticket agency, Director of
Ticketing/Information Services must be consulted regarding wheelchair,
companion, house, director and Center sales.
Lessee will provide a list of satellite locations to the Ticket Office by the first day
of public sale. This information will be available to the public.
When Ruth Eckerd Hall sells in conjunction with outside agencies, the Director of
Ticketing/Information Services will coordinate allotments. Any ticket agency
fees incurred through the sale of tickets at outlets other than the Ruth Eckerd Hall
Ticket Office will be borne entirely by the Lessee.
3. CONSIGNMENT:
There is no charge for the initial consignment of tickets. ALL UNSOLD
TICKETS WILL BE RETURNED TO THE TICKET OFFICE 72 HOURS
PRIOR TO PERFORMANCE. LESSEE WILL BE CHARGED FOR ALL
CONSIGNED TICKETS NOT RETURNED WITHIN 72 HOURS OF THE
PERFORMANCE. DISCOUNTED OR COMPLIMENTARY TICKETS MUST
BE CONSIGNED AS SUCH OR WILL BE CONSIDERED SOLD AT FACE
VALUE.
4. TICKET ORDERING:
Lessee must provide the Director of Ticketing/Information Services with the
name, address and phone number of one (1) authorized person as a contact for the
Ticket Office. Lesee's Representative will then be the sole person to deal with
the Director of Ticketing/Information Services.
All communications between contact person and Director of
Ticketing/Information Services must be written whenever possible. No verbal
messages are to be given to the Ticket Office cashiers. No requests for audit
reports on show are to be made at the window. CASHIERS ARE NOT
AUTHORIZED TO GIVE OUT SUCH INFORMATION. Audit information,
number of tickets sold, and any pre-performance information should be through a
Ticket Office Supervisor or Director of Ticketing/Information Services only.
Lessee will indicate prior to public sale any special seating needs for individual
shows, i.e. blocked seats, group seats, company seats, etc.
Lessee will provide a description of the performance to the Director of
Ticketing/Information Services, through the use of the PUBLICITY/CALENDAR
OF EVENTS AND TICKET OFFICE SERVICES form, to enable Ticket Office
staff to better inform the public about Lessee's event. TICKET OFFICE
SERVICES CAN NOT BE INITIATED UNTIL THE PUBLICITY/CALENDAR
OF EVENTS AND TICKET OFFICE SERVICES FORM IS COMPLETED.
5. REFUND OF TICKET REVENUE:
15
In keeping with the Ruth Eckerd Hall policy of retaining public faith, PACT, Inc.
retains the right to make determination of ticket refunds for cause. Reasons can
include, but are not limited to, seats blocked by equipment when exchange for
comparable location is not possible, failure of projection equipment, or failure of
act to show or to go on stage within reasonable time of schedule provided by
Lessee.
PACT, Incorporated will exert every caution against bad checks from customers
and will make every effort to collect such, but ultimate responsibility is that of the
Lessee.
6. TICKET DISTRIBUTION:
Any tickets that leave the Ticket Office must be (1) paid for, (2) complimentary,
or (3) consignment. (Lessee understands that he/she is fully responsible for any
tickets consigned.)
A. COMPLIMENTARY
The Hall reserves the right to monitor the use, number and distribution of
complimentary tickets by the Lessee. Complimentary ticket requests must
be in writing to the Ticket Office Manager not less than one week before
the performance.
Complimentary tickets, Center seats and House seats not used by the Hall
will be returned for sale. The Hall will use extreme discretion in
distributing complimentary tickets and/or sale of the House seats, and
Center seats, and will discount to Lessee for their use.
B. DISCOUNTS:
Lessee must advise Director of Ticketing/Information Services, in writing,
when initial ticket information is given, of its intention to sell tickets at a
discount. Such information must include the precise amount of discount,
number of tickets, restrictions, and the scale categories and seat numbers
involved.
C. GROUP DISCOUNTS:
Lessee must identify the group discount and the restrictions that apply, i.e.
minimum numbers, locations, cancellations, and fees in writing to the
Ticket Office.
D. TICKET GIVEAWAYS:
Arrangements for ALL ticket giveaways must be made through the Box
Office three weeks in advance.
E. DIRECTOR'S SEATS:
The Hall reserves the right to hold six (6) Director's seats for
performances.
F. DISABILITY LOCATIONS:
The Hall reserves the right to control the distribution of wheelchair and
companion seating in the Hall's Ticket Office.
G. CENTER SEATS:
16
The Hall reserves the right to hold and distribute up to one (1) percent of
the total seats of House capacity for its use.
7. TICKET OFFICE ACCESS AND SUPERVISION:
Access is restricted to authorized personnel ofP ACT, Inc. only. Supervision of
sales is under the sole discretion of Ticket Office management.
8. TICKET OFFICE RECEIPTS:
Performance audit will be taken at closing of Ticket Office. A preliminary audit
on "run of show" will be presented by Center to Lessee within 48 hours after the
final performance and will include a recapitulation of each performance.
Sales tax on ticket revenue will be withheld and submitted by the Hall (where
applicable).
All receipts will be immediately deposited in Center account. A check will be
presented to the Lessee with final audit in accordance with terms of this
agreement.
9. FINAL SETTLEMENT:
A Final Revenue/Expense Report will be issued within 10 working days of the
Lessee's date of performance. Revenue due to Lessee will be paid within 30 days
of final settlement, and final payment of Lessee's expenses will be paid within the
same time period. Day of show final settlement may be arranged by contacting
the Asst. Director of Operations at (727) 712-2776, no later than 30 days before
the day of show.
17
E0Jb - a
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City Council
Cover Memorandum
\\.S
Tracking Number: 1,447
Actual Date: 08/04/2005
Subject / Recommendation:
Award a contract to J.T.V., Incorporated, in the amount of $200,000.00, for sanitary sewer line
cleaning, inspection and rehabilitation at various locations throughout the City, using the unit
prices established in a contract with the City of Gulfport, Florida, for Sewer System Repairs (Bid
No. 2005-03), and that the appropriate officials be authorized to execute same.
Summarv:
The City of Clearwater has determined that a comprehensive sanitary sewer cleaning, inspection
and rehabilitation contract was necessary for the emergency repairs and other repair conditions
that are not currently covered in the existing contract with American Water Services
Underground Infrastructure, Inc.
The City of Gulfport, Florida, awarded a contract (Bid No. 2005-03) to J.T.V., Incorporated, with
an effective date of March 1, 2005, for a term of two years with additional annual renewal
periods upon consent of both parties.
J.T.V., Incorporated has agreed to perform these services for the City based on the unit prices
established in the City of Gulfport contract referenced above. Our contract with JlV will begin
upon execution of our agreement and will remain in effect until the funds are depleted or until
such time that JlV's contract with the City of Gulfport is terminated.
There is sufficient budget and revenue available in the 2002 Water and Sewer Revenue Bond
Construction Fund in the amount of $200,000 in project 0343-96665, Sanitary Sewer R & R.
A copy of the contract is available in the Office of Official Records and Legislative Services for
review.
Originating: Engineering
Section Consent Agenda
Categorv: Construction Contracts - Public Works Originating
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Type: Capital Expenditure
Bid Required? No
Bid Exceptions:
Other Government Bid
Other Contract?
City of Gulfport - Bid No. 2005-03
Current Year Cost:
$200,000.00
City Council
"__,~gen~!",,!;ove!,~_~_I11()~.!:!!!!_,m,"',,._''''''''',m,,_,
Aoorooriation Code(s)
0343-96665- 563800- 53 5-000
Amount
$200,000.00
Comments
Review Approval
Glen Bahnick
Tina Wilson
Garry Brumback
Michael Quillen
Brvan Ruff
Bill Horne
George McKibben
Cyndie Goudeau
07-14-2005 08:36:24
07-14-2005 11 :26:25
07-20-2005 07:58:29
07-14-2005 09:30:52
07-14-2005 12:01 :32
07-20-2005 10:35:08
07-14-2005 10:11:27
07-20-2005 11:20:09
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.
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~2 ~ E('l6-J
RESOLUTION NO. 2005-23
A RESOLUTION OF THE CITY OF GULFPORT, FLORIDA,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH J.T.V., INC. FOR SEWER REPAIR PROJECTS IN AN AMOUNT
NOT TO EXCEED $400,000.00 FOR FISCAL YEAR 2004-2005; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Gulfport has an ongoing Sewer Rehabilitation and Replacement
Program; and
WHEREAS, Funds of $400,000 are included in the 2004-2005 Fiscal Year Budget for various
sewer system repairs.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
GULFPORT, FLORIDA:
Section 1.
The City Council hereby authorizes the City Manager to entire into an a contract
with J.T.V., Inc for the Sewer Repair Projects in an amount not to exceed
$400,000.00 for Fiscal Year 2004-2005.
Section 2.
This resolution shall become effective upon its adoption.
PASSED AND ADOPTED this 1 st day of March, 2005 by the Council of the City of Gulfport,
Florida. ~
'~Yn~
Michael J. Y ake2 Ma .
ATTESTED by the City Clerk on the date above-written.
.r(~ y/l. ~~
r:0uise M. Spence, City C rk
Res. 2005-23
.
.
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RESOLUTION NO. 2005-24
A RESOLUTION OF THE CITY OF GULFPORT, FLORIDA,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH J.T.V., INC. TO PROCEED WITH VARIOUS SEWER SYSTEM
REPAIRS AND STORM DRAIN LINE TELEVISING IN AN AMOUNT
NOT TO EXCEED $280,000.00; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Gulfport has an ongoing Sewer and Storm Line Rehabilitation and
Replacement program; and
WHEREAS, the Public Works Department has identified the areas of sewer and storm drain
lines with the highest probability for potential service interruption or line failure in the amount;
and
WHEREAS, the areas for this phase of repairs have been determined.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
GULFPORT, FLORIDA:
Section 1.
The City Council hereby authorizes the City Manager to entire into an a contract
for the sewer repairs and storm drain line televising with J.T.V., Inc. in an amount
not to exceed $280.000.00.
Section 2.
This resolution shall become effective upon its adoption.
PASSED AND ADOPTED this 1st day of March, 2005 by the Council of the City of Gulfport,
Florida.
~~atJlL-
ATTESTED by the City Clerk on the date above-written. /7
:\~./ , ,/Yl ~
/ I t/U.U<...-t 1" I. ~ f1/T\ U!. ,
Louise M. Spence, Citf erk
Res. 2005-24
.
CITY OF GULFPORT
SERVICE AGREEMENT
TIllS AGREEMENT is hereby executed this I day of rlaA {.J.... i .2005 between the
CITY OF GULFPORT, FLORIDA (hereinafter" CITY') and ,:5 I J( i ;VG
(hereinafter "CONTRACTOR"), as follows:
WHEREAS, City is desirous of purchasing from Contractor the goods or services
described herein. and has submitted an appropriate proposal to the City to provide the same: and
WHEREAS, This agreement has been properly approved by the appropriate authority of
the City and the Contractor.
NOW, THEREFORE, upon the mutual covenants contained herein, and other good and
valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto
hereby agree to the following:
1. City hereby agrees to purchase, and Contractor hereby agrees to sell or provide, the
goods or services described in the proposal attached hereto and incorporated herein.
.
2. For each task of the Sewer Repairs Project Bid #2005-03, the City of Gulfport shall
provide to the Contractor a written detailed description of the services to be performed together
with time and cost limitations, if appropriate. The fully executed task order shall constitute
authorization for the Contractor to proceed for services defined by said task order, unless
otherwise set forth therein. A purchase order issued by the City of Gulfport shall also constitute
authorization for the Contractor to proceed. All terms, conditions and specifications included in
Bid #2005-03 are incorporated by reference into this agreement.
Work authorized by purchase order shall not exceed Ten Thousand and 00/1 00 Dollars
($10,000.00) total. The purchase order shall reference this agreement. The purchase order shall
become a supplement to and part of this agreement. In the event of any conflict, the provisions
of this agreement will control, over the conflicting provision of the purchase order, invoice, or
other form.
Work having a cost of over Ten Thousand and 00/100 Dollars ($10,000.00) requires approval by
the City Council and must be authorized by the City pursuant to a task order. Each task order
shall be numbered consecutively and shall reference this agreement. In the event of any conflict,
the provisions of this agreement will control, over the conflicting provision of a task order,
purchase order, invoice, or other form. Each task order, after execution by both parties to this
agreement, shall become a supplement to and be incorporated into this agreement. The City of
Gulfport specifically reserves the right to determine whether a specific task order is within the
scope of work to be provided by the Contractor.
.
3. The City of Gulfport must approve in writing any changes in the scope, specifications, or
other conditions under which the services specified or referred to herein are to be performed
which result in additional costs or expenses to the City of Gu.lfi>ort or which would change the
underlying purpose of the purchase or task order. Changes include, but are not limited to: issuing
.
additional instructions, requesting additional work or direct omission of work previously
ordered, or changes in time of performance.
4. The parties recognize that the Contractor is an independent contractor. The Contractor
agrees to assume liability for and indemnifY, hold harmless and defend the City, its council
members, mayor, officers, employees, agents and attorneys of: from, and against all liability and
expense, including reasonable attorney's fees, in connection with any and all claims whatsoever
for personal injuries or property damage, including loss of use, caused by the negligent or
deliberate act or omission of the Contractor, its agent, officers, contractors or employees or
anyone else for whose acts the Contractor may be liable, or arising out of the execution,
performance, nonperformance or enforcement of this Agreement. The Contractor's liability
hereunder shall include all attorney's fees and costs incurred by the City in the enforcement of
this indemnification provision. This includes claims made by the employees of the Contractor
against the City and the Contractor hereby waives its entitlement, if any, to immunity under
Section 440.11, Florida Statutes. Nothing contained herein shall be construed as a waiver of any
immunity from or limitation of liability the City may have under the doctrine of sovereign
immunity or Section 768.28, Florida Statutes. The City shall have the right, as its option, to
participate in the defense of any suit, without relieving Contractor of any of its obligations
hereunder. The obligations contained in this provision shall survive termination of this
Agreement and shall not be limited by the amount of any insurance required to be obtained or
maintained under this Agreement.
.
Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or
obligation of indemnity which would otherwise exist as to any party or person described in this
Section. Moreover, nothing in this Agreement shall be construed as waiving the City's rights of
sovereign immunity under Section 768.28, Florida Statutes.
5. The City of Gul1j>ort shall be furnished proof of insurance coverage
as follows:
. The name of the insured, the name of the insurer, the number of the policy, its
effective date, and its termination date;
. Statement that the insurer will mail notice to the City of GulfPort at least thirty (30)
days prior to any material changes in provisions, cancellation, renewal, or noo-
renewal of the policy;
. Certificate of Insurance shall be in the fonn as approved by the City of Gulfport and
such Certificate shall clearly state all the coverage required in this Article;
. Receipt of certificates or other documentation of insurance or policies or copies of
policies by the City of Gulfport or by any of its representatives which indicate less
coverage than required by this Agreement does not constitute a waiver of the
Contractor's obligations to fulfill the requirements of this Article.
.
6. The Contractor shall take out and maintain, during the life of this agreement, Workers'
Compensation and Employer's Liability Insurance for all its employees connected with work
under this Agreement. In case any class of work conducted under this Agreement is not protected
under the Workers' Compensation statute, the Contractor shall provide adequate insurance,
satisfactory to the City of Gulfport, for the protection of employees not otherwise protected.
2
.
7. The Contractor shall take out and maintain, during the life of this Agreement,
Commercial General Liability and Commercial Automobile Liability Insurance as shall protect
the City of Gulfport from claims for damage for bodily injury and personal injury, including
accidental death, as well as claims for property damages which may arise from operating under
this Agreement, whether such operations are by itself or by anyone directly or indirectly
employed by them, and the amount of such insurance shall be minimum limits as follows:
. Commercial General Liability:
- Minimum coverage is $1,000,000.
Coverage shall include premises, operations, products, completed operations,
independent contractors, contractual liability covering this Agreement, contracts and
leases, broad form property damage coverage, personal injury and bodily injury.
_ If Umbrella or Excess liability coverage is used to satisfy the requirements of this
Article, it shall not be more restrictive than the underlying insurance policy
coverage.
. Commercial Automobile Liability:
- Minimum coverage is $500,000.
.
Coverage shall include bodily injury and property damage arising out of ownership,
maintenance or use of any auto, including owned, nonowned and hired automobiles and
employee nonownership use.
8. Based upon Applications for Payment submitted to the City the Contractor, the City
shall make progress payments on account of the task order or purchase order to the Contractor as
provided below.
The period covered by each Application for Payment shall be one calendar month ending on the
last day of the month.
Provided an Application for Payment is received by the City not later than the 15th day of the
month, the City shall make payment to the Contractor not later than the last day of the month. If
a valid Application for Payment is received by the City after the Application date fixed above,
payment shall be made 15 days after the City received the Application for Payment.
Each Application for Payment shall be based upon the Pricing Form submitted by the Contractor
in accordance with the bid proposal.
Applications for Payment shall indicate the percentage of completion of each portion of the
Work as of the end of the period covered by the Application of Payment. Final payment,
comprising the entire unpaid balance of the purchase order, shall be made by the Owner to the
Contractor when the task or purchase order bas been fully performed and accepted by the Owner.
Furthermore, payment shall be made within 15 days of the Owner receiving a final Certificate of
Payment.
.
9. This agreement is for two-year period from the date of execution and
may be renewed for additional annual periods with the consent of both parties.
3
.
.
.
10. The City ofGulfport or the Contractor may terminate this agreement for any reason by
giving at least thirty (30) days written notice to the other party of their intent to terminate. In the
event the agreement is terminated. by the City of Gulfport for reasons unrelated to the quality of
work provided. by the Contractor, the City of Gu1fix>rt shall forthwith pay the Contractor in full
for all work previously authorized and actually performed prior to the Notice of Termination.
This payment shall be the sole financial obligation or responsibility of the City of Gul1jx>rt for
compensation hereunder in the event of termination in accordance with the provisions of this
paragraph. This agreement shall continue in effect until a Notice of Termination is given by
either party as set forth above.
11. This Agreement shall be binding upon the parties, their successors, assigns, and
legal representatives. Neither party shall assign or otherwise transfer any of its rights or duties
under this agreement without the express prior written consent of the other party. Any action to
enforce this Agreement shall be brought in Pinellas County, Florida. The parties waive trial by
jury and federal jurisdiction based upon diversity. The prevailing party in any legal action shall
be entitled to recover its court costs incurred therein.
12. This document embodies the whole agreement of the parties. There are no
promises, terms, conditions, or agreements other than those contained herein, and this document
shall supersede all previous communications, representations, and agreements, whether written
or verbal between the parties hereto. This Agreement may be modified only in writing executed
by all parties.
13. Contractor acknowledges that CITY is subject to the laws of this state concerning
public records. Contractor shall make its records available to the extent required by the public
records laws.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the day
and date first above written:
OWNER: City of Gulfport, Florida
By:~---J: ~
Thomas E. Brobeil, as City Manager
ATTEST:
/i
~. /' jf,
/~&c:'-(, },7) ~?\.G.L
!/ ~.r'" .
Louise M. Spence, City' C rk
ATTEST:
'~YA fI A a <aJ&-e~
4
.
PRICING FORM
Pricing Form
- 100-
J.T.V., INCORPORATED P.O. BOX 28397 ST. PETE. FL 33709 727-528-1998
.
.
.
c.
d
e.
(
g.
3. By-Pass Pumping
a. Traffic Control (per day)
b. Traffic Control (per week)
c. 8" - 42" Diameters
d Pump Set-up
8" Sewer Flow
10" Sewer Flow
12" Sewer Flow
15" Sewer Flow
18" Sewer Flow
20" Sewer Flow
24" Sewer Flow
30" Sewer Flow
36" Sewer Flow
42" Sewer Flow
4" Pump
6" Pump
8" Pump
10" Pump
12" Pump
1 50. O<per lump sum
750. O<per lump sum
1.00
2.00
2.50
4.00
5.00
7.00
1 0.00
17.00
20.00
28.00
300.00
300.00
500.00
600.00
750.00
Pricing Form
- 101 -
J.T.V., IN<DRPORATED P.O. BOX 28397 sr.PEI'E., FL 33709 727-528-1998
per If
per If
per If
per If
per If
per If
per If
per If
per If
per If
per each
per each
per each
per each
per each
~. 4. Pump Operation (per hour per pump)
4" Pump 35.00 per hour
6" Pump 50.00 per hour
8" Pump 50.00 per hour
10" Pump 50.00 per hour
12" Pump 100.00 per hour
5. Well Points
Quantity 8 Points o - 8 V.F. 500.00 lump sum
Quantity 8 Points 9 - 15 V.F. 750.00 lump sum
Quantity 8 Points 16 - 25 V.F. 950.00 lump sum
6. TV Inspection - Sewer Lateral with Computer Report and Diagram
a. Lateral Inspection 0' to 30' 340.00 per each
b. Additional lateral Inspection > 30' 8.00 per If
c. Lateral Location from Sanitary Main 500.00 per each
7. CCTV Pipe Inspection (<10,000 If) with Computer Report and Diagram
. a. 6" to 12" 1.00 per If
b. 15" to 18" 1.50 per If
c. 20" to 24" 2.00 per If
d. 27" to 42" 2.50 per If
8. CCTV Pipe Inspection (> 1 0,000 If) with Computer Report and Diagram
a. 6" to 12" 1.00 per If
b. 15" to 18" 1.50 per If
c. 20" to 24" 2.00 per If
d. 27" to 42" 2.50 per If
9. CCTV Pipe Inspection Easement Access, Additional
< 12" Diameter .50 per If
> 12" Diameter .50 pertf
10. Manhole Inspection with Computer Report and Diagram 70.00 per each
11. Additional Set-Up 25.00 lump sum
12. Smoke Testing with Computer RepOrt and Diagram .50 per If
.
J.T.V., INCORPORATED
Pricing Form
- 102 -
P.O. BOX 28397 ST. PETE., FL 33709 727-528-1998
. 13. Digital Video Inspection Capture with Computer Report and
Diagram
a. All Diameter Pipe, 2000 - 5000 If .50 per If
b. All Diameter Pipe, 5001 or more If .50 per If
14. Lift Station Cleaning
a Length x Width x Depth 3.50 per sq ft
15. Lift Station Grouting 250.0Oper 5-gallon pail
16. Trenchless Lateral Reconstruction System
Service Reconstruction up to 30 Linear feet 3,500.00 per each
Additional Footage 80.00 per If
Additional for Stack Service 300.00 per each
Clean-Out Installation, grassed area 600.00 per each
17. Lateral Easement Access, Additional
< 12" Diameter 2.50. per If
> 12" Diameter 3.50 per If
.
250.00 per each
18. Service Lateral Reinstatement
B. Explanation of Terms
1. The rates proposed in Section A-I and A-2 are quoted on a per linear foot basis, with
the exception of traffic control which is to be proposed as a lump sum.
2. The rates proposed in Section A-3b are per each and A-4 are to be proposed on an
hourly basis.
3. The rates proposed in Section A-6 are to be proposed on an each basis, with the
exception of additional lateral inspection that is to be proposed on a linear foot basis.
4. The rates proposed in Section A-7 refer to quantities ofless than 10,000 linear feet and
are to be proposed on a per linear foot basis, with the exception of traffic control which
is to be proposed on a lump sum basis.
5. Section A-8 rates applies to quantities greater than 10,000 linear feet.
6.
TV Inspection refers to the televised inspection of the pipe interior using remote
controlled video equipment. Payment is by the linear feet of travel within the pipe. TV
inspection does not include cleaning for the use of water jet for camera transport. The
unit price varies according to the pipe diameter. Computer inspection reports and video
are required for each TV inspection performed.
.
Pricing Form
- 103 -
J.T.V., INCORPORATED P.O. BOX 28397 ST. PETE. FL 33709 727-528-1998
.
7.
Additional Set Up refers to the charges for the termination of the TV Inspection in a
section of pipe due to a blockage, and the re-entry of the camera from the opposite
direction.
8. Lateral Inspection refers to televised inspection of a service connection via an existing
clean-out. Payment is a lump sum for footage up to 30 linear feet. Additional footage
would be charged at the applicable rate for each additional linear foot.
9. Manhole inspection refers to the televised inspection of the manhole interior, noting any
deficiencies.
10. Smoke testing refers to the televised inspection of the exterior sewer surface noting any
deficiencies.
II. Light Cleaning refers to the removal of ~ diameter or less of sand and/or debris from a
section of pipe. The removal of roots and/or tuberculation would be considered a
separate line item.
12. Medium Cleaning refers to the removal of ~ to Y2 diameter of sand and/or debris from a
section of pipe. The removal of roots and/or tuberculation would be considered a
separate line item.
.
13.
Heavy Cleaning refers to the removal of greater than Y2 diameter or more of sand and/or
debris from a section of pipe. The removal of roots and/or tuberculation would
be considered a separate line item.
14. Digital video inspection as in Section 13 shall include the capture of inspection footage
in digital format. The system shall be capable of random access retrieval of inspection
footage and displaying this footage on computer screen with some level of plan
schematic to show locations. Digital capture shall be directed from the camera without
use of videotape to prevent loss of resolution. The equipment for digital inspection,
storage, and retrieval of data shall be similar to the Pearpoint Flexidata Software, or
approved equal.
15. The Contractor shall as in Section 18 furnish all materials and equipment to reconnect
the existing service connections. The work includes the reconnection of existing service
connections by means of a television camera directed cutting device that identifies the
lateral connections and re-establishes them. The number of connected services to be
measured for payment will be the actual number of connections made. Payment for the
Service Connections will be made at the Contract Unit Price per connection.
.
Pricing Form
- 104 -
-. C. Sanitary Sewer Line Rehabilitation
1. Trenchless Pipe Reconstruction - CIPP (Cured-In-Place-Pipe) Inversion Felt Lining
a. Sanitary Sewer Mains 8" Dia. Gravity Sewer
0.236 Nominal Thickness 30.00 per If
Increase/ Reduction of 0.059 inch Thickness 2.00 per If
b. Sanitary Sewer Mains 10" Dia. Gravity Sewer
0.295 Nominal Thickness 33.00 per If
Increase! Reduction of 0.059 inch Thickness 2.00 per If
c. Sanitary Sewer Mains 12" Dia. Gravity Sewer
0.295 Nominal Thickness 41.00 per If
Increase! Reduction of 0.059 inch Thickness 2.00 per If
d Sanitary Sewer Mains 15" Dia. Gravity Sewer
0.354 Nominal Thickness 53.00 per If
Increase! Reduction of 0.059 inch Thickness 3.00 per If
e. Sanitary Sewer Mains 18" Dia. Gravity Sewer
0.354 Nominal Thickness 65.00 per If
. Increase! Reduction of 0.059 inch Thickness 3.00 per If
f Sanitary Sewer Mains 21" Dia. Gravity Sewer
0.413 Nominal Thickness 75.00 per If
Increase/ Reduction of 0.059 inch Thickness 4.00 per If
g. Sanitary Sewer Mains 24" Dia. Gravity Sewer
0.472 Nominal Thickness 105.00 per If
Increase! Reduction of 0.059 inch Thickness 4.00 per If
h. Sanitary Sewer Mains 27" Dia Gravity Sewer
0.472 Nominal Thickness 120.00 per If
Increase! Reduction of 0.059 inch Thickness 5.00 per If
1. Sanitary Sewer Mains 30" Dia. Gravity Sewer
0.531 Nominal Thickness 142.00 per If
Increase! Reduction of 0.059 inch Thickness 5.00 per If
J. Sanitary Sewer Mains 36" Dia. Gravity Sewer
0.531 Nominal Thickness 160.00 per If
Increase! Reduction of 0.059 inch Thickness 8.00 per If
. Ie. Sanitary Sewer Mains 42" Dia. Gravity Sewer
0.620 Nominal Thickness 178.00 per If
Increase/ Reduction of 0.059 inch Thickness 9.00 per If
Pricing Form
- 105 -
J.T.V., INCORPORATED P.O. BOX 28397 ST. PETE., FL 33709 727-528-1998
. 4. Trenchless Pipe Reconstruction - CIPP (Cured-In-Place Pipe) Pull in Place Fiberglass
Lining
a. Sanitary Sewer Mains 8" Dia. Gravity Sewer
4 mm Nominal Thickness 48.00 per If
6 mm Nominal Thickness 55.00 per If
b. Sanitary Sewer Mains 10" Dia. Gravity Sewer
4 mm Nominal Thickness 53.00 per If
6 mm Nominal Thickness 63.00 per If
c. Sanitary Sewer Mains 12" Dia. Gravity Sewer
4 mm Nominal Thickness 72.00 per If
6 mm Nominal Thickness 82.00 per If
d. Sanitary Sewer Mains 15" Dia. Gravity Sewer
4 mm Nominal Thickness 92.00 per If
6 mm Nominal Thickness 102.00 per If
e. Sanitary Sewer Mains 18" Dia. Gravity Sewer
6 mm Nominal Thickness 121 .00 per If
. 7.5 mm Nominal Thickness 135.00 per If
f Sanitary Sewer Mains 21" Dia. Gravity Sewer
6 mm Nominal Thickness 138.00 per If
7.5 mm Nominal Thickness 148.00 per If
9.5 mm Nominal Thickness 158.00 per If
g. Sanitary Sewer Mains . 24" Dia. Gravity Sewer
6 mm Nominal Thickness 169.00 per If
7.5 mm Nominal Thickness 179.00 per If
9.5 mm Nominal Thickness 189.00 per If
h. Sanitary Sewer Mains 27" Dia. Gravity Sewer
6 mm Nominal Thickness 185.00 per If
7.5 mm Nominal Thickness 195.00 per If
9.5 mm Nominal Thickness 205.00 per If
1. Sanitary Sewer Mains 30" Dia. Gravity Sewer
7.5 mm Nominal Thickness 200.00 per If
9.5 mm Nominal Thickness 215.00 per If
J. Sanitary Sewer Mains 36" Dia. Gravity Sewer
7.5 mm Nominal Thickness 225.00 per If
. 9.5 mm Nominal Thickness 240.00 per If
Pricing Form
-106-
J.T.V., INCORPORATED P.O. BOX 28397 ST. PETE., FL 33709 727-528-1998
..
.
.
k.
Sanitary Sewer Mains 42" Dia. Gravity Sewer
7.5 mm Nominal Thickness
9.5 mm Nominal Thickness
250.00
265.00
per If
per If
3. Trenchless Pipe Reconstruction - CIPP (Cured-In-Place-Pipe) Sectional Lining
a.
Sanitary Sewer Mains
4 mm Nominal Thickness
8" Dia. Gravity Sewer
0' - 10' 1,800.00
11' - 20' 3,200.00
21' - 30' 3,600.00
31' - 40' 4,200.00
Each additional lineal foot 80.00
8" Dia. Gravity Sewer
0' - 10' 1,800.00
11' - 20' 3,200.00
21' - 30' 3,600.00
31' - 40' 4,200.00
Each additional lineal foot 80.00
b.
Sanitary Sewer Mains
6 mm Nominal Thickness
c.
Sanitary Sewer Mains
4 mm Nominal Thickness
10" Dia. Gravity Sewer
0' - 10' 1,800.00
II' - 20' 3,200.00
21' - 30' 4,200.00
31' - 40' 5,200.00
Each additional lineal foot 80.00
d.
Sanitary Sewer Mains
6 mm Nominal Thickness
10" Dia. Gravity Sewer
0' - 10' 1,800.00
II ' - 20' 3,200.00
21' - 30' 4,200.00
31 ' - 40' 5,200.00
Each additional lineal foot 80.00
e.
Sanitary Sewer Mains
4 mm Nominal Thickness
12" Dia. Gravity Sewer
0' - 10' 2,600.00
11'-20' 3,600.00
21'-3a 4,600.00
31' - 40' 5, 600. 00
Each additional lineal foot 90.00
per each
per each
per each
per each
per each
per each
per each
per each
per each
per each
per each
per each
per each
per each
per each
per each .
per each
per each
per each
per each
per each
per each
per each
per each
per each
Pricing Form
- 107 -
J.T.V., INCORPORATED P.O. BOX 28397 ST. PETE., FL 33709 727-528-1998
Pricing Form
J.T.V., INCORPORATED P.O. BOX 28397 sT!O~ETE., FL 33709 727-528-1998
.
L
Sanitary Sewer Mains 21" Dia. Gravity Sewer
7.5 mm Nominal Thickness 0" - 10" 4,300.00
II' - 20' 5,300.00
21'-30' 6,300.00
31' - 40' 7,300.00
Each additional lineal foot 115.00
per each
ner each
oer each
DeI' each
per each
Del' each
~ each
nee each
per each
~ each
n. Sanitary Sewer Mains . 24" Dia Gravity Sewer
6 mm Nominal Thi~ 0-10' 4,600.00 nee each
7.5 11Im Nominal Thickness 0-10' 4,800.00 nee each
9.5 mm Nominal Thickness 0-10' .5,000.00 Del" each
. 6 mm Nominal Thickness 11"-20' 6,000.00 per each
7.5 mm Nominal ~ 11'-20' 6,200.00 nee each
9.5 mm Nominal Thickness 11'-20' 6,400.00 per each
6 mm Nmninal Thickoess 21'-30' 7,600.00 nee each
7.5 mm Nominal Thickness 21"-30' 7,800.00 per each
9.5 mm Noniinal Thidmess 21'-30' 8,000.00 oer each
6 mm Nominal Thicbess . 31'-40' 8,750.00 per each
7.5 mm Nominal Thickness . 31'-40' 8,950.00 ocr each
9.5 mm Nominal Thickness 31'-40' 9,150.00 nee each
6 mm Nominal Thieb1ess Each additional foot 200.00 ocr each
7.5 mm Nominal Thi~ Each additional foot 215.00 per each
9.5 mm Nominal Thickness Each additional foot 230.00 DeI' each
.
In.
Sanitary Sewer Mains
9.5 mm NnminaITmek:np.ss
21" Dia. Gravity Sewer
0" - 10' 4,500.00
II' - 20' 5,500.00
21' - 30' 6,500.00
31'-40' 7,500.00
'Each additional lineal foot 120.00
o.
Sanitary Sewer Mains
6 nun Nominal Thickness
7.5 mm Nominal Thickness
9.5 mm Nominal Thickness
27" Dia. Gravity Sewer
0'-10' 5,500.00
0"-10' 5,700.00
0'-10' 5,900.00
6 nun Nominal Thickness
7.5 mm Nominal Thickness
9.5 mm Nominal Thickness
6,900.00
7,100.00
7,300.00
11'-20'
11'-20'
11'-20'
6 nun Nominal Thickness .
7.5 nun Nominal Thickness
9.5 mm Nominal Thidrness
Pricing Form
- 109-
J.T.V., INCORPORATED P.O. BOX 28397 ST.
8,300.00
8,500.00
8,700.00
21'-30'
21'-30'
21'-30'
PETE., FL 33709
oer each
per each
per each
per each
oer each
oer each
per each
per each
per each
727-528-1998
.
Pricing Form
J.T.V., INmRPORATED P.O. 28397 sr. P.EHP.- FL., FL 33709 727-528-1998
e
.
e
D.
Explanation of Terms
1. Trenchless Pipe Reconstruction System, Sanitary Mains, refers to the installation of a
resin impregnated, cured-in-place pipe by external heat source within the existing sewer
maID.
2. By-Pass Pumping, refers to the bypassing of existing flows as needed during TV
Inspection, Cleaning or Pipe Reconstruction.
3. Service reconnection refers to the reinstatement of the house connection of the sewer
main after the installation of the Trenchless Pipe Reconnection System. This is
accomplished from within the sewer main via a remote controlled cutting device.
4. Service Lateral Inspection and Preparation for Reconstruction refers to the reinstatement
of a house service connection to the sewer main after the installation of the Trenchless
Pipe Reconnection System. In addition, the service lateral TV Inspection and the
connection surface is prepared for the installation of the Trench1ess Lateral
Reconstruction System.
5.
Trenchless Lateral Reconstruction refers to installation of a resin impregnated cured-in-
place lateral within the existing lateral extending from the sewer main connection to a
previously installed clean-out.
6. Service Reconstruction up to 30 Linear Feet refers to the lateral reconstruction via the
above system for a base footage of 30 linear feet.
7. Additional footage refers to the additional footage of lateral reconstruction beyond the
30 linear feet included in the base price.
8. Additional for stacked service refers to an additional charge incurred when
reconstructing a service lateral in the stack or vertical configuration.
9_ Clean-out installation refers to the installation of a lateral clean-out at a predetermined
point. Price is based on installation at a shallow depth of up to 4 V.F. and within a
grassed area.
10. Trenchless Lateral Reconstruction System is dependent upon the results of the internal
inspection. Factors such as the lateral condition and alignment may prohibit the
reconstruction. In this case, a charge for the service lateral inspection and preparation
for reconstruction will apply.
II. Easement access refers to the additional charges incurred when working within
easements between property boundaries.
12.
Traffic Control refers to the additional charge incurred for placing traffic control
personnel or devices in areas deemed unsafe. This does not cover the placement of
standard traffic cones, which is included in the price for Trenchless Pipe
Reconstruction.
Pricing Form
-111-
1. Prices shown per vertical foot are for 4S" diameter manholes. for 60" diameter multiply
price by 1.25. Larger diameter manholes will be priced by the square foot by dividing
the vertical foot price by 12.56. This will also apply for irregular shapes.
2. Corrosion Protection - Application of based coating for protection from hydrogen
sulfide attack. ~
3. Bench/Invert Repair - Minor repairs made to the bench and invert area of the manhole.
4. Injection Grouting - Placement of grout curtain around the manhole exterior via drilled
access points in the manhole walL Grout to be used - acrylate chemical grout AC400 or
Avanti A VIlIS.
5.
Manhole Grouting for Stabilization - Settling manholes shall be grouted below the base
to prevent future and further settling. Manhole bases will be drilled and the sub soil
grouted for stabilization of the soil. Upon request, Contractor shall provide means and
methods for accomplishing stabilization of the manhole base. .
.
Pricing Form
- 112 -
J.T.V., INCORPORATED P.O. BOX 28397 ST. PETE. FL 33709 727-528-1998
.
.
.
EQUIPMENT LIST FOR EACH REHABILITATION METHOD
Equipment Item
Manufacturer Name
SEE ENCLOSED ~ LIST
Pricing Form
- 113 -
EQUIPMENT LISTING OWNED AND OPERATED BY J.T.V., INC.
.
CURED-IN-PLACE PIPE LINING EQUIPMENT
MANUFACTURERS CERTIFIED INSTALLER OF "CIPPCON, INC." CURED-lN-PLACE
LINING SYSTEMS. 100 % FELT AND EPOXY UNING,
4" - 84" DIAMETER, HOT WATER CURED SYSTEM.
MANUFACTURERS CERnFlED INSTALLER OF "BJR TRADING" CURED-lN-PLACE
LINING SYSTEMS. 100 % FIBERGLASS AND EPOXY UNING, 4" - 60" DIAllETER, STEAM
CURED SYSTEM.
CIPP LINING EQUIPMENT
· (1) 13 MilliON BTU HOT AlRJWATER BOILER TRUCK
· 16' SELF CONTAINED LATERAL CUTTING TRAILER WITH ROBOTIC CAMERA
MOUNTED ON CUTTER CRAWLER.
· 4" - 24" DIAMETER, FIBERGLASS IN STOCK AT J.T-V. FACILITY.
· (1) 1.4 MILLION BTU STEAM BOILER.
· (1) 24 FOOT THERMO KING REFRIGERATION TRUCK .
· (4) 500 LF X % INCH 5.5. CABLE WINCHES.
· (1) 4" - 21" MECHANICAL EPOXY WET OUT TABLE.
· (1) 24" - 48" MECHANICAL EPOXY WET OUT TABLE.
· (4) VACUUM SYSTEMS FOR FEL TIFIBERGLASS AND EPOXY WET OUT.
· 1500 S.F. CLIMATE CONTROLLED WET OUT FACILITY FOR CIPP LINING.
'. · (2) 185 CFM AIR COMPRESSOR.
· (4) 6" - 30" LATERAL REINSTATEMENT CUTTERS.
· (4) 1" X 500' AIR SUPPLY HOSE REELS.
· (1) 30' MOTORIZED CONVEYER TABLE FOR RESIN IMPREGNATION OF FELT OR
FIBERGLASS LINERS.
CCTV CAMERA EQUIPMENT
· (1) "YEAR 2005" SYSTEM WITH CLASS 1, DMSION 1, EXPLOSION PROOF CCTV
EQUIPMENT MANUFACTURED BY PEARPOINT, INC. 4" - 120" ROBOTIC
ARTICULATING CAMERAS. 2" COLOR PUSH SYSTEM.
· (1) "YEAR 2002" 24 FOOT BOX TRUCK WITH CLASS 1, DIVISION 1, EXPLOSION
PROOF CCTV EQUIPMENT MANUFACTURED BY PEARPOINT, INC. 4" - 120"
ROBOTIC ARTICULATING CAMERAS. 2" COLOR PUSH SYSTEM.
· (1) "YEAR 2000" 24 FOOT BOX TRUCK WITH CLASS 1, DIVISION 1, EXPLOSION
PROOF CCTV EQUIPMENT MANUFACTURED BY PEARPOINT, INC. 4" - 120"
ROBOTIC ARTICULATING CAMERAS. 2" COLOR PUSH SYSTEM. GROUTING
EQUIPMENT.
· (3) 2,000 LF CAMERA CABLE WITH AUTO SPOOL AND REWIND.
· (3) ROBOTIC SIX WHEELED CAMERA TRACTOR.
· (6) 360 DEGREE ARTICULATING COLOR CAMERA HEAD
· (2) STRAIGHT VIEW COLOR CAMERA (BACKUP CAMERA)
,..-.. (3) PEARPOINT FLEXIDATA SOFTWARE FOR CCTV REPORT DOCUMENTATION AND
COLOR LASER PRINTS OF LIVE VIDEO FOOTAGE
· (2) MINI CAMERA SYSTEMS 2" - 24" DIAMETER MANUFACTURED BY ARIES
INDUSTRIES, INC.
. ,...,... A.." DTII Co"T"t::A.. Dnn en cnn a.lul I I~"~I" '"~ I~'~'"
EQUIPMENT LISTING OWNED AND OPERATED BY J.T.V., INC.
.
CLEANING EQUIPMENT
· (1) "YEAR 2005" 47 FOOT, 12 CY DEBRIS TANK, 1,300 GALLON WATER TANK, 132
GPM @ 2,000 PSI THIS PUMP SYSTEM IS ADJUSTABLE FROM 65 - 125 GPM @
2,000 PSI, RATED AT CONTINUOS DUTY. MANUFACTURED BY VACTOR
MANUFACTURING.. INC. OF FLA.
· (1) "YEAR 2002" 47 FOOT, 12 CY DEBRIS TANK, 1,300 GAllON WATER TANK, 132
GPM @ 2,000 PSI THIS PUMP SYSTEM IS ADJUSTABLE FROM 65 - 125 GPM @
2,000 PSI, RATED AT CONTINUOS DUTY. MANUFACTURED BY VACTOR
MANUFACTURING., INC. OF FLA.
· (1) "YEAR 1992 w12oo0 PUMP AND BLOWER" 39 FOOT, 9 CY DEBRIS TANK, 1,000
GALLON WATER TANK, 80 GPM @ 2,000 PSI MANUFACTURED BY VAC-CON, INC.
OF FLA.
· (1) "YEAR 1999" EXTEND-A-JET EASEMENT CLEANING MACHINE.
· (1) "YEAR 1999" TUBERCULATION CUITlNG MACHINE. LUMBERJACK CHAIN
CUTTER SERIES, 4" - 48" DIAMETER. MANUFACTURED BY FLOW-TEK, INC.
· (1) "YEAR 2002" TUBERCULATION CUTTING MACHINE. INTRUDER SERIES IMPACT
CUTTER, 6" - 48" DIAMETER. MANUFACTURED BY FLOW-TEK, INC.
· (24) PREDATOR SERIES NOZZLES, 2 - 60 DEGREE. MANUFACTURED BY FLOW-TEK,
INC.
. · (2) DEVIL RAY SERIES NOZZLES. MANUFACTURED BY FLOW-TEK, INC.
OSHA SAFETY EQUIPMENT
· (6) CONFINED SPACE (4) GAS DETECTORS W120 FOOT LEEDS
· (6) CONFINED SPACE TRIPOD WITH FAlL ARREST AND MANUAL HOIST
· (6) CONFINED SPACE MANHOLE AIR BLOWERS
· (6) MANHOLE GUARD RAIL
· (30) EYE WASH CENTERS (1 IN EACH TRUCK AND POSTED THROUGHOUT THE
HEADQUARTERS).
· (1) FORCED AIR FILTRATION SYSTEM WHICH ACCOMIDATES UP TO SIX
RESPIRATORS AT A TIME.
BY~ASSPUMPSYSTEMS
· (1) 10" HERTZ PUMP VACUUM ASSISTED QUIET ZONE BY-PASS PUMP, 4,200 GPM.
· (1) 2" GORMAN RUPP TRASH PUMP, 1,000 GPM, 5 HP.
· (1) 4" WACKER TRASH PUMP. 3,200 GPM, 15 HP.
· (1) 4" HYDRAULIC MAC PUMP 4,000 GPM.
· (1) 6" HYDRAULIC MAC PUMP, 4,800 GPM.
· 3,000 lF OF 4" LAY FLAT BY-PASS HOSE.
· 4,000 LF OF 6" LAY FLAT BY-PASS HOSE
/'.. (24) FIRE HOSE RAMPS FOR TRAFFIC FLOW
.
.
EQUIPMENT LISTING OWNED AND OPERATED BY J.T.V., INC.
SUPPORT EQUIPMENT
· (1) "YEAR 1999" F-450 UTILITY TRUCK WITH 120 CFM AIR COMPRESSOR AND 3,500
LB LIFT CRANE.
· (2) "YEAR 2001" F-3S0 UTILITY TRUCK
· (1) "YEAR 2002" F-S50 FLAT BED
· (1) "YEAR 200S" F-S50 UTILITY TRUCK
TRAFFIC CONTROL
FLORIDA ASSOCIATION OF SAFETY COUNCILS' PROGRAM CERnFIED MAINTENANCE
OF TRAFFIC INTERMEDIATE LEVEL, FOOT COURSE NO. BT -G!HKI78.
· (1) 136 INCH FLASHING ARROW BOARD, TRAILER MOUNTED, SOLAR ARRAY OR
BATTERY POWERED. FOOT APPROVED
· (2S) ASSORTED 48" FOOT TRAFFIC CONTROL SIGNS
· (3S0) 48" FOOT TRAFFIC CONES
· (12) 10' STEEL SPEED RAMPS
· (12) 8' BARRICADES
INJECTION GROUTING EQUIPMENT
MANUFACTURERS CERTIFIED INSTALLER OF CHEMICAL GROUT SYSTEM.
EQUIPMENT MANUFACTURED BY BUCHEN S.I.S. (QUES INDUSTRIES, INC.
PURCHASED BUCHEN S.I.S.)
· (1) "YEAR 1998" 8" - 24" DIAMETER GROUT TRUCK WITH SOO LF QUAD HOSE,
PUMPS, CHEMICAL TANKS, COMPRESSOR AND COLOR CAMERA SYSTEM.
MANHOLE AND LIFT STATION REHABILITATION
MANUFACTURERS INSTALLER OF TERRY HILL CONCRETE, INC. FIBERGLASS AND
PVC LINING SYSTEMS.
· (1) 1.4 MIL BTU STEAM BOILER FOR MH LINING CURING.
· (1) MANHOLE VACUUM TESTING SYSTEM.
· (1) PORTABLE MANHOLE GROUTING SYSTEM MANUFACTURED BY
AVANTIINTERNATIONAL, INC.
PIPE BURSTING SYSTEM
· (1) 30 TON HYDRAULIC PULLER @ 7500 PSI (6" RAM)
· 5.5 HP HIGH PERFORMANCE HONDA HYDRAULIC POWER SUPPLY
· 3/4" CABLE 75'
· 2/4" CABLE 150'
· 6 SERIES ALLOY RESISTANCE PLATE 6 SERIES PULLEY BASE
· 4 - 6 INCH SPUmNG HEAD COMPLETE ASSEMBLY
r.. BUTT FUSION MACHINE
· 200' LONG 114" DIAMETER DUCT RODDER
.
CONDITIONS
1. Detailed Specifications, which are attached, describe the commodities or services to be
acquired by the Owner.
2. Bidders are required to bid their prices on this Schedule of Prices supplied by the
Owner. Bids will be deemed non-responsive if this Schedule of Prices is not used.
3. The Owner assumes no responsibility for bids received after the advertised bid opening
time or at any office or location other than that specified herein, whether due to mail
delays, courier mistakes, mishandling or any other reason.
4. To be considered for award, a bid must comply with all Specifications. No alternate bids
or deviations from specifications will be accepted unless requested in the Specifications
or Schedule of Prices. Such bids shall be deemed non-responsive.
5. Any checks and/or bonds required by the Specifications to be submitted with the bid
must reference as described in the instruction heading.
6. The Owner intends to award a firm, also referred to as Contractor, fixed-price contracts.
.
7.
Items indicated as emergency work shall require an on site response within 2 hours of
notification by Owner and continue until completed or deemed by Owner as -no longer
an emergency situation.
8. Non-emergency work shall commence within 30 days of notice and continue
diligently during business hours Monday through Friday until completed. Any down
time shall be noted.
9. The Contractor awarded the Work shall not employ a subcontractor without the
permission of the Owner.
1 O. Award of Work may be contingent on its completion by a certain date and would be
approved by both parties prior to scheduling of the Work.
11. Contractor's equipment shall meet or exceed Specifications.
12. Identify lengths of longitudinal cracks on report.
.
Pricing Form
- 114-
.
.
;
.
Evaluation Criteria for Rehabilitation of Sanitary Sewer Line
Section 3
Sectional Point Repairs
Section 4
Full Length Lining, Inversion Lining
Section 5
Full Length Lining, Pull in Place Fiberglass Lining
One 8" x 350 UF ofVCP sanitary sewer line to be rehabilitated"as follows in Section 3
Sectional Point Repairs.
Line will need root cutting, there will be 25 UF of ductile iron Tuberculation removal, 8" x
350 UF of Heavy Hydro cleaning and CCTV inspection, 8" x 650 UF of By-pass Pumping
will be needed, (1) Hammer tap removal, Smoke testing of this line, (1) 8" x 4mm x 10 L/F
(1) 8" x 4mm x 15 UF (1) 8" x 4mm x 30 UF Sectional Point Repairs (I) 6" Lateral
reinstatement with 18" lateral grouting.
Price to complete $12,780.00
One 8" x 350 UF ofVCP sanitary sewer line to be rehabilitated as follows in Section 5 Full
Length Liner.
Line will need root cutting, there will be 25 UF of ductile iron Tuberculation removal, 8" x
350 UF of Heavy Hydro cleaning and CCTV inspection, 8" x 650 UF of By-pass Pumping
will be needed,(l) hammer tap removal, Smoke testing ofthis line, (I) 8" x 350 UF full
length Pull in Place Fiberglass liner, (6) 6" lateral reinstatements with 18" lateral grouting,
(2) 48" x 10 VF. Manhole rehabilitations with removal of existing lining and grouting.
Price to complete $40,880.00
One 8" x 350 UF ofVCP sanitary sewer line to be rehabilitated as follows in Section 4
Full Length Liner.
Line will need root cutting, there will be 25 UP of ductile iron Tuberculation removal, 8"
x 350 UP of Heavy Hydro cleaning and CCTV inspection, 8" x 650 L/F of By-pass
Pumping will be needed, hammer tap removal, Smoke testing of this line, 8" x 350 UF
full length Inversion Felt Liner, (6) 6" lateral reinstatements with 18" lateral grouting, (2)
48lf x 10 VF. Manhole rehabilitations with removal of existing lining and grouting.
Price to complete $34,580.00
Total of three above $88,240.00
Pricing Form
- 1I5 -
J.T.V., INCORPORATED P.O. BOX 28397 ST. PETE., FL 33709 727-528-1998
.
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PROPOSAL SIGNATURE FORM
The undersigned attests to his (her, their) authority to submit this proposal and to bind the fIrm
herein named to perform as per agreement. If the firm is selected by the City the undersigned
certifies that helshe will in good faith establish an agreement to provide Sewer System Repairs
according to requirements of this Request for Bid
Submitted on FEBRUARY 8TH. 2005
By: J. T . v., IN<DRPORATED
(Corporation Name)
(State of Incorporation) FIDRIDA
B~\~'~-h.
(Name and title of person
authorized to sign~CE T. VELITSaIKCWSKI - PRESIDFNl'
(CORPORATE SEAL)
"
~~~
Attest, _ ~\ _ '. __- ,- ~
o te Secretary)
Business address: 6571 43RD ST. NO. SUITE 1708
PINELlJ\S PARK, FL 33781
Contact Person: JOYCE T. V'ELITSaIK<MSKI - PRESIDENl'
Phone Number: (727) 528-1998
Fax Number: (727) 528-9773
Proposal Signature Form
. - 116-
J. T. V., IN<X>RPoRATEo P.O. OOX 28397 ST. PETE., FL 33709 727-528-1 QQR
'.
-.
PARTID
SECTION 2
PUBLIC ENTITY CRIME FORM
~e
.
1.
.
4.
'.
SWORN STATEMENT PURSUANT TO SECfION 287.133(3)(a),
FLORIDA STATUTES, ON ENTITY CRIMES
This sworn statement is submitted to THE crl'Y OF GULF'l?ORI'
(print name of the public ~ntity)
by' JOYCE T. VELI'l'SCHK~ - PRESIPENl'
(print individUal's name and title)
for J. T . V., INCDRPORA'IED
(print name of entity submitting sworn statement)
whose business address is
6571 43RD STREE:l' NO. SUITE 1708 PINELJ:AC:; PARK, FL 33781
and (if applicable) its Federal Employer Identification Number (FEIN) is:
59-3076314
(If the entity has no FEIN, include the Social Security NUIIllx7 of the Individual
signing this sworn statement
2.
I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g),
Florida Statutes, means a violation of any state or federal law by a person with
respect to and directly related to the transaction of business with any public entity or with
an agency or political subdivision of any other state or of the United States, including. but
not limited to, any bid or contract for goods or services to be provided to any public entity
or an agency or political subdivision or any other state or of the United States and involving
antitrost, fraud, theft, bnbery,collusion, racketeering, conspiracy, or material
misrepresentation.
I understand. . that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b),
Florida Statutes. means a findiru?: of guilt or a conviction of a public entity crime,
With or Without an adjudication or guilt, in any federal or state trial court of record .
relating to charges brought by indictmeli: or infonnation after July 1, 1989, as a
result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
I understand that an "affiliate" as defined in Paragraph 287.133(IXa), Florida
Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control any natural person who is active in the management
of the entity and who has been convicted of a public entity crime. The 1erm affiliate"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in another
person or a pooling of equipment or income among persons when not for fair market
value under an ann's length agreement, shall be a prima fucie case that one person
controls another person. A person who knowingly enters into a joint venture with a
person who has been convicted of a public entity crime in Florida during the preceding 36
months shall be considered an affitil'lte.
3.
C. I understand that a "person" as defined in Paragraph 287.133(1Xe), Florida
J.T.V., INCORPORATED P.O. BOX 28397 ST. PETE., FL 33709 727-528-1998
.
Sta~ means any nabJral person or entity orp;mi7P.d under the laws of any state or of
the States with the legal power to enter into binding conIIaCt and which bids or
applies to bid on contracts for die provision of goods or services let by a public entity, or
which otherwise trans9cts or applies to transact business with a public entity. The term
"personfl includes those ofiicers, db:ecluIS, executives, partners, sbarehokbs, employees,
members, and agents who are active in management of an entity.
<L Based on infuuUidion and belief: the statement which I have marlced below is true
in relation to theenti1y submitting 1bis swom stlteoleIlt (JDdicate wbicb statement
applies.)
X Neither the entity submitting 1bis swom sIa~t, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active
in the management of the entity, nor any affiliAte of the emit;}' has been charged with
and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting 1bis swom sfaCco-ntt, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active
in the management of the entiqr, or an affiJiAtP. of the entity bas been charged with
and convicted of a public entity crime subsequent to July 1, 1989.
.
The entity submitting this sworn sfatement, or one or more of its officers, diredors,
executives, partners, shareholders, employees, members, or agents who are active in
the management of the entity, or an affiliate of the entity has been cbuged with and
convicted of a public entity crime subsequent to July 1, 1989. Ho~er, there has
been a subsequent ~ing before a Hearing Officer of the State of Florida,
Division of Adminisbative Hearings and the Final Order entered by the Hearing
Officer determined that it was not in the public interest to place the entity
submitting 1bis SWml statement on the OOI1victed vendor list (attach a copy of the
final order)
I UNDERSTAND1BAT1HE~ OF1Bti FORMlO'I1IE CONTRACl1NG<FFICERFOR
TIlE PUBLIC J'.N1DY1DEN'lD1D) IN PARAGRAPHl (ONE) ABOVE ~ FOR 1HATPUBUC EN'ITIY
ONLY AND. 1BAT HIS MlRMti VAUD 'I1IOROUGIIDECl'.MBER31 OF1BE CAU'lIDAR YEAR IN
WHIaI rr IS F1LED. I AIS) UNDERSTAND mAT lAM REQUIRED TO 1NFORM11IE PUBLIC
I!NIIIY PRIOR ro EN1'ERING INIO A c::uaRACf IN EX~ OF'IHE AMOUNI'
PROVIDED IN SECI10N 287.017, FLORJDA SfA1UI.1!S FOR OF OIANGE IN
1.1IE INFORMATION CONTAINm IN THIS FORM.
day of FEBRUARY . ~ 2005
~M;;4~ ~
N lie - tate of FIDRIDA
Sworn to an subscribed before Ire this 4TH
Personally known X
OR produced identification
e
M .. ~,,,,,.
y COIDIDISSl~ a~lJ~
(Type ofideoti:fication) . ~ ,\~.........!.NcS"
(Printed typed or stamped ~~notaryPubliC)
H:lIPR\MAST_DOC_Uniform Contract VoIl\SwornShDLOO PublicEntityCrimesFlorid4),p'!Ues287.l~W)(a} : * E (09/02103;
~~~ 100168341 iai
-"". .:s:!lI:
"\.;;..;.~ ~...-~..~~
~""~'.~~~~~.$'
~ ........,c. ~ '*"
:fl"", Ie, ST~\~,,\\'I1
'''''.''''''''
J.T.V.. INCORPORATED P.O. BOX 28397 ST. PETE. FL 33709 727-528-1998
.
CITY OF GULFPORT, FLORIDA
INSURANCE REQUIREMENTS CHECKLIST
FOR SEWER REPAIR PROJECT
BID # 2005-03
Items marked ..X" must be provided
General Liabilitv
X Commercial General Liability
Occurrence Form
$ 1.000.000
$
$ 1.000.000
$ 1.000.000
$
X Automobile Liabilitv
Owned, Hired &Non-Owned
$
500.000 Combined Single Limit Per
Occurrence
X
Workers COlDDensation
and Emplover's Liabilitv
$ 100.000
$ 100.000
$ 500.000
.
Professional Liability Errors
and Omissions
*Deductible: S
*Claims Made (Y IN)
*Occurrence (Y IN)
*Derense included
in Limits (YIN)
$
(*To be completed bv Bidder)
$
Builder's Riskllnstallation Floater
*Flood $ Limit
*Transportation $ Limit
*Storage $ Limit
City Must be a named insured. Copy of Policy will be Required.
Qth!2:
Minimum Limits Required
General Aggregate
Product/Completed Operations
Aggregate
Personal & Advertising lQjury
Each Occurrence
Statuton
Each Accident
Disease - Policy Limit
Disease - Each Employee
Aggregate
Each Claim
(*To be completed bv bidder)
$ 100010 of completed or
Installed Value, All Risk
$
$
X
The Certificate oflnsurance must show 'The City ofGulfport, elected officials and employees" as an
additional insured.
X
Certificates must give the City of Gulfport 30days' prior written notice of cancellation, non-renewal, or
adverse change.
-_/'
.
"
A completed copy of this form with original sil!tlature must acconioany bid
-J.T.V., INCORPORATED P.O. BOX 28397 ST. PETE. FL 33709 727 528-1998
;;,:......;I."".on
...~-
.:.:.:.:.:.:.:.:.:.;.:.:.)>>-x.:-.:-:.:->>:<<->>>>->>>:.<-'. .
DAlE (IUIIDDIYYJ ""
01 27 /05 j~~
THIS CER11FICATE IS ISSUED AS A MAlTER OF INFORMAnoN
ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE
HOLDER. THIS CERnFlCATE DOES NOT AliENO, EXTEND OR
ALTER 11IE COVERAGE AFFORDED BY 11IE POUCIES BELOW.
COMPANIES AFFORDING COVERAGE
PRODUCER
e
STAHL & ASSOCIATES
INSURANCE INC.
8200 SEMINOLE BLVD
SEMINOLE
FL 33772
COMPANY
A
NATIONAL TRUST INSURANCE CO
INSURED
JTV INC
COMPANY
B
FCC I INSURANCE CO
POBOX 28397
ST PETERSBURG
COMPANY
C
FL 33709
THIS IS TO CER11FY THAT THE POlICIES OF INSURANCE lISTED BElOW HAVE BEEN ISSUED 10 THE INSURED NAMED ABOVE FOR THE POlICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 1HIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXClUSIONS AND CONDI11ONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
co
LlR
TYPE OF IeURANCE
POUCY tIUIIIIIER
POLICY EA'ECI1VE POUCY I!XPIRAlION
DAlE (IIIMIIltYY) DAlE (IIIIIIlD/YY)
LIMn'S
GEIEIW.. UAIIILIrY CPPO 0 0 0 2 0 7 3
X COMMERCIAL GENERAl.. UABlUTY
CLAlMSUADEOOOCCUR
OWNER'S & CONTRACTOR'S PROT
GENERAl.. AGGREGATE s1, 000 , 000
~-COUP~p~GS1,000 000
PERSONAL & ADV INJURY s1, 000, 000
EACH OCCURRENCE s 1 , 000 000
ARE DAMAGE (Any _ 1ft) S 10 0 , 000
MB>EXP(Any_~) S 5,000
1,000,000
COMBlNB> SINGlE LIMIT S
AU1'OIIOBU IJA8IUn' CAO 0 0 02413
X
BODILY INJURY
(Per ~
s
HIRB> AlITOS
-' X NON-OWNB> AUTOS
BODILY INJURY
(Per accIdenI)
s
PROPERTY DAMAGE S
GARAGe LIA8UIY
ANY AlITO
AlITO ONLY - EA ACCIDENT S
OlHER 1HAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EACH OCCURRatCE
AGGREGATE
EXCESS LIA8UIY
UMBRB..LA FORM
O'nfER THAN UMBREU.A FORM
WORKERS COIIPEJISATION AND
EMPLOYERS' IJA8IUn'
llfE PROPAlE1ORI
PARTNERSIEXECUT1VE
OFFICERS ARE:
ODER
INCt.
EXCl
S
a D1SEASE-POUCY LIMIT S
a OISEASE-EA BlIPlOYEE S
DESCRIPTIOtI OF 0PERA11OIISII.OCATIOIIS/VEItICI. nEIIS
PROJECT: SEWER SYTEMS REPAIRS BID #2005-03
CERTIFICATE HOLDER AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY
Bm~.~~~v. .
... . ........,. ,. ,. . ~~~~. ~'l~~":'oi*,f,;'~'" . .
;, ".,~. : .' .:, ~.<, . re',' "'=,:~..&~*~f~~ ,= .
SHOULD AHY OF 'lItE ABOVE DESCRIIED POLICES BE CANCEUJ!D BEFORE llfE
.
CITY OF GULF PORT
ELECTED OFFICERS & EMPLOYEES
2401 53RD STREET S
GULF PORT FL 33707
I!XPIRAlION DATE nEIlEOF, 11tE IS8UING COMPANY WILL ENDEAVOR TO MAIL
.l.O.- DAYS WRn1EN NOnCE TO THE CEII1W'tCATE HOLDER NAIlED TO THE LEFT,
BUT FALURE TO IIIAL SUCH IIOTICE SHALL -.osE NO OBLIGATION OR LIAIIILITY
Jan.28. 2005_ 3:05PM
ACORD. CERTIFICATE OF LIABILITY INSURANCE
No.8688
caR 11
JTYIN-l 01 28/05
THIS CERl1fICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY MDl:ONA!RS NO RIGHTS uflOR TtE CERTIFICATE
HOLJ)ER. "fHIS c:ER11FICAlE OOES NOT AlIENO. EXl1!ND OR
ALlER THE COVERAGE N=FORDED BY THE PQUClE51J1iLOW.
PIlODlICEA
chard. - Sarasota
raerly CODDell , Herrig)
, 0 Clark ROila Suite 1
1ra.o~a FL 34233
Phone:941-922-0245 Fax:941-~23-4126
JIolSUIlEi'
INSURERS AFf'ORI)ItG COYEAAGE
MAle .
HKlUNC ~ QQIGM'f
J.T.V. Inco~rated
Joyce V.liteCbolto".Jti.
P. O. Box 283i1
St. P8t.~.~ r.L 33709
lNSlIfteflll:.
INSURER &:
INS\,llKR C:
IIISUAER 0:
ItSUtCER E:
COVERAGES
lltE 1"Ol~$ Of IIl8UIWlCE llST1!D IIELOW HA\II! REH ISSUED TO lIE IN$URFO NAMED AIJO\IE FOR THE roucv I'ERIOU 1NOlCA1ED. NC)'IWlll4$TANIlING
Nfl flE:QURMENT. TIiRM OR CCNOI11ON or,."., CONTMCT Oft OTHERDOC;UIotF.NTwmlRCSPECTTOWttICH TttSCBu...tCATf:MAY BE lSSUFO OR
MAY PERTAIIl. mE lNSURIlMCE N'fORDeD lIY lHE POl.lClFS DESCRlIJ[D IlfJlEIN IS SUIIJECT TO o'U THE TERMS. EXClUSlON& AND c;oNOlTlOHs Of SUCH
PClUCES. ~1" lMT& &MOWN MAY HAVE lICDI REDUCED BY MID CUUMS.
TYPE OF MUlIANCf.
GENERAL I.IMIUTY
COliM::RCW. GENERJollWlI IlY
Cl AUll w.oc 0 OCCUR
l"ClLICW' _
~
EACli ocCURRENCE I
PASllSES(I;'~--). ·
~ EX!' (..,..........-0) S
PEASONAL&NJ\IIRJURY S
GalEMLACCMf:G/f.1E .
PROOUCTS - C()UPIOP AGG S
LOC
C(lMBINEO SIHGlE LMT
(b -"'-"l
S
AU. OWM:D AUTOS
SCt1l:OUlED mTOS
HIRED AlfTOS
NCWf-OWNfD AUTOS
800llY lNJUl\Y
(Pet pereon)
s
BOOI.V INJURY
(Pc<--I
s
PROPF.lnY lWAI'Gl!
(.... MCid4InIl
s
CilAIUlGE LWIILIlY
,.".,AUTO
AUTO ONLY. CI\ ACCllIENT S
OMR 1lWI
AUl0 ONly:
EAACC S
/tOO .
ElIa!aANIIltRLA l.WIlLt1'Y
OCCUR 0 CU\IIilS aw>E
EACH (ICCUIlRDlCl! S
M'.GREGATE S
.
S
S
OFIlUCT\OlE
RETEHTIOH S
WOflKERS c:oMl'INIA'ftON AND
EJIPLOYERI" L.NII.Jn'
A AN'(~IuM'Aft~ WC2018991QO
OffICEMlEM(lF.R liXCLuom?
~~....
cmtER
03/24/04
03/24/05 .500,000
F,L.OlSCASE-eAEMPLOYE '50~!000
E.L 0lSEASE -l'OLlCYLIMIT '500 000
DEERIP1lON OF 0I'ERA11ONS ILOCAnoHS/\IEHlCUl5/UCl.11l1DG ADOED BY I:IIOW:l ::IlIEMT , Sf'EQM.1'RO\IlIIOQ
~f: Sewer By.tea RGpairs Job '2005-03 Fax 1727-528-9773
Ci ty of Gul.fport
Elected Officials , Employees
2401 53rcl St S
Gulfport FL 33107
CANCEllATION
CI'fY090 IItOULDMV OF '''UIICMl CIQCIIelll5ft POUCEIIIE CMCfI.lfD BEFORE THE DPlM
DATI> 11E1IEOF. TMI!"'-; lIllIURER WLL EMIl!AVOR TO IIIlL ~ M"-.n1!N
NOTICE TO 11tf CIER11f1CATEIIOUlIiR IWED TO 1MIlEFT. BUT ~M.URE TO DO 110 IttAlL
....otE NO ClILIlM'nONOR UQlJJYOF/IIIf'( IlIIlD lB'OIl ntE"~ ITS dGNT$ OR
IlIPflQIlII TMiS.
o ACORD CORPORATION 1988
CER11FICATE HOLDER
ACORD 2S (2001*)
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CITY OF GULFPORT. FLORIDA
REFERENCE INFORMATION
FOR SEWER REPAIR PROJECT
BID #2005-03
Organization MANATEE <XX1NTY <nvERNMENr
Contact Person MR. ROBERT LYOOS - SUPERVISOR OF PUBLIC WORKS OEPT.
Address 4422 66TH STREET WEST BLDG A
City BRADENl'<::N State FL Zip 34210
Phone Number (941-"- ) 795-3411
Project Cost $900,000. 00 Date Performed 2004
Organization THE CITY OF 'ffiFASURE ISLAND
Contact Person MR. fXl\l HAMBIOGE - PUBLIC. WORKS D~
Address 120 108m AVENJE
City TREASURE ISLAND State FL Zip 33706
PhoneNumber( 727 )547-4575
Project Cost $600,000.00 Date Perfonned 2004
Organization CITY OF INDIAN ROCKs BEACH
Contact Person MR. DEAN SCHARMm - PUBLIC WORKs D~R
Address 1507 BAY PArM BLVD.
City INDIAN ROCKS BEArn State FL Zip 34635
Phone Number (727 ) 595-6889
Project Cost $250,000.00 Date Performed 2004
Organization CITY OF SOOTH PASADmA
Contact Person MR. GARY ANDERSOO
Address 7.047 SUNSET DR. so.
City SOOTH PASADENA State FL Zip 33707
Phone Number (727 ) 384-0701
Project Cost $200,0.00. 00 Date Performed 20.04
Rep_tiVeT~JOYCE T~~CMSKI -.T
Representative's Signature ", " ~~ ~ f\}..A
Finn J. T. V. ,
J.T.V., INmRPORATEO P.O. OOX 28397 ST. PEl'E., FL 33709 727-528-1:998
.
.
.
EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION
POUCY STATEMENT
J.T.V., INCORPORATED shall assure to each applicant or employee equal opportunity
in all employment practices, including recruitment, examination, appointment, training,
promotion, demotion, merit, retention, discipline, and termination, without regard to the
individual's race, color, sex, sexual orientation, religion, national origin, age, disability
or material status, except as provided by law.
J.T.V., INCORPORATED shall assure equal employment opportunity to disabled
applicants or employees, who with reasonable acconmodation can perfonn
satisfactorily the essential functions of the job in question.
J. T .V., INCORPORATED shall implement and strive to achieve the goals established
by the Affirmative Action Program/Plan by good faith efforts to reach its objective of
equal employment opportunity.
Under federal regulations, sexual harassment is a prohibited practice that violates the
sex discrimination provisions of Title VII of the Civil Rights Acts of 1964. J.T.V., Inc.
charges each and every manager and supervisor with the responsibility of taking
preventative steps to ensure that the workplace is free of sexually threatening,
inappropriate or inhibiting conduct, which would infringe upon an employee's individual
rights.
Any applicant or employee who believes that he or she has been harassed or
discriminated against in any manner as described above may file a complaint within the
following number of days of the alleged action with anyone of the following:
(180 days)
J.T.V.. INCORPORATED
Equal Opportunity Officer
P.O. Box 28397 St. Petersburg, Fl33709
(727)528-1998
Equal Employment Opportunity Commission
(180 days; 300 if another human relations agency contacted first)
Tampa Area Office
Timberlake Federal Building Annex
501 East Polk Street, Suite 1020
Tampa, Florida 32302
(813)228-2310
Miami District Office
One Biscayne Tower, Suite 2700
2 South Biscayne Blvd.
Miami, Florida 33131
(305)530-6050
ErJ6-3
~~
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City Council
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Tracking Number: 1,453
Actual Date: 08/04/2005
Subject / Recommendation:
Approve the Agreement between the Florida Department of Environmental Protection and the
City of Clearwater for funding in the amount of $50,000 for the design and construction of an
observation tower at Cooper's Point and authorize the appropriate officials to execute same.
Summary:
In 1997, the City of Clearwater, in cooperation with the Southwest Florida Water Management
District and the Florida Department of Environmental Protection and with the approval of Pinellas
County, developed a management plan for habitat restoration and enhancement of Cooper's
Point. The plan included such features as boardwalks, educational displays and interpretive
centers; however, the initial phase and funding was limited to exotic and nuisance vegetation
removal, re-grading areas of the site to elevations proper for the establishment and
maintenance of open water and marsh habitats and re-establishment of tidally restricted water
features to increase and improve water circulation and quality. The initial phase has been
completed as well as the timber bridges over the two tidal cuts that allow access to the northerly
point.
The City of Clearwater requested and has been awarded $50,000.00 for partial funding through
the Florida Department Environmental Protection Coastal Zone Management Program for the
construction of the observation tower. The agreement requires a 50:50 match with the City of
Clearwater.
The overlook tower will be located on uplands at the north end of the peninsula providing a
bird's eye view of old Tampa Bay. It will be constructed primarily of wood, approximately fifty
feet high, four stories tall. It should be noted that 46 different species of birds have been sited
at Cooper's Point and that two bobcats were recently sited by contract maintenance personnel.
Currently the upland and trails are mowed quarterly and the site is monitored monthly and
limited maintenance is performed monthly to control any nuisance and invasive vegetation.
A third quarter amendment will establish the budget for FDEP funding (334350) for the design
and construction of an observation tower at Cooper's Point in Capital Improvement Program
(CIP) project 0315-961XX, Cooper's Point.
An additional third quarter amendment will transfer $50,000 0
f Stormwater Utility (388419) revenue from CIP project 0315-96120, Alligator Creek Project
Design, to 0315-961XX, Cooper's Point.
A copy of the Agreement is available for review in the Official Records and Legislative Services
Office.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
~~
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City Council
_,.,"~Jlen~a",,~pver Me"!or!!,!!,.~~I:!!!!._"..."
Type: Capital Expenditure
Budget Adjustment:
Yes
Budget Adjustment Comments:
See summary section.
Review Approval
Michael Quillen
Bryan Ruff
07-11-2005 14:59:05
07-21-2005 14:20:05
07-13-2005 14:39:56
07-20-2005 14:57:10
07-15-2005 09: 19:25
07-20-2005 17:25:55
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bill Horne
~
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DEP AGREEMENT NO. CZ611
JUN 2 J ,."
':l~'JJ
STATE OF FLORIDA CITY OF
COASTAL ZONE MANAGEMENT PROGRAM GRANT AG RKf~~~U~R
PURSUANT TO THE RATIOfY
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000 (hereinafter referred to as the "Department" or "DEP") and the CITY OF CLEARWATER, whose
address is Post Office Box 4748, Clearwater, Florida 33758 (hereinafter referred to as "Grantee" or "Recipient"), a
local government, to provide federal funding for COOPER'S POINT.
WHEREAS, the Department is the recipient offederal [mancial assistance from the National Oceanic and
Atmospheric Administration (NOAA), awarded on July 1, 2005, pursuant to cooperative annual award
#NA05NOS419J074 and, as the result of this Agreement the Grantee has been detennined to be a subrecipient of
federal [mancial assistance from the National Oceanic and Atmospheric Administration; and,
WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in the
performance of its activities pursuant to this Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived here from, the
Department and the Grantee do hereby agree as follows:
1. TERMS OF AGREEMENT
A. The Grantee does hereby agree to perform in accordance with the tenns and conditions set forth in this
Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein, which
are attached hereto and incorporated by reference. For purposes of this Agreement, the tenns "Contract"
and "Agreement" and the tenns "Grantee", "Recipient" and "Contractor" are used interchangeably.
B. The Grantee shall comply with all applicable federal, state and local rules and regulations in perfonning
under this Agreement. The Grantee acknowledges that this requirement includes compliance with all
applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to
include this provision in all subcontracts issued as a result of this Agreement.
C. The State of Florida's perfonnance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature and receipt of funding from NOAA. The parties hereto
understand that this Agreement is not a commitment of future appropriations.
D. The Grantee acknowledges that receipt of this grant does not imply that the project qualifies for any
applicable state permit or approval.
2. PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and end no later than September 30, 2006,
inclusive. No work may commence and no funds may be expended on Section 306A projects until the Florida
Coastal Management Program (FCMP) and NOAA has approved the Section 306A checklist. Projects funded
with Section 306A funds must comply with Section 306A of the Coastal Zone Management Act, which may be
accessed at http://www.ocrm.nos.noaa.gov/czm/czm act.html#anchor206619
3 . FUNDING/CONSIDERATION
A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the
Department shall pay the Grantee on a cost reimbursement basis an amount not to exceed $50,000
toward the total project cost described in Attachment A.
DEP Agreement No. CZ611, Page 1 of 10
DEP 55-236 (04/05)
r
B. Only project costs incurred on or after July 1,2005 and on or prior to September 30, 2006, as shown by
project invoices, are eligible for reimbursement. In order to be reimbursed, costs under this Agreement
must be obligated and all work completed by the Grantee by the end of the grant award period
established in paragraph 2. Ten percent (10%) of the funds eligible for reimbursement under this
Agreement may be withheld pending receipt and approval of all work products and deliverables as
identified in Attachment A.
C. The parties hereto understand and agree that this Agreement requires a cost sharing or match on the part
of the Grantee in the amount of $50,000 in cash, in-kind, or third party in-kind, towards the work funded
under this Agreement. All cost sharing/match shall meet the federal requirements established in 48 CFR
Part 31,15 CFR 14.23,15 CFR 24.24 and OMB Circulars A-87, A-122 and A-21, as applicable.
D. Allowable costs will be determined in accordance with the cost principles applicable to the organization
incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by
reference.
Organization Type Applicable Cost Principles
State, local or Indian tribal government. OMB Circular A-87
Private non-profit organization other than an (1) OMB Circular A-122
institution of higher education, (2) hospital, or (3)
organization named in OMB Circular A-122 as not
subject to that circular.
Education Institutions OMB Circular A-21
For profit organization other than a hospital and an 48 CFR Part 31
organization named in OMB Circular A-122 as not
subject to that circular
4. REPORTS
A. The Grantee shall submit a quarterly Progress Report Form, attached hereto and made a part hereof as
Attachment B. Quarterly reports shall be submitted electronically to the Department's Grant Manager
no later than twenty (20) days following the completion of the quarterly reporting period. The term
"quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December
31. In addition to the fmal quarterly progress report, the Grantee shall submit a fmal project report. The
final project report shall also contain the following sections: Executive Summary, Methodology,
Outcome and Further Recommendations. The fmal project report must comply with the publication
requirements as stated in Paragraph 22 of this Agreement. After approval by the Florida Coastal
Management Program, five (5) hard copies shall be submitted to the Department's Grant Manager no
later than twenty (20) days after the Agreement termination date. Final payment will be held until receipt
and approval ofthe Final Project Report.
B. The Grantee shall submit quarterly a Payment Request Form (Attachment C), in conjunction with the
Progress Report Form. Failure to comply with these reporting requirements will result in non-payment or
termination. To be eligible for reimbursement, costs must be in accordance with the requirements of 15
CFR Parts 14 and 24, as applicable
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt
and acceptance of a properly completed Attachment C, Payment Request Form. In addition to the
Payment Request Form, the Grantee must provide a Schedule of Expenditures, Schedule of Match and
copies of invoices. The Schedule of Expenditures shall include, the invoice number, a description of the
goods or services purchased, date of the transaction, amount paid, check number and vendor name. All
requests for reimbursement of travel expenses shall be in accordance with Section 112.061, Florida
Statutes.
D. In addition to the invoicing requirements contained in paragraphs 4.A, B. and C, the Department will
periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness
of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines),
DEP Agreement No. CZ611, Page 2 of 10
DEP 55-236 (04/05)
as appropriate. This information, when requested, must be provided within 30 calendar days of such
request. The Grantee may also be required to submit a cost allocation plan to the Department in support
of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-
audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services'
Reference Guide for State Expenditures at www.dbf.state.fl.us/aadir/reference guide and allowable costs
for Federal Programs can be found under 48 CFR Part 31 at http://www.access.gpo.gov/nara/cfr/cfr-
table-search.html and OMB Circulars A-87, A-122, A-21, at
http://www . whitehouse. gov / omb/ circulars/index.html#numerical.
5. INDEMNIFICA TION/LIMITS OF LIABILITY
Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees
and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign
immunity or the provisions of Section 768.28, Florida Statutes.
6. DEFAULT/TERMINATION
A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to
fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide
thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an
opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement if the work described herein has not commenced within
60 days of the date of execution of this Agreement. Prior to termination, the Department shall provide
thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an
opportunity to consult with the Department regarding the reason(s) for termination.
C. The parties hereto may agree to terminate this Agreement for convenience as evidenced by written
amendment of this Agreement. The amendment shall establish the effective date of the termination and
the procedures for proper closeout of the Agreement.
D. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30)
calendar days written notice.
E. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow
public access to all documents, papers, letters, or other material made or received by the Grantee in
conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the
State Constitution and Section 119.07(1), Florida Statutes.
F. The Department of Environmental Protection will decline reimbursement to Grantee for services
provided under the terms of this Agreement if Grantee does not submit payment requests and quarterly
reports in accordance with the provisions of section 4. Payment requests and quarterly reports received
by the Department after the 20th day following the completion of any quarterly reporting period will be
considered late-filed and render Grantee in default under the terms of this Agreement.
G. Notice shall be sufficient if delivered personally or by certified mail to the address set forth below. Any
and all notices shall be delivered to the parties at the following addresses:
The Grantee's contact for delivery of notices:
Heather Faessler
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33758
DEP Agreement No. CZ61l, Page 3 of 10
DEP 55-236 (04/05)
The Department's contact for delivery of notices:
Domecia Allen, Grants Specialist V
Department of Environmental Protection
Florida Coastal Management Program
3900 Commonwealth Boulevard, Mail Station #47
Tallahassee, Florida 32399-3000
7. REMEDIES
If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any
Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or
more of the following actions, as appropriate for the circumstances.
A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of
the activity or action not in compliance.
C. Wholly or partly suspend or terminate this Agreement.
D. Withhold further awards for the project or program.
E. Take other remedies that may be legally available.
F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after
termination of the Agreement are not allowable unless the Department expressly authorizes them in the
notice of suspension or termination. Other Grantee costs during suspension or after termination, which
are necessary and not reasonably avoidable, are allowable ifboth of the following apply:
1. The costs result from obligations which were properly incurred by the recipient before the effective
date of suspension or termination, are not in anticipation of it, and in the case of termination, are
non-cancelable; and
2. The cost would be allowable if the Agreement were not suspended or expired normally at the end of
the funding period in which the termination takes place.
G. The remedies identified above do not preclude the Grantee from being subject to debarment and
suspension under Executive Orders 12549 and 12689.
8. RECORD KEEPING/AUDIT
A. The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. NOAA,
the Department, the State of Florida, or their authorized representatives shall have access to such records
for audit purposes during the term of this Agreement and for five years following Agreement completion.
In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain
and allow access to such records for audit purposes.
B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record
retention period established above, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved and fmal action taken.
C. Records for real property and equipment acquired with Federal funds shall be retained for five years
following fmal disposition.
DEP Agreement No. CZ611, Page 4 of 10
DEP 55-236 (04/05)
9. SPECIAL AUDIT REQUIREMENTS
A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable
provisions contained in Attachment D (Special Audit Requirements), attached hereto and incorporated
herein by reference. Exhibit 1 to Attachment D summarizes the funding sources supporting the
Agreement for pwposes of assisting the Grantee in complying with the requirements of Attachment D.
A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a
funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall
notify the Department's Grant Manager to request a copy of the updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further
apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the
type offmancial assistance (federal and/or state) identified in Attachment D, Exhibit 1 when making its
determination. For federal fmancial assistance, the Grantee shall utilize the guidance provided under
OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents
that of a subrecipient or vendor. For state fmancial assistance, the Grantee shall utilize the form entitled
"Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number
FSAA_CL2) that can be found under the "Links/Forms" section appearing at the following website:
http://www.fsaa.state.fl.us/. The Grantee should confer with its chief fmancial officer, audit director or
contact the Department for assistance with questions pertaining to the applicability of these requirements.
10. SUBCONTRACTS
A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager. The Grantee agrees to comply with the procurement requirements
contained in 15 CFR 24 and 15 CFR 14.44, as applicable. The Grantee agrees to be responsible for the
fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment
of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department
shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and
that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under
the subcontract.
B. The Department of Environmental Protection supports diversity in its procurement program and requests
that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The
award of subcontracts should reflect the full diversity of the citizens of the State of Florida. Upon
request, the Department will furnish a list of minority owned businesses for consideration in
subcontracting opportunities.
11. LOBBYING PROHIBITION
A. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
12. CONTACTS
A. The Department's Grant Manager (who may also be referred to as the Department's Project Manager) for
this Agreement is identified below.
Domecia Allen, Grants Specialist V
Department of Environmental Protection
Florida Coastal Management Program
3900 Commonwealth Boulevard, Mail Station #47
Tallahassee, Florida 32399-3000
Telephone No.: (850)245-2161
SunCom No.: 205-2161
Fax No.: (850)245-2191
SunCom Fax No.: 205-2191
E-mail Address:Domecia.Allen@dep.state.fl.us
DEP Agreement No. CZ611, Page 5 of 10
DEP 55-236 (04/05)
B. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager or Point
of Contact) for this Agreement is identified below.
Heather Faessler
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33758
Telephone No.: (727) 562-4897
Fax No.: (727) 562-4755
E-mail Address:Heather.Faessler@myclearwater.com
C. The Grantee's Fiscal Agent for this Agreement is identified below.
Heather Faessler
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33758
Telephone No.: (727) 562-4897
Fax No.: (727) 562-4755
E-mail Address:Heather.Faessler@myclearwater.com
13. INSURANCE
A. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of the Grantee's employees
connected with the work of this project and, in case any work is subcontracted, the Grantee shall require
the sub-contractor similarly to provide Workers' Compensation Insurance for all of the latter's employees
unless such employees are covered by the protection afforded by the Grantee. Such self-insurance
program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case
any class of employees engaged in hazardous work under this Agreement is not protected under Workers'
Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of the Grantee's employees not otherwise
protected.
B. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and
allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's
officers, employees, servants and agents while acting within the scope of their employment with the
Grantee.
14. CONFLICT OF INTEREST
The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in
any manner or degree with the performance of services required.
15. EQUIPMENT
The purchase of non-expendable equipment costing $1,000 or more is not authorized under the tenns of this
Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. CZ611, Page 6 of 10
DEP 55-236 (04/05)
16. CHANGE ORDERS
The Department may at any time, by written order designated to be a change order, make any change in the
work within the general scope of this Agreement (e.g., specifications, timeline within current authorized
agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the
mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or
decrease in the Grantee's cost or time shall require formal amendment to this Agreement.
17. QUALITY ASSURANCE [Not Applicable]
If the Grantee's project involves environmentally related measurements or data generation, the Grantee shall
develop and implement quality assurance practices consisting of policies, procedures, specifications,
standards, and documentation sufficient to produce data of quality adequate to meet project objectives and to
minimize loss of data due to out-of-control conditions or malfunctions. All sampling and analyses performed
under this Agreement must conform with the requirements set forth in Chapter 62-160, Florida Administrative
Code, and the Quality Assurance Requirements for Department Agreements, attached hereto and made a part
hereof as Attachment G, Quality Assurance Requirements.
18. DISCRIMINATION
A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded
from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination
in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor,
or consultant under contract with any public entity, and may not transact business with any public entity.
The Florida Department of Management Services is responsible for maintaining the discriminatory
vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list
may be directed to the Florida Department of Management Services, Office of Supplier Diversity at
850/487-0915.
C. The Grantee agrees to comply with the provisions of 15 CFR Part 8 "Nondiscrimination in Federally
Assisted Programs." No person, on the grounds of race, creed, color, national origin, age, sex or
disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise
subjected to discrimination in the performance of this Agreement.
19. DEBARMENT/SUSPENSION
A. In accordance with Executive Order 12549, Debarment and Suspension (15 CFR 26), the Grantee shall
agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier
contract, or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction, unless authorized in writing by NOAA to the Department.
20. COPYRIGHT, PATENT AND TRADEMARK
Department of Commerce, National Oceanic' and Atmospheric Administration (NOAA) and the Department
reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to
authorize others to use, for federal government purposes:
A. The copyright in any work developed under a grant or contract under a grant.
B. Any rights of copyright to which a grantee or a contractor purchases ownership with grant support.
C. All patent rights, copyrights and data rights must be in accordance with 15 CFR 14.36 and 15 CFR
24.34, as applicable.
DEP Agreement No. CZ611, Page 7 of 10
DEP 55-236 (04/05)
21. RESEARCH MISCONDUCT
Scientific or research misconduct refers to the fabrication, falsification, or plagiarism in proposing,
performing, or reviewing research, or in reporting research results. It does not include honest errors or
differences of opinion. The recipient organization has the primary responsibility to investigate allegations and
provide reports to the Federal Government. Funds expended on an activity that is determined to be invalid or
unreliable because of scientific misconduct may result in a disallowance of costs for which the institution may
be liable for repayment to the awarding agency. The Office of Science and Technology Policy at the White
House published in the Federal Register on December 6, 2000, a fmal policy that addressed research
misconduct. The policy was developed by the National Science and Technology Council (65 FR 76260). The
U.S. Department of Commerce may accept the recipient's fmdings or proceed with its own investigation. The
Grants Officer shall inform the recipient of the U.S. Department of Commerce's fmal determination.
22. PUBLICA nONS/AUDIOVISUALS/SIGNS
Before publishing or printing a fmal draft of any publication pertaining to this Agreement, such draft shall be
sent to the Florida Coastal Management Program for review and approval. This does not apply to the required
quarterly reports referred to in paragraph 4 of this Agreement.
A. Publications, printed reports (other than the required performance, fmancial reports or publications as
identified in paragraph 22.8. below), videos, websites or other materials must include the NOAA logo
(logos can be found at the FCMP web site at: http://www.dep.state.fl.us/cmp/grants/logos/index.htm or
contact the FCMP to get a copy) and the following statement on the cover offrrst page:
"This (report/video/web site/publication) funded in part, through a grant agreement from the Flor~da
Department of Environmental Protection, Florida Coastal Management Program, by a grant provided by
the Office Of Ocean and Coastal Resource Management under the Coastal Zone Management Act of
1972, as amended, National Oceanic and Atmospheric Administration Award No. NA 05NOS419 10 74.
The views, statements, fmdings, conclusions and recommendations expressed herein are those of the
author(s) and do not necessarily reflect the views of the State of Florida, NOAA or any of its
subagencies."
The next printed line shall identify the month and year of the publication.
B. Publication of the results of research projects in appropriate professional journals is encouraged as an
important method of recording and reporting scientific information. The recipient is required to submit a
copy to the funding agency when releasing information related to a funded project, which includes a
statement that the project or effort undertaken was or is sponsored by the U.S. Department of Commerce.
The recipient is also responsible for assuring that every publication of material (including internet sites)
based on or developed under an award, except scientific articles or papers appearing in scientific,
technical or professional journals, contains the statement shown in paragraph A. above.
C. Audiovisuals: Recipients must acknowledge NOAA support on any audiovisual (e.g., website, video,
slides, etc.) which is produced with fmancial assistance. Unless required under special terms of this
Agreement, this requirement does not apply to audiovisuals produced as research instruments or for
documenting experimentation or findings and which are not intended for presentation to the general
public. The acknowledgment must not represent or suggest in any way that the views expressed are those
of the National Oceanic and Atmospheric Administration and must include the statement shown in
paragraph A. above.
If the nature of the audiovisual is such that it is not intended for presentation to the general public, the
following statement, or its equivalent, must be included in the work:
"The National Oceanic and Atmospheric Administration has not approved this (e.g., video, slides,
websites, publications, etc.) for presentation to the general public."
The Recipient must receive approval from the FCMP and NOAA before beginning production and
distribution of any audiovisual (e.g., video, slides, etc.) funded under this Agreement. Please schedule at
DEP Agreement No. CZ611, Page 8 of 10
DEP 55-236 (04/05)
least thirty days for this approval. The Recipient must also provide the FCMP with shooting scripts and
provide two (2) copies of the audiovisual (e.g., video, slides, etc.) upon completion.
D. Sign Requirements for Construction Projects: The Recipient shall erect a sign at the site of any
construction project, maintain it during construction and the sign must remain at the site permanently.
This requirement shall survive the completion date of the Agreement as established in paragraph 2. The
sign must be at least 2' x 3' in size and include the language shown below, and the NOAA, DEP and
FCMP logos. Logos can be found at the FCMP web site at:
http://www.dep.state.fl.us/cmp/grants/logos/index.htm. Sign colors should complement the surrounding
area. The following language is recommended:
"Funding for this project was provided in part, through a grant agreement from the Florida Department of
Environmental Protection, Florida Coastal Management Program, by a grant provided by the Office Of
Ocean and Coastal Resource Management under the Coastal Zone Management Act of 1972, as
amended, National Oceanic and Atmospheric Administration, U. S. Department of Commerce.
The next printed line shall identify the completion month and year of the project.
23. STATEMENT OF NOAA AND FCMP FUNDING PERCENTAGE AND DOLLAR AMOUNT
When issuing statements, press releases, requests for proposals, bid solicitations, and other documents
describing projects or programs funded in whole or in part with FCMP funds, all Recipients receiving FCMP
funds shall clearly state:
A. The percentage of the total cost ofthe program or project that is financed with FCMP funds; and,
B. The dollar amount of FCMP funds to be expended on the project or program.
For example: " % of the total cost of this project is financed with funds through a grant
from the Florida Coastal Management Program, Florida Department of Environmental Protection,
and from the National Oceanic and Atmospheric Administration in the amount of $
24. CONTRACT PROVISIONS
The Grantee agrees to comply with, and include as appropriate in contracts and sub grants, the provisions
contained in Attachment I, Contract Provisions, attached hereto and made a part hereof. In addition, the
Grantee acknowledges that the applicable regulations listed in Attachment J, Regulations, attached hereto
and made a part hereof, shall apply to this Agreement.
25. LAND ACQUISITION
Land acquisition is not authorized under the terms of this Agreement.
26. ENTIRE AGREEMENT
This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to
writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. CZ611, Page 9 of 10
DEP 55-236 (04/05)
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
CITY OF CLEARWATER
By:
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Sally 8. Mann, Director
Intergovernmental Programs
William B. Home II
City Manager
Date:
Date:
Attest:
Cynthia E. Goudeau
City Clerk
Domecia Allen
DEP Grant Manager
Countersigned:
Approved as to form and legality:
-"'A~ 1~
Frank Hibbard
Mayor-Councilmember
DEP Program Attorney
Approved as to form and legality:
Lesile Dougall-Sides
Assistant City Attorney
FEID No.: 59-6000289
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the
governmental board/commission must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Letter/
Number
-A
-1L
~
-1L
.JL
l
-.il
--H
-L
---L
Description (include number of pages)
Proiect Work Plan (5 Pages)
Progress Report Form (2 Pages)
Payment ReQuest Form (3 Pages)
Special Audit Requirements (5 Pages)
Disclosure of Lobbving Activities (2 Pages) attach only if applicable
Property Reporting Form (1 Page) if aPDlicable attach only if applicable
Quality Assurance ReQuirements (14 Pages) attach only if applicable
Certification Regarding Debarment/Suspension (2 Pages) attach if applicable
Contract Provisions ( 4 Pages)
Regulations (1 Page)
DEP Agreement No. CZ611, Page 10 of 10
DEP 55-236 (04/05)
IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed, the day
and year last written below.
GRANTEE NAME
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank Hibbard
Mayor -Councilmem ber
William B. Horne, II
City Manager
Approved as to form:
Attest:
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
DEP Agreement No.CZ611, Page 10a of 10
DEP 55-236 (04/05)
ATTACHMENT A
PROJECT WORK PLAN
FY05-06
DEP Agreement # CZ611
Proiect Title: Cooper's Point
Recipient
Organization Name: City of Clearwater
Chief Elected Official or Agency Head: Frank V. Hibbard
Title: Mayor
Address: P. O. Box 4748, Clearwater Florida
Zip Code: 33761
Area Code and Telephone Number: (727) 562-4050
Area Code and Facsimile Machine Telephone Number: (727) 562-4052
E-Mail Address: N/A
Proiect Manae:er
Organization Name: City of Clearwater
Name: Heather Faessler, Environmental Specialist
Address: P.O. Box 4748
Zip Code: 33758
Area Code and Telephone Number: (727) 562-4897
Area Code and Facsimile Machine Telephone Number: (727) 562-4755
E-Mail Address:Heather.Faessler@mvclearwater.com
Mailing Address for Warrant (if other than the Recipient address):
County in which project is located: Pinellas
Project is Statewide:
DEP Agreement No. CZ611, Attachment A, Page 1 of5
DEP 55-236 (04/05)
Scope of Work Information
Abstract Description: Briefly but completely describe the problem to be addressed and the project solution to
the problem. Please limit to one page.
The City of Clearwater's Cooper's Point is a 75-acre preserve of uplands and wetlands located along Old Tampa
Bay. The preserve includes unique habitats, including pine flatwoods, mangrove swamps, a high-energy beach and a
live oak hammock. These habitats support avian indigenous species and shorebird nesting and foraging areas; the
mangrove system serves as a critical nursery for numerous fish species. The Army Corps of Engineers permitted the
Cooper's Point Project in 1998; however, the mulch trails and bird observation tower were never constructed, and
thus, the City of Clearwater has requested FCMP funds to construct these features, as well as to conduct a detailed
wildlife survey and to install educational and interpretive signage. The creation of the trail access and observation
tower will increase environmental awareness and stewardship in concert with existing education programs at
Cooper's Point.
DEP Agreement No. CZ611, Attachment A, Page 2 of 5
DEP 55-236 (04/05)
Proiect Obiectives and Related Tasks and Deliverables: List project objective(s) and tasks that will
accomplish each objective. Indicate the quarter in which these tasks will occur and will be delivered. Deliverables
or work products must be listed.
Objective 1: Design and Construction of a Bird Observation Tower
Task I: Design and permitting (second quarter).
Task 2: Bid and award contract for construction (second quarter).
Task 3: Construction (commence third quarter, complete fourth quarter)
Deliverables: Quarterly Progress and Final Reports with copies of plans and specifications and bid documentation.
Final report will include photographic documentation of the completed Bird Observation Tower.
DEP Agreement No. CZ611, Attachment A, Page 3 of 5
DEP 55-236 (04/05)
Project Bud2et Schedule: Type dollar amounts only in applicable categories (round to the nearest dollar; no
cents) and leave other categories blank. If your grant Agreement requires match, it must equal the FCMP funds
requested, or one hundred percent (100%). A budget transfer of funds (within approved budget categories), in an
amount not to exceed 10 percent of the FCMP total budget, is allowed without requesting an official amendment.
Budl!et Catel!orv
1. Salaries
2. Fringe Benefits
3. Travel
4. Equipment Purchases
5. Supplies
6. Contractual Services
7. Construction
8. Other Expenses
9. Indirect Charges
FCMP Total
FCMP Funds
MATCH Funds
50,000.00
50,000.00
50.000.00
Match Total
50,000.00
Total Project Cost:
$100,000.00
DEP Agreement No. CZ###, Attachment A, Page 4 of 5
DEP 55-236 (06/04)
Proiect Budl!et Narrative: Describe line items for each applicable budget category shown on the budget
schedule. Provide sufficient detail to show cost relationship to project activities. Complete for both FCMP and
match items, if applicable. If in-kind match is being provided by a third party, a letter from that party confmning the
amount and type of that match must be included with this project work plan. Note: Indirect costs are not allowed
as match.
Construction:
This project will be publicly bid for any and all qualified contractors. The City of Clearwater is requesting
$50,000.00 in funding for this project to construct a bird observation tower. The matching funds will be allocated
from the City of Clearwater's budget. The cost of the construction services will be shared by both FCMP and the
City.
DEP Agreement No. CZ###, Attachment A, Page 5 of 5
DEP 55-236 (06/04)
ATTACHMENT B
PROGRESS REPORT FORM
DEP Agreement No.:
Grantee Name:
Grantee Address:
Grantee's Grant Manager: I Telenhone No.: I
Reportin2 Period:
Proiect Title:
Provide a summary of project accomplishments to date by objective and task. If tasks were not addressed
during the reporting period, explain why; if tasks were completed and reported on in previous reporting
period, identify the reporting period in which the task was completed.
Identify below, and attach copies of, any relevant deliverables being submitted for the project for this
reporting period (e.g., Deliverable 1.1: copies of permits, Deliverable 1.2: before photographs, etc.)
Provide an explanation for anv anticinated delavs or anv nroblems encountered.
DEP Agreement No. CZ611, Attachment B, Page 1 of 2
INSTRUCTIONS FOR COMPLETING
ATTACHMENTB
PROGRESS REPORT FORM
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CZ6 __
GRANTEE NAME: Enter the name of the grantee's agency.
GRANTEE ADDRESS: Enter the address that is on the first page of the grant agreement.
GRANTEE'S GRANT MANAGER: Enter the person identified as grant manager in the grant agreement.
TELEPHONE NO.: Enter the telephone number where the grant manager can be contacted.
REPORTING PERIOD: This is the beginning and ending date of the reporting period; it can cover more than one
quarter.
PROJECT TITLE: Enter the Title shown on the first page of the grant agreement.
Summarize project accomplishments to date by objective and task. If tasks were not addressed during the
reporting period, explain why; if tasks were completed and reported on in previous reporting period, please
identify the reporting period when the task was completed. This section shows the progress to date for each
objective and task scheduled to begin or be completed within the reporting period. If there was no progress for a
task that was to start or be completed, please explain the reason. If tasks were completed and reported on in a
previous report, please state when they were completed (for example: "This task was completed and reported on in
the report submitted October 20"). Provide a brief description of the progress, do not merely say "on-going" or
"completed."
Identify below, and attach copies of, any relevant deliverables being submitted for this reporting period (e.g.,
report data sets, links to on-line photographs, etc.): Ensure that any deliverables listed in the grant agreement, as
well as those not listed are included. For instance, you may send copies of agendas or minutes of meetings, photos
of displays, or other supporting documentation to show the completion or progress towards a task. Label the
deliverables by objective and task number(s) that they are associated with (for example: Deliverable 1.1 for
Objective 1, task 1).
Provide an explanation for any anticipated delays or any problems encountered: Provide a brief summary of
any anticipated or encountered problems or delays.
Questions regarding completion of Progress Reports should be directed to Domecia Allen at (850) 245-2161 or
Domecia.Allen@dep.state.fl.us.
DEP Agreement No. CZ611, Attachment B, Page 2 of 2
ATTACHMENT C
PAYMENT REQUEST FORM
GRANTEE:
GRANTEE'S GRANT MANAGER:
PAYMENT REQUEST NO.:
PERFORMANCE
PERIOD:
PERCENT MATCHING REQUIRED:
DEP AGREEMENT NO.:
DATE OF REQUEST:
AMOUNT REQUESTED:$
GRANT EXPENDITURES SUMMARY SECTION
[Effective Date of Grant through End-of-Grant Period]
CATEGORY OF EXPENDITURE
AMOUNT OF
THIS CLAIM
TOTAL
CUMULATIVE
FCMP
CLAIMS
MATCHING
FUNDS
CLAIMED
TOTAL
CUMULATIVE
MATCHING
FUNDS
TOTAL AMOUNT
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Salaries
Fringe Benefits
Travel
Equipment Purchases
Supplies
Contractual Services
Construction
Other Expenses
Indirect
GRANT BUDGET AMOUNT $
Less Total Cumulative Payments of: $
REMAINING BUDGET IN GRANT $
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above
was for items that were charged to and utilized only for the above cited grant activities.
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
**PLEASE DO NOT ALTER THIS FORM**
DEP Agreement No. CZ611, Attachment C, Page 1 of 3
L_
INSTRUCTIONS FOR COMPLETING
ATTACHMENT C
PAYMENT REQUEST FORM
GRANTEE: Enter the name of the grantee's agency.
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CZ6 _ _ .
DATE OF REQUEST: This is the date you are submitting the report.
AMOUNT REQUESTED: This should match the amount on the "TOTAL AMOUNT" line for the "AMOUNT OF
THIS CLAIM" column.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant agreement.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
PERFORMANCE PERIOD: This is the.beginning and ending date of the reporting period.
PERCENT MATCHING REQUIRED: Enter your match requirement here. It is either 100% or Nt A for Section
309 grants.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS CLAIM" COLUMN: Enter the amount that was paid out during the reporting period for
each approved budget category. This must be by budget category as in the currently approved budget in Attachment
A, Project Work Plan, or amendment of your grant Agreement. Do not claim expenses in a budget category that
does not have an approved budget. Do not claim items that are not specifically identified in the current Budget
Narrative section of Attachment A. DO NOT ALTER FORM OR COMBINE BUDGET CATEGORIES. Enter
the column total on the "TOTAL AMOUNT' line. Enter the FCMP budget amount on the "GRANT BUDGET
AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL
CUMULATIVE PAYMENTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the
"GRANT BUDGET AMOUNT' for the amount to enter on the "REMAINING BUDGET IN GRANT' line.
"TOT AL CUMULATIVE FCMP CLAIMS" COLUMN: Enter the cumulative amounts that have been claimed
to date for FCMP expenses by budget category. The final report should show the total of all claims, first claim
through the fmal claim, etc. Enter the column total on the "TOTAL AMOUNT' line. DO NOT ENTER
ANYTHING IN THE SHADED AREAS.
"MATCHING FUNDS CLAIMED" COLUMN: Enter the amount to be claimed as match for the reporting
period. This needs to be shown under specific budget categories according to what is in the currently approved
Attachment A, Project Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match
budget amount on the "GRANT BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this
and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column.
Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the "GRANT BUDGET AMOUNT' for the amount
to enter on the "REMAINING BUDGET IN GRANT' line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to
date for match by budget category. Put the total of all on the line titled "TOTAL AMOUNT." The final report should
show the total of all claims, fIrst claim through the fmal claim, etc. DO NOT ENTER ANYTHING IN THE
SHADED AREAS.
GRANTEE CERTIFICATION: Must have the original signature of both the Grantee's Grant Manager and
the Grantee's Fiscal Agent as identified in the grant agreement.
DEP Agreement No. CZ611, Attachment C, Page 2 of 3
REOUlRED BACK-UP DOCUMENT A TION:
Schedule of Expenditures should include, the invoice number, a description ofthe goods or services purchased,
date of the transaction, amount paid, check amount, check number and vendor name.
Schedule of Match should include, the invoice number, a description of the goods or services purchased, date ofthe
transaction, amount paid, check amount, check number and vendor name.
Copies of Invoices (Not applicable to state agencies)
Copies of Travel Reimbursements if applicable
FLAIR Report (State agencies only)
NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel
reimbursement form (available from staff of the Florida Coastal Management Program or use your
affiliation's reimbursement form, provided it has been approved by the State of Florida Chief Financial
Officer).
**DO NOT FORGET TO SUBMIT A COMPLETED PROGRESS REPORT IN CONJUNCTION WITH
YOUR PAYMENT REQUEST**
If you have any questions please do not hesitate to contact Leeanne Zimmerman at (850) 245-2164.
DEP Agreement No. CZ611, Attachment C, Page 3 of 3
ATTACHMENT D
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-B3 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defmed by OMB Circular A-B3, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with
any additional instructions provided by the Department to the recipient regarding such audit. The recipient further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defmed in OMB
Circular A-l33, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,
as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department of
Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year,
the recipient shall consider all sources of Federal awards, including Federal resources received from the
Department of Environmental Protection. The determination of amounts of Federal awards expended should
be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions ofOMB Circular A-B3, as revised, will
meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-B3, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-B3, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from
non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other
than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/cfdalcfda.html.
DEP 55-2] 5 (04/05)
DEP Agreement No. CZ611, Attachment D, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of State fmancial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office
of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement
indicates State fmancial assistance awarded through the Department of Environmental Protection by this
Agreement. In determining the State fmancial assistance expended in its fiscal year, the recipient shall consider
all sources of State fmancial assistance, including State fmancial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State fmancial assistance does not
include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
fmancial reporting package as defmed by Section 2l5.97(2)(d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in State fmancial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in State fmancial assistance in its fiscal year, and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost ofthe audit must be
paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSF A), a recipient should access
the Florida Single Audit Act website located at http://state.fl.us/fsaalcatalog or the Governor's Office of Policy
and Budget website located at http://www.myflorida.comlmvflorida/governmentlcontacts/opbOffice.html for
assistance. In addition to the above websites, the following websites may be accessed for information:
Legislature's Website http://www.leg.state.fl.us/, Governor's Website http://www.myflorida.coml, Department
of Financial Services' Web site http://www.dbf.state.fl.us/and the Auditor General's Website
http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-B3, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 Cd), OMB
Circular A-B3, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55-215 (04/05)
DEP Agreement No. CZ611, Attachment D, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-B3, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-B3, as revised.
2. Pursuant to Section .320(f), OMB Circular A-I33, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies offmancial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
DEP 55-215 (04/05)
DEP Agreement No. CZ611, Attachment D, Page 3 of 5
1----
4. Copies of reports or management letters required by PART III ofthis Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting fmancial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (04/05)
DEP Agreement No. CZ611, Attachment D, Page 4 of 5
EXHIBIT - 1
FUNDS A WARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
Federal Resources Awarded to the Reci
Federal
Program
Number
Original
A eement
ient Pursuant to this A reement Consist of the Followin
Federal A enc
U.S. Department of
Commerce
CFDA
Number
11.419
CFDA Title
Coastal Zone Administration Awards
Fundin
State Resources Awarded to the Reci
Federal
Program
Number Federal A enc
ient Pursuant to this A reement Consist of the Followin Matchin Resources for Fed
CFDA
CFDA Title
Fundin
State Resources A warded to the ReciDient Pursuant to this A~reement Consist of the Followin~ Resources Subiect to Sectioll
State CSF A Title
Program State or
Number Funding Source Fiscal Year Funding Source Description Fundin~
Number
Total Award I
For each program identified above, the recipient shall comply with the program requirements described in the
Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.l73/cfdalcfda.html) and/or the Florida Catalog of
State Financial Assistance (CSF A) [http://state.fl.us/fsaalcatalog). The services/purposes for which the funds are to
be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated
in the Contract.
DEP 55-215 (04/05)
DEP Agreement No. CZ611, Attachment D, Page 5 of 5
ATTACHMENT I
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance
with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor."
2. Copeland "Anti-Kickback" Act (18 V.S.C. 874 and 40 V.S.C. 276c) - All contracts and
subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients
shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874),
as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Sub-
contractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants
from the United States"). The Act provides that each contractor or subrecipient shall be prohibited
from inducing, by any means, any person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he is otherwise entitled. The
recipient shall report all suspected or reported violations to the Federal awarding agency.
3. Davis-Bacon Act, as amended (40 V.S.C. 276a to a-7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and subrecipients of more than
$2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7)
and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards
Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").
Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not
less than the minimum wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors shall be required to pay wages not less than once a week. The recipient shall
place a copy of the current prevailing wage determination issued by the Department of Labor in
each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage
determination. The recipient shall report all suspected or reported violations to the Federal
awarding agency.
4. Contract Work Hours and Safety Standards Act (40 D.S.C. 327-333) - Where applicable, all
contracts awarded by recipients in excess of $2000 for construction contracts and in excess of
$2500 for other contracts that involve the employment of mechanics or laborers shall include a
provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR
part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not less
than 1 Y2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic
shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
DEP Agreement No. CZ611, Attachment I, Page 1 of 4
5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the
performance of experimental, developmental, or research work shall provide for the rights of the
Federal Government and the recipient in any resulting invention in accordance with 37 CFR part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
6. Clean Air Act (42 V.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as
amended (33 V.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000
shall contain a provision that requires the recipient to agree to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 V.S.C. 7401 et seq.) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to
the Federal awarding agency and the Regional Office of the Environmental Protection Agency
(EP A).
7. Byrd Anti-Lobbying Amendment (31 U.S.c. 1352) - Contractors who apply or bid for an award
of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered by 31 D.S.C. 1352. Each tier
shall also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed
on the General Services Administration's List of Parties Excluded from Federal Procurement or
Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and
Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O.
12549. Contractors with awards that exceed the small purchase threshold shall provide the required
certification regarding its exclusion status and that of its principal employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 V.S.C. 1368) and
Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) - Contracts and sub grants
of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to
comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the
Federal Water Pollution Control Act, as amended (33 V.S.C. 1368) and Section 1424(e) of the Safe
Drinking Water Act (42 V.S.c. 300h-3(e)). Violations shall be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA).
10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (PL. 88-352), which prohibits discrimina-
tion on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.c.
795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of
1975, as amended (42 V.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d)
the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to non-
discrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the
Public Health Service Act of 1912 (42 V.S.C. 290 dd-3 and 290 ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the Civil Rights Act of
1968 (42 V.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or
DEP Agreement No. CZ611, Attachment I, Page 2 of 4
financing of housing; (h) EO 13166 (68 FR 14180) to Federal financial assistance recipients on the
Title VI prohibition against national origin discrimination affecting Limited English Proficient
(LEP) persons, (i) Title VII of the Civil Rights Act of 1964, 42 V.S.c. which prohibits
discrimination on the basis of religion, a religious corporation, association, educational institution
or society, any other nondiscrimination provisions in the specific statute(s) made; and, U) the
requirements of any other nondiscrimination statute(s) that may apply.
11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (p.L. 91-646) that provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.
12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 - 1508 and 7324 - 7328) that
limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (p.L. 93-234) that requires recipients in a special flood
hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy Act
of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities pursuant to
E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in
floodplains in accordance with E.O. 11988; (e) assurance of project consistency with the approved
State management program developed under the Coastal Zone Management Act of 1972 (16 D.S.C.
1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 D.S.C. 7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended
(P.L. 93-523); (h) protection of endangered species under the Endangered Species Act of 1973, as
amended (P.L. 93-205), (i) restrictions for actions within a Coastal Barrier Island under the Coastal
Barrier Island Resources Act (16 D.S.C. 3501 et seq.), U) The Resource Conservation and
Recovery Act of 1976, as amended (42 U.S.C. 6901 et seq.) which regulates the generation,
transportation, treatment and disposal of hazardous wastes, (k) The Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended, and the Superfund Amendments
and Reauthorization Act of 1986, and the Community Environmental Response Facilitation Act of
1992, as amended, (42 V.S.C. 9601 et seq.), and (I) The Environmental Justice in Minority
Populations and Low Income Populations, EO 12898, February 11, 1994, which identifies and
addresses adverse human health or environmental effects of programs, policies and activities on
low income and minority populations.
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.c. 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
DEP Agreement No. CZ611, Attachment I, Page 3 of 4
18. Care and Use of Live Vertebrate Animals. Recipients must comply with the Laboratory Animal
Welfare Act of 1966 (PL. 89-544, as amended, 7 D.S.C. 2131 et seq.) pertaining to the acquisition,
care, handling, and use in projects, and implementing regulations, 9 CFR Parts 1, 2 and 3; the
Endangered Species Act (16 D.S.C. 1531 et seq); Marine Mammal Protection Act (16 D.S.C. 1361
et seq.) taking possession, transport, purchase, sale, export or import of wildlife and plants, The
Nonindigenous Aquatic Nuisance Prevention and Control Act (16 D.S.C. 4701 et seq.) ensure
preventive measures are taken or that probable harm of using species in minimal if there is an
escape or release, and all other applicable statutes pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or other activities supported by Federal financial
assistance. No research involving vertebrate animals is permitted under any u.s. Department of
Commerce financial assistance award unless authorized by the Grants Officer.
19. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.c. 4801 et seq.) that
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. CZ611, Attachment I, Page 4 of 4
ATTACHMENT J
REGULATIONS
Formal regulations concerning administrative procedures for U.S. Department of Commerce (DOC)
grants appear in Title 15 of the Code of Federal Regulations. Other DOC regulations also impact grant
programs. The following list contains regulations and Office of Management and Budget Circulars
which may apply to the work performed under this Agreement.
Subchapter A - General
15 C.F.R. 8 Nondiscrimination on the basis of handicap in programs or activities conducted by
DOC
15 C.F.R. 11 Uniform relocation assistance and real property acquisition for federal and federally
assisted programs
15 C.F.R. 13 Intergovernmental review of DOC programs and activities
15 C.F.R. 14 Uniform administrative requirements for grants and agreements with institutions of
higher education, hospitals and other nonprofit organizations
Subchapter B - Grants and Other Federal Assistance
15 C.F.R. 24 Uniform administrative requirements for grants and cooperative agreements to state
and local governments
15 C.F.R. 26 Government-wide debarment and suspension (nonprocurement) and government-
wide requirements for drug-free work place (grants); Clean Air Act and Clean
Water Act ineligibility of facilities in performance of federal contracts, grants and
loans
15 C.F.R. 28 New restrictions on lobbving
Other Federal ReI!, ulations
48 C.F.R. 31 Contract Cost Principles and Procedures, or uniform cost accounting standards that
comolv with cost principles acceptable to the federal agency
Office of Manaeement and Budeet Circulars
A-21 Cost Principles for Educational Institutions
A-87 Cost Principles for State, Local, and Indian Tribal Governments
A-122 Cost Principles for Non-Profit Organizations
A-133 Audit Requirements
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (01/04)
DEP Agreement No. CZ611, Attachment J, Page 1 of 1
PuR -I
Purchasing Memorandum
Page 1 of 1
\\.',
City Commission
Preferred Date: lo~=~~=?g~~J.
Requesting Department: I Fin~~~~
User Department: IF~~~~~?~
Item Id: 1440
Actual Date: 19~:9i:~99?
Submitted: ~:~g9?~_~~i
Agenda 10: I~~~<~oo<~
<<<<<_~~oo !I
o. .IJ
General Information
Description: Workers compensation claims paid by the City I s third party administrator
during the period October 1, 2005 through September 30, 2006.
Comments: Sole provider of old Workers 1 Compensation claim administration. The awarded
amount will be paid to the claimants and medical providers. An administration
fee of approximately $5000 will be paid separately.
Appropriations
Quantity: b~~~~_~ Type: IElJE~bc:il)E:l
Bid Number or Code ExceptionI~E:l~..?:?~~{1J(E:l1:IIl1P()Sl)i~IE:l!()~i~
Vendor Name, City, State:
Gallagher Bassett Services Inc., Itasca, Illinois
Appropriation Code(s)
19?~():9?999Q:?~?~()():?Jo~:()~
Amount
1~.?()9!()()():g9.
Appropriation Comments
1~()J'lE:l 0
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Purchasing Memorandum
Page 1 of 1
Submitted:
City Commission
Preferred Date: 1~8-0~=?gg5 .11I
Item Id: 1443
Actual Date: I()~:Q~:'?()Q~
Agenda 10:
Requesting Department 1~()I_i<:l..':'0.:t~{~~~~~~_I._~~~.e:~.
User Department I ~()li~"-Y~~t~/~~n~r~I~~.r~ic;~s
General Information
Description: Wingfoot Commercial Tire - Replacement tires during the period September 1,
2005 through August 31, 2006, at a cost not to exceed $200,000.
Comments: Piggyback Florida State Contract #863 -000-03 -1.
Tires will be utilized by all departments with vehicles that are maintained
by General Services/Fleet.
Appropriations
Quantity: 11...... Type: IJ=lLJF~~C;!l)~_.__._~~~..........
Bid Number or Code Exceptionl~~~:?:.f5!3~J1J(cl):EI()Ficlc:l~tc:lt~_g()ntrc:lct
Vendor Name, City, State:
Wingfoot Commercial Tire, Clearwater, Florida
Appropriation Code(s)
IQ?6j>:Q()6JJ:?5.Q?Q():.?19:QQ~
Appropriation Comments
Amount
1~?002()QQ.Q()
INone.. .. ...
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City Council
""',@@~ Ag,~!I,~a C,~~~!~~.~,!!!~,r,~!:!@~ m"",
\')..\
Tracking Number: 1,455
Actual Date: 08/04/2005
Subject / Recommendation:
Adopt Resolution 05-34 authorizing the City to enter into an agreement with CSX
Transportation, Inc., for installation of one (1) 3' x 5' box culvert, (3) 36" concrete pipes and
one (1) 4' x 5' box culvert; and approve Agreement Nos. CSX-048892, CSX-048733 and
CSX-048893 and authorize the appropriate officials to execute same.
Summary:
A work order to Owen Ayres and Associates, Inc. for consultant services was approved on
11/20/03 for design, preparation of construction plans, and permitting for the Lake Bellevue
Storm water Management Project. As part of this project the City desires to construct one (1) 3' x
5' box culvert, three (3) 36" concrete pipes, and one (1) 4' x 5' box culvert.
This project will remove up to 17 residential dwelling units from the 100-year floodplain and
increasing the flood protection level of service to one collector roadway and three residential
roadways.
The pipeline construction is located along the CSX Railroad Right-of-way, between Belleview
Boulevard and Howard Street.
CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide
the terms and conditions associated with placing a pipeline or performing earthwork within their
right of way.
The cost to the City will be $16,500 for a One-time License Fee and $3,075.00 for Railroad
Protective Liability Insurance for a total cost of $19,575.00.
Sufficient budget and revenue are available in the 04 Stormwater Revenue Bond Construction
Fund in the amount of $19,575.00 in project 0357-96152, Lake Bellevue Stormwater
Improvements, to fund the One-time License Fee and Railroad Protective Liability Insurance.
Copies of the Agreements are available for review in the Office of Official Records and Legislative
Services.
Originating: Engineering
Section Other items on City Manager Reports
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
Type: Capital Expenditure
Bid Required? No
~~
Cl~
City Council
_""",,_ Ag,!:,n da M!;:.ove!,J~,~,!!!..~..~,~ nd u m""M'__"'~M
Bid Exceptions:
Sole Source
Other Contract?
CS
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$19,575.00
Annual Operating Cost:
$0.00
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$19,575.00
Not to Exceed:
$19,575.00
Appropriation Code(s)
0357-96152-565200-539-000
Amount
$19,575.00
Comments
Lake Bellevue Stormwater
Improvements
Review Approval
Michael Ouillen
Bryan Ruff
07-20-2005 08:29: 18
07-21-2005. 14: 14: 11
07-13-2005 14:47:42
07-20-2005 10:38:55
07-14-2005 10:43:28
07-20-2005 17:38:24
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bill Horne
RESOLUTION NO. 05-34
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION OF TWO PIPELINE CROSSING
AGREEMENTS AND A TEMPORARY RIGHT -OF-ENTRY
AGREEMENT BETWEEN THE CITY OF CLEARWATER AND CSX
TRANSPORTATION, INC., FOR THE INSTALLATION OF DRAINAGE
CULVERTS WITHIN AND ADJACENT TO CSX RIGHT-OF-WAY,
PROVIDING AN EFFECTIVE DATE.'
WHEREAS, the City authorizes the execution of agreements Nos. CSX-
048892; CSX-048733; and CSX-048893 and agrees to the terms and conditions of the
agreements, copies of which are attached hereto, and
WHEREAS, CSX Transportation Inc. has agreed to allow the City to install
(1) 3' x 5' box culvert in the vicinity ot Howard Street; three (3) 36" concrete pipes in the
vicinity ot Belleview Boulevard; and one (1) 4' x 5' box culvert in the vicinity of Woodlawn
Street, all within the CSX Right-ot-way, as stated within the terms ot said agreement, and
WHEREAS, the City Manager ot the City ot Clearwater is hereby authorized
to sign the agreement described in this resolution.
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves the Pipeline
Crossing Agreements and Temporary Right-ot-Entry between the City ot Clearwater and
CSX Transportation, Inc., allowing the City to install drainage structures and re-construct
and existing ditch.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day ot
,2005.
Frank Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 05-34
r~u
Location Map
City of Clearwater
Public Works Administration I Engineering
Lake Bellevue Branch
Storm water Management Project
Drawn By: S. K. Reviewed By: J.K. Scale: N. T. S.
Grid # 313B,314A S - T - R 21-29-15,22-29-1 Date: 07/12/05
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TRANSPORTATION
Mark E. Adkins
Specialist
Contract Adminstration
~', EN6-~
~: 'J. \
500 Water Street, SC 1180
Jacksonville, FL 32202-4423
(904) 359-3327
F~: (904)359-3665
E-Mail: Mark_Adkins@csx.com
CITY Of CLEARWATER
PU8l1C WORKS ADMINISTRATION
May 16, 2005
CSX Agreement No. CSX-048733
Customer Reference No.: 03-0030-EN
Mr. Michael D. Quillen, P.E.
City Engineer
City of Clearwater
100 South Myrtle Avenue, Suite 200
Clearwater, FL 33637
Re: Installation ofpipeline(s) in Belleair, Florida.
Dear Mr. Quillen:
We have reviewed your application(s), and proposed Agreements are attached. After
carefully reviewing the attached Agreement Checklist, please arrange for execution and return all
originals of the Agreement to my attention at the address shown above. They will be executed on
behalf of CSXT and an original will be returned to you for your records.
Also, your application states that the existing 36" stormwater pipe crossing is covered
under Agreement No. SBD-006235. After reviewing the Agreement, it was dicsovered that it
covers a 36" stormwater pipe crossing located 440' south of Milepost ARE-883.00. Since the
existing crossing that you reference on the drawing is located 143' north of Milepost ARE-
883.00, it is not covered by Agreement No. SBD-006235. A search of our database and property
maps did not reveal an agreement that covers the existing crossing, therefore, we have included it
in the attached proposed agreement.
Additionally, your installations may affect an existing fiber optic parallelism/longitudinal
located on Railroad right-of-way. Therefore, you must also give notification in accordance with
the "Communication Cable or Fiber Optic Protection Rider."
In order to provide you with the quickest turnaround time possible, it is important that you
provide all of the required items highlighted on the attached Agreement Checklist.
Please understand that the volume of requests received by this office will not allow us to
manage any file' for an indefinite period. If a response is not received by June 10, 2005,"l1ur
silence will be interpreted as an indication that your intentions have changed, and that you no
longer desire to proceed with your occupancy - after which, your file will be closed. An
additional application fee will be required to re-activate your file once it has been closed.
CSX-048733
-2-
May 16, 2005
Your prompt response is appreciated. Thank you for your cooperation.
a~
Mark E. Adkins
Attachment
AGREEMENT CHECKLIST
Agreement Number: CSX~8733
Please perform the following when executing the attached instrument:
X Sign the signature page in order to execute the agreement One of the following should apply:
Execution on behalf of a CORPORATION should be accomplished by the President, Vice President or an officer
authorized by Board Resolution to execute legal documents on behalf of the Corporation. (Copy of Board Authorization
should be fumished for anyone signing, other than the President or Vice President.) If the Corporate name is set out
erroneously in the Agreement, the document should be executed and the name corrected and initialed where it appears.
(Municipal Corporation, fumish copy of such Resolution.)
If Agreement is with an INDIVIDUAL, that individual should sign the Agreement exactly as the name is set out in the
Caption of the Agreement. If the name is set out erroneously in the Agreement, the document should be executed and
the name corrected and initialed where it appears.
If the Agreement is with a PARTNERSHIP, all general members of the partnership should execute the document unless
one member of the firm has been designated managing partner or expressly by the partnership to execute the
Agreement. (Furnish copy of such authority.)
X The signature(s) must be WITNESSED by ONE (1) witness in the space(s) provided.
X NAME(S) and TITLE(S) of person(s) executing the agreement must be typed or printed in ink directly beneath
- signature(s).
~ Social Security Number is required if Agreement is with an INDIVIDUAL, if Agreement is with other than an
INDIVIDUAL, a Tax Identification Number is required.
.!.. Furnish Certificate of Insurance which states "CSX Transportation, Inc. as additional insured," which is required
under the INSURANCE Article, to Speed Code J180, 500 Water Street, Jacksonville. FL 32202. Questions regarding
the insurance requirements should be directed to csxrs Mr. W. D. Tyler, Manager Risk Management (904) 366-5090.
X Initial and date each rider attached to the document following the signature page.
.!.. In returning the Agreement, please furnish the following fee(s) set out in the Article{s) described within the Agreement
One-Time License Fee (refer to FEE's Article)
Railroad Protective Liability Insurance (refer to INSURANCE Article)
TOTAL DUE
$16,000.00
*$2,250.00
$18,250.00
* If because of State Statute/law you cannot meet the monetary coverage limits required in Section 10.1 of the Agreement,
you must pay the total due listed above, which includes a 50% surcharge, in the amount of $750.00. towards the RPL
payment. If you can meet the monetary requirements of Section 10.1, you may reduce the total amount due by $750.00.
Payment of the surcharge does not waive Section 10.1, it only compensates for less than required monetary coverage. You
will still need to provide insurance documentation in accordance with Section 10.1.
~
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"'! .~
CSXT Form 2037G - Page 1
Revised March, 2005 '"
Agreement No. CSX-048733
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made and effective as of May 16,2005, by and between CSX
TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street,
Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF CLEARWATER, a
municipal corporation, political subdivision or state agency, under the laws of the State of
Florida, whose mailing address is 100 South Myrtle Avenue, Suite 200, Clearwater, Florida
33637, hereinafter called "Licensee," WITNESSETH:
WHEREAS, Licensee desires to construct, use and maintain pipeline crossings, hereinafter called
"Pipeline." WIder or across property owned or controlled by Licensor at or near Belleair, County of
Pinellas, State of Florida, Clearwater Subdivision, listed below, hereinafter collectively called the
"Crossing." as shown on print of Licensee's Drawings attached hereto and made a part hereof; other
details and data pertaining to said Pipeline being as indicated on Licensee's Applications Fonn(s), also
attached hereto and made a part hereof;
1 a new 36" pipeline solely for the transmission of stormwater located at Valuation
Station 3122+04, Milepost ARE-882.97;
2 a new 36" pipeline solely for the transmission of stormwater located at Valuation
Station 3122+ 1 0, Milepost ARE-882.97;
3 a new 36" pipeline solely for the transmission of stormwater located at Valuation
Station 3122+ 16, Milepost ARE-882.97;
4 an existing 36" pipeline solely for the transmission of stonnwater located at
Valuation Station 3122+23, Milepost ARE-882.97.
NOW, THEREFORE, inconsideration of the mutual covenants, conditions, terms and
agreements herein contained, the parties hereto agree and covenant as follows:
1. LICENSE:
1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority
to do so, and its present title permits, and subject to:
(A) Licensor's present and future right to occupy, possess and use its property
within the area of the Crossing for any and all purposes;
(B) All encumbrances, conditions, covenants, easements, and limitations
applicable to Licensor's title to or rights in the subject property; and
(C) Compliance by Licensee with the tenns and conditions herein contained;
does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter or
change said Pipeline at the Crossing above for the tenn herein stated, and to remove same upon
termination.
1.2 The tenn Pipeline, as used herein, shall include only the pipes, ducts, casing, vents,
manholes, connectors, fixtures, appliances and ancillary facilities devoted exclusively to the
transmission usage above within the Crossing, and as shown on attached Application Fonn.
I
"
. J.~
CSXT Form 2037G - Page 2 .
Revised March, 2005 "
Agreement No. CSX-048733
1.3 No additional pipeline or other facilities shall be placed, allowed or maintained by
Licensee in, upon or along the Crossing except upon separate prior written consent of Licensor.
2. LICENSE FEE; TERM:
2.1 In lieu of annual payments and in consideration of Licensor's waiver of future fee
increases, Licensee shall pay Licensor a one-time nonrefundable License Fee of SIXTEEN
THOUSAND AND 00/100 U.S. DOLLARS ($16,000.00) upon execution of this Agreement.
Licensee agrees that the License Fee applies only to the original Licensee under this Agreement.
In the event of a successor (by merger, consolidation, reorganization and/or assignment) or if the
original Licensee changes its name, then Licensee shall be subject to payment of Licensor's
current administrative and document preparation fees for the cost incurred by Licensor in
preparing and maintaining this Agreement on a current basis.
2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or
reimburse Licensor), any additional annual taxes and/or periodic assessments levied against
Licensor or Licensor's property solely on account of said Pipeline or Crossing.
2.3 This Agreement shall terminate (1) May 15, 2030, or (2) as herein provided, but
shall also terminate upon (a) Licensee's cessation ofuse of the Pipeline or Crossing for the
purpose(s) above, (b) removal of the Pipeline, (c) subsequent mutual consent, and/or (d) failure of
Licensee to complete installation within 5 (five) years from the effective date of this Agreement.
2.4 In further consideration for the license or right hereby granted, Licensee hereby
agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the
cost of the installation of said Pipeline and appurtenances, and/or maintenance thereof, or for any
public works project of which said Pipeline is a part.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 . Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove said
Pipeline, in a prudent, workmanlike manner, using quality materials and complying with: any
applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications) and Licensee's
particular industry, and/or any governmental or regulatory body having jurisdiction over the
. Crossing or Pipeline.
3.2 Location and construction of Pipeline shall be made strictly in accordance with
design(s) and specifications furnished to and approved by Licensor, and ofmaterial(s) and size(s)
appropriate for the purpose(s) above recited.
3.3 All Licensee's work and exercise of rights hereunder shall be undertaken at time(s)
satisfactory to Licensor and so as to eliminate or minimize any impact on or interference with the
safe use and operation of Licensor's property and appurtenances thereto.
CSXT Form 2037G - Page 3
Revised March, 2005 0
Agreement No. CSX-048733
3.4 In the installation, maintenance, repair and/or removal of said Pipeline, Licensee
shall not use explosives of any type or perform or cause any blasting without the separate express
written consent of Licensor. As a condition to such consent, a representative will be assigned by
Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or
expense of furnishing said monitor.
3.5 Any repairs or maintenance to Pipeline, whether resulting from acts of Licensee, or
natural or weather events, which are necessary to protect or facilitate Licensor's use of its property,
shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has
notice as to the need for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment
and/or employees from damage or injury, may request immediate repair or renewal of the Pipeline,
and if the same is not performed, may make or contract to make such repairs or renewals, at the
sole risk, cost and expense of Licensee.
3.7 Neither the failure of Licensor to object to any work done, material used, or method
. of construction or maintenance of said Crossing, nor any approval given or supervision exercised
by Licensor, shall be construed as an admission ofliability or responsibility by Licensor, or as a
waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this
Agreement.
3.8 All work on the Crossing shall be conducted in accordance with Licensor's safety
rules and regulations.
3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including
losses resulting from train delays and/or inability to meet train schedules) arising from any failure
of Licensee to make repairs or conduct maintenance as required by Section 3.5 above or from
improper or incomplete repairs or maintenance to Pipeline.
4. PERMITS, LICENSES:
4.1 Before any work hereWlder is performed, or before use of the Crossing for the
contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s)
(including but not limited to zoning, building, construction, health, safety or environmental
matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall
conform and limit its activities to the terms of such permit(s), approval(s) and authorization(s), and
shall comply with all applicable ordinances, rules, regulations, requirements and laws of any
. governmental authority (state, federal or local) having jurisdiction over Licensee's activities,
including the location, contact, excavation and protection regulations of the Occupational Safety
and Health Act (OSHA) (20 CFR 1926.651(b), et al.), and State "One Call" - "Call Before You
Dig" requirements.
4.2 Licensee asswnes sole responsibility for failure to obtain such permit(s) or
approval(s), for any violations thereof, or for costs or expenses of compliance or remedy.
..,:
. ,
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CSXT Form 2037G - Page 4
Revised March, 2005 0
Agreement No. CSX-048733
5. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation or maintenance upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) Support track(s) and roadbed in a manner satisfactory to Licensor;
(B) Backfill with satisfactory material and thoroughly tamp all trenches to
prevent settling of surface of land and roadbed of Licensor; and
(C) Either remove any surplus earth or material from Licensor's property or
cause said surplus earth or material to be placed and distributed at location(s) and in such manner
as Licensor may approve.
5.2 After construction or maintenance of Pipeline, Licensee shall:
(A) Restore said track(s), roadbed and other disturbed property; and
(B) Erect, maintain and periodically verify the accuracy of aboveground
markers, in a form approved by Licensor, indicating the location, depth and ownership of Pipeline
or related facilities.
5.3 Licensee shall be solely responsible for any subsidence or failure oflateral or
subjacent support in the Crossing area for a period of three (3) years after completion of
installation.
6. TRACK CHANGES:
6.1 In the event that rail operations and/or track maintenance result in changes in grade
or alignment of, additions to, or relocation oftrack(s) or other facilities, or in the event future use
of Licensor's right-of-way and property necessitate any change oflocation, height or depth of
Pipeline or Crossing, Licensee, at its sole cost and expense and within thirty (30) days after notice
in writing from Licensor, shall make changes in Pipeline or Crossing to accommodate such track(s)
or operations.
6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at
Licensee's cost.
7. PIPE CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height of Pipeline and
Crossing in relation to the existing tracks and facilities, and shall relocate Pipeline or change
. Crossing, at Licensee's expense, should such relocation or change be necessary to comply with the
minimum clearance requirements of this Agreement or of any public authority.
-C'i
CSXT Form 2037G - Page 5
Revised March, 2005 "
Agreement No. CSX-048733
7.2 If Licensee undertakes to revise, renew, relocate or change all or any part of
Pipeline (including any change in circwnference, diameter or radius of pipe or carrier pipe, change
in operating pressure, or change in materials transmitted in and through said pipe), or is required by
any public agency or court order to do so, plans therefor shall be submitted to Licensor for
approval before any such change is made. After approval the terms and conditions of this
Agreement shall apply thereto.
8. INTERFERENCE WIm RAIL FACILITIES:
8.1 Although the Pipeline/Crossing herein permitted may not presently interfere with
Licensor's railroad operations or facilities, in the event that the operation, existence or maintenance
of said Pipeline, in the sole judgment of Licensor, causes: (a) interference (physical, magnetic or
otherwise) with Licensor's communication, signal or other wires, powerlines, train control system,
or facilities; or (b) interference in any manner with the operation, maintenance or use of the right-
of-way, track(s), structures, pole line(s), devices, other property, or any appurtenances thereto; then
and in either event, Licensee, upon receipt of written notice from Licensor of any such
interference, and at Licensee's sole risk, cost and expense, shall promptly take such remedial action
or make such changes in its Pipeline as may be required in the reasonable judgment of Licensor to
eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so
. or contract to do so, at Licensee's sole cost.
8.2 Without assuming any duty hereunder to inspect Licensee's Pipeline, Licensor
hereby reserves the right to inspect same and to require Licensee to undertake necessary repairs,
maintenance .or adjustments to Pipeline, which Licensee hereby agrees to make promptly, at
Licensee's sole cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
9.1 Licensee hereby assumes, and, to the fullest extent permitted by State law
(Constitutional or Statutory, as amended), shall defend, indemnify, and hold Licensor hannless
from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor
. may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any
person whomsoever (including officers, agents, employees or invitees of Licensor), and for
. damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in
any way connected with the construction, presence, existence, repair, maintenance, replacement,
operations, use or removal of Pipeline or any structure in connection therewith, or restoration of
premises of Licensor to good order or condition after removal, EXCEPT when caused solely by the
willful misconduct or gross negligence of Licensor. HOWEVER, to the fullest extent permitted by
State law, during any period of actual construction, repair, maintenance, replacement or removal of
pipeline, wherein agents, equipment or personnel of Licensee are on the railroad right-of-way,
Licensee's liability hereunder shall be absolute, irrespective of any joint, sole or contributory fault
or negligence of Licensor.
'/
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CSXT Form 2037G - Page 6 .
Revised March, 2005 0
Agreement No. CSX-048733
9.2 Use of Licensor's right-of-way involves certain risks ofloss or damage as a result of
the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of loss and
damage to Licensee's Property or Pipeline in, on, over or under the Occupancy, including loss of or
. any interference with use thereof. regardless of cause, including electrical field creation, fire or
derailment arising out of rail operations. For this Section, the term "Licensee's Property" shall
include pipe contents as well as property of third parties situated or placed upon Licensor's right-
of-way by Licensee or by such third parties at request of or for benefit of Licensee.
9.3 To the extent permitted by State law, as above, Licensee assumes all responsibility
for, and agrees to defend, indemnify and hold Licensor hannless from: (a) all claims, costs and
expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden
pollution of air, water, land and/or ground water on or off the Crossing area, arising from or in
connection with the use of this Crossing or resulting from leaking, bursting, spilling, or any escape
. of the material transmitted in or through said Pipeline; (b) any claim or liability arising under
federal or state law dealing with either such sudden or nonsudden pollution of air, water, land
,and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of
lateral or subjacent support of the tracks arising from such Pipeline leakage. .
9.4 Obligations of Licensee hereunder to defend, indemnify and hold Licensor
harmless shall also extend to companies and other legal entities that control, are controlled by,
subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the right-
of-way on which the Crossing is located, and their respective officers, agents and employees.
9.5 If a claim is made or action is brought against either party, for which the other party
. may be responsible hereunder, in whole or in part, such other party shall be notified and permitted
to participate in the handling or defense of such claim or action.
10. INSURANCE:
10.1 Prior to commencement of surveys, construction or occupation of Crossing
. pursuant to this Agreement, Licensee shall procure, and shall maintain during the continuance of
this Agreement, at Licensee's sole cost and expense, a policy of Commercial General Liability
Insurance (CGL), naming Licensor, and/or its designee, as additional insured and covering liability
assumed by Licensee under this Agreement. A coverage limit of not less than THREE MILLION
. AND 00/100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per occurrence for bodily
injury liability and property damage liability is currently required as a prudent minimum to protect
Licensee's assumed obligations. The evidence of insurance coverage shall be endorsed to provide
for thirty (30) days' notice to Licensor, or its designee, prior to cancellation or modification of any
policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180,
500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to Speed Code
C907 at the address listed above.
10.2 If said CGL policy does not automatically cover Licensee's contractual liability
during periods of survey, construction, maintenance and continued occupation, a specific
endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written
on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate
time for reporting losses. Failure to do so shall be at Licensee's sole risk.
'.
CSXT Form 2037G - Page 7
Revised March, 2005 "
Agreement No. CSX-048733
10.3 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to
State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability arising
under this Agreement, under a funded program of self-insurance, which fund will respond to
liability of Licensee imposed by and in accordance with the procedures established by law.
10.4 Securing such insurance shall not limit Licensee's liability under this Agreement,
but shall be additional security therefor.
10.5 Specifically to cover construction and/or demolition activities within fifty feet
(50') of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(s),
roadbed, overpass or underpass, Licensee shall first procure, at Licensor's current rate at time of
request, Railroad Protective Liability (RPL) insurance from Licensor to cover the cost of adding
this Crossing, or additional construction and/or demolition activities, to Licensor's Railroad
. Protective Liabilitv lRPL) Policy for the period of actual construction. This coverage is offered
at Railroad's discretion and may not be available under all circumstances.
11. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construed to permit Licensee, or any contractor
of Licensee, to move any vehicles or equipment over the track(s), except at public road crossing(s),
without separate prior written approval of Liceosor (CSXT Form 7422).
11.2 If Licensor deems it advisable, during the progress of any construction,
maintenance, repair, renewal, alteration, change or removal of said Pipeline, to place watchmen,
flagmen, inspectors or supervisors at the Crossing for protection of operations of Licensor or others
on Licensor's right-of-way, and to keep persons, equipment and materials away from the track(s),
Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable
for failure to do so.
11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and
existing labor agreements, Licensee may provide such flagmen, watchmen, inspectors or
supervisors, during all times of construction, repair, maintenance, replacement or removal, at
Licensee's sole risk and expense; and in such event, Licensor shall not be liable for the failure or
neglect of such watchmen, flagmen, inspectors or supervisors.
12. LICENSOR'S COSTS:
12.1 Any additional or alternative costs or expenses incurred by Licensor to
accommodate Licensee's continued use of Licensor's property as a result of track changes or pipe
changes shall also be paid by Licensee.
12.2 Licensor's expense for wages ("force account" work) and materials for any work
performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30)
days after receipt of Licensor's bill therefor, subject to Licensee's budgetary rules. Licensor may, at
its discretion, request an advance deposit for estimated Licensor costs and expenses.
CSXT Form 2037G - Page 8
Revised March, 2005 "
Agreement No. CSX-048733
12.3 Such expense shall include, but not be limited to, cost of railroad labor and
supervision under "force account" rules, plus current applicable overhead percentages, the actual
cost of materials, and insurance, freight and handling charges on all materials used. Equipment
rentals shall be in accordance with Licensor's applicable fixed rate(s). Licensor may, at its
discretion, require advance deposit for estimated costs and expenses associated herein.
13. DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this Agreement shall be
. deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely
. perform any of said covenants or remedy any breach within thirty (30) days after receiving written
notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad
emergency), Licensor shall have the option of immediately revoking this Agreement and the
privileges and powers hereby conferred, regardless oflicense fee(s) having been paid in advance for
any annual or other period. Upon such revocation, Licensee shall make removal in accordance with
Article 14.
13.2 No waiver by Licensor of its rights as to any breach of covenant or condition herein
. contained shall be construed as a permanent waiver of such covenant or condition, or any
,subsequent breach thereof. unless such covenant or condition is permanently waived in writing by
Licensor.
14. TERMINATION, REMOVAL:
14.1 All rights which Licensee may have hereunder shall cease upon the date of:
(a) revocation, (b) termination, (c) subsequent agreement, or (d) Licensee's removal of Pipeline
from the Crossing. However, neither revocation nor termination of this Agreement shall affect any
claims and liabilities which may have arisen or accrued hereunder, and which at the time of
termination or revocation have not been satisfied; neither party, however, waiving any third party
defenses or actions.
14.2 Within thirty (30) days aft~revocation or termination, Licensee, at its sole risk and
expense, shall (a) remove Pipeline from the right-of-way of Licensor, unless the parties hereto
agree otherwise, (b) restore property of Licensor in a manner satisfactory to Licensor, and (c)
reimburse Licensor any loss, cost or expense of Licensor resulting from such removal.
15. NOTICE:
15.1 Licensee shall give Licensor's Division Engineer (Jacksonville Division, 6735
Southpoint Drive, J-390, Building II, Jacksonville, FL 32216) at least thirty (30) days written notice
before doing any work on Licensor's right-of-way, except that in cases of emergency shorter notice
may be given to said Division Engineer. The rail operations emergency phone number for Licensor
is: 1-800-232-0144. The emergency phone number for Licensee is:
7 z,. t;;'" 62- - 'I- 7" ')
I
1._______.._______
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CSXT Form 2037G - Page 9
Revised March, 2005 "
Agreement No. CSX-048733
15.2 All other notices and communications concerning this Agreement shall be addressed
to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT
Contract Administration, J180; or at such other address as either party may designate in writing to
the other.
15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent
via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be considered
effective upon: (a) actual receipt, or (b) date of refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall
obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said consent
shall not be unreasonably withheld.
16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective successors or assigns.
16.3 Licensee shall give Licensor written notice of any legal succession (by merger,
consolidation, reorganization, etc.) or other change oflegal existence or status of Licensee, with a
copy of all documents attesting to such change or legal succession, within thirty (30) days thereof.
16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to
any grantee, lessee, or vendee of Licensor's underlying property interests in the Crossing, upon
written notice thereof to Licensee.
16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or
encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its
option, may revoke this Agreement by giving Licensee or any such assignee written notice of such
revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur
as a result of Licensee's failure to obtain said consent.
17. TITLE:
17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights~of-
way and rail corridors under all forms and qualities of ownership rights or facts, from full fee
simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be
deemed to act as any warranty, guaranty or representation of the quality of Licensor's title for
any particular Right-of-Way in the Crossing occupied, used or enjoyed in any manner by
Licensee under any rights created in this Agreement. It is expressly understood that Licensor
does not warrant title to any Right-of-Way in the Crossing, and Licensee will accept the grants
and privileges contained herein, subject to all lawful outstanding existing liens, mortgages and
superior rights in and to the Right-or-Way, and all leases, licenses and easements or other
interests previously granted to others therein.
CSXT Form 2037G - Page 10
Revised March, 2005 "
Agreement No. CSX-048733
17.2 The tenn "license," as used herein, shall mean with regard to any portion of the
Right-of-Way which is owned by Licensor in fee simple absolute, or where the applicable law of
the State where the Crossing is located otherwise permits Licensor to make such grants to
Licensee, a "permission to use" the Right-of-Way, with dominion and control over such portion
of the Right-of-Way remaining with Licensor, and no interest in or exclusive right to possess
being otherwise granted to Licensee. With regard to any other portion of Right-of- Way
occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives
its exclusive right to occupy the Right-of-Way and grants no other rights whatsoever under this
Agreement, such waiver continuing only so long as Licensor continues its own occupation, use
or control. Licensor does not warrant or guarantee that the license granted hereunder provides
Licensee with all of the rights necessary to occupy any portion of the Right-of-Way. Licensee
further acknowledges that it does not have the right to occupy any portion of the Right-of-Way
held by Licensor in less than fee simple absolute without also receiving the consent of the
owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim
any interest in the Right-of-Way that would impair Licensor's existing rights therein.
17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and
absolutely waives its right to, any claim against Licensor for damages on account of any
deficiencies in title to the Right-of-Way in the event of failure or insufficiency of Licensor's title to
any portion thereof arising from Licensee's use or occupancy thereof.
17.4 Licensee agrees to fully and completely indemnify and defend all claims or
litigation for slander of title, overburden of easement, or similar claims arising out of or baSed upon
Licensee's facilities placement, or the presence of Licensee's facilities in, on, or along the Crossing,
including claims for punitive or special damages.
17.5 Licensee shall not at any time own, or claim any right, title or interest in or to
Licensor's property occupied by the Crossings, nor shall the exercise of this Agreement for any
length oftime give rise to any right title or interest in License, to said property other than the
license herein created.
18. GENERAL PROVISIONS:
18.1 This Agreement, and the attached specifications, contains the entire understanding
between the parties hereto.
18.2 Neither this Agreement, any provision hereof. nor any agreement or provision
included herein by reference, shall operate or be construed as being for the benefit of any third
person.
18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither the
form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or
against either party hereto as the sole drafter thereof.
.
..
CSXT Form 2037G - Page 11
Revised March, 2005 "
Agreement No. CSX-048733
18.4 This Agreement is executed under current interpretation of applicable Federal, State,
County, Municipal or other local statute, ordinance or law(s). However, each separate division
(paragraph, clause, item, term, condition, covenant or agreement) herein shall have independent and
severable status for the determination oflegality, so that if any separate division is determined to be
void or unenforceable for any reason, such determination shall have no effect upon the validity or
enforceability of each other separate division, or any combination thereof.
18.5 This Agreement shall be construed and governed by the laws of the state in which
the Pipeline and Crossing are located.
18.6 If any amount due pursuant to the terms of this Agreement is not paid by the due
date, it will be subject to Licensor's standard late charge and will also accrue interest at eighteen
percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted.
18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including
attorney's fees) incurred by Licensor for collecting any amount due under the Agreement.
18.8 The provisions of this License are considered confidential and may not be
disclosed to a third party without the consent of the other party(s), except: (a) as required by
statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an
auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to
Lessees of Licensor's land and/or track who are affected by the terms and conditions of this
Agreement and will maintain the confidentiality of this Agreement.
18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes paid
in advance; PROVIDED, however, such refund shall not be made when the cumulative total
involved is less than One Hundred Dollars ($100.00).
19. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[ X ] Telecommunication Cable or Fiber Optic line
CSXT Form 20370 - Page 12
Revised March, 2005 "
Agreement No. CSX-048733
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
(each of which shall constitute an original) as of the effective date of this Agreement.
Witness for Licensor:
CSX TRANSPORTATION, INC.
By:
PrintfType Name:
PrintfType Title:
Witness for Licensee:
CITY OF CLEARWATER
By:
Who, by the execution hereof, affirms that he/she
has the authority to do so and to bind the Licensee
to the terms and conditions of this Agreement.
PrintfType Name:
Print/Type Title:
Tax ID No.
Authority under Ordinance or
Resolution No.
dated
l"
COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
1. No construction of any type pursuant or related in any way to this Agreement shall
be commenced by Licensee, or by any agent, representative, contractor, subcontractor of Licensee,
without Licensee first giving at least thirty (30) days written notice to the following Parallel Cable
Occupier(s):
("MCI")
ATTN: Investigations
Mr. Dean Boyers
WorldcomIMCI Telecommunications Corporation
2400 North Glenville Drive
Richardson, TX 75082-4354
Phone No. (800) 624-9675
or (972) 729-6016
(NOTE: WRITTEN NOTICE TO MCI IS ALSO REQUIRED)
2. The notice shall be accompanied by drawing(s) showing the general plan, elevation,
details and methods of Licensee's proposed construction, and the location ofOccupier(s)' cable or
facilities in relation to Licensee's proposed construction.
3. Prior to any construction, Licensee must locate and identify, any existing cable,
wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing or
located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk.
4. Any changes, alteration, relocation or protection ofwire(s), cable(s) or facilities of
such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as
otherwise negotiated between Licensee and said Occupier(s).
5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting,
dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from
Licensee's exercise of rights or privileges under this Agreement.
6. Licensee shall defend, indemnify and hold Licensor harmless from any such
damage claims and any relocation or protection costs of said Occupier(s).
CSX TRANSPORTATION, INC.
Licensor:
(Initial)
(Date)
CITY OF CLEARWATER
Licensee:
(Initial)
(Date)
~
.
.
APPLICATION POll PIPELINE CROSSING OR. PARALLBLIN<f ~~~ ~ .~ ~ n \\fl re m
. PROPERTIES AND TRACK i .J). ..~ ~ l:::I U \!J ~
Submit 0IlC "';';':__1 ml ODe l"nnv ofbotb die -licationaud .t.-.I"-alcma with a $7S0.oo i ; r-':\ ;
-...- -r, ...... -...... . IT'
IIOIInfudUle AppIicatiGa Fee to CSX TI'IDIpOI1atiOl1, PIoperty Servicel1180, SOO Watw J Ui MAY 2 2005
Street, JadmonviUe, FL 32202.
Application and p~ DJIIIt be 8ppIOwcI ad wriUla autbority received fiom tile RaiJroad CSX TRM!S?ORTATiCN
CODStruCtion is bepn.. Your proposal and COIIItrUcIioD IIIUIt be in aecordaace with CSX1". PROP~RiY SERVICES
SpecifiCatiom and ID)' current JOVem.iDa Iawa or fl9l1atiou. Note: Specific8tUm . m
tbeAppljcadon PacJcase are to be used u a guidcJiDe only. CSXT reserves the risht to approw
or decline IDYapplication.
.--. t
..
" .. . .
FORM CSXT 7455 - Rev. 1101105 (Page 1 oi'2)
PI~~"'~E S.-,f;N BD'QRJ: COMPLETING:
Aareemeut No.: rJ OX'iJ lj tr7 33
I at1irin ~ information lam tbrQjM~ in this applicatioD wiD comply with tile c:um:m ax ~J govemiag
no or~.............,........... JIIOpGoocI ~ 111- u. J.. i>r
SigDatuie: , '. ..... Application Date: =d!- ., ~
'ed'OWDer IDformation
o 0Ieck here if IpleIIIeat sbou1d be mailed to this ackkeu
1; Complete Leal N81118 of 8DDHcant u it would IDDMr in a leal ~t a.~blln'.I'IU..D will "'y
your rea....'j .
. ..... .' . .. . City of Oearwater
. '2.. CoIQpany Contact Name: Michael Qa8Iea. P.E.
Title:.' City EDldDeer
3. TeJepboDo: <m 562-474.1 Fa: ClaZ)SCi2-47S5 E-Mail: IDQaUlentildeanvater-o.colD .
CoiDpaay Bmerpncy Contact Number (ia cue of darRilmeat. pipe failure, etc.):
4. S1reet~: 100 S. Mvrtle Avenne #200 . . City: Oearwater State: FL Zip: 33637
S.. TYpItofbuliDeu:." .' .'. .... '.. .' .
o .CoIporation (State ofincatpoDtioai .' }
. 0 Pumenbip (1)pe ad S1ite ofPiu:taenbip }
o IDdIvidual 0 neve . ]I MuDi . 0 0Cbar
6.
7.
8.
9.
D Cbeck here if apecmeot sboulcI be mailed to this addreu
.ect lnfOrmati (NtJIc M.nel.,..,." will JYJlI.1M tl<<9*iL)
10, & Ibis ~ 0 N... [] Reriaimo to ~ [] ..::-~~ J( \1pJpade to fllliatiq
II. Ifnot.DeW iDltaUatiClD, 1bmish aistiDa Aareemeot Number:~... N ~
12. Ifdu. iDltalJation is to be a supplement to your...... (aeaenl) ~ ~ .
AsrMDent Number: Date:
13. Your R.ofenIlce Number. 03-0OJO-EN
14. WOIk to be performed by:
o Applicant'. employea Is Applicant ID Aesis member? 0 Yea 0 No
. Contractor Con1nctor Name: TBD
IS. TOwDLocation: 'ei.... .....r Couaty: PlDeOu StateIProviDce: FL
(Form CODtinuecl on Pap 2)
,-
.~
FORM CSXT74SS - Rev. 1/01105 (Pap 2 on)
(! '1r: D '1 ~:5;1
eel lDformatioaCout'd
16. Product to be Coawyed: Stormwater
TemperaturO: AmbleDt .
17. 1.fJtwinnlft1 WoddaaPnliUre: N/A
18. ~ ofShul-offVahea: N/A
.19. Numbm': [] Manholea_ . Otber(cIeIc:ribe) Q) 36" RCP'. (n... ~
to be Iocatecl witbia RaiIrOBd coaidclr. .............. be ..... with tep .,.... ad dim......
ollllCillm'y ItractnnI .... nqalnd o. dnwbt&-
20. DiliImco tom mBabolellotber to ~ trICk:
21; ADgIe.ofCroufD&: 91)0 Number ofTncb to be cmaed: 2
22. PIP. SPECD'IC4T10NS: CAlIIlnr.a PIPE:
Material . .' Reiaforeed eo.crete
Material ~catioDa ct Gnde CIus V
MiniMUm Yield Streaath of Material PSI 3000
1D,si.~ 36"
. WUl Tbi~8 4" .' .
.,()utsido Di8meter. 44"
'.' TYPe ofgeam .'
KiDd of JointS .
TObIl ~ Within Railroadww
..1'uQDeJins (Liner Plates) . Noll:
Flammable: 0 Yes ]I No
Field Teat rr.ure:
Type Test:
CASING PIPE:
. V....: Number' Si2e
Sa: C ODe End C Both BDds
Burydeptb: Due ofrail totopofcuiDa: 3 . feet 10
" Not bcaea1b tnIcb: feet iDcbea
'. '. '" . (Below cti...) 0 ,., 0 iDcbea
CatbodicProtccticm: [] Yea ~o PIotecd.ve Cnati"s: [] Yea (kiDd) . No
. 23., MotbOcI,oIi...,.llItioa:Jaek" re (Note: DiPcdoaaI boriDa iI prohibited; see spcic:I) '.
24; >Lcatioa ofbadDa pita fIaD ICtiaceaI trICk @ 9QO: Lin-hina Pit 18 ft., R.eceiviq Pit: 17 ft.
25. T~.y track support 01' ripnppiDa nquhcI'1 a YOI . No (DeIc:ribe aad DetIil OIl Drawina)
26. WUeI; poles, ob8fructioas tON re~ 0 YOI 1I No (DeIcribe ad DeIai1 OIl DrawiD&)
27. Is tbia both. en.ma ad PIraJIe1ism? C YOI II No '. .
28. CIoiIiDI Joc:8tioD: 156' .' . . feet N (directiao) 1iom RaiIro8d Milepoll: 883
If~: V.hllttiOll StatioD::.; .' VMaatiOD Map Number:
IfbOWI1:Lati~:. .
ifbOtiVD: SfreetA4drea of~ N. of the IatenectIo. ofWoodIawa St." RR
29. ~eJUm location: Beginnm,; feet (direc:tioa) from RR Milepost:
.. R~ . feet (directiOD)6omRRMiIepost:
30. ImIlJeaath DB RaiIm8d R1W: 50 ft. ~ Crouma: CiO ft. l_atb Parallelins:
31. WillIiDe be 1MIti1l'!\y within. public m.d RIW? a YOl . No DOTJAAR. CmuiDa No.:
..lfyou 1DIW.m)'Ol, m.d II8IDO, DUIIIbcIr, IDcI width ofpubtic riaht-of-way are ....aInd on drawins
32. a) Will thia occupucy CCIImeCt to ID ~I &ci1ity wilbia RaiIIOecI ccmidor? YOI 0 No
b IfY"JlllDefilcility~. of Clearwater.
TOBpe " Groove
47Lll'
Att.d _.D~..... detaD ad CO_D"".g flli.t.
IW!I~". ala. tII~_ ad ......
Ifeiabt abow pouad
inches
No. of Cmuia..: 'f
RoacIm8ater No.:
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rr,w.4l'WI''''
CSZ:
TRANSPORTATION
Mark E. Adkins
Specialist
Contract Adminstration
;!lSg=)J6-Y,
~: \d'\
500 Water Street, SC 1180
Jacksonville, FL 32202-4423
(904) 359-3327
FAX: (904) 359-3665
E-Mail: Mark_Adkins@csx.com
June 15,2005
CSX Agreement No. CSX-048892
Customer Reference No,: 03-0030-EN
Mr. Michael D. Quillen, P.E.
City Engineer
City of Clearwater
100 South Myrtle Avenue, Suite 200
Clearwater, FL 33637
Re: Installation ofpipeline(s) in Belleair, Florida,
Dear Mr. Quillen:
We have reviewed your application( s), and proposed Agreements are attached, After carefully
reviewing the attached Agreement Checklist, please arrange for execution and return all originals of the
Agreement to my attention at the address shown above, They will be executed on behalf of CSXT and an
original will be returned to you for your records,
Additionally, your installation may affect an existing fiber optic parallelism/longitudinal located
on Railroad right-of-way, Therefore, you must also give notification in accordance with the
"Communication Cable or Fiber Optic Protection Rider."
Please notice additional information is needed for the "Notice" provision of the Agreement, which
identifies emergency contact information for both parties of the Agreement. This should be a number by
which someone can be contacted should an emergency arise outside of normal business hours,
In order to provide you with the quickest turnaround time possible, it is important that you provide
all of the required items highlighted on the attached Agreement Checklist.
Please understand that the volume of requests received by this office will not alIow us to manage
any file for an indefinite period. If a response is not received by July 10, 1005, your silence will be
interpreted as an indication that your intentions have changed, and that you no longer desire to
proceed with your occupancy - after which, your file will be closed. An additional application fee will
be required to re-activate your file once it has been closed,
Your prompt response is appreciated, Thank you for your cooperation.
Attachment
Very truly yours,
tfL~
00
JIlT.
00
CllY Of ClEARWATER
.ueu AOMINISTRATIOII
~
AGREEMENT CHECKLIST
Agreement Number: CSX-048892
Please perform the following when executing the attached instrument
X Sign the signature page in order to execute the agreement. One of the following should apply:
Execution on behalf of a CORPORATION should be accomplished by the President, Vice President or an officer
authorized by Board Resolution to execute legal documents on behalf of the Corporation. (CODV of Board Authorization
should be furnished for anvone sianina. other than the President or Vice President.) If the Corporate name is set out
erroneously in the Agreement, the document should be executed and the name corrected and initialed where it appears.
(Municipal Corporation, furnish copy of such Resolution,)
If Agreement is with an INDIVIDUAL, that individual should sign the Agreement exactly as the name is set out in the
caption of the Agreement. If the name is set out erroneously in the Agreement, the document should be executed and
the name corrected and initialed where it appears,
If the Agreement is with a PARTNERSHIP, all general members of the partnership should execute the document unless
one member of the firm has been designated managing partner or expressly by the partnership to execute the
Agreement. (Furnish copy of such authority,) .
X The signature(s) must be WITNESSED by ONE (1) witness in the space(s) provided.
X NAME(S) and TITLE(S) of person(s) executing the agreement must be typed or printed in ink directly beneath
signature(s),
.x. Social Security Number is required if Agreement is with an INDIVIDUAL, If Agreement is with other than an
INDIVIDUAL, a Tax Identification Number Is required.
.x Fumish Certificate of Insurance which states "CSX TransDortation, Inc. as additional insured," which is required
under the INSURANCE Article, to Speed Code J180, 500 Water Street, Jacksonville, FL 32202. Questions regarding
the insurance requirements should be directed to CSXTs Mr. W. D. Tyler, Manager Risk Management (904) 366-5090.
.x Initial and date each rider attached to the document following the signature page.
X In returning the Agreement, please furnish the following fee(s) set out in the Article(s) described within the Agreement:
One-Time License Fee (refer to FEE's Article)
Railroad Protective Liability Insurance (refer to INSURANCE Article)
$500.00
$825.00
$1,325.00
TOTAL DUE
* If because of State Statute/Law you cannot meet the monetary coverage limits required in Section 10,1. of the Agreement,
you must pay the total due listed above, which includes a 50% surcharge, in the amount of $275.00, towards the RPL
payment. If you can meet the monetary requirements of Section 10,1, you may reduce the total amount due by $275.00.
Payment of the surcharge does not waive Section 10.1, it only compensates for less than required monetary coverage. You
will still need to provide insurance documentation in accordance with Section 10.1.
.........
..
--
~~
CSXT Form 2537G - Page 1
Revised March, 200S "
Agreement No. CSX-048892
PIPELINE LONGITUDINAL OCCUPANCY AGREEMENT
THIS AGREEMENT, Made and effective as of June 15,2005, by and between CSX
TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street,
Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF CLEARWATER, a
municipal corporation, political subdivision or state agency, under the laws of the State of
Florida, whose mailing address is 100 South Myrtle Avenue, Suite 200, Clearwater, Florida
33637, hereinafter called "Licensee, I' WITNESSETH:
WHEREAS, Licensee desires to construct, use and maintain a pipeline, solely for the
transmission of stormwater, hereinafter called "Pioeline." along the rail corridor, right of way and
property owned or controlled by Licensor at or near Belleair, County of Pin ell as, State of Florida,
paralleling Railroad's trackage, beginning at Valuation Station 3134+18, Milepost ARE-883.20,
and extending to Valuation Station 3135+32, Milepost ARE-883.22, Clearwater Subdivision,
including necessary aerial or subterranean crossing(s), hereinafter called the "Occuoancy." as
. shown on print of Licensee's Drawing MA048892, dated March 1, 2004, last revised
June 14,2005, attached hereto and made a part hereof; other details and data pertaining to said
Pipeline being as indicated on Licensee's Application Form, dated March 24, 2005, also attached
hereto and made a part hereof;
NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and
agreements herein contained, the parties hereto agree and covenant as follows:
1. LICENSE:
1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority
to do so, and its present title permits, and subject to:
(A) Licensor's present and future right to occupy, possess and use its property
within the area of the Occupancy for any and all purposes;
(B) All encwnbrances, conditions, covenants and easements applicable to
Licensor's title to or rights in the subject property; and
(C) Compliance by Licensee with the terms and conditions herein contained;
does hereby grant to Licensee the nonexclusive license and permission to construct, maintain,
repair, renew, operate, use, alter or change said Pipeline in the Occupancy above solely for the use
stated above, for the term herein stated, and to remove same upon termination.
1.2 The term Pioeline, as used herein, shall include only the pipes, ducts, casing, vents,
manholes, connectors, fixtures, appliances and ancillary facilities devoted exclusively to the
transmission usage above within the Occupancy, and as shown on attached Application Form.
........
:. -
I:.
CSXT Form 2537G - Page 2
Revised March, 2005 "
Agreement No. CSX-048892
1.3 No additional pipeline or other facilities shall be placed, allowed or maintained by
Licensee in, upon or along the Occupancy except upon separate prior written consent of Licensor.
2. LICENSE FEE; TERM:
2.1 In lieu of annual payments and in consideration of Licensor's waiver of future fee
increases, Licensee shall pay Licensor a one-time nonrefundable License Fee of FIVE HUNDRED
AND 00/100 U.S. DOLLARS ($500.00) upon execution of this Agreement. Licensee agrees that
the License Fee applies only to the original Licensee under this Agreement. In the event of a
. successor (by merger, consolidation, reorganization and/or assignment) or if the original
Licensee changes its name, then Licensee shall be subject to payment of Licensor's current
administrative and docwnent preparation fees for the cost incurred by Licensor in preparing and
maintaining this Agreement on a current basis.
2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or
reimburse Licensor), any additional annual taxes and/or periodic assessments levied against
Licensor or Licensor's property solely on account of said Pipeline or Occupancy.
2.3 This Agreement shall terminate (1) June 14,2030, or (2) as herein provided, but
shall also tenninate upon (a) Licensee's cessation of use of the Pipeline or Occupancy for the
purpose(s) above, (b) removal of the Pipeline (c) subsequent mutual consent, and/or (d) failure of
Licensee to complete installation within 5 (five) years from the effective date of this Agreement.
2.4 In further consideration for the license or right hereby granted, Licensee hereby
agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the
cost of the installation of said Pipeline and appurtenances, and/or maintenance thereof, or for any
public works project of which said Pipeline is a part.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove
said Pipeline, in a prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor, (A.R.E.M.A. Specifications), Licensee's
particular industry, and/or any governmental or regulatory body having jurisdiction over the
Occupancy or Pipeline.
3.2 Location and construction of Pipeline shall be made strictly in accordance with
design(s) and specifications furnished to and approved by Licensor and of the materia1(s) and
size(s) appropriate for the purpose(s) above recited.
3.3 All Licensee's work and exercise of rights hereunder shall be undertaken so as to
eliminate or minimize any impact on or interference with the safe use and operation of Licensor's
property and appurtenances thereto.
.1 '~t
CSXT Form 25370 - Page 3
Revised March, 2005 "
Agreement No. CSX-048892
3.4 In the installation, maintenance, repair or removal of said Pipeline, Licensee shall
not use explosives of any type or perform or cause any blasting without the separate express
written consent of Licensor. As a condition to such consent, a representative will be assigned by
Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or
expense of furnishing said monitor. .
3.5 Any repairs or maintenance to Pipeline, whether resulting from acts of Licensee, or
natural or weather events, which are necessary to protect or facilitate Licensor's use of its property,
shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has
notice as to the need for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment
and/or employees from damage or injury, may request immediate repair or renewal of the Pipeline,
and if the same is not performed, may make or contract to make such repairs or renewals, at the
sole risk, cost and expense of Licensee.
3.7 Neither the failure of Licensor to object to any work done, material used, or method
of construction or maintenance of said Occupancy, nor any approval given or supervision
exercised by Licensor, shall be construed as an admission ofliability or responsibility by Licensor,
or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee
under this Agreement.
3.8 All work on the Occupancy shall be conducted in accordance with Licensor's safety
rules and regulations.
3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including
losses resulting from train delays and/or inability to meet train schedules) arising from any failure
of Licensee to make, or from improper or incomplete, repairs or maintenance of Pipeline,
4. PERMITS, LICENSES:
4.1 Before any work hereWlder is performed, or before use of the Occupancy for the
contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s)
(including but not limited to zoning, building, construction, health, safety or enviromnental
matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall
conform and limit its activities to the terms of such permit( s), approval( s) and authorization( s), and
shall comply with all applicable ordinances, rules, regulations, requirements and laws of any
governmental authority (state, federal or local) havingjurisdiction over Licensee's activities,
including the location, contact, excavation and protection regulations of the Occupational Safety
and Health Act (OSHA) (20 CFR 1926.651(b), et al.), and State "One Call" -"Call Before You
Dig" requirements.
. 4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or
. approva1(s), any violations thereof, or for costs or expenses of compliance or remedy.
'.
"
CSXT Form 2537G - Page 4
Revised March, 2005 "
Agreement No. CSX-048892
5. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation or maintenance upon Li~ensor's
property, Licensee, at its sole cost and expense, shall:
(A) Support track(s) and roadbed in a manner satisfactory to Licensor;
(B) Backfill with satisfactory material and thoroughly tamp all trenches to
prevent settling of surface of land and roadbed of Licensor; and
(C) Either remove any surplus earth or material from Licensor's property or
cause said surplus earth or material to be placed and distributed at location(s) and in such manner
as Licensor may approve.
5.2 After construction or maintenance of Pipeline, Licensee shall:
(A) Restore said track(s), roadbed and other disturbed property; and
(B) Erect, maintain and periodically verify the accuracy of aboveground
IIiarkers, in a form approved by Licensor, indicating the location, depth and ownership of Pipeline
or related facilities.
. 5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or
subjacent support in the Occupancy area for a period of three (3) years after completion of
instalhltion.
6. TRACK CHANGES:
6.1 In the event that rail operations and/or track maintenance result in changes in grade
or alignment of, additions to, or relocation oftrack(s) or other facilities, or in the event future use
of Licensor's right-of-way and property necessitate any change oflocation, height or depth of
Pipeline or Occupancy, Licensee, at its sole cost and expense and within thirty (30) days after
notice in writing from Licensor, shall make changes in Pipeline or Occupancy to accommodate
such track(s) or operationS.
6.2 If Licensee fails to do so, Licensor may make or contract to make such changes, at
Licensee's cost.
7. PIPE CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height of Pipeline and
Occupancy in relation to the existing track(s) and facilities, and shall relocate Pipeline or change
Occupancy, at Licensee's expense, should such relocation or change be necessary to comply with
the minimum clearance requirements of this Agreement or of any public authority.
... '~
CSXT Fonn 2537G - Page 5
Revised March, 2005 fi!1
Agreement No. CSX-048892
7.2 If Licensee undertakes to revise, renew, relocate or change all or any part of
Pipeline (including any change in circwnference, diameter or radius of pipe or carrier pipe, change
in pipe operating pressure, or change in materials transmitted in and through said pipe), or is
required by any public agency or court order to do so, plans therefor shall be submitted to Licensor
for approval before any such change is made. After approval, the tenns and conditions of this
; Agreement shall apply thereto.
8. INTERFERENCE WITH RAIL FACILITIES:
8.1 Although the Pipeline/Occupancy herein permitted may not presently interfere with
. Licensor's railroad operations or facilities, in the event that the operation, existence or maintenance
of said Pipeline, in the sole judgment of Licensor, causes: (a) interference (physical, magnetic or
otherwise) with Licensor's communication, signal or other wires, powerlines, train control system,
or other facilities; or (b) interference in any manner with the operation, maintenance or use of the
. right-of-way, track(s), structures, pole lines, devices, other property, or any appurtenances thereto;
then and in either event, Licensee, upon receipt of written notice from Licensor of any such
interference, and at Licensee's sole risk, cost and expense, shall promptly take such remedial action
. or make such changes in its Pipeline as may be required in the judgment of Licensor to eliminate
all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract
to do so, at Licensee's sole cost.
8.2 Without asswning any duty hereunder to inspect Licensee's Pipeline, Licensor
hereby reserves the right to inspect same and to require Licensee to undertake necessary repairs,
maintenance or adjustments to Pipeline, which Licensee hereby agrees to make promptly, at
Licensee's sole cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
9.1 Licensee hereby assumes, and, to the fullest extent pennitted by State law
(Constitutional or Statutory, as amended), shall defend, indemnify, and hold Licensor harmless
from and against any and all liability, loss, claim, suit damage, charge or expense which Licensor
may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any
person whomsoever (including officers, agents, employees or invitees of Licensor), and for
damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or
in any way connected with the construction, repair, maintenance, replacement, presence,
existence, operations, use or removal of Pipeline or any structure in connection therewith, or
restoration of premises of Licensor to good order or condition after removal, EXCEPT when
proven to have been caused solely by the willful misconduct or gross negligence of Licensor.
HOWEVER, to the fullest extent permitted by State law, during any period of actual
construction, repair, maintenance, replacement or removal of Pipeline, wherein agents,
equipment or personnel of Licensee are on the railroad right-of-way, Licensee's liability
hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of
Licensor.
'._ I I
CSXT Form 2537G - Page 6
Revised March, 2005 "
Agreement No. CSX-048892
9.2. Use of Licensor's right-of-way involves certain risks ofloss or damage as a result of
the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of loss and
damage to Licensee's Property or Pipeline in, on, over or under the Occupancy, including loss of or
any interference with use or service thereof, regardless of cause, including electrical field creation,
fire or derailment arising out ofrail operations. For this Section, the term "Licensee's Property"
shall include pipe contents as well as property of third parties situated or placed upon Licensor's
right-of-way by Licensee or by such third parties at request of or for benefit of Licensee.
9.3 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss which
may result from Licensee's failure to maintain either the Pipeline or the required depth and
encasement for Pipeline.
9.4 To the extent permitted by State law, as above, Licensee assumes all responsibility
for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all claims, costs and
expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden
pollution of air, water, land and/or ground water on or off the Occupancy area, arising from or in
connection with the use of this Occupancy or resulting from leaking, bursting, spilling, or any
escape of the material transmitted in or through said Pipeline; (b) any claim or liability arising
under federal or state law dealing with either such sudden or nonsudden pollution of air, water,
land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure
of lateral or subjacent support of the tracks arising from such leakage.
9.5 Obligations of Licensee hereunder to defend, indemnify and hold Licensor
hannless shall also extend to companies and other legal entities that control, are controlled by,
subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the right-
of-way on which the Crossing is located, and their respective officeIS, agents and employees.
9.6 If a claim is made or action is brought against either party, for which the other party
may be responsible hereunder, in whole or in part, such other party shall be notified and permitted
to participate in the handling or defense of such claim or action.
L
'., '!,
CSXT Form 2537G - Page 7
Revised March, 2005 "
Agreement No. CSX-048892
10. INSURANCE:
10.1 Prior to commencement of surveys, construction or occupation of Occupancy
pursuant to this Agreement, Licensee shall procuret and shall maintain during the continuance of
this Agreement, at Licensee's sole cost and expense, a policy of Commercial General Liability
Insurance (CGL). naming Licensor, and/or its designee, as additional insured and covering liability
assumed by Licensee under this Agreement. A coverage limit of not less than THREE MILLION
AND 00/100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per occurrence for bodily
injury liability and property damage liability is currently required as a prudent minimum to protect
Licensee's assumed obligations. The evidence of insurance coverage shall be endorsed to provide
for thirty (30) days' notice to Licensor, or its designee, prior to cancellation or modification of any
policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code 1180,
500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to Speed Code
C907 at the address listed above.
10.2 If said CGL policy does not automatically cover Licensee's contractual liability
during periods of survey, construction, maintenance and continued occupation, a specific
endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written
on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate
time for reporting losses. Failure to do so shall be at Licensee's sole risk.
10.3 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to
State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability arising
under this Agreement, under a funded program of self-insurance, which fund will respond to
liability of Licensee imposed by and in accordance with the procedures established by law.
10.4 Securing such insurance shall not limit Licensee's liability under this Agreement,
but shall be additional security therefor. '
10.5 Specifically to cover construction and/or demolition activities within fifty feet
(50') of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(s),
roadbed, overpass or underpass, Licensee shall first procure, at Licensor's current rate at time of
request, Railroad Protective Liability (RPL) insurance from Licensor to cover the cost of adding
this Crossing, or additional construction and/or demolition activities, to Licensor's Railroad
Protective Liability (RPL) Policy for the period of actual construction. This coverage is offered
at Railroad's discretion and may not be available under all circumstances.
11. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construed to permit Licensee, or any contractor
of Licensee, to move any vehicles or equipment over the track(s), except at public road crossing(s),
without separate prior written approval of Licensor (CSXT Form 7422).
, , . ~!
CSXT Form 25370 - Page 8
Revised March, 2005 "
Agreement No. CSX-048892
11.2 If Licensor deems it advisable, during the progress of any construction,
maintenance, repair, renewal, alteration, change or removal of said Pipeline, to place watchmen,
flagmen, inspectors or supervisors at the Occupancy for protection of operations of Licensor or
others on Licensor's right-of-way, and to keep persons, equipment and materials away from the
,
track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be
liable for failure to do so.
11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and
existing labor agreements, Licensee may provide such flagmen, watchmen, inspectors or
supervisors, during all times of construction, repair, maintenance, replacement or removal, at
. Licensee's sole risk and expense; and in such event, Licensor shall not be liable for the failure or
neglect of such watchmen, flagmen, inspectors or supervisors.
12. LICENSOR'S COSTS:
12.1 Any additional or alternative costs or expenses incurred by Licensor to
accommodate Licensee's continued use of Licensor's property as a result of track changes or pipe
changes shall also be paid by Licensee.
12.2 Licensor's expense for wages ("force account" charges) and materials for any work
performed at the expense of Licensee pursuant hereto, shall be paid by Licensee within thirty (30)
days after receipt of Licensor's bill therefor, subject to Licensee's budgetary rules. Licensor may, at
its discretion, request an advance deposit for estimated Licensor costs and expenses.
12.3 Such expense shall include, but not be limited to, cost of railroad labor and
supervision under "force account" rules, plus current applicable overhead percentages, the actual
cost of materials, and insurance, freight and handling charges on all materials used. Equipment
rentals shall be in accordance with Licensor's applicable fixed rate(s). Licensor may, at its
discretion, require advance deposits for estimated costs of such expenses and costs.
13. DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this Agreement shall be
deemed of the essence thereof, and in the event Licensee shall fail or refuse to fully and completely
perform any of said covenants or to remedy any breach, within thirty (30) days after receiving a
written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a
railroad emergency), Licensor shall have the option of revoking this Agreement, and the privileges
and powers hereby conferred, regardless of license fee(s) having been paid in advance for any
annual or other period. Upon such revocation, Licensee shall make removal in accordance with
Article 14.
13.2 Any waiver by Licensor of any breach of covenant or condition shall not be
construed as a pennanent waiver of such covenant or condition, or any subsequent breach thereof,
unless such covenant or condition is permanently waived in writing by Licensor.
CSXT Form 2537G - Page 9
Revised March, 2005 {(J
Agreement No. CSX-048892
14. TERMINATION, REMOVAL:
14.1 All rights which Licensee may have hereunder shall cease upon (a) termination,
(b) revocation, (c) subsequent agreement, or (d) Licensee's removal of Pipeline from the
Occupancy. However, neither the termination nor revocation of this Agreement shall affect any
claims and liabilities which may have arisen or accrued hereunder, and which at the time of
termination or revocation have not been satisfied; neither party, however, waiving any third party
defenses or actions.
14.2 Within thirty (30) days after revocation or termination, Licensee at its sole risk
and expense, shall (a) remove Pipeline from the right-of-way of Licensor, unless the parties
hereto agree otherwise, (b) restore property of Licensor in a manner satisfactory to Licensor, and
(c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal.
15. NOTICE:
15.1 Licensee shall give Licensor's Division Engineer (Jacksonville Division, 6735
South point Drive, J-390, Building II, Jacksonville, FL 32216) at least thirty (30) days written notice
before doing any work on Licensor's right-of-way, except that in cases of emergency shorter notice
may be given to said Division Engineer. The rail operations emergency phone number for Licensor
is: 1-800-232-0144. The emergency phone number for Licensee is:
,27. &62-- '1")~'"
15.2 All other notices and communications concerning this Agreement shall be
addressed to Licensee at the address shown on Page 1, and to Licensor at the address shown on
Page 1, c/o CSXT Contract Administration J180; or at such other address as either party may
designate in writing to the other.
15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and
sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be
effective upon (a) actual receipt, or (b) date of refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights herein conferred are the privilege of Licensee only, and Licensee shall
obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said
consent shall not be unreasonably withheld.
16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective successors or assigns.
16.3 Licensee shall give Licensor notice of any legal succession (by merger,
consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a
copy of documents attesting to such change or legal succession, within thirty (30) days thereof.
CSXT Form 2537G - Page 10
Revised March, 2005 ((J
Agreement No. CSX-048892
16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part,
to any grantee,lessee, or vendee of Licensor's underlying property interests in the Occupancy,
upon notice thereof to Licensee.
16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or
encwnbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its
option, may revoke this Agreement by written notice to Licensee or any such assignee; and
Licensee shall reimburse Licensor any loss, cost or expense incurred by Licensor as a result of
Licensee's failure to obtain said written consent.
17. TITLE:
17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-of-
. way and rail corridors under all forms and qualities of ownership rights or facts, from full fee
simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be
deemed to act as any warranty, guaranty or representation of the quality of Licensor's title for any
particular Right-of-Way in Crossing(s) occupied, used or enjoyed in any manner by Licensee
. under any rights created in this Agreement. It is expressly understood that Licensor does not
warrant title to any Right-of-Way in the Occupancy, and Licensee will accept the grants and
privileges contained herein, subject to all lawful outstanding existing liens, mortgages and superior
rights in and to the Right-of-Way, and all leases, licenses and easements or other interests
previously granted to others herein.
17.2 The term "license," as used herein, shall mean with regard to any portion of the
Right-of-Way which is owned by Licensor in fee simple absolute, or where the applicable law of
the State where the Occupancy is located otherwise permits Licensor to make such grants to
Licensee, a "permission to use" the Right-of-Way, with dominion and control over such portion
of the Right-of- Way remaining with Licensor, and no interest in or exclusive right to possess
being otherwise granted to Licensee. With regard to any other portion of Right-of- Way ,
occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives
its exclusive right to occupy the Right-of-Way and grants no other rights whatsoever under this
Agreement, such waiver continuing only so long as Licensor continues its own occupation, use
or control. Licensor does not warrant or guarantee that the license granted hereunder provides
. Licensee with all of the rights necessary to occupy any portion 'of the Right.;of- Way. Licensee
further acknowledges that it does not have the right to occupy any portion of the Right-of-Way
held by Licensor in less than fee simple absolute without also receiving the consent of the
owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim
any interest in the Right-of-Way that would impair Licensor's existing rights therein.
17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and
absolutely waives its right to, any claim against Licensor for damages on account of any
deficiencies in title to the Right-of-Way in the event of failure or insufficiency of Licensor's title to
any portion thereof arising from Licensee's use or occupancy thereof.
.,
CSXT Form 2537G - Page 11
Revised March, 2005 "
Agreement No. CSX-048892
17.4 Licensee agrees to fully and completely indemnify and defend all claims or
litigation for slander of title, overburden of easement, or similar claims arising out of or based upon
Licensee's facilities placement, or the presence of Licensee's facilities in, on, or along Occupancy,
including claims for punitive or special damages.
17.5 Licensee shall not at any time own or claim any right, title or interest in or to
. Licensor's property occupied by the Occupancy, nor shall the exercise of this Agreement for any
length of time give rise to any right, title or interest in License to said property other than the
license herein created.
18. GENERAL PROVISIONS:
18.1 This Agreement, and the attached specifications, contains the entire understanding
between the parties hereto.
18.2 Neither this Agreement, any provision hereof, nor any agreement or provision
included herein by reference, shall operate or be construed as being for the benefit of any third
person.
18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither the
form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or
against either party hereto as the sole drafter thereof.
18.4 1bis Agreement is executed under current interpretation of applicable federal, state,
county, municipal or other local statute, ordinance or law. However, each separate division
(paragraph, clause, item, term, condition, covenant or agreement) hereof shall have independent
and severable status for the determination of legality, so that if any separate division is determined
to be void or unenforceable for any reason, such determination shall have no effect upon the
validity or enforceability of each other separate division, or any combination thereof.
18.5 This Agreement shall be construed and governed by the laws of the state in which
the Pipeline and Occupancy are located.
18.6 If any amount due pursuant to the terms of this Agreement is not paid by the due
date, it will be subject to Licensor's standard late charge and will also accrue interest at eighteen
percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted.
18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including attorney's
fees) incurred by Licensor for collecting any amount due under the Agreement.
CSXT Form 25370 - Page 12
Revised March, 2005 "
Agreement No. CSX-048892
18.8 The provisions of this License are considered confidential and may not be disclosed
to a third party without the consent of the other party(s), except: (a) as required by statute, regulation
or court order, (b) to a parent, affiliate or subsidiary company, (c) to an auditing firm or legal
counsel that are agreeable to the confidentiality provisions, or (d) to Lessees of Licensor's land
and/or track who are affected by the terms and conditions of this Agreement and will maintain the
confidentiality of this Agreement.
18.9 Licensor shall refund to Licensee any oveIpayments collected, plus any taxes paid in
advance; PROVIDED. however, such refund shall not be made when the cumulative total involved
is less than One Hundred Dollars ($100.00).
19. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[ X ] Telecommunication Cable or Fiber Optic line
CSXT Form 25370 - Page 13
Revised March, 2005 "
Agreement No. CSX-048892 "
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
(each of which shall constitute an original) as of the effective date of this Agreement.
. Witness for Licensor:
CSX TRANSPORTATION, INC.
By:
Printffype Name:
Printffype Title:
Witness for Licensee:
CITY OF CLEARWATER
By:
Who, by the execution hereof, affirms that he/she
has the authority to do so and to bind the Licensee
to the terms and conditions of this Agreement.
Printffype Name:
Printffype Title:
Tax ID No.
Authority under Ordinance or
Resolution No.
dated
L
COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
I. No construction of any type pursuant or related in any way to this Agreement shall
be commenced by Licensee, or by any agent, representative, contractor, subcontractor of Licensee,
without Licensee first giving at least thirty (30) days written notice to the following Parallel Cable
Occupier(s ):
("MCI")
A TIN: Investigations
Mr. Dean Boyers
Worldcom/MCI Telecommunications Corporation
2400 North Glenville Drive
Richardson, TX 75082-4354
Phone No. (800) 624-9675
or (972) 729-6016
(NOTE: WRITTEN NOTICE TO MCI IS ALSO REQUIRED)
2, The notice shall be accompanied by drawing(s) showing the general plan, elevation,
details and methods of Licensee's proposed construction, and the location ofOccupier(s)' cable or
facilities in relation to Licensee's proposed construction.
3. Prior to any construction, Licensee must locate and identify, any existing cable,
wire or fiber optic line (including any appurtenances thereto) of said cable occupier( s) traversing or
located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk.
4. Any changes, alteration, relocation or protection ofwire(s), cable(s) or facilities of
such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as
otherwise negotiated between Licensee and said Occupier(s).
5, Licensee shall be solely responsible and liable for any damage to (e.g., cutting,
dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from
Licensee's exercise of rights or privileges under this Agreement.
6. Licensee shall defend, indemnify and hold Licensor harmless from any such
damage claims and any relocation or protection costs of said Occupier(s).
CSX TRANSPORTATION, INC.
Licensor:
(Initial)
CITY OF CLEARWATER
(Date)
Licensee:
(Initial)
(Date)
APPLICATION FOR PIPELINE CROSSING OR P ARAUELING L?-=:==--;5)
PROPBRTIBS AND TRACK
Submit one original and one copy of both the application aDd drawing along with a 5750.00 ~ f ~ g ~
~~~toCSXTIIII8pCIIfalioo~Scrvic:csJl80.SOOW_ :,:: ~~
:..~~ ?-
Application and plans must be approved and written authority received &om the Railroad before H.r.n f a:: f~~ ~
coDStruction is begun. Your proposal and coastructionlDU8t be in aceordance with CSXT's rg " ...../ ~ ~ ~
Specifications and any current goveming laws or JegUlatiODl. Note: Specificatioos fumisbed in /lr n I I
the Application Pacbge are to be used as a guideJiDe ouly. CSXT reserves the right to approve r-!, .... f---.J
Agreement No.: ('1 ~~~~:~ z.
........,
...
, \ \ .. , .
FORM CSXT 7455 - Rev. 1/01105 (Page 1 of2)
or decline any application.
PLEASE SIGN BEFORE COMPLETING:
I affirm the information I am furnishing in this application will comply with the CUII'alt CSX Standards, governing
laws or regu1ations~~~ the ~construction plans: ·
Sigoatuie: .. /~/~"'~ Application Date: 3- 2:~-OJ'"
. eel Owner Informati 0 Check here if agreement should be mailed to this address
1. Complete Letza1 NAmA of auolicant as it would 8DDe8r in a lepl docu.llU!llt llnac:elll'llte Information will delav
vour reauat):
City of Oearwater
2. Company Contact Name: Michael ~uillen. P.E.
Title: City Engineer
3. Telephone: tD:J.J 562-4743 Fa.: (727)562-4755 E-Mail: mqulllen@clearwater-n.com
Company Emergency Contact Number (in case of derai1m""t.. pipe failure, etc.):
4. S1reot Address: 100 S. Myrtle Avenue #200 City: Oearwater State: FL Zip: 33637
5. Type of business:
o Corporation (State of incorporation )
o Partnc.rsbip (Type and State ofPartnenbip )
o Individual 0 Developer II MuDicipality 0 Other
. eer/Consultant InfoDDBtiOD
o Check here if agreement should be mailed to this address
6. Company Name: Ayres Associates Inc.
7. COmpany Contact Name: Alex Ghatari. P.E.
8. Telephone: (au) 978-8688 Fax: <IW 978-9369
9. Street Address: ver k uite 200 City: Tam
Title: Project Manager
E-Mail: KhafarfA@AyresA88odates.com
State: Zip: 33637
. eel Informati (Note: Mellie Info11lUltlon willlYJlI 1M 1lCCt!J*t/.)
10. Is this installation: 0 New 0 Revision to existing 0 Attlchment to existing J( Upgrade to existing
II. If not a new installation, furnish existing Agreement Number: N/A
12. Iftbis installation is to be a supplement to your master (general) agreement, furnish:
Agreement Number: Date:
13. Your Reference Number: 03-0030-EN
14. Work to be performed by:
o Applicant's employees Is Applicant an Aegis member? 0 Yes 0 No
I eontrictor Contractor Name: TBD
IS. Town Location: Clearwater County: PineUas StateIProvince: FL
(Form continued on Page 2)
"I^- .J'
lPmiect IDformation Cont'd:1
FORM CSXT 745S - Rev. l/OlIOS (page 2 ofl)
(S f:,. (J'1~ 1...
20.
21.
22.,
16. Product to be Conveyed: Stormwater
Temperature: Ambient
17. MaxilJ'Ulm Working Pressure: N/A
18. Location ofShut-OffValvcs: N/A
19. Number: 0 Manholes_ J( Other (describe) (1) 3' x 5' RCBC
to be located within Railroad corridor. Ma....la shall be lIasll wItII top of ground ad dimensions
of aclllary Itruetarll are required on dnwiDc-
,Distance from JD8IJboleslother to nearest 1Iack: - 60 ft
Angle of CrossiDg: Number of Tracks to be crossed!
PIPE SPECMCATIONS: CARRIER. PIPE:
Material Reinloreed Concrete
Material Specifications & Grade
Minimum Yield Strength of Material PSI
Inside Diameter
Wall Thickness
Outside Diameter
Type of Seam
Kind of Joints
Total Length Within Railroad R/W
Tunneling (LiDe1' Plates) Ntll6:
Flammable: 0 Yes 11 No
Field Test Pressure:
Type Test:
CASING PIPE:
3000 PSI
3' x 5'
8"
4' - 4" x 6' - 4"
Vents: Number Size
Seals: 0 One End 0 Both Ends
BUIY depth: Base of rail to top of casing: feet
, Not beDeath tracks: 1 feet 0 inches
(Below ditches) 0 feet, 0 inches
Cathodic Protection: 0 Yes :m No Protective Coating: 0 Yes (Kind) . No
23. Method of installation: Open trencb (Note: Directional boring is prohibited. See spees)
24. Location ofboring pits from adjacent track @ 9()0: Launchil'lg Pit: ft., Receiving Pit: ft.
25. Temporary track support or ripnpping required? 0 Yes 11 No (Describe and Detail on Drawing)
26. Wires, poles, obstructions to be relocated? 0 Yes . No (Describe and Detail on Drawing)
27. Is this both a Crossing aDd Parallelism? 0 Yes 11 No
28. Crossing location: feet (direction) ftom Railroad Milepost:
lfknown: Valuation Station: Valuation Map Number:
lfknown: LatitudelLongitude:
IfJmown: Street Address ofCrossintt'ParallcJism: Howard St." Mvrtle Ave. Intersection
29. Parallelism location: Beginning: 1052 feet S (direction) tiom RR Milepost: 883
andEnding: 1166 feet ~(directiOD)fromRRMilepost: 883 '
30. ImIllength on Railroad R/W: 52 a- Length Crossing: LeDath Paralleling: 52 LF
31. WillliDe be entirely within a public road R1W? 11 Yes 0 No OOT/AAR Crossing No.: 626 649L
**lfyou answered yes. road name, number. and wid1b. of pub lie right-of-way are required on drawing
32. a) Will this occupancy connect to an existing facility within Railroad corridor?)I Yos 0 No
b) lfYes, name facilityowner(s):Cltv of Oearwater
Tongue" Groove
52LF
Attada .....af'Idonr'. daoa detail and eomaatatfoDJ that
Include alate tldr.lmea ad ..-..e.
Height above ground
inches
Use 0nI
Division ~At"jOA/I/r.~ Subdivision CL(A1l.\V~-rf:t2. No. of Crossings: cjJ
Absolute No.: VD1-'sr J- lJ (J '\tt 7 Valuation SectiODlMap No.:
Valuation Station: -z;:;:: 111 lot"" I k fi 3 ) 3S'" ..t ":J ~
Milepost: Jr.~'" Afl.G:- l5k3, ~D 7i ItfH- ~fl.l.7.
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Becky Snyder
Project specialist
Corridor & ConIract Administratioo
J<E', E(\J6-z.j
;1;~,(.l.' .-...'
~., \d.\
500 Water- Street, SC Jl80
Jacksonville, FL 32202-4423
(904) 359-3405
F~:(904)359-3665
E-mail: Becky_Snydcr@csx.com
CD:
TRANSPORTATION
June 10, 2005
CSX Agreement No, CSX-048893
Customer Reference No.: 03-0030-
EN
Mr. Michael Quillen, P.E.
City Engineer
City of Clearwater
100 S, Myrtle Avenue
Suite #200
Clearwater, FL 33637
Re: Temporary Right-of-Entry Agreement in Clearwater, Florida,
Dear Mr, Quillen:
We have reviewed your application(s), and proposed Agreements are attached, After
carefully reviewing the attached Agreement Checklist, please arrange for execution and return all
,originals of the Agreement to my attention at the address shown above. They will be executed on
behalf of CSXT and an original will be returned for your records.
In order to provide you with the quickest turnaround time possible, it is important that you
provide all of the required items highlighted on the attached Agreement Checklist.
Please understand that the volume of requests received by this office will not allow us to
manage any file for an indefinite period. q a response is not ,eceived by July 5, 2005, you,
silence will be interpreted as an indication that you, intentions have changed, and that you no
longer desire to access CSXT right-of-way - after which, you, file will be closed An
additional application fee will be required to re-activate your file once it has been closed.
Your prompt response is appreciated. Thank you for your cooperation.
Please reference Agreement No. CSX-048893 in all correspondence.
Very truly yours,
~~cJ--
Becky Snyder
Attachment
rn
~ 0 W ~ Ill) j
-W I 5~J::;
CITY Of ClW;WATER
PUBLIC WORK ADMINISTRATION
AGREEMENT CHECKLIST
Agreement Number: CSX-048893
Please perform the following when executing the attached instrument:
~ Sign the signature page in order to execute the agreement One of the following should apply:
Execution on behalf of a CORPORATION should be accomplished by the President, Vice President or an officer
authorized by Board Resolution to execute legal documents on behalf of the Corporation. (Copy of Board Authorization
should be furnished for anyone signing, other than the President or Vice President) If the Corporate name is set out
erroneously in the Agreement, the document should be executed and the name corrected and initialed where it appears,
(Municipal Corporation, furnish copy of such Resolution.)
If Agreement is with an INDIVIDUAL, that individual should sign the Agreement exactly as the name is set out in the
caption of the Agreement. If the name is set out erroneously in the Agreement, the document should be executed and
the nC!me corrected and initialed where it appears.
If the Agreement is with a PARTNERSHIP, all general members of the partnership should execute the document unless
one member of the firm has been designated managing partner or expressly by the partnership to execute the
Agreement. (Furnish copy of such authority.)
~ The signature(s) must be WITNESSED by ONE (1) witness in the space(s) provided.
~ NAME(S) and TITlE(S) of person(s) executing the agreement must be typed or printed in ink directly beneath
signature(s).
~ Social Security Number is required If Agreement is with an INDIVIDUAL, If Agreement is with other than an
INDIVIDUAL, a Tax Identification Number Is required.
~ Furnish Certificate of Insurance which states "CSX Transportation, Inc. as additional Insured," which is required
under the INSURANCE Article, to Speed Code J180, 500 Water Street, Jacksonville, Fl 32202, Questions regarding
the insurance requirements should be directed to CSXTs Mr. W, D. Tyler, Manager Risk Management (904) 366-5090.
CSXT Fonn ROE1 - Page 1
Revised September 2004 "
Agreement No. CSX-048893
CSX Transportation, Inc:.
Temporary Right of Entry Agreement
THIS AGREEMENT, Made and effective as of April 20, 2005, by and between CSX
TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street,
Jacksonville, Florida 32202, hereinafter called "CSXT," and CITY OF CLEARWATER, a
municipal corporation, political subdivision or state agency, under the laws of the State of
Florida, whose mailing address is 100 S. Myrtle Avenue, Suite #200, Claerwater, Florida 33637,
hereinafter called "Licensee," WITNESSETH:
WHEREAS, Licensee has submitted a written application to CSXT requesting
permission to enter CSXT's property located at Clearwater, County of Pine lIas, State of Florida,
Clearwater Subdivision at Milepost ARE-883.06 (the "Property"), for the purpose of
ingress/egress to access adjecent property outside of CSXT right of way, as shown on print of
Licensee's Drawing EXIDBIT 1.0, dated March 1, 2004, attached hereto and made a part hereof
(the "Project"); and
WHEREAS, CSXT is willing to grant to Licensee the limited right and permission to
enter upon the Property for the limited purpose of performing the Project.
NOW THEREFORE, CSXT hereby grants to Licensee the right and permission to enter
upon the Property for the purpose of performing said Project, subject to the tenns and conditions
set forth below:
1. ,PROJECT: The Project shall be perfonned at the entire cost and expense of Licensee, in
accordance with good and sound engineering practices, to the satisfaction ofCSXT's
Division Engineer or his or her duly authorized representative ("Division Engineer") and
in a manner to avoid accidents, damages, unnecessary delays to or interference with train
traffic ofCSXT. PriQrto entry, Licensee shall notify the Division Engineer's
representative and arrange for flagging protection in accordance with Sections 4 and 6 of
this Agreement. Licensee shall not dig in the ballast line or within the tracks loading
influence area, or otherwise disturb the track structure. Licensee and Licensee's
employees, agents, contractors and other representatives (collectively, "Agents'') shall
maintain in their possession a copy of this Agreement at all times during their occupation
of the Property.
2. INDEMNITY:
2.1 Licensee hereby assumes risk of and agrees to indemnify, defend, protect and
save CSXT and CSXT's Affiliates harmless with respect to any and all attorneys' fees,
liability, claims, demands, payments, suits, actions, recoveries, penalties, costs, legal
expenses, judgments, settlements, and damages of every nature, degree, and kind
(including direct, indirect, consequential, incidental, and punitive damages) for:
IW;-ti1f-i.{IWT/~:;1-
. ---~l 11 I
. nL:N I ~2~ }iJ
PUBLIC Jo~~f~~~,tA/S'TfR
11 RATION
CSXT Form ROE1 - Page 2
Revised September 2004 ",
Agreement No. CSX-048893
2.1.1 personal injury, including, but not limited to bodily injury to or death of any
person or persons whomsoever, including the agents, servants, Affiliates or
employees of the parties;
2.1.2 the loss or damage to any property whatsoever, including property owned or
in the care, custody or control of the parties hereto or their respective
Affiliates;
2.1.3 any environmental damage and any related remediation brought or recovered
against CSXT or any of its Affiliates; and
2.1,4 any and all other losses or damages;
arising directly or indirectly from the presence of Licensee or its Agents on or about
the Property, whether or not attributable in whole or part to the negligence, gross
negligence, or intentional misconduct of CSXT or its Affiliates.
2.2 The parties waive any and all right or opportunity to contest the enforceability of
this Section and agree that, in the event this Section, or any part of this Section, is found
unenforceable by the fInal, unappealable judgment of a court of competent jurisdiction,
this Section shall be construed so as to be enforceable to the maximum extent permitted
by applicable law. In the event that such court of competent jurisdiction finds that
Florida statutory construction contract indemnity monetary limits apply to this
Agreement with respect to Licensee's indemnification ofCSXT and its Affiliates for
liability caused in whole or in part by any act, omission or default by CSXT or its
Affiliates, the parties hereto agree that such limit shall be equal tothe limits (exclusive of
deductibles) of the applicable insurance required by Sections 3 and 4 of this Agreement.
The parties acknowledge and agree that this monetary limit, if required, bears a
commercially reasonable relationship to this Agreement, in so far as, among other
factors, the parties have taken into account the availability and cost of insurance and
other risk transference devices, the scope of the Project, the risks associated with the
Project, and the compensation and any other benefIts exchanged between the parties in
connection with this Agreement.
2.2.1 Licensee shall comply with any federal, state, or local laws, statutes, codes,
ordinances, rules, and regulations applicable to its presence or performance of
any activity on the Property and agrees to indemnify, defend, and hold CSXT
and its Affiliates harmless with respect to any fines, penalties, liabilities, or
other consequences for its failure to so comply.
2.2.2 For the purpose of this Agreement, the term "Affiliates" includes all entities,
directly or indirectly owned or controlled by, or under common control of a
party or its respective officers, directors, employees and agents, and in the
case of CSXT, includes CSX Corporation, CSXT and their Affiliates and their
respective officers, directors, employees and agents.
CSXT Form ROEl - Page 3
Revised September 2004 e
Agreement No. CSX-048893
2.2.3 The provisions of this Section shall survive the termination or expiration of
this Agreement.
3. GENERAL LIABILITY INSURANCE:
3.1 Licensee shall procure and maintain, at its expense: (i) statutory Worker's
Compensation and Employers Liability Insurance with available limits of not less than
$1,000,000.00, which insurance must contain a waiver of subrogation against CSXT and
its Affiliates; (ii) Commercial General Liability coverage (inclusive of contractual
liability) with available limits of not less than $3,000,000.00 in combined single limits for
bodily injury and property damage and covering the contractual liabilities asswned under
this Agreement; (iii) business automobile liability insurance with available limits of not
less than $500,000 combined single limit for bodily injury and/or property damage per
occurrence; and (iv) such other insurance as CSXT may reasonably require. Upon
request, Licensee shall provide CSXT with a copy of Licensee's applicable insurance
policies. A policy endorsement naming CSXT, and/or its designee, as an additional
insured and specifying such coverage shall be furnished to CSXT prior to the execution
of this Agreement, and the required coverage will be kept in force until all of Licensee's
obligations under this Agreement have been fully discharged and fulfilled, or until
Licensee shall have been specifically released by a written instrument signed by an
authorized officer ofCSXT. Licensee shall also provide CSXT with a copy of the
insurance policies. The insurance policies shall provide that the insurance carrier must
give CSXT notice at least thirty (30) days in advance of cancellation of coverage, of any
change in coverage, or of cancellation of the policy. Notwithstanding any provisions of
this Section, the liability asswned by Licensee shall not be limited to the required
insurance coverage.
3.2 Notwithstanding the provisions of Section 3.1, Licensee may self-insure in any
amount(s) the CGL liability under this Agreement.
4. PRIOR NOTIFICA nON: Licensee or Licensee's Agents sball notify CSXT's
Roadmaster at least 10 days prior to requiring entry on the Property and shall abide by
the instructions of the Division Engineer, or his or her authorized representative. The
Division Engineer can be contacted at Jacksonville Division, 6735 Southpoint Drive, J-
390, Building II, Jacksonville, FL 32216.
5. CLEARANCES: Neither Licensee nor Agents shall perform any Project or place or
operate any equipment of Licensee or Agents at a distance closer than fifty (SO) feet from
the center of any track, without the prior approval of the Division Engineer. The
Division Engineer may require protective services or such other services as deemed
necessary or appropriate. Equipment shall be moved across CSXT's track(s) only at a
public crossing unless prior arrangements have been made with the Division Engineer
and a Private Crossing Agreement is fully executed and in place. Licensee and Agents
shall take all precautions necessary to avoid interference with or damage to CSXT's
property and signal and communication facilities during their performance of the Project.
CSXT Fonn ROE1 - Page 4
Revised September 2004 "
Agreement No. CSX-048893
6. PROTECTIVE SERVICES: If protective services, such as flagging protection, are
required by CSXT, Licensee shall make arrangements with the Division Engineer to
furnish such personnel, flagman or watchman, that in the Division Engineer's opinion
may be necessary to protect the facilities and traffic of CSXT during the perfonnance of
the Project. Licensee shall pay for the cost of such services, including all applicable
surcharges and additives.
7. PAYMENT FOR PROTECTIVE SERVICES: Payment shall be made by Licensee in
accordance with the following designated option:
( ) Option 1: Licensee shall make an advance deposit offunds based on an estimate of
the cost of protective or other services as detennined by CSXT. The cost for
CSXT's services shall then be assessed by CSXT against this advance deposit.
Upon completion of the Project, any unused funding will be returned to Licensee. If
CSXT's costs exceed the advance deposit(s), a request will be made to Licensee for
additional funds or an invoice will be issued to Licensee for final payment. Licensee
shall remit payment to CSXT within thirty (30) days of receipt of either a request for
additional funds or an invoice.
( X) Option 2: Licensee shall promptly reimburse CSXT for the cost of protective or
other services on an as-incurred basis, including all applicable surcharges, upon
receipt ofbill(s) therefor.
8. ENVIRONMENTAL: This Agreement does not im:lude and expressly excludes the
performance of any site investigation activities designed to determine environmental
conditions on, about or beneatJa the Property. Precluded activities include performing
soil borings for purposes other than geotechnical investigation, obtaining soil, sediment,
groundwater and surface water samples, and conducting field or laboratory analyses of
any soil, sediment, groundwater or surface water samples obtained from CSXT property
to identify chemical composition or environmental condition. If any type of
environmental investigation is desired, a separate right of entry agreement issued
through CSXT's Environmental Department must be secured
9. ' CLAIMS: Licensee shall, or shall require Agents, to promptly notify the Division
Engineer of any loss, damage, injury or death arising out of or in connection with the
Project.
10. REMEDIATION: It is understood and agreed that, upon completion of the Project, the
Property shall be left in a condition satisfactory to Division Engineer or his or her duly
authorized representative.
11. SAFETY:
11.1 All personnel entering the Property must comply with CSXT safety rules and
requirements to include, without exception, the wearing of hard hats and approved safety
CSXT Form ROE1 - Page 5
Revised September 2004 "
Agreement No. CSX-048893
shoes and safety glasses with side shields. Anyone not in compliance with these rules
and regulations will be asked to leave the Property. '
11.2 Before performing any work authorized by this Agreement, Licensee, at its sole
cost and expense, shall obtain all necessary permit(s) (including but not limited to zoning,
building, construction, health, safety or environmental matters), letter(s) or certificate(s) of
approval. Licensee expressly agrees and warrants that it shall conform and limit its
activities to the terms of such pennit(s), approval(s) and authorization(s), and shall comply
with all applicable ordinances, rules, regulations, requirements and laws of any
governmental authority (state, federal or local) having jurisdiction over Licensee's
activities, including the location, contact, excavation and protection regulations of the
Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b), et at.), and State "One
Call" -"Call Before You Dig" requirements.
12. TERM: This Right-of-Entry Agreement and the permission conferred and the license
granted by it does not constitute a grant of permanent easement and shall terminate upon
completion of the Project or at midnight, June 30, 2006, whichever occurs first, unless
extended in writing by CSXT. In the event Licensee fails to comply with terms and
provisions of this Agreement, Licensee agrees to pay and agrees that CSXT shall be
entitled to recover costs and expenses incurred by CSXT, including legal fees and
,expenses, to enforce the terms of this Agreement.
13. SEVERABILITY: The parties agree that if any part, term or provision of the
Agreement is held to be illegal, unenforceable or in conflict with any applicable federal,
state, or local law or regulation, such part, term or provision shall be severable, with the
remainder of the Agreement remaining valid and enforceable. If any provision or any
part of a provision of the Agreement shall be finally determined to be superseded, invalid,
illegal, or otherwise unenforceable pursuant to any applicable law, ordinance, rule or
regulation, such determination shall not impair or otherwise affect the validity, legality,
or enforceability of the remaining provision or parts of the provision of the Agreement,
which shall remain in full force and effect as if the unenforceable provision or part were
deleted.
14. ENTIRE AGREEMENT: This Agreement embodies the entire understanding of the
parties, may not be waived or modified except in a writing signed by authorized
representatives of both parties, and supersedes all prior or contemporaneous written or
oral understandings, agreements or negotiations regarding its subject matter.
15. NOTICES: All notices, consents and approvals required or permitted by this agreement
shall be in writing and shall be deemed delivered; upon personal delivery, upon the
expiration of three (3) business days following mailing by U.S. first class mail,. or upon the
next business day following mailing by a nationally recognized overnight carrier, to the
Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT
Contract Administration, 1180; or at such other addresses as either party may designate by
delivery of prior notice to the other party .
CSXT Form ROE1 - Page 6
Revised September 2004 "
Agreement No. CSX-048893
16. TERMINATION: CSXT shall have the right at any time and at its sole discretion to
terminate this Agreement upon notice to Licensee.
17 . WAIVER: If either party fails to enforce its respective rights under this Agreement, or
fails to insist upon the performance of the other party's obligations hereunder, such
failure shall not be construed as a permanent waiver of any rights or obligations in this
Agreement.
18. GOVERNING LAW; VENUE: This Agreement shall be governed by and construed
under the laws of the State of Florida, without regard to the choice of law provisions
thereof. Venue for any action arising from, or brought to enforce, this Agreement, shall
vest exclusively in the state or federal courts located in Duval County, Florida, and the
parties agree to submit to the personal jurisdiction of any state or federal court located in
Duval County, Florida. '
19. NO ASSIGNMENT: Notwithstanding anything to the contrary contained in this
Agreement, Licensee shall not pennit Agents to enter the Property without first requiring
Agents to agree in writing to comply with all of the terms of this Agreement.
Notwithstanding the foregoing, Licensee shall continue to be responsible for insuring that
Agents comply with all of the terms and conditions of this Agreement and shall
indemnify and hold CSXT harmless for any damages described in Section 2 above
caused in whole or in part by such subcontractor. Assignment of this Agreement to any
party other than Agents in accordance with this Section shall not be permitted except
upon the prior written consent of CSXT, which consent may be granted or withheld at
CSXT's sole discretion. This Agreement shall be binding upon the parties and their
respective successors and assigns.
CSXT Form ROEl - Page 7
Revised September 2004 "
Agreement No. CSX-048893
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the effective date of this Agreement.
Witness for CSXT:
CSX TRANSPORTATION, INC.
By:
PrintIType Name:
PrintlType Title:
Witness for Liceosee:
CITY OF CLEARWATER
By:
Who, by the execution hereof, affirms that he/she
has the authority to do so and to bind the Licensee
to the terms and conditions of this Agreement.
PrintIType Name:
PrintIType Title:
Tax ID No.
Authority under Ordinance or
Resolution No.
dated
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City Council
\'d. <)
Tracking Number: 1,441
Actual Date: 08/04/2005
Subject / Recommendation:
Pass Ordinance7490-05 on first reading, making minor language changes to Chapter 30 Traffic
and Motor Vehicles, Article II Stopping, Standing and Parking, increasing parking fines by $5.00
and to designate a parking violation processing services office to process all parking fines
thereby eliminating the Pinellas County Clerk of the Court as the designated office to handle the
receipt of the payment of parking fines beginning October 1, 2005,
Summary:
The Parking System began full time parking enforcementin March, 2004. During the first
year of operation it became apparent there were some areas of the parking enforcement
ordinances that needed updating and modified to assist with an effective parking enforcement
effort.
Several minor language changes to moredefinitively describe parking locations, use of
equipment, payment options, hours of operation, etc. are being proposed.
A $5,00 increase to the current fine structure is beingproposed. The last increase was in
1992.
In addition to the $5.00 increase, a penaltyof $10.00 will be assessed for violation payment~
received between 15 and 30 days after the date of the infraction. After 30 days an additional
penalty of $15,00 will be assessed.
The Pinellas County Clerk of the Court will nolonger be handling the receipt of the payment
of parking fines and the City will have a designated parking violation processing services office,
Originating: Engineering
Section Other items on City Manager Reports
CateJlQ[Y~ Code Amendments, Ordinances and Resolutions
Public Hearing: No
Financial Information:
Review Approval
Michael Ouillen 07-11-2005 14:02:43
Garrv Brumback 07-27-2005 14:53:04
Brvan Ruff 07-11-2005 14:34: 15
Bill Horne 07-29-2005 13:37:31
Cvndie Goudeau 07-29-2005 13:41:19
ORDINANCE NO. 7490-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE CODE OF ORDINANCES RELATING TO TRAFFIC
AND MOTOR VEHICLES, CHAPTER 30, ARTICLE II, STOPPING,
STANDING, AND PARKING, DIVISION 1 , GENERALLY, BY CREATING
SECTION 30.040 PARKING IN REVENUE GENERATING CITY
PARKING LOTS, GARAGES AND OTHER CITY PROPERTY;
AMENDING SECTIONS IN DIVISION 1 , GENERALLY; AND AMENDING
SECTIONS IN ARTICLE II, DIVISION 3, PARKING METERS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Public Works Administration/Parking System of the City of
Clearwater, Florida, desires to improve the effectiveness of the parking
enforcement program, and to improve the economic performance of the
administration of the program;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, is amended by creating the following
Section 30.040, Parking in revenue generating city parking lots, garages and
other city property:
ARTICLE II. STOPPING, STANDING AND PARKING
DIVISION 1. GENERALLY
Sec. 30.040. Parkina in revenue aeneratina city parkina lots. aaraaes and
other city property.
(1) It is unlawful for any person to remove a vehicle from any city owned
or operated parkina lot. aaraae or property after the person shall have
parked thereon without first payina the attendant. activatina an access or
smart card. or depositina the proper amount of money in a parkina meter
or for any person to make any attempt thereof to defraud the city.
(2) It is unlawful to alter or duplicate. damaae or destroy an access or
smart card. spitter ticket. permit. taa. placard or decal used for parking
control issued by the parkina division or to make any attempt thereof to
defraud the city.
(3) No motorcycle shall enter into a parkina aaraae or off-street parkina
lot which is posted "No Motorcycles."
(4) It is unlawful to stoP. stand or park in city owned or operated parkina
lots. garages or other city properties that are reserved for monthly parkina
Ordinance No. 7490-05
without properly displayina appropriate documentation of payment for
parkina privileaes for the current period (hanataa. decal. placard. etc.).
Section 2. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.042, Near intersections and
crosswalks is amended as follows:
Notwithstanding the provisions of F .s. 9 316.1945, parking shall be permitted
within 20 feet of an intersection or a crosswalk where the traffic engineer City
Enaineer. or desianee. of the city has posted signs or installed meters
authorizing such parking.
Section 3. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.043. Placement of motor
vehicle in parking space is amended by revising Sec. 30.043 as follows:
illAny motor vehicle parked in any parking space in any publicly owned or
operated parking lot or publicly owned parking garage shall be positioned \".lith
the front end of such vehicle bcing into the parking space and tho rear of suoh
vehicle facing outward and at all times shall be parked within the lines marked on
the pavement. curb or ground for such parking space so as not to occupy more
than a single parking space. Each space shall be limited to no more than one
motor vehicle per parking space.
(2) No truck. tractor truck or trailer shall OCCUpy more than one (1) parkina
space where desianated. except while actively loadina or unloadina and
while all meters used have been properly activated and I or when proper
parkina permits have been obtained and are displayed or except in cases
of emeraency.
(3) When an authorized section of pavement is marked with cross-hatched
pavement markinas or otherwise indicatina a safety zone it shall be a
violation for any person to stoP. stand or park any motor vehicle in such
safety zone.
Section 4. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.045. Handicapped parking
spaces.
(1) No person shall stop, stand or park a vehicle within any specially
designated and marked space, which is marked as provided in F.S 99
316.1955 and 316.1956, unless such vehicle displays a parking permit
issued by or recognized by the state for special handicapped parking
privileges and is transporting a person eligible for the parking permit, or
unless such vehicle is chauffeuring a disabled person and is making a
momentary stop to load or unload such disabled person.
2
Ordinance No. 7490-05
(2) As provided in F.S. 316.1964 When an on-street parkina meter
restricts the duration of time that a vehicle may be parked. a
vehicle properly displayina a disabled parkina permit is allowed a
maximum of 4 hours at no charae; however. the vehicle is subiect
to ticketina for parkina in excess of any posted time limits.
3) As provided in F.S. ~316.1964 When an off-street parkina meter
restricts the duration of time that a vehicle may be parked. a
vehicle properly displayina a disabled parkina permit is subiect to
ticketina for parkina in excess of the posted time limits.
~ ~ Any person who violates this section shall be guilty of a noncriminal traffic
infraction and subject to a fine as set forth in section 30.057 30.061.
Section 5. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally Sec. 30.046. Obedience to parking
signs during certain hours.
(1) When signs are erected in each block or public parking lot giving notice
thereof, it shall be unlawful for any person to park a motor vehicle for longer than
such time as is designated by such signs, bet\veen the hours of 8:00 a.m. and
6:00 p.m. of any day.
Section 6. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.048. Advertising or selling
from vehicle is amended as follows:
It shall be unlawful for any person to operate or park on any street or any city
owned or operated parkina lot. aaraae or other property any vehicle for the
primary purpose of advertising or for the sale of any merchandise or anything of
value unless a permit therefore is first obtained from the chief of police.
Section 7. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.050. Parking vehicle to
make repairs is amended as follows:
(1) No vehicle, trailer, or machine of whatever kind shall be remodeled, restored
or repaired on any street, highway, alley, any city owned or operated parking
lot, garage or other property, or other roadway. This section shall not apply to
the performing of certain unanticipated emergency repairs such as tire changing
or fuse replacement when such repair can be performed without unreasonably
obstructing traffic or otherwise creating a safety hazard to the operator or
occupants of the disabled vehicle and other vehicular traffic using the roadway~
or any city owned or operated parkina lot. aaraae or other property.
3
Ordinance No. 7490-05
(2) It shall be unlawful for any person to stand or park a vehicle upon any street
or right-of-way or any city owned or operated parkina lot, aaraae or other
property for the principal purpose of:
(a) Displaying such vehicle for sale;
(b) Washing, greasing or repairing such vehicle, except repairs necessitated by
an emergency may be made.
Section 8. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.055 is amended by creating
the following:
Sec.30.055. Inoperative vehiclesl vehicles with altered or expired license
taas on public property.
(1) Definition. "Inoperative vehicle" means a vehicle that is in a state of disrepair
and incapable of being moved under its own power, or a vehicle that is incapable
of being operated lawfully on the streets of the state. A vehicle shall be deemed
inoperative if a current registration tag, also known as a license plate, of a kind
required under state law as a condition of operation upon the public streets is not
affixed thereto, or if one or more parts which are required for the operation of the
vehicle are missing, were dismantled, are inoperative, or are not attached to the
vehicle as designed.
(2) Prohibition. It shall be unlawful for any person to keep, store, park, or allow to
remain any inoperative vehicle on public property, including street right-of-way,
longer than 24 hours.
(3) Altered or Expired License Taas. It is unlawful for any vehicle to be
stopped. standina or parked in any city owned or operated parkina space.
parkina lot or other parkina facility or property if such vehicle is not
licensed in accordance with the laws of the state. if it displays a license taa
that is expired or altered such that a person cannot reasonably discern the
complete license taa number or if it does not displav a valid license taa.
Section 9. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.059, Notice of illegally
parked, stopped or standing vehicle is amended as follows:
Whenever any motor vehicle without a driver is found parked, stopped or
standing in violation of this article or any other provision of this chapter, the
officer finding the vehicle shall take its registration number and may take any
other information displayed on the vehicle which may identify its user, and shall
conspicuously affix to the vehicle a parking ticket in '.\'riting in electronic format
or in writina on a form provided therefor!, for the registered owner to pay the
fine listed thereon within SO'JaR days fifteen (15) calendar days of the date of
the infraction or to answer the charge against him within sO'Jen fifteen (15)
4
Ordinance No. 7490-05
calendar days of the date of the infraction days by contacting the traffic
di',:ision designated parking violation processing services office at the
place location specified on the parking ticket.
Section 10. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.060 is amended as follows:
Sec. 30.060. Penalties I Warning letter upon failure to comply with ticket.
ill If a violator of the provisions of this article does not respond to the parking
ticket affixed to the motor vehicle by paying the fine listed thereon or by
contacting the traffic di':ision designated parking violation processing
services office specified on the parking ticket within a period of se'..~n fifteen
(15) calendar days of the date of the infraction, the clerk of the court
designated parking violation processing services office, having jurisdiction
of the subject matter shall, follo'.."fing the expiration of aR additioRal 24 hour
period, send the registered owner to whose vehicle the parking ticket was affixed
a warning letter informing the registered owner of the violation and the fact that
the fine has iRcreased to $30.00 a penalty of $10.00 has been assessed for
the violation to cover additional administrative costs, except for fines for
violations involving handicapped parking which shall remain at the amount
established in section 30.057(7). 30.061. The warRing letter shall inform the
registered o\a'ner that if the increased fiRe is not paid ':",ithin teR days, the
clerk of the county court shall issue a summons to the registered o'l.mer to
appear iR county court for an arraignment. If the fine indicated on the
parking ticket is not paid within 30 days (in addition to the penalty
assessed after 15 days in the preceding sentence hereof) an additional
penalty of $15.00 will be assessed for the violation to cover additional
administrative costs. The designated parking violation processing
services office will issue UP to two (2) additional late notices to the
registered owner. After 80 days the unpaid ticket will be considered a
delinQuent account and will be handled through the delinQuent collection
services division of the designated parking violation processing services
office.
(2) The designated parking violation processing services office shall
supply the State of Florida department of Highway Safety and Motor
Vehicles with a maaneticallv encoded computer tape reel or cartridge,
which is machine readable by the installed computer system at that
department, listing persons who have three (3) or more outstanding
parking violations or who have any outstanding violations of F.S. 316.1955.
(3) Contesting a Violation. Any person who wishes to contest the validitv
of the violation may reQuest a court hearing by contacting the designated
parking violation processing services office within fifteen (15) calendar
days of the date of the infraction. A COpy of the parking violation must be
included with the completed reQuest form for a court hearing. Upon such
5
Ordinance No. 7490-05
reauest. a summons for a court appearance will be issued to confirm the
time and date of the court hearina.
(4) Ticket Cancellation. The City's desianee will establish and maintain a
parkina ticket cancellation proaram. Tickets may be cancelled in lieu of
court appearance and dismissal by the desianee when the complainant has
a valid complaint. A valid complaint may include but not be limited to an
improperly written ticket or a malfunctionina meter.
Section 11. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.061. Fines is amended as
follows:
Any person who violates any of the provisions of this article shall be subject,
upon conviction, to a fine as follows:
(1) Overtime parking, whether metered or unmetered . . . . . $ 10.00 J15.00
(2) Improper parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4-e:OO $20.00
(3) Double parking. . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . .. .4-e:OO $20.00
(4) No parking zone, including but not limited to parking without permit, near
fireplug, in reserved space, in alley, on sidewalk, near railroad, near intersection,
in driveway, loading zone, taxi stand. over curb in parkway. . 15.00 $20.00
(5) Motor running, no attendant. . . .. .................. W.,OO J15.00
(6) Keys in ignition. . . .. ............................ W.,OO $15.00
(7) Stopping, standing, or parking a vehicle within a parking space designated for
persons who have disabilities without displaying a disabled parking permit. . . , .
250.00
(8) Any other violation of this article. . . .. ................ 4-e:OO J20.00
(9) In addition to the other penalties provided for herein there is hereby imposed
a surcharge of $5.00 on all parking fines to be used for funding a school crossing
guard program. This surcharge shall be paid by the desianated parkina
violation processina services office clerk of the circuit court into the school
crossing guard trust fund, a special revenue fund maintained by the city. Funds
collected from this surcharge shall be distributed quarterly to fund a school
crossing guard program as authorized by Section 316.660(3), Florida Statutes
Section 12. Chapter 30, Article II, Division 3, Parking Meters, is
amended as follows:
DIVISION 3. PARKING METERS I REVENUE CONTROL EQUIPMENT
Sec. 30,091. Definition.
The word "vehicle" as used in this division shall mean any device in, upon or by
which any person or property is or may be transported upon a street, except
those operated on rails or tracks.
6
Ordinance No. 7490-05
Section 13. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30,092. Establishment of areas is amended as follows:
In accordance with the provisions of this division, the city manager is authorized
to establish areas, both on:street and off:street, where fees must be paid for
parking and to designate the manner in which the fees are to be collected.
(Code 1980, 9121.31)
Section 14. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30,093 is amended as follows:
Sec. 30.093. Installation of parkina meters; operation. Installation; operation.
(1) When parking meters are installed, the city manager shall place such parking
meters in appropriate locations relative to each parking space. Each parking
meter shall be so set as to show or display a signal that the lawful parking period
has expired.
(2) The city manager shall provide for the regulation, control, operation and use
of the parking meters provided for in this section and shall maintain such meters
in good workable condition. Each parking meter shall be so set as to display a
signal showing legal parking upon the deposit of coins or currency of the United
States, use of a City of Clearwater pre-paid parkina card. debit cards or any
authorized type of payment therein for a period of time conforming to the
parking limit established by the city manager for the area where such meter is
placed.
Section 15. Chapter 30, Article II, Division 3, Parking Meters Sec. 30.094
is amended as follows:
Sec. 30.094. Fees and !+ime limits designated by city manager.
The city manager is authorized to designate fees and time limits for parking at
any city owned or operated parkina lot. aaraae or other property metef
locations within the city for that part of tho street or area upon ',.,hich or for '/o'hich
such meter is placod and to designate the denomination of United States coins
or currency. use of City of Clearwater pre-paid parkina cards. debit cards
or any authorized type of payment which may be deposited or inserted
therein for the purpose of obtaining legal parking for such period of time so
designated.
Section 16. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30,095. Use of meter and space, is amended as follows:
(1) When any vehicle shall be parked in any space alongside of or next to which
there is located, pursuant to this division, a parking meter, the owner, operator,
manager or driver of such vehicle shall upon entering the parking space
7
Ordinance No. 7490-05
immediately deposit the proper coins or currency of the United States, City of
Clearwater pre-paid parkina cards. debit cards or any authorized type of
payment in the parking meter alongside of or next to the parking space and the
parking space may then be used by such vehicle during the parking limit
provided for the area in which such parking space is located.
(2) Any vehicle parked in any parking space in any parking meter zone shall be
positioned in the manner provided in section 30.041.
Section 17. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.096. Overtime parking is amended as follows:
(1) If any vehicle shall remain parked in any parking space beyond the parking
limit designated for such parking space, the parking meter shall display a sifJR
sianal showing illegal parking, and in that event, such vehicle shall be
considered as parked overtime.
(2) It shall be unlawful for any person to permit a vehicle to remain or be placed
in any parking space alongside of or next to which any parking meter is placed
while such meter is displaying a signal showing that such vehicle has already
parked beyond the period of time allotted. for the type of coin deposited in the
parking meter,
(3) It is unlawful for the operator of a vehicle to stoP. park or leave
standina a vehicle on a city owned or operated parkina lot. aaraae or other
property. usina meters. aates. permit or time limits for revenue and access
control. for a period lonaer than seventy-two (72) hours without first
makina arranaements in advance with the parkina division.
Section 18. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.097 is amended as follows:
Sec. 30.097. Depositing coins to extend Extendina parking beyond legal time.
It shall be unlawful for any person to deposit or cause to be deposited in a
parking meter a coin. currency. City of Clearwater pre-paid parkina cards.
debit cards or any authorized type of payment for the purpose of extending
the parking time beyond the time fixed for parking in the parking space alongside
of or next to which such parking meter is placed.
Section 19. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.098. Defacing, tampering with, etc., amended as follows:
It shall be unlawful for any person to deface, injure, tamper with, open or willfully
break, destroy or impair the usefulness of any parking meter I revenue control
8
Ordinance No. 7490-05
eauipment installed on any city owned or operated parkina lot, aaraae or
other property pursuant to the terms of this division.
Section 20. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.099 is amended as follows:
Sec. 30.099. Use of substitutes for ooiAs payment.
It shall be unlawful for any person to deposit or cause to be deposited in any
parking meter or chanae maker on any city owned or operated parkina lot.
aaraae or other property. any slug, device or substitute for a coin or currency
of the United States, City of Clearwater pre-paid parkina card. debit card or
any authorized type of payment.
Section 21. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.100. Disposition of parking fees is amended as follows:
The coins. United States currency. City of Clearwater pre-paid parkina card.
debit card or any authorized type of payment. deposited as provided in this
division shall be utilized in the manner provided by the parking system bond
ordinance, and until such bonds have been satisfied or otherwise redeemed.
Section 22. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.101. Exception for city officers and employees while on business is amended
as follows:
The provisions of this division shall not be construed to require payment into a
parking meter by an officer or employee of the city who is on city business in
order to park a marked city vehicle or a vehicle with an authorized city parking
permit displayed on the dashboard of the vehicle. or a visible hana-taa. in a
motorod space any on or off street parkina space within the city parking
system. A city officer or employee who is not on city business and who parks a
marked city vehicle or a vehicle with an authorized city parking permit displayed
on the dashboard of the vehicle. or a visible hana-taa. in :3 motored space any
on or off street parkina space within the city parking system without paying ffite
tho meter the parkina fee shall be subject to appropriate disciplinary action as
may be determined by the city manager, including but not limited to loss of the
city parking permit privilege or use of a marked city vehicle.
Section 23. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
9
Ordinance No. 7490-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
10
Ordinance No. 7490-05
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City Council
Cover Memorandum
/111<- \
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Tracking Number: 1,382
Actual Date: 08/04/2005
Subject / Recommendation:
Adopt Resolution 05-25 modifying commercial docking permits and Resolution 05-26 modifying
private dock permits for tenants at the Clearwater Municipal Marina.
Summary:
For clarification and enforcement purposes the following rules, regulations, policies and
procedures are recommended for commercial and private docking permits.
,Length of time a slip can be without a vessel. Limit both commercial and private dock permits
to 60 consecutive days. Slips empty on an extended basis do not generate revenue for the
commercial operator and create numerous inquiries as to the slips being available for rental by
others.
.Discount for advance payment of dock rent. Prepayment discounts of 2.5% for 6 months and
5% for 12 months advance payment. This is a policy not previously in the docking permits.
,Length of time persons may stay aboard their vessels, No overnight stays for Commercial
tenants. Private tenants are permitted 8 nights per month.
'Require Florida registrations. A representative from the Internal Revenue Service has asked
whether we verify all boats are registered with the State. Previously, the State didn't require
vessels that are documented to also be registered.
'Signage - Commercial charters are not permitted to have vehicle with signs parked where they
can be seen from the road, Neither can they have television displaying their service, which is
considered a moving sign. Signs carried, waved or otherwise displayed by persons intended to
draw attention for commercial purpose are also prohibited.
'Water usage - The Florida Administrative Code requires a shut-off nozzle on hoses for washing
boats.
'Electric shut off - Marina policy is to shut off electricity to the fuel dock and all slips if high tide
reaches the bottom of the fuel dock, until safe to turn back on.
Originating: Marine and Aviation
Section Other items on City Manager Reports
Category: Agreements/Contracts - without cost
Public Hearinq: No
Financial Information:
Review Approval
Bill Morris
06-01-2005
12:05:05
Garrv Brumback
07-20-2005
14:59:58
~~
u~
City Council
Cover Memorandum
Brvan Ruff
06-08-2005 09:20:41
Bill Horne
07-20-2005 17:36:35
Cyndie Goudeau
07-21-2005 14:17:19
RESOLUTION NO. 05-25
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING A SECOND ADDENDUM TO
THE COMMERCIAL DOCKING PERMIT FOR STORAGE
OF VESSELS AT THE CLEARWATER MUNICIPAL
MARINA INCORPORATING A NUMBER OF RULES AND
REGULATIONS, POLICIES AND PROCEDURES NEEDING
DOCUMENTATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater wishes to authorize a second addendum to
the commercial docking permit for storage of vessels at the Clearwater Municipal
Marina incorporating a number of rules and regulation, policies and procedures needing
documentation, a copy of which is attached to this resolution and incorporated herein
by reference; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves authorizing a second
addendum to the commercial docking permit incorporating these rules and regulations,
polices and procedures.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2005.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 05-25
R.f '. Jd.3 NL-L'U
SECOND ADDENDUM TO COMMERCIAL DOCKING PERMIT
THIS SECOND ADDENDUM TO THE COMMERCIAL DOCKING PERMIT is
made and entered into this day of , 2005, on behalf of the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City"
for CURRENT COMMERCIAL DOCK PERMIT TENANTS AT THE CLEARWATER
MUNICIPAL MARINA.
WHEREAS, the City wishes to make certain changes to the Commercial Dock
Permits at the Clearwater Municipal Marina, the City agrees to add the second
addendum as of pursuant to the terms described herein.
NOW THEREFORE, the City agrees to amend the Commercial Docking Permit
as follows:
1. All language referring to "Harbormaster" is to be replaced by "Marine &
Aviation Director or his designee."
2. Section 2 - PAYMENT OF DOCKAGE FEES:*****
Prepayments: You will receive a discount when prepayinq your monthly
slip rent in 6 months and 12 months increments as follows:
. 6 months prepayment will receive a 2.5% discount.
. 12 months prepayment will receive a 5% discount.
. Any electricity used by tenant will be billed separately.
Fuel Payment Policy - Payment for fuel must be obtained at the time of
purchase. If the credit card is declined. a check or cash must be received
prior to the boat leavinq the fuel dock slip.
3. Section 3 - REQUIRED DOCUMENTS:*****
. Copies of the current Florida vessel reqistration will be provided to
the Marine & Aviation Director or his desiqnee yearly. as well as all
applicable renewal documents.
*****
4. Section 7 - LAW, RULES AND REGULATIONS: *****
. Any owner expecting to vacate his slip for any period in excess of
seven (7) consecutive days shall notify the Harbormaster Marine &
Aviation Director or his desiQnee in advance in writinq.
. If the slip will be vacated for 60 consecutive days. the tenant will
notify the Marine & Aviation Director or his desiqnee of the vacancy
prior to the departure of the vessel. An extension of one 60-day
period may be requested in writinq. The slip shall not be vacated
for more than 120 days. On the 1215t day. the slip will become
availa~le. f~r a new tenan!, ,~I~s~ . an ext~!i;2n.'i~s~~Glfically
authorlzed,':by'the . Director:.,imle'; to extenuatfna:i circumstances.
Second Addendum to Commercial Docking Permit 08-04-05
1-----..---
ExtenuatinQ circumstances will be determined on a case-by-case
basis. and will be at the discretion of the Marine & Aviation Director
or his desionee.
. The City reserves the right to use any empty slip for temporary
transient boaters, after verifying by phone that the permanent
tenant will not be using the slip, without subsidizing the dock permit
holder. The electric usage for this period of use by the transient
boater will not be charged to the permanent tenant.
. Living aboard commercial vessels is prohibited. Stayina aboard
overniaht on a commercial vessel is also prohibited.
. After a bus, shuttle or recreational vehicle unloads their
~~~~~n.S~~~;~~..~x'i~rould be directed to proceed 10:,!III:lIII'fllllllll..
(l)1~tsme~,thal.I!I'I'ma10bi'll. There are no parkino spaces for oversized
vehicles in the marina lot.
. Fire code related to City Marina iet ski rental - All fuelino of marine
craft shall be conducted in the absence of the "public."
. Any structural modifications in the marina must be requested in
writino to the Marine & Aviation Director or his desianee. You will
then be directed to Plannino & Zonino who will explain the desion
ouidelines for the beach and will base approval of your plans on
your proiect's inteoration with those ouidelines. as well as explain
the permit process.
. It shall be unlawful for any person to willfully make. continue or
cause to be made or continued any loud and raucous noise which
because of its volume level. duration and character. annoys.
disturbs. iniures or endanaers the comfort. health. peace or safety
of reasonable persons of ordinary sensibilities within the limits of
the City. This Development Code Section 3-1508 includes enoine
exhaust.
. No refuse shall be thrown overboard at the marina. Garbage and
trash shall be deposited in containers provided for that purpose the
dumpsters.
. Water shall not te be wasted. The Florida Administrative Code
400-22 states washino vehicles. cars. boats. boat motors and
recreational vehicles may be washed on any day. at any time when
necessary. as lono as a shut-off nozzle or other water efficient
device is used. (Except as water restrictions may be imposed.)
Additional charges v:ill bo addod to the slip rent of any tonant using
abnormal amounts of wator. All electric, telephone, dock box, cable
and dock office rental charges will be paid by the commercial slip
tenant.
*****
2
Second Addendum to Commercial Docking Permit 08-04-05
5. Section 8 - SIGNAGE AND DISPLAY OF FISH:*****
. Code Enforcement has stipulated that vehicles advertisino
businesses are currentlv permitted in the Marina lot if parked in an
inconspicuous space away from the roadway.
. A television displayino commercial service is considered a movino
sion by Code and a potential traffic or pedestrian hazard and
therefore prohibited.
. Sions carried. waved or otherwise displayed bY persons intended to
draw attention for commercial purpose are also prohibited. This
includes three-dimensional obiects that are used as sions.
*****
6. Section 9 - SALE OF COMMERCIAL VESSEL (S) NAMED IN DOCKING
PERMIT: *****
. Tenant shall be permitted to sell tenant's business and assign the
agreement rights and obligations to a new tenant. In such case,
the new tenant (purchaser) shall be restricted to operate the
purchased business and tenant's vessel. Any change will be at the
discretion of the Harbormaster. (ref. paraoraph #1) ***
. If the tenant elects to retain the slip for another vessel. he will have
60 days from the date of the sale to acquire a replacement vessel
titled in his name and place it in the slip. An extension of one 60-
day period may be requested in writino. The slip shall not be
vacated for more than 120 days. On~~,~""~,~},:,t",g,~,~,;""~,~,~",.,,,~,1!2,,,:i,II
become available for a new tenant"!!!u!nless",arl!!!,!!'!!!!!!exte!rl!si0n'Jis
~ir~timstall'l!~es~! Extenuatino circumstances will be determined on a
case-by-case basis. and will be at the discretion of the Marine &
Aviation Director or his desionee how to handle. Durino this period.
the City will have the riqht to use the slip for transient dockaoe and
the holder of the dockinq permit may not permit any other vessel
not personally owned by him to be placed in the slip.
. When the tenant elects to retain the slip. the purchaser of the
vessel will have not more than four (4) weeks followino the sale to
remove the vessel from the slip. The purchaser will be charqed the
daily transient rate for any period the vessel is docked at the marina
in excess of the four-week period.
7.
3
Section 11 - EMERGENCIES, HURRICANES OR OTHER ACTS OF
GOD: *****
. Marina policy reoardino electric shutoff to the Fuel Dock and slips:
If a hioh tide reaches the top of the lowest docks. we shut off the
power to the lowest docks. If the tide reaches the bottom of the fuel
dock. we shut off the power to all the docks. includina the fuel dock
pumps until it is safe to be turned back on.
Second Addendum to Commercial Docking Permit 08-04-05
IN WITNESS WHEREOF, the City has set their hands and seals the day and
year above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard
Mayor
By:
William B. Horne, II
City Manager
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
4
Second Addendum to Commercial Docking Permit 08-04-05
tnR- \
RESOLUTION NO. 05-26
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING A SECOND ADDENDUM TO
THE PRIVATE DOCKING PERMIT FOR STORAGE OF
VESSELS AT THE CLEARWATER MUNICIPAL MARINA
INCORPORATING A NUMBER OF RULES AND
REGULATIONS, POLICIES AND PROCEDURES NEEDING
DOCUMENTATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater wishes to authorize a second addendum to
the private docking permit for storage of vessels at the Clearwater Municipal Marina
incorporating a number of rules and regulation, policies and procedures needing
documentation, a copy of which is attached to this resolution and incorporated herein
by reference; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves authorizing a second
addendum to the private docking permit incorporating these rules and regulations,
polices and procedures.
Section 2~ This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2005.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 05-26
Rl.'" Id, 3 ~
-
SECOND ADDENDUM TO PRIVATE DOCKING PERMIT
THIS SECOND ADDENDUM TO THE PRIVATE DOCKING PERMIT is made
and entered into this day of , 2005, on behalf of the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City" for
CURRENT PRIVATE DOCK PERMIT TENANTS AT THE CLEARWATER MUNICIPAL
MARl NA.
WHEREAS, the City wishes to make certain changes to the Private Dock Permits
at the Clearwater Municipal Marina, the City agrees to add the second addendum as of
pursuant to the terms described herein.
NOW THEREFORE, the City agrees to amend the Private Docking Permit as
follows:
1. All language referring to "Harbormaster" is to be replaced by "Marine &
Aviation Director or his designee."
2. Section 1 - CONDITIONS & AUTHORITY:
***** This permit shall not be construed as granting any property interest in
the slip or facility, but shall be deemed a license aqreement subject to all
of the terms contained herein and the applicable ordinances of the City.
*****
Section 1 A - REQUIRED DOCUMENTS:
Copies of the current Florida vessel reqistration will be provided to the
Marine & Aviation Director or his desiqnee yearly. as well as all applicable
renewal documents.
3. Section 2 - PAYMENT OF DOCKAGE FEES:
*****
Prepayments: You will receive a discount when prepayinq your monthly
slip rent in 6 months and 12 months increments as follows;
. 6 months prepayment will receive a 2.5% discount.
. 12 months prepayment will receive a 5% discount.
. Any electricity used by tenant will be billed separately.
Fuel Payment Policy - payment for fuel must be obtained at the time of
purchase. If the credit card is declined. a check or cash must be received
prior to the boat leavinq the fuel dock slip.
4. Section 6 - LAW, RULES AND REGULATIONS:*****
. Living aboard vessels is prohibited. Private tenants may stay
aboard a total of 8 niqhts per month.
Second Addendum to Private Docking Permit 08-04-05
5.
2
. Any owner expecting to vacate his slip for any period in excess of
seven (7) consecutive days shall notify the Harborm3ster Marine &
Aviation Director or his desianee in advance in writina.
. If the slip will be vacated for 60 consecutive davs. the tenant will
notifv the Marine & Aviation Director or his desiqnee of the vacancy
prior to the departure of the vessel. An extension of one 60-day
period may be requested in writina. The slip shall not be vacated
for more than 120 days. On,j\~~~j,j"~j,~1'::",j"g"~,~;,j!'~j~,j\,~,!!"R,,"",~!,I,I"j~~C'~j~'~
2~2iI2~!~,!~~.2,~~~~~~2,~~j,~;~!!~!~~~!!!;!!!!!!'!!!!!'!~~!!i!!~!!!:!!!!!!!!!!!!~!!!!!!!!!!!!!,!~!!!!~I'v
~!~tiililed!!!!!!,!!!.,!I~!!'!i!il.the!ii.ii,i.iilii!rectar!!!!li~iJiliit'liH'!,iii!ellJeAiJalju,.!!.!!.!.!!!!!llirl,u,l!IstsmGes.
EIIJenuatinq circumstances will be determined on a case-by-case
basis. and will be at the discretion of the Marine & Aviation Director
or his desianee.
. The City reserves the right to use any empty slip for temporary
transient boaters, after verifying by phone that the permanent
tenant will not be using the slip, without subsidizing the dock permit
holder. The electric usage for this period of use by the transient
boater will not be charged to the permanent tenant.
. It shall be unlawful for any person to willfully make. continue or
cause to be made or continued any loud and raucous noise which
because of its volume level. duration and character. annoys.
disturbs. iniures or endanqers the comfort. health. peace or safety
of reasonable persons of ordinary sensibilities within the limits of
the City. This Development Code Section 3-1508 includes enaine
exhaust.
. No refuse shall be thrown overboard at the marina. Garbage and
trash shall be deposited in containers provided for that purpose the
dumpsters.
. Water shall not te be wasted. The Florida Administrative Code
40D-22 states washina vehicles. cars. boats. boat motors and
recreational vehicles may be washed on any day. at any time when
necessary. as lono as a shut-off nozzle or other water efficient
device is used. (Except as water restrictions may be imposed.)
Addition31 charges 'Nill be added to the slip rent of any tenant using
abnorm31 3mounts of V.'3tor. All electric, telephone, dock box, and
cable 3nd dock office rental ch3rgos will be paid by the slip tenant.
*****
Section 7 - SALE OF PRIVATE VESSEL(S) NAMED IN DOCKING
PERMIT: *****
. If the seUef tenant elects to retain the slip for another vessel, he will
have ninety (90) 60 days from the date of sale to acquire a
replacement vessel, titled in his name, and place it in the slip. The
seUef tenant may request in writing one extension of the 00 60-day
period, not to exceed one hundred eighty (180) 120 days. On the
121st day. the slip will become available for a new tenantii!iiiuini'llesSlal"l
Second Addendum to Private Docking Permit 08-04-05
extensiond:~iS~ISpecificall~~:!ratlthcirlzea;~bv. the~Director;'.:aue;;~to
eXfenuatinal~crrauinstai1ces. Extenuatinq circumstances will be
determined on a case-by-case basis. and will be at the discretion of
the Marine & Aviation Director or his desiqnee how to handle.
Should he fail to comply, his docking permit will be revoked and the
slip ~:.'i11 be assigned to ~mother person on the 'A'3iting list. During
this period, the City will have the right to use the slip for transient
dockage and the holder of the docking permit may not permit any
other vessel not personally owned by him to be placed in the slip.
*****
6. Section 9 - EMERGENCIES, HURRICANES OR OTHER ACTS OF
GOD: *****
. Marina policv reqardinq electric shutoff to the Fuel Dock and slips:
If a hiQh tide reaches the top of the lowest docks. we shut off the
power to the lowest docks. If the tide reaches the bottom of the fuel
dock. we shut off the Dower to all the docks. includinq the fuel dock
pumps until it is safe to be turned back on. .
*****
IN WITNESS WHEREOF, the City has set their hands and seals the day and
year above written.
Cou ntersigned:
CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard
Mayor
By:
William B. Horne, II
City Manager
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
3
Second Addendum to Private Docking Permit 08-04-05
;.;' .
/ ).,
Sand Key Buoys Direction August 1, 2005
1. Question:
a. On March 9th the Marine Advisory Board discussed this issue, but took no
action. Have they made any specific recommendation for or against?
2. Aesthetics:
a. 3 foot high 9 inch round buoy placed 300 feet out and every 300 feet.
b. Observed Bellaire Beach's buoys from the 10th floor of Dan's Island
South. Can't really see them unless focus specifically on them.
c. I don't see this as a significant aesthetic issue especially when viewed
against the crab traps that are frequently visible and more numerous.
3. If no safety issue, then it is the 65% rule.
4. Safety
a. Cost
1. Not a direct comparison with potential safety problems on land
where the incremental cost is higher
11. $20,000 is the current cost - right?
111. Buoys are less costly than patrol boats.
b. Effectiveness
i. 24 x 7
ii. Buoy works at Bellaire Beach
c. Potential safety issue
i. Have received some photos showing water craft going at wake
speed near the shore.
11. No reports of concern from public safety organizations in this
specific area.
111. First hand observation
1. I have seen people in the water their heads are small
2. I have not personally seen boats in combination with
people
3. Red tide situation
IV. Don't want to use the FDOT standard that there must be a fatality
before implementing a signal change. Public Safety is primary
concern.
d. What do we know about safety with the re-nourishment process?
5. Split community
a. Heard other safety concerns on Sand Key - likely much harder to fix.
b. Personal conflict.
6, Initial reaction is to wait until the re-nourishment occurs and evaluate again.
Sand Key Buoys direction WS 050801
Printed 7/31/2005 10:36 PM
L
/ ~,
,~<:j7 ~ 7
Y. / Thank~<Jri,;n" """,,-----
4.'\\ From: Brumback, Garry
Sent: Friday, July 29,200511:49 AM
, To: Morris, William D.; Horne, William; Goudeau, Cyndie
~~ Cc: Wilson, Denise; Phillips, Sue
" - Subject: RE: Buoys
This works for me...! will defer to Bill for any additional amplification.
Cyndie, This isn't on the current agenda, but should be for :Monday.
Garry Brumback
Statement:
...,
~: \ : /
I do have a safety concern for both the
recreational swimmers and the boaters that use the
public beach and shallow "near shore" waters
along the Gulf Side of Sand Key. While there have
not been calls for service to the Sheriffs office or
response to accidents, there have been increasing
complaints to my office. This area has seen an
increase in vessel traffic close to shore due in part
to actions taken by neighboring municipalities, an
overall increase in recreational boating and a
decrease in waterfront areas within the city that do
not have either vessel speed, wake height or entry
restrictions. With boater access becoming an issue
of increasing importance, we can expect increased
demand for access, increased demand on existing
enforcement resources and possible an increase in
requests for more regulation. Working with me, the
Marine Advisory Board has undertaken a six month
facilitated review of all of Clearwater's existing
waterway regulations and areas of concern and
spend 1/2 their monthly scheduled meeting working
towards a Comprehensive Waterway management
plan.
end of statement
~~
u~
City Council
_,,,.,,.,,,_~.g,~nd~,.,,~~ov~~.,,,M,~!:!!.~.~,~J'd u m "
CN-6> i~
\s_\
Tracking Number: 1,473
Actual Date: 08/04/2005
Subject / Recommendation:
Pass Ordinance 7495-05 on first reading, amending Section 15.07, Code of Ordinances, to clarify
the procedures for declaring a state of emergency,
Summary:
The Clearwater Code of Ordinances currently requires that a declaration of a local state of
emergency be confirmed by resolution within 5 working days. This requirement is not found in
either Florida Statutes or the Pinellas County Code.
The procedures for declaring a state of emergency should reflect the procedures contained in
Section 252.38(3)5., Florida Statutes (2005),
Originating: City Attorney
Section City Attorney Reports
Category: Code Amendments, Ordinances and Resolutions
Public Hearing: Yes
Advertised Dates: 07/24/2005
Financial Information:
Review Approval
Pam Akin
07-12-2005
16:24:00
Cvndie Goudeau
07-20-2005
09:47:01
QR - \ S
ORDINANCE NO. 7495-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO DECLARATIONS OF A STATE
OF EMERGENCY; AMENDING SECTION 15.07,
CLEARWATER CODE OF ORDINANCES, TO CLARIFY
THE PROCEDURES FOR DECLARING A STATE OF
EMERGENCY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the confirmation by resolution within five working days of a
declaration of state of emergency is not required; and
WHEREAS, the procedures for declaring a state of emergency should
reflect the procedures contained in Section 252.38(3)5. Florida Statutes (1994);
now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 15.07, Code of Ordinances, is hereby amended to read as
follows:
Sec. 15.07. Declaration of state of emergency.
(1) The mayor, vice-mayor, city manager, and assistant city manager, in the
order named, shall have the authority to declare a state of emergency by
proclamation. Upon the absence or unavailability of the mayor, the vice-mayor
may issue such a declaration, and upon the absence or unavailability of the mayor
and the vice-mayor, the city manager or, upon the absence of unavailability of the
city manager, an assistant city manager, may issue such a declaration.
(2) Any declaration of a state of emergency and all emergency regulations
activated under the provisions of this chapter shall be confirmed by the city council
city commission by resolution within five '!Iorking d3Ys of such doclar3tion or at the
next regularly scheduled meeting of the city council. city commission, whichever
occurs first, unless the n3ture of the emergency renders 3 meeting of the city
commission extremely impr3ctical. Confirmation of the emergency declaration
shall disclose the reasons for, anticipated impacts of, actions proposed and taken
to manage the emergency, and other pertinent data relating to the emergency
requiring the declaration.
(3) Emergency resolutions authorized by this chapter shall include but are not
limited to the following subjects:
Ordinance No. 7495-05
Resolution
Subject
A
Evacuation
B
Curfews; declaration of areas off limits
C
Suspension or regulation of sale of
alcoholic beverages, firearms, explosives
or combustibles
D
Prohibiting the use of merchandise,
goods or services at more than the
normal average retail price
E
Water use restrictions
F
Suspension of local building regulations
G
Rationing of fuel, ice and other essentials
H
Emergency procurement procedures
Gas use restrictions
(4) A declaration of a state of emergency shall activate the emergency plans
applicable to the city.
(5) The duration of each state of emerqency is limited to 7 days and may be
extended. as necessary. in 7-day increments. .'\ state of emergency, when
declared 3S provided in this section, shall continue in eff-ect from d3Y to day until
decl3red to be terminated.
(6) Upon the declaration of a state of emergency, the city manager shall post a
written notice of such declaration upon the main bulletin board in the city hall, and
shall notify by telephone not less than two newspapers of general circulation within
the city, at least three television stations and at least three radio stations
broadcasting in Pinellas or Hillsborough Counties. When practicable, the city
manager shall also cause the written notice to be published, in its entirety, at least
four days each week in a newspaper of general circulation in the city until the state
of emergency is declared to be terminated.
2
Ordinance No, 7495-05
(7) It shall be unlawful for any person to violate the provIsions of any
emergency resolution authorized by this chapter after first being warned by a law
enforcement officer.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Robert J. Surette
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
3
Ordinance No, 7495-05
/1 :)1 /
Current Planning Department Work Items to Address Code Concerns
. Implementation of Recent Code Changes - Code revised to require the burden of
proof upon the applicant (effective May 5,2005). Planning Department staff is
currently working with applicants to ensure adequate information is contained in
application regarding project's compliance with flexibility and general standards
criterion.
. Pinellas Planning Council (PPC) Contract - As a result of discussions at the
Frequent User Group workshop in Nov. 2004 and at a Community Development
Board meeting in February 2005, the Dept. hired the PPC to prepare an analysis
of the City's development review process. Work on this project began April and
will be complete at the end of September.
. Community Development Code Amendments - The Department has drafted an
ordinance with approximately 40 code amendments. Many of these will eliminate
internal inconsistencies, however, several will address issues raised by the
Council and are as follows:
o Eliminate the 20% limitation on transfer of development rights for hotel
development.
o Increase the minimum parking required for attached dwellings from 1.5
spaces per unit to 2 spaces per unit.
o Limit Comprehensive Infill Redevelopment Projects to uses allowed by
the particular zoning district instead of uses allowed by the underlying
future land use plan category.
o Impose a 500' separation requirement between temporary seasonal sales
and permanent businesses selling similar products.
. Evaluation and Appraisal Report (EAR) - The Department is currently working
on the EAR to determine the effectiveness of policies including redevelopment,
infill and landscaping issues currently contained in the plan. Urban design issues
will be discussed through this process.
· Old Florida District Study - A major component of the Old Florida District study
is determining appropriate development concepts for this area e.g. enhanced
performance where flexibility is allowed.
/.J' /
Talking Points re: Code Concerns
. Since January 2000:
o 313 cases have been approved by the CDB.
o 152 cases were CIRP projects (48%)
o 56 cases were RIRP projects (18%)
o 105 cases were other Flexible development uses (34%)
o 304 FLS cases have been approved.
. Based on the organization of code, no variance process exists. CIRP and RIRP are
the only means to request a "variance." There have been a very small number of
the CIRP cases that have allowed uses permitted by the future land use but not by
the zoning.
. If there are concerns about what's been allowed through the CIRP, perhaps the
criteria/standards for CIRP need to be changed. Example - CIRP has no
dimensional standards. Maximum deviations could be imposed e.g. specific
dimension; or maybe more concrete specific criteria - height can't be increase
more than X% above allowable height, lot width can't be reduced beyond x% of
the average lot width within a certain vicinity, etc,
. City Council has made numerous code amendments over the past 5 years. (17
ordinances making minor and major revisions to code).
. Planning Department has been working on issues raised at various meetings.
o PPC hired to conduct process analysis and identify portions of
process/requirements that may be too complex or burdensome
o Staff preparing code amendments - address some of issues raised by
Council.
o Staff working with applicants to implement code changes re: burden of
proof.
o EAR and Old Florida Study will review performance/design issues
· Burden of Proof - even though the applicant must submit information that details
why they believe their application meets all criteria, the Planning Department
must also make an independent judgment about whether it believes the criteria is
met.
· Staff Review of Flexibility Criteria - staff must balance how development is
compatible with adjacent properties, the surrounding neighborhood and the
allowable densitylintensity of the zoning district. It is not possible to limit a
property's development potential because the adjacent property was developed
under different conditions (different zoning requirements) or is grossly
underdeveloped, etc.
1
. Potential Standards Recommended by Councilman Jonson
o Likelihood of redevelopment of adjacent properties - this is very difficult
to determine. One could consider value of land vs. value of building to
determine whether property is ripe for redevelopment, however, that
standard probably is not as logical on the beach as it would be of blighted
areas in downtown. Furthermore, there are many more factors to make a
property suitable for redevelopment. (One big factor is the property
owner's desire, which we cannot assess).
o Conformity of Adjacent Property - how is the applicant/staff to determine
this? The conformity of the use could be determined but without a survey,
staff could not determine the conformity of the property. Furthermore, we
would not want applicants trying to make an official determination in their
submittal of whether or not a property is conforming.
o Zoning of Adjacent Properties - this information is already contained in
the staff reports,
o Scale, bulk, coverage, density and character of adjacent properties - an
exact determination of coverage and density are not generally made
because we don't have surveys of adjacent properties submitted; however,
staff makes some assumptions based on site visits and aerial photographs.
o Benefits of proposed development accruing to adjacent properties - don't
think this is a legal standard. Not sure how to document benefits.
· There really is no absolute certainty that conditions will remain the same with
property. Rezonings are always processed as well as code amendments. This
is done through a public hearing process and changes do occur (e.g. golf
course case, new code, etc.)
2
Wilson. Denise
-.,
From:
Sent:
To:
Cc:
Subject:
15_ \
Cc. jV\tS 8-~ -05
Delk, Michael
Thursday, August 04, 2005 11 :05 AM
Horne, William
Brumback, Garry
FW: Planning Dept. Work Items
Importance:
High
Bill - You had asked that I have something prepared to provide to Council indicating the items related to code matters that
are imminently coming before them.
Please advise if this is what you had in mind.
michael
-----Original Message-----
From: Clayton, Gina
Sent: Thursday, August 04,200511:03 AM
To: Delk, Michael
Subject: Planning Dept. Work Items
Importance: High
Attached please find information regarding current Planning Department work items related to code issues raised by City
Council. If you need additional information, please let me know.
~
Current
ing Department
Gina L. Clayton
Assistant Planning Director
City of Clearwater
gina.c1ayton@myclearwater.com
727-562-4587
1
~
Current Planning Department Work Items to Address Code Concerns
. Implementation of Recent Code Changes - Code revised to require the burden of
proof upon the applicant (effective May 5,2005). Planning Department staff is
currently working with applicants to ensure adequate information is contained in
application regarding project's compliance with flexibility and general standards
criterion.
. Pinellas Planning Council (PPC) Contract - As a result of discussions at the
Frequent User Group workshop in Nov. 2004 and at a Community Development
Board meeting in February 2005 , the Dept. hired the PPC to prepare an analysis
ofthe City's development review process. Work on this project began April and
will be complete in August.
. Community Development Code Amendments - The Department has drafted an
ordinance with approximately 40 code amendments. Many of these will eliminate
internal inconsistencies, however, several will address issues raised by the
Council and are as follows:
o Eliminate the 20% limitation on transfer of development rights for hotel
development.
o Increase the minimum parking required for attached dwellings from 1.5
spaces per unit to 2 spaces per unit.
o Limit Comprehensive Infill Redevelopment Projects to uses allowed by
the particular zoning district instead of uses allowed by the underlying
future land use plan category.
o Impose a 500' separation requirement between temporary seasonal sales
and permanent businesses selling similar products.
. Evaluation and Appraisal Report (EAR) - The Department is currently working
on the EAR to determine the effectiveness of policies including redevelopment,
infill and landscaping issues currently contained in the plan. Urban design issues
will be discussed through this process.
. Old Florida District Study - A major component ofthe Old Florida District study
is determining appropriate development concepts for this area e.g. enhanced
performance where flexibility is allowed.
IS. \
Horne, William
From:
Sent:
To:
Cc:
Subject:
Delk. Michael
Thursday, August 04, 2005 10:56 AM
Horne, William
Brumback, Garry
CC Meeting
~c I'HS 8-'--1-05
FYI. We've looked at 313 approved cases going back to 2000 so it is a statistically significant number. 66% are infill of
one form or another. 48% are "Comp Infill" and 18% are residential infill. Less than a dozen (possibly much less) are
"use" issues (or variances where underlying land use allows use but the zoning district does not).
In essence, this is Clearwater's variance process. Given a performance based code, it is appropriate in this context. It
brings us full circle to the performance question. If they are concerned about height or other items utilizing comp (or
residential) infill to vary from the standard in a manner we think beyond what we want as a matter of public policy, we can
adjust.
Per your direction I'll give Mr. Doran a call about the numbers.
Depending upon how they react to these findings, a quick decision on this matter could have substantial policy
implications and constitute a rather significant change to our approach to land development. We certainly will want to
carefully consider it. Much can be said about this process in terms of implication, flexibility, zoning and land use issues.
I think we may want to consider using our upcoming "one on ones" on the code amendments to delve into this specific
issue a little more. I think it important we (planning) could discuss this with Pam before any final decision is made,
michael
1
( ~AJ'
~ 11\ ~
i\~\~
~(1~~
Motions:
1. Move to adopt in concept and direct staff to draft formal language to require:
Applications for level 2 flexibility to dimensional aspects of height or setback
shall be considered incomplete, if the application does not present documented
comparisons to adjacent properties. Adjacent properties are defined as properties
sharing a common property line with the proposed development.
2. Move to adopt in concept and direct staff to draft formal language to require:
When evaluating the criteria contained in Sec. 3-913 A.I the following shall be
considered
~~
~
1. Likelihood of redevelopment of the adjacent properties.
11. Conformity of the adjacent properties
111. Zoning of the adjacent properties.
IV. Scale, bulk, coverage density, and character of the adjacent
properties.
v. Benefits of the proposed redevelopment accruing to adjacent
properties.
3. Move to adopt in concept and direct staff to draft formal language to require:
Infill approval shall be finally approved at the Council Level.
4. Move to adopt in concept and direct staff to draft formal language to require:
conformity to the explicit current flexibility of the code and remove "maneuver
room" .
5. Move to adopt in concept and direct staffto draft formal language to require: two
parking spaces per residential unit when the units are larger than 2,000 sq ft.
6. Move to adopt in concept and direct staff to draft formal language to require:
include in the calculation of building height those rooftop amenities that consist of
more than permanent decking and roof access. This will include in the building
height consideration all permanently mounted exercise or spa equipment, shade
structures and roofs, kitchens, and living amenities.
7. Move to adopt in concept and direct staff to draft formal language to require
modification of the Current wording in MHDR 2-403 B.2.b "The increased height
will not reduce the vertical component of the view from a parcel of land which is
designated as low density residential in the Zoning Atlas." To substitute LDR or
LMDR for the word "low" and to specifiy such provision applies only adjacent
LDR or LMDR.
8. Move to have a separate workshop specifically on form of development including
open space and urban design.
9. Move to have regular meetings jointly with the CDB and The Council to discuss
proposed changes and experience (not less than 2 per year nor more often than
quarterly).
LDR Issues Council Priorities 050804
2
Printed 8/4/2005 4:49 PM
<-~~
~l, ?)
~h~' LDR Issues Council Discussion 050804
1. Priorities:
a. First: Harmony of adjacent properties:
i. Amendments to the code to require greater consideration of
impacts/benefits to adjacent properties.
b. Second: Infill should be a "fail safe device" decided by the Council not
the average application approved by CDS. There is plenty of flexibility
prior to this point.
c. Third: Provide Quasi-Judicial education to general public on the process
and requirements so that they have an equal footing to present concerns
and alternatives.
d. Fourth: Standards as a bright line or room to maneuver. During the
meeting on 5/31 there was considerable discussion on this.
i, Quasi-judicial process
11. Performance based code should get something in return
1. Charlie said that
111. The Code is all about limits with specified flexibility - average
person should be able to read the code and understand.
IV. Shouldn't be that every new developer wants what the last guy got
and then more,
e. Fifth: Form of Development - we are not getting what we expected
1. Open Space, Urban Design, view corridors, massing, taller-skinner
or fatter-shorter.
f. Sixth: Specific Items
1. Parking
11. Roof top amenities
111. View Corridor from low density residential
IV. Periodic review meeting
2. Questions:
a. Do we want to keep this radical form of code?
b. Does the code have adequate specificity?
c. Do we want to revisit Beach by Design?
Original purpose: Streamline development process and provide predictability and
flexibility in a manner that creates adequate safeguards for surrounding properties and
neighborhoods. (November 19, 1998)
LDR Issues Council Priorities 050804
1
Printed 8/4/2005 4:49 PM
/. I l
CDB Council Discussion of Land Development Code Issues
Key Issues Summary
May 31, 2005
1. Merging discussions with the PPC work (p.l Gildersleeve)
2, Infill
a. Especially related to change of use (p.2 Hibbard)
b. Infill to Council? (p.3 Peterson also Jonson on pA))
c, Pinellas Redevelopment Summit best use for land use changes (pA
Fritsch).
d. Proactive zoning survey of existing land uses.(pA Doran)
e. Infill is just as easy as Flexible Development, so everyone goes to infill
(pA Jonson) Should be opportunity of "last resort" - that is what the code
reads not just get more stuff (p.31 Jonson)
f. Do away with infill (p.6 Johnson)
g. I agree that we need to tighten up infill (p.22 Hibbard)
3. Harmony with Adjoining Properties
a. Simulation photograph or drawing needed (p.7 Coates) Asked if there was
consensus on this change - no objections raised (p.30 Jonson)
b. Need to compare to forward environment, not necessarily what is there
now. (p.7 Doran)
c. Applications do not specifically respond to question on impact to
adjoining properties, yet staff and CDB accept them. Are bypassing the
key code requirement for substantial competent evidence (p.16&17
Jonson)
d. QuantifYing benefits to neighbors is a "good little task" (p.l 7 Hibbard)
e. It is a difficult task particularly if area is in transition (p.17 Coates)
4. Form of Development
a. Scale of Projects (p.7 Fritsch)
b. Side setbacks (p. 7 Gildersleeve)
c. Design of structures not just rectangular design (p. 8 Gildersleeve),
d. How can the CDB stop bad design (p.8 Peterson)
e. Desire was to have better design (p.8 Hibbard)
f. Number of units and still have b~tter design (p:9 Gildersleeve)
g. The biggest size box is always built, do we want to reduce the size that can
be built. (p.lO Hibbard)
h. Taller and skinner or fat and short (p,l 0 Hibbard)
1. Size of box and number of units must be independent (p.ll Jonson)
J. Community was promised better design with more flexibility -
expectations vs. delivery (p.ll Jonson)
k. View corridors, landscaping and structural design - not sure have held true
in decisions. (p.ll Gildersleeve)
1. Need Urban Designer on Staff (p,ll Gildersleeve)
m. Biggest flaw is we have no open space requirement. Used ta have a strict
open space requirement (p. ] 5 Pliska)
n. If a developer is to maximize development on property sideline to sideline
should say no (p.17 Gildersleeve). I think we have already agreed that that
is our overall policy (p,I7 Hibbard)
5. Adjust parking from 1.5 to 2 per unit
a, People buying 2500 sq. ft. condos are going to have 2 cars (p.l 0
Hamilton)
b. Big developers are going to provide 2 (p.15 Pliska)
c, Need to address how you get to parking space too with out a 3 or 4 point
turn (p.23 Pliska)
d. How do you get deliveries in tight urban settings, code doesn't address
(p.38 & 39 Coates)
6. Accessibility
a, Concern for access by fire trucks (p.23 Fritsch)
, b, Fire access is covered in DRC (p.23 Coates)
7. Setback Definitions
a. To parking or to building are confusing to citizens (p.30 Jonson)
8. Business Friendly Environment
a. Unfriendly history, expectation of change with new code to successful
redevelopment (p.12 Home)
b, Need to balance needs to not let redevelopment projects get away from us,
(p,I2 Home)
c. Developers constantly complaining about Planning Directors and codes
(p.13 Horne)
d. Developers need to provide "a bit" more information to be helpful to staff
and Board (p.13 Dennehy)
9. CDB Attendance
a. Attendance affects decisions (p.12 Home)
b. Need to know code requirement on absences (p.22 Gildersleeve)
10. New Code vs. old code
a. The new process takes longer than the old code (p,14 Pliska)
b. Too much flexibility in the new code, too much gray area, too much staff
control (p.15 Pliska)
11. Small Projects Need Different Approach
a. Too much effort for small projects (p,14 Pliska) Is full engineering
required (p.24 Pliska)
b. Today fairly onerous requirement (p.23 Coates)
c. Code was set up that way to speed development cycle (p,23 Clayton)
d, Let applicant decide fast or slow route (p.23 Hamilton)
12. Staff Support
a. Staff is being asked to make marketing appraisal evaluations without
background (p. 13 Dennehy)
b. You can write papers on adverse economic impact on abutting property _
very difficult for staff to address (p.15 Gildersleeve)
c. Too much subjectivity in the past. (p.13 Johnson)
d. Staff is on target, but need to simplify process to reduce iterations (p,13
Gildersleeve)
e. Staff support is available on weekends (p.14 Dennehy) {Shouldn't be
contacting staff on weekends}
f. DRC is negatjve negative negative (p.14 Plisko)
g. Big concern is consistency of interpretation as a result of staff changes,
and it takes too long to get interpretation (p.IS Plisko)
13. Standards as a bright line
a. When staff says no, developer calls Councilmember, Councilmember calls
City Manager - every time (p,13 Home)
b, Evaluation of staff complainers identified several professionals that
consistently struggle with competent product - are working with them to
clarify requirements (p.19 Home)
c. Siemons reported the intent was to reward the outcomes you desire, some
of our developers never turn in a finished product (p.28 Jonson)
d. Developer handholding is a combination of holding their feet to the fire to
do the right thing, but this means they can't move as quickly as want.
(p.20 Home)
e. Some development teams couldn't get their stuff done if we were to take a
more hard line stand and quite frankly I don't have a problem with doing
that (p.20 Home)
f We could identify a harder point, but would the development community
live with those hard points - are they willing to accept some of those
absolutes? (p.20 Home)
g. What is your tenor? Do we make people really toe the line? Do you want
us to have a forgiving spirit? Those are the kinds of things that our staff
needs to internalize so that we don't shut people out, when you really want
us to give them some room to maneuver, or give them some rope however
you want to define it. (p.20 Home)
h. When give room to maneuver, City should get something back in return
(p.20 Coates)
14, Staff denial recommendation to CDB - conditions
a. Denial recommendation shouldn't come forward with conditions for
approval (p.18 Gildersleeve)
b. Don't think the board should negotiate conditions (p.19 Plisko)
c. Denial from staff is exactly that. You can't come with mixed message
(p.19 Hamilton)
15. Process for recommending changes
a. Would like workshop (p.23 Dennehy)
b. Twice a year (p,23 Dennehy)
c. Every three months or so (p.23 Coates)
16. Quasi-Judicial process from viewpoint of neighbors
a. Perception of fairness at DRC: developer seems to have higher standing
(p,28 Jonson)
b. Reluctant to change DRC to a public hearing (p.29 Doran) Agree (p.30
Peterson)
c. Citizens don't understand quasi-judicial what counts and what doesn't and
how they can be effective - don't understand Party Status. Should have
Neighborhood Services provide guidance (p.28 Jonson)
d. Very important what neighbors think as they are the surrounding
ambiance. Difficult for average Joe - need user guide (p,28 Coates)
e. Should attach to Notice an explanation of Party Status (p.28 Gildersleeve)
f. Neighborhood Coalition will offer workshops and mentors (p.28 Doran)
17. Staff and CDB not following code's policy direction - rooftop stuff
a. 12 Idlewild added an additional story of living space above the official
height limit. The code allows only mechanical equipment to be not
counted in height (p.31 Jonson)
b. I understood the code allowed a lot more than elevator shafts (P.32
Dennehy).
c. Building can be strongly advantaged of making use of access to roof, but
not if a cheap way of getting another story on building (p.32 Coates)
d. I agree rooftop uses are great, but must be counted as height (p.33
Peterson)
e. Policy guidelines are not clearly written and the policy didn't foresee
usage as an amenity (p.33 Coates)
f. Should limit what can do (p.33 Hamilton)
g. Building code, if add appurtenances then are adding structure and should
be in height. Need to deal with means of egress (p.33 Delk)
h, Use should be secondary to appearance that looks like added another floor
(p.34 Gildersleeve)
1. CDB'sjob is to follow code, if something doesn't make sense raise a
policy issue to Council. That is what citizens expect. (p,34 Jonson)
18. Performance based code
a. We keep saying the code is performance based, but the code does not have
criteria that better design is required for more flexibility (p.35 Jonson)
b. New staff architect will address qualitative aspects (p,35 Dennehy)
c. Must be fair and consistent, maybe not always been that way in the past.
(p.35 Delk)
d. We have a great code that is very flexible that allows the development
community, that allows people on the other side of the table a lot of
latitude and a lot of opportunity, same with staff, but maybe in some of
these key areas we are not pleased as a community with how it performs
and so we can go back and take a look at some of these things and try to
make sure that it performs better in some of these key areas, I can tell you
that the department is starting to look at and talk about and consider some
of these things. (p.36 Delk)
e. Now having a staff architect will help us have some level of conversation.
But I just wanted everybody to know that that is not something that has
been received well from some of our customers to have us exercise of the
comments about Brightwater as an example and how you feel about it.
We are certainly willing to do and it is clear what you expect us to do. I
would just ask that when we do that and they come complaining to you
.. '
that would reinforce our view of following your policy guidance, (p,36
Horne)
f. Difficult to control architecture with out a set of guidelines (p,36 Clayton)
g. In St. Pete and Lakeland they sing the virtues of design guidelines a..s
critical to the success oftheir community (p,36 Jonson)
19. Beach by Design
a. I want a meeting on Beach by Design because that is where most of our
problems have occurred in the past several months (p,38 Johnson)
b. Will set up another workshop in the future (p.39 Hibbard)
20. ACTION PLAN -
a. The CDB heard our opinions on the philosophy ofthe direction that we
think you aught to make decisions in. (p.37 Hibbard)
b, Infill is definitely an i~sue, policy on rooftop uses, use of alternative
approaches on full engineering plans (p.37 & 38 Hibbard)
c. Follow up on parking policy (p.38 Dennehy)
d. Need a summary of the discussion so group can assign priority for staff to
start on the most critical issues (p.38 Gildersleeve)
e. Infill is a top priority (p.) 8 Hibbard)
LDR CDB Council Discussion followup 7/181/05
1. Joint meeting on 5/31 was very productive with many issues identified.
a. This followed a workshop for the CDB in February that was most
interesting with a report from Largo and St. Petersburg.
b. The February workshop followed ajoint meeting in December where be
brought Charlie Siemon in, Yet out of none of these meetings did we take
specific action or take a vote to resolve a points of difference.
c. Lance Dehaven Smith when he lead a workshop for us 4 years ago
suggested that in a collegial body, voting was the way to resolve
differences and move on.
2. I thought the minutes generated by the Clerks Office were too brief to be the basis
for policy decisions. Nor did they indicate policy direction - which we couldn't
do at a workshop.
3. I obtained the audiotapes and transcribed the meeting, Although I have since
found several typos, I did want to share the full context of the meeting.
4, I then went back through the transcript to group issues together. Again that was
distributed to you. [COPIES ARE A V AILABLE FOR YOU TODAY]
5. The question for the group is where do we go from here?
a. After the meeting there were four items proposed for follow-up in the
email from Bill Home of 6/1.
1. A more restrictive use of Infill as a form of development
n. Clarification of Roof Top approved appurtenances.
111. Requirement for full engineering drawings.
IV, Schedule Beach By Design Workshop requested by CDB member
J.B. Johnson,
b. Based on my notes from the meeting I added several other points in an
email of June 6.:
I. Desire for more Open Space and Improved Urban Design
11. Desire to tighten the parking requirements for accessibility and to
more align with the changing nature of larger condo units (perhaps
2 parking spaces per unit)
Ill. Regular CouncillCDB meetings (Qtrly.) to discuss
recommendations to improve the code.
IV. Requiring additional information from the applicant to facilitate
impact analysis on adjoining properties.
v. Involve the Coalition of Homeowners in neighborhood education
and improve access to info about quasi-judicial process
VI. Take infoffilation coming out of Old Florida process and fold into
process.
c. Question I: What is in process?
i, Know are working with the Coalition on neighborhood education.
ii. When will we see other items coming to us?
d. Question 2: How do we drive to the ground the other issues flying about?
i. Go over them today?
ii, Do Thursday at a meeting where decisions can be made?
lll. Hold a special meeting on this subject where votes can be taken?
6. Comments and Observations on specific issues:
a. Infill
1. In the Mayor's summary at the meeting, he said that infill was our
highest priority
II. But do we agree on what changes we want to make to infill?
1, J.B. Johnson wanted to do away with it entirely
2, Mayor said wanted to tighten up.
3. I want to make it come to the Council so that it is a "fail
safe device" for special circumstances. I remind you that
this is what Mr. Siemon reported was the intent back in
December - a "fail safe device".
4. [HOW DO WE RESOLVE THIS?)
tb,~, Harmony of adjoining properties
i. I believe the code is clear that the impact on adjoining properties is
supposed to be a big part of the consideration of approving
flexibility.
II. I believe the intent of the code is clear - A review of the agenda
item when the redevelopment code was passed includes the
statement: "in a manner that creates adequate safeguards for
surrounding properties"
Ill. Yet since the CDB is not addressing these issues, I am proposing
that we add additional clarity to the code requirements with the
following additions:
1. Applications for level 2 flexibility to dimensional aspects
of height or setback shall be considered incomplete, if the
application does not present documented comparisons to
adjoining properties. Adjoining properties are defined as
properties sharing a common property line with the
proposed development.
2. When evaluating the criteria contained in Sec. 3-913 A,l
the following shall be considered:
a. Likelihood of redevelopment of the adjoining
property,
b, Conformity of the adjoining property
c. Zoning of the adjoining property,
IV. We don't need another Skiff Point to divide the community. I
consider this a high priority and therefore want to ask for your vote
on these proposed changes on Thursday.
c. Form of Development
'/-lbrv OG VOll
Df?l/lrilINE
I. I sense that there was general agreement that we didn't like what
we were getting.
II. That we needed Urban Design Assistance.
Ill. But I don't have specific wording on a change. How do we
proceed?
d. Parking
i. Again sense general agreement that a change is needed - where are
we?
e. Accessibility
i, Didn't seem to rise to an issue of needed change
f. Setback
i. Confusing to citizens - is there interest on the council to change
this?
g. Business Friendly environment
i. This is tied to Standards as a bright line below.
h. CDB Attendance
i. This is in process
1. New Code vs. Old Code
i. This is not so much a choice between codes, but rather what do we
do now?
J, Small Projects Need Different Approach
i. This is the issue of full engineering drawings that is under
advisement by staff.
ii, Status?
k. Standards as a bright line:
i. This is really a questions of "room to maneuver"
ll. The staff apparently has an opportunity to be more consistent with
interpretations
111. Some developers have an opportunity to be more complete and
conforming - City is doing training with them
IV, But when we get back to QUOTE room to maneuver UNQUOTE,
how do you avoid creeping limits, Each new developer gets what
the last guy got and then asks for a little more.
v. The suggestion was made that the development community may
not be willing to accept hard limits. In my opinion, the code is all
about LIMITS.
VI. This reminds me about Software Engineering Institute standards
that were being implemented at Honeywell. It consisted of small
modules that could be assembled with great flexibility, but were
fully standardized in themselves,
VII. I sat in the back of the room at the June CDB meeting. Two
developers talked to me. Neither were happy with the uncertainly
of the meeting, Would you want to make a significant investment
that might or might not get approved?
VIII. This ties into the later discussion of performance based code.
IX. I want to ask you Thursday about establishing bright lines.
I. Staff denial recommendation to CDB - conditions
i. I heard consensus that it was inappropriate to propose conditions
for approval on a project that is being recommended for denial.
m. Process for recommending changes
i, I heard general agreement for regular meetings - but was it 6
months or 3 months?
n. Quasi-judicial
i. I heard general agreement that would work with the Coalition and
Neighborhood Services
ii. Did we agree to provide more information with notices?
o. Rooftop stuff - following the code
i. This relates to the bright line
11. I heard general agreement that we should limit amenities on a roof
that would not be counted in height.
111. Is Staff going to make a proposal for us to consider?
IV, I suggest any electrical, pluming, or permanent structural amenities
on a roof related to rooftop occupant use would be counted in the
height of the building.
v. If there is a better suggestion, lets bring it forward, but I don't want
to delay this issue, Decide Thursday,
vi. Is there agreement?
p. Performance Based Code:
I. We say the code is performance based with various levels of
flexibility, yet everyone goes to the max. The purpose of the code
(agenda item 11/19/98: "Intended to streamline the development
process and provide PREDICTABILITY and flexibility in a
manner that creates adequate safeguards for surrpunding properties
and neighborhoods." This is a huge issue.
II. Key element of the code was that with more flexibility would
benefit the community more.
111. We are not meeting the commitment that was made to the 1/:;'4,./
community when the code was adopted?
iv. What are we going to do about that?
q. Beach by Design
i. There was a suggestion that we needed to address Beach by Design
as this was where most of the problems are.
II. My personal inclination is that the issues are more related to the
code rather than Beach By Design except of course Old Florida
District.
III. What is your reading?
r. ACTION PLAN:
I. We have been talking about some of these issues for a year. Yet
for some reason, we never reach resolution. Lance Dehaven Smith
when he lead a workshop for us 4 years ago suggested that in a
collegial body, voting was the way to resolve differences and move
on.
L
11. These are POLICY issues. Our JOB is POLICY. My suggestion
is to identify those immediate issues and schedule for first reading
on August 4.
Ill. Others should be prioritized.
s. View Corridor from low density residential
i. This came up at Skiff Point
11. It is a point of confusion
I. Current wording in MHDR 2-403 B.2.b "The increased
height will not reduce the vertical component of the view
from a parcel of land which is designated as low density
residential in the Zoning Atlas."
2. There is very little "LRD" in the zoning atlas. Del Oro,
North ofCaroluel Yacht Club, a few in the Countryside
area, and near Camp Soule.
111. This wording isn't used in the LMDR, just in MDR, MHDR, and
HDR.
IV. Either we should change wording to say "lower" density
residential, should specify LDR zoning even better say LDR or
LMDR.
v. Another aspect should probably restrict it to adiacent LDR or
LMDR.
L
Specific Change Proposals August 4 2005
1. My first priority on Thursday is the language relating to harmony with adjacent
properties.
a. Proposals - require for completeness Applications for level 2 flexibility to
dimensional aspects of height or setback shall be considered incomplete, if
the application does not present documented comparisons to adjacent
properties. Adjacent properties are defined as properties sharing a
common property line with the proposed development.
b. When evaluating the criteria contained in Sec. 3-913 A.l the following
shall be considered:
1. Likelihood of redevelopment of the adjacent properties.
11. Conformity of the adjacent properties
111. Zoning of the adjacent properties.
IV. Scale, bulk, coverage density, and character of the adjacent
properties.
v. Benefits ofthe proposed redevelopment accruing to adjacent
properties.
2. My second change deals with View Corridor from low density residential.
c. View Corridor from low density residential
i. This came up at Skiff Point
11. It is a point of confusion in the past as well
I. Current wording in MHDR 2-403 B.2.b "The increased
height will not reduce the vertical component of the view
from a parcel of land which is designated as low density
residential in the Zoning Atlas."
2. There is very little "LRD" in the zoning atlas. Del Oro,
North of Caroluel Yacht Club, a few in the Countryside
area, and near Camp Soule.
111. This wording isn't used in the LMDR, just in MDR, MHDR, and
HDR.
IV. Either we should change wording to say "lower" density
residential, or should specify LDR zoning; or even better say LDR
or LMDR.
v. Another aspect should probably restrict it to adiacent LDR or
LMDR.
r- -
oertels, Paul
,ject: RE: MLK Lighting
Sure,
give me a couple of days....
'^ --oPt:;,
\lyl~\ ~\ \ ~
6)
-----Original Message-----
From: Paul.Bertels@myClearwater.com
[mailto:Paul.Bertels@myClearwater.comj
Sent: Monday, January 03, 2005 11:02 AM
To: Gary.Johnson@myClearwater.com; GKoder@clearwater-fl.com;
Janis.Smith@myClearwater.com; Townsend, Steven S
Cc: DCurls@c1earwater-fl.com; Jeffrey.Voss@myClearwater.com
Subject: RE: MLK Lighting
Steven, these lights belong to you and we are renting them; can you have
someone check into the repairs? Thanks.
Paul Bertels
Manager
Traffic Operations Division
727-562-4794
Paul.Bertels@MyClearwater.com
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> This is either for Paul Bertels or Jeff Voss - thanks
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> Gary
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> I apologize in advance if this message does not belong to your
department.
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> The lights along the circle and Palmetto are more of a priority
since we are combating vandals and drug dealers in that area and issues
with the aquatic center.
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-----Original Message-----
From: Johnson, Gary
Sent: Monday, January 03, 2005 9:36 AM
To: Koder, George; Smith, Janis
Cc: Curls, Dirk; Bertels, Paul; Voss, Jeffrey
Subject: RE: MLK Lighting
-----Original Message-----
From: Koder, George
Sent: Wednesday, December 29, 2004
To: Johnson, Gary; Smith, Janis
Cc: Curls, Dirk
Subject: MLK Lighting
10:09 PM
Hello Gary,
There are approximately 10-12 decorative street lights that are
along the medians of N. MLK and around the circle at Palmetto. There
also a few lights out in the 1300 Block of N. MLK.
Thank you and Happy New Year.
PS: Janis if Gary is not the right person who is??
Lt. George Koder
District II Commander
562-4120
3
tvr
Wilson, Denise
From:
Sent:
To:
Subject:
Brink, Carolyn
Thursday, August 04, 2005 9:00 AM
Wilson, Denise
FW: MLK Street Lights - Clearwater
m--Original Message--m
From: Loehr, Nancy E. [mailto:Nancy.Loehr@pgnmail.com]
Sent: Thursday, August 04, 2005 7:01 AM
Cc: Brink, Carolyn; Crane, Theresa
Subject: Re: .MLK Street Lights - Oeatwater
Carolyn,
Would you ask Mr. Home to let me know how he wants me to handle these. We have a procedure through Mr.
Bertels. My suggestion would be for the commissioner to route the sheet to Paul who can follow the procedure we
implemented that allows for tracking and foLlow up. I wi! wait for Bills direction.
Nancy
m__ Original Message--m
From: William.Jonson@myCleatwater.com <W'illiam.Jonson@myCleatwater.com>
To: Loehr, Nancy E. <Nancy.Loehr@pgnmail.com>
CC: Carolyn.Brink@myClearwater.com <Carolyn.Brink@myCleatwater.com>
Sent: Wed Aug 03 21:23:25 2005
Subject:.MLK Street Lights - Oearwater
Nancy,
It was good to you see you yesterday morning at the Teacher Appreciation Breakfast at the Long Center.
I appreciate your assistance with the non-operational street lights on Martin Luther King in North Greenwood. I
had an opportunity to check the area out last night and again this morning with the results as indicated in the
attached Excel spread sheet.
Most of the still non-operational street lights now have the yellow plastic ribbon indicating that maintenance was
underway. Several others were apparently originally marked, as I observed the ribbon was laying on the ground
nearby. I hadn't observed the maintenance pending ribbon before. It is good to know that a fix is in process. I also
noticed many lights that previously were not working, were now operational. I talked to a couple of business
people and they reported seeing Progress Energy trucks in the area the last week They appreciate the maintenance
effort too.
In addition to .MLK, I observed some of the lights in Cherry Harris Park were also not working. These may be
under operational maintenance of the aeatwater Parks and Rec Department. Additionally, I noted three other
regular street lights (not on .MLK) that were also not functioning properly so I recorded the details for them on the
spread sheet as well.
As I stated in myemail of 7/25, I would like to partner with you to resolve the current situation and to see if there
1
is a better way of working similar situations in the future.
Once again, thanks for being a sponsor of the Teacher Appreciation Breakfast.
Bill Jonson
< <N' Greenwood Streetlights 050802.xls > >
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