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07/17/2014Thursday, July 17, 2014 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda July 17, 2014City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available . Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and awards (Proclamations, service awards, or other special recognitions) 4.1 Florida League of Cities Home Rule Hero Award: Councilmember Bill Jonson - Kathy Till, FLC Advocacy Program Coordinator 5. Approval of Minutes 5.1 Approve the minutes of the June 19, 2014 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda 7.1 Approve a maintenance contract with Aptean, Inc., 1155 Perimeter Center West, Atlanta, GA 30338, for the period of July 1, 2015 to June 30, 2019 for software maintenance at a cost not to exceed $371,054 in accordance with Sec. 2.564 (1)(b), Code of Ordinances, sole source, and authorize the appropriate officials to execute same (consent) 7.2 Approve a Facility Encroachment Agreement with CSX Transportation, Inc. for the installation of an underground natural gas main in the CSX right-of-way and authorize the appropriate officials to execute same. (consent) 7.3 Approve an Amendment to a Cooperative Funding Agreement with Southwest Florida Water Management District (SWFWMD), increasing the grant by $1,000,000 to $1,550,000 for Magnolia Drive Outfall Storm Drainage and Water Quality Improvements, extend the contract expiration date to April 15, Page 2 City of Clearwater Printed on 7/16/2014 July 17, 2014City Council Meeting Agenda 2016 (12-0023-EN) and authorize the appropriate officials to execute same. (consent) 7.4 Approve a Cooperative Funding Agreement agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for implementation of the Jeffords Street Stormwater Improvements (N270) in the amount of $200,000 and authorize the appropriate officials to execute same. (consent) 7.5 Award a construction contract to Keystone Excavators, Inc., of Oldsmar, Fl, the 2014 Annual Stormwater Improvements Project (14-0004-EN) based on unit price only in an amount not to exceed $1,144,319 and authorize the appropriate officials to execute same. (consent) 7.6 Award a contract (purchase order) to Fisher Scientific, Atlanta, Georgia, in an amount not to exceed $575,126.21 for the purchase of self-contained breathing apparatus (SCBA) repair parts and air bottles, purchase of thermal imaging cameras and parts, personal protective equipment (PPE), and department operational supplies in accordance with Sec. 2.564(b), Code of Ordinances - Sole source for City standardized equipment, and authorize the appropriate officials to execute same. (consent) 7.7 Approve the Third Amendment to the Contract for Purchase of Real Property by the City of Clearwater for property located at 1140 Brownell Street; and authorize the appropriate officials to execute same. (consent) 7.8 Award a one-year contract to North Star Destination Strategies for a not to exceed amount of $100,000 for community branding services and authorize the appropriate officials to execute same. (consent) 7.9 Approve a Contract (Blanket Purchase Order) to Hose and Hydraulics, Inc. of Clearwater, FL in the amount of $150,000 for the purchase of replacement hydraulic parts and repairs for vehicles and equipment used by city departments during the contract period August 1, 2014 through July 31, 2015, in accordance with Sec. 2.564(1)(d), Code of Ordinances, Pinellas County Contract 123-0379-Q and authorize the appropriate officials to execute same. (consent) 7.10 Appoint Edward T. O’Brien, Jr. to the Marine Advisory Board to fill the remainder of an unexpired term until March 31, 2015. 7.11 Designate Councilmember Jonson to be the official voting delegate at the Florida League of Cities’ Annual Conference, August 14-16, 2014. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the City of Clearwater’s Fiscal Year 2014-2015 Consolidated Annual Action Plan, to carry forward the goals and objectives set forth in the Fiscal Page 3 City of Clearwater Printed on 7/16/2014 July 17, 2014City Council Meeting Agenda Year 2011-2016 Five-Year Consolidated Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the Fiscal Year 2014-2015 Consolidated Annual Action Plan. 8.2 Approve a Community Housing Development Organization Agreement with Bright Community Trust, Inc. to acquire, rehabilitate and resell three affordable housing units in the amount of $295,405; certify the agency as a City of Clearwater Community Housing Development Organization, and authorize the appropriate officials to execute same. 8.3 Amend Section 3-1508 of the Community Development Code of the City of Clearwater to clarify prohibited noises and pass Ordinance 8570-14 on first reading. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 8567-14 on second reading, annexing certain real property whose post office address is 1234 Palm Street, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.2 Adopt Ordinance 8568-14 on second reading, amending the future land use map element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1234 Palm Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). 9.3 Adopt Ordinance 8569-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1234 Palm Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9.4 Adopt Ordinance 8571-14 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2014, to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Stormwater Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, General Services Fund, and Garage Fund. 9.5 Adopt Ordinance 8572-14 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2014, to reflect a net increase of $2,723,088. 10. Presentations (by government agencies or groups providing formal updates to Council) 10.1 Pinellas Planning Council (PPC) Countywide Update Local Government Review Package - Linda Fisher, PPC Principal Planner Page 4 City of Clearwater Printed on 7/16/2014 July 17, 2014City Council Meeting Agenda 11. City Manager Reports 11.1 Adopt a tentative millage rate of 5.1550 mills for fiscal year 2014/15 and set public hearing dates on the budget for September 4, 2014 and September 18, 2014, to be held no earlier than 6:00 p.m. 11.2 Approve and accept an Interlocal Agreement /Franchise with the City of Tarpon Springs in order to provide natural gas service to the citizens of Tarpon Springs and adopt Resolution 14-09. Sponsors:Gas System 11.3 Authorize the adoption of Supplemental Joint Participation Agreement (JPA) Number 3 between the City of Clearwater and the State of Florida Department of Transportation (FDOT) amending contract AQJ28 to expand the scope of work, authorize the appropriate officials to execute same, and adopt Resolution 14-24. 11.4 Approve the Interlocal Agreement between the City of Clearwater, Florida and Pinellas County, which will allow the County to provide television support services to the City on an as-needed basis, authorize the appropriate officials to execute same, and adopt Resolution 14-22. 12. City Manager Verbal Reports 12.1 Election Sign Education and Enforcement 12.2 2015 Trip to Nagano 13. City Attorney Reports 14. Other Council Action 14.1 Borrow unused travel budget to cover Florida League of Cities Annual Conference Expenses - Councilmember Jonson 15. Closing comments by Councilmembers (limited to 3 minutes) 16. Closing Comments by Mayor 17. Adjourn Page 5 City of Clearwater Printed on 7/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-308 Agenda Date: 7/17/2014 Status: Agenda ReadyVersion: 2 File Type: PresentationIn Control: City Council Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Florida League of Cities Home Rule Hero Award: Councilmember Bill Jonson - Kathy Till, FLC Advocacy Program Coordinator SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-304 Agenda Date: 7/17/2014 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the June 19, 2014 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/16/2014 City Council Meeting Minutes June 19, 2014 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, June 19, 2014 6:00 PM Council Chambers City Council Page 1 City of Clearwater Draft City Council Meeting Minutes June 19, 2014 Rollcall Present: 4 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Bill Jonson and Councilmember Hoyt Hamilton Absent: 1 - Councilmember Jay E. Polglaze Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, Nicole Sprague - Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order - Mayor George Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Rev. Eric Eichinger from Bethel Lutheran Church 3. Pledge of Allegiance - Councilmember Bill Jonson 4. Special recognitions and awards (Proclamations, service awards, or other special recognitions) - Given. 4.1 Service Awards One service award was presented to a city employee. 4.2 End of Session Report - The Honorable Larry Ahern, Florida House of Representatives 4.3 Clearwater Regional Chamber AchieveHERs - Diane D. Stein, Member Suzy Sofer and Diane Stein provided a PowerPoint presentation reviewing the organization's mission and recent accomplishments. 5. Approval of Minutes 5.1 Approve the minutes of the May 15, 2014 and the June 4, 2014 City Council Meetings as submitted in written summation by the City Clerk. Page 2 City of Clearwater Draft City Council Meeting Minutes June 19, 2014 Councilmember Jonson moved to approve the minutes of the May 15, 2014 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Vice Mayor Hock-DiPolito moved to approve the minutes of the June 4, 2014 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Bill Youmans, Margaret Mann, Patricia Sjeime and Leslie Shade expressed concerns regarding the location of the new Countryside Library. Ms. Mann submitted a petition opposing the new library location. It was stated that relocating the Countryside library was discussed 18 months ago and included several public meetings, which were noticed at the current library location. Joseph Corvino said the City of Clearwater and Clearwater Marine Aquarium were conducting private negotiations and expressed concern that only the executive summary of the feasibility study has been made public. 7. Consent Agenda - Approved as submitted. 7.1 Appoint Dan Carpenter to a four-year term as a Trustee of the Clearwater Firefighters’ Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (consent) 7.2 Approve Architect of Record (AOR) contracts with seven firms, as listed, for a period of five years commencing June 20, 2014 and authorize the appropriate officials to execute same. (consent) 7.3 Award a Contract (Purchase Order) for $163,520.00 to Don Reid Ford of Orlando, FL, for eight 2015 Ford Taurus sedans, in accordance with the Florida State Contract 071-000-14-1, 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize lease purchase under the City's Master Lease Purchase Agreement, or internal Page 3 City of Clearwater Draft City Council Meeting Minutes June 19, 2014 financing via an inter fund loan from the Capital Improvement Fund, whichever is deemed to be in the City's best interests; and authorize the appropriate officials to execute same. (consent) 7.4 Approve settlement of workers’ compensation claim of Mr. Richard DeBord, for payment of $220,750, inclusive, and authorize the appropriate officials to execute same. (consent) 7.5 Request for authority to appeal an order denying the City’s Motion for Summary Judgment in the case of Sarita Merricks v. City of Clearwater and Jeffrey Adkisson (Case No. 8:12-cv-01805-EAK-AEP). (consent) 7.6 Award five-year contracts (purchase orders) to Aquagenix/DeAngelo Brothers, Inc in the amount of $308,378.25 for pond and channel maintenance and to Lake and Wetland Management for mitigation site maintenance in the amount of $285,695.85 and authorize the appropriate officials to execute same. (consent) 7.7 Authorize filing of a lawsuit against defendants to include the estate and heirs of deceased City of Clearwater employee Mitchell Arnold, to effect the distribution of monies currently being held by the City, and authorize the appropriate officials to execute same. (consent) Councilmember Hamilton moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve a Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the City of Clearwater, providing for the allocation of 96 units from the Hotel Density Reserve under Beach by Design; adopt Resolution 14-19, and authorize the appropriate officials to execute same. (HDA2013-08005) Site Location and Existing Conditions: The 0.962-acre site is bound by Coronado Drive (west), Hamden Drive (east) and 5th Street (south). The subject property is comprised of five parcels with a frontage of approximately 180 feet along Coronado Drive and Hamden Drive. The site is currently vacant. The subject property is zoned Tourist (T) District with an underlying Future Land Use Plan (FLUP) category of Resort Facilities High (RFH). The subject property is also located within the Small Motel District of Beach by Design. Page 4 City of Clearwater Draft City Council Meeting Minutes June 19, 2014 The immediate area is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights ranging from one to 15 stories. The property directly north of this property is developed with an overnight accommodation use. The City’s Beach Walk project, to the west, has been constructed transforming South Gulfview Boulevard to the north of this site into a winding beachside promenade with lush landscaping, artistic touches and clear views to Clearwater's award-winning beach and the water beyond. Development Proposal: The owners have demolished all existing structures on the site and propose to utilize the otherwise permitted density of 50 units per acre or 48 units and incorporate an additional 96 units from the Hotel Density Reserve through Beach by Design resulting in a total of 144 units (150 units per acre). The building will be 99.33 feet (from Base Flood Elevation) to flat roof with the parking on the first four levels. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. Vehicular access will be provided at three points; access into the parking garage will be provided with one two-way driveway each along Hamden Drive and 5th Street. The third access point is a service driveway at the northwest corner of the site. The access point along 5th Street consists of two driveways with the eastern driveway providing an ingress/egress point for the parking garage and ingress to a short drop-off area at the hotel entry exiting back onto 5th Street. Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: Pursuant to CDC Table 2-802, the minimum required lot area and width for an Overnight Accommodation use is 20,000 square feet and between 100 and 150 feet, respectively. The subject property is 41,924 square feet in area and approximately 180 feet wide. The site is consistent with these Code provisions. Minimum Setbacks: The conceptual site plan depicts setbacks of 15 feet to building along the front (east and west) along Hamden Drive and Coronado Drive, respectively and 10 and 15 feet along the sides (north and south, respectively). The proposed setbacks may be approved as part of a Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. The proposal provides for a building 99.33 feet in height as measured from BFE where a height of up to 100 feet is permitted as prescribed by Beach by Design and as a Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Page 5 City of Clearwater Draft City Council Meeting Minutes June 19, 2014 Code. This section also requires that portions of any structures which exceed 100 feet are spaced at least 100 feet apart. This section also includes overall separation requirements for structures over 100 feet in height as two options: (1) no more than two structures which exceed 100 feet within 500 feet; or (2) no more than four structures which exceed 100 feet within 800 feet. The proposal provides for a building which does not exceed 100 feet in height. The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 144-room overnight accommodation use requires a minimum of 173 off-street parking spaces. A parking garage located on the first four levels of the building will provide 173 spaces. This is consistent with the applicable Sections of the Community Development Code. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that foundation landscaping will be provided along all sides of the site. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility may be requested (as necessary) as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue to operate at acceptable levels of service. Page 6 City of Clearwater Draft City Council Meeting Minutes June 19, 2014 Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions:  Provides for the allocation of up to 96 units from the Hotel Density Reserve or a maximum density of 150 units per acre;  Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407;  Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed;  For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and  Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Councilmember Jonson moved to approve a Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the City of Clearwater, providing for the allocation of 96 units from the Hotel Density Reserve under Beach by Design and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Page 7 City of Clearwater Draft City Council Meeting Minutes June 19, 2014 Resolution 14-19 was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Resolution 14-19. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton 8.2 Approve a Development Agreement between Decade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview LLC (the property owners) and the City of Clearwater, providing for the allocation of 30 units from the Hotel Density Reserve under Beach by Design; adopt Resolution 14-14, and authorize the appropriate officials to execute same. (HDA2014-04002) Site Location and Existing Conditions: The 4.87-acre subject property is located on the south side of South Gulfview Boulevard, between Hamden Drive and Bayway Boulevard with 467 feet of frontage along South Gulf Boulevard and 600 feet of frontage along the Clearwater Pass. The property spans two zoning districts including Tourist (T) and Open Space/Recreation (OS/R) and one Future Land Use Plan (FLUP) classification, Resort Facilities High (RFH). The subject property is also located within the South Beach/Clearwater Pass District of Beach by Design. The portion of the site within the T District is 3.908 acres and landward of an existing seawall. The remainder of the site is submerged land and constitutes 0.962 acres. Only the portion of the site within the T District is considered with regard to development potential such as Impervious Surface ratio (ISR), Gross Floor Area (GFA) and density. The property is not oriented due north/south and for the purposes of this agenda item the property line along South Gulfview Boulevard will be referred to as the north property line, the waterfront side as south and the other two sides as east and west. The immediate area is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses. The 440 and 450 West attached dwelling condominiums towers are located to the west of the subject property and are 157 feet in height (each tower). Shephard’s is located to the east of the site. The City’s Beach Walk project has been constructed transforming South Gulfview Boulevard to the north of this site into a winding beachside promenade with lush landscaping, artistic touches and clear views to Clearwater's award-winning beach and the water beyond. The property is used as a 189-unit overnight accommodation use and has a valid Business Tax Receipt (BTR-0024076). The hotel units are located within two buildings ranging between seven and nine stories. These two buildings are located on the eastern two-thirds of the site. A 6,144 square-foot two story conference center is located at the southeast corner of the site. Parking is Page 8 City of Clearwater Draft City Council Meeting Minutes June 19, 2014 provided via a mix of surface parking and structured, under-building parking. A landscape buffer approximately three feet in width is provided along the north property line adjacent to South Gulfview Boulevard. A public access easement with sidewalk runs along the west side of the site. Access to the site is provided from South Gulfview Boulevard via three two-way driveways with one centrally located and one each at the northeast and northwest corners of the site. Site History:  On January 18, 2005, the Community Development Board (CDB) approved Cases FLD2004-04025/TDR2004-09011 for the Termination of Status of Nonconformity for density to allow the continuation of an existing 289-room/unit hotel (where 156 rooms/units were permitted at the time); site plan approval of a mixed use development, as a Comprehensive Infill Redevelopment Project and a Transfer of Development Rights for two dwelling units from 850 Bayway Boulevard.  Two minor amendments were approved by the Community Development Coordinator on December 28, 2005 and April 5, 2006.  On May 15, 2007, the CDB approved Case FLD2007-03008 to permit the addition of a 6,144 square-foot conference center as an accessory use to an existing hotel as a Comprehensive Infill Redevelopment Project under the (then) provisions of Section 2-803.C. All required time frames set for each of the above site plan approvals have been met and the approvals are considered vested. It is important to note that the Termination of Status of Nonconformity (TSN) request for density and the Transfer of Development Rights (TDR) run with the land irrespective of the status of any associated site plan approvals. It should also be noted that no residential units were ever physically established on the property.  On January 21, 2014, the CDB approved Case FLD2013-11038 to permit a 314-room overnight accommodation use (including 189 existing units and 75 dwelling units converted to 125 overnight accommodation units previously approved and transferred under FLD2004-04025 and TDR2004-09011). The abovementioned application (FLD2013-11038) has not been vested as permits for site and/or building work have yet to be submitted. In addition, should this request for additional density from the Reserve be approved by the Council the site will need to be resubmitted to the CDB for approval due to the increase in density. In summary, the overall site plan for this site has been approved and substantially implemented through a series of Flexible Development requests over the last nine years. Page 9 City of Clearwater Draft City Council Meeting Minutes June 19, 2014 Development Proposal: The owners propose to utilize the otherwise permitted density of 314 units and incorporate an additional 30 units from the Hotel Density Reserve through Beach by Design resulting in a total of 344 units (88 units per acre). It should be reiterated that the only portion of the site which provides intensity of use is the 3.908 acre portion within the T District. The current proposal is to maintain the approved site plan and elevations and, existing buildings. The additional density of 30 hotel units will be accommodated within the recently approved western building. The proposed building will be just less than 100 feet (from Base Flood Elevation) to flat roof with parking on the first five levels. Since no portion of the building exceeds 100 feet in height separation requirements from other buildings greater than 100 feet in height as otherwise required by Beach by Design do not apply. The materials and colors of the building will support its Mediterranean Revival architectural style. The building will be painted four earth tones ranging from brownish-gold to medium brown to shades of white. The building facades are broken up with a variety of offsets, windows, balconies and rooflines. The proposed hotel design is compatible with the surrounding uses and complements the existing buildings on site. It will be located approximately 17 feet from the centrally-located building already on the site. All parking for the hotel guests and employees is provided within the first five floors of the building. Guest rooms begin on the third level. A total of 352 spaces are provided within the building. This differs slightly from the approved site plans which included 346 spaces. The architect was able to modify portions of the parking levels to gain an additional six spaces. An additional 61 spaces are provided elsewhere on the site either as surface parking or under existing buildings bringing the total number of provided spaces to 413 or 1.2 parking spaces per hotel room where 1.2 spaces is required. Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: Pursuant to Table 2-803, CDC, the minimum required lot area for Overnight Accommodations is between 10,000 and 20,000 square feet. The subject property is 170,232 square feet in area landward of the seawall (zoned T District). Pursuant to the same Table, the minimum lot width for overnight accommodations can range between 100 and 150 feet. The lot width of this site along South Gulfview Boulevard is 467 feet. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to Table 2-803, CDC, the minimum required front setbacks for Overnight Accommodations can range between zero and 15 feet, minimum side setback between zero and 10 feet and minimum rear setback between zero and 20 feet. In addition, Section 3-903, CDC, provides that parking lots shall be set back from front property lines a distance of 15 feet, and shall be set back from all other property lines a distance that is consistent with the Page 10 City of Clearwater Draft City Council Meeting Minutes June 19, 2014 required perimeter landscape buffer width. However, for properties within the T District, the setback for parking lots shall be based a dimension consistent with the existing/proposed building setback, or at a dimension consistent with setbacks required or otherwise established by Beach by Design, whichever is less. Section F of the Design Guidelines within Beach by Design provides that all parking areas are to be separated from public rights-of-way by a landscaped decorative wall, fence or other opaque landscape treatment of not less than three feet and not more than 3.5 feet in height. Surface parking areas that are visible from public streets or other public places must be landscaped such that the parking areas are defined more by their landscaping materials than their paved areas when viewed from adjacent properties. The required setback to parking is therefore, three feet. The approved site plan includes a front (north) setback of 15 feet (to building), zero feet (to entry plaza paving) and three feet (to parking), a side (west) setback of 15 feet (to building) and zero feet (to existing public access sidewalk), a side (east) setback of 10 feet (to existing building) and zero feet (to existing parking and dumpster enclosure), a rear (south) setback of 106 feet (to building). The proposal met the setback requirements of Table 2-803, CDC, for Overnight Accommodations as well as the requirements of Section 3-903, CDC, and the applicable sections of Beach by Design. Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. This section requires specific requirements for building and portions of building which exceed 100 feet in height. Pursuant to Table 2-803, CDC, the maximum height for Overnight Accommodations is between 35 and 100 feet. As examined in detail, above, Beach by Design provides further clarification as to the circumstances under which height may be increased to 150 feet. The proposed building height of just less than 100 feet to the top of the roof deck (113 to mid-point of peaked roof screening for elevator and other mechanical equipment) is consistent with this CDC section and with the guidelines of Beach by Design. Minimum Off-street Parking: Pursuant to Table 2-803, CDC, the minimum off-street parking requirement for Overnight Accommodations is between one and 1.2 spaces per unit (between 344 and 413 spaces). A total of 413 (1.2 spaces per unit) are to be provided within the first five floors of the proposed building, under existing buildings and via surface parking spaces. The proposal is therefore consistent with the Code provisions of Article 2 Division 8 and Beach by Design and no flexibility from the Code is necessary. Landscaping: Pursuant to Section 3-1202.D., CDC, there are no perimeter buffers required in the T District for this site. This proposal meets the required minimum five-foot wide foundation planting along the north side of the building. The proposal also includes a perimeter landscape buffer approximately three to five feet in width along the north side of the site. The landscape design incorporates plant material that is native and/or naturalized and salt tolerant, while providing Page 11 City of Clearwater Draft City Council Meeting Minutes June 19, 2014 visual interest. It should be noted that the proposal is consistent with Section F of the Design Guidelines of Beach by Design which provides that surface parking be buffered with landscaping at least three feet in width and 3.5 feet in height. The CDC requires that at least 10 percent of the vehicular use area be dedicated to landscaped area where just over 10 percent is provided. Pursuant to Section 3-1202.B., CDC, up to 75 percent of required shade trees may be provided with palm trees where no shade trees are proposed. The proposal received relief from this requirement through the inclusion of a Comprehensive Landscape Program pursuant to Section 3-1202.G., CDC. Consistency with Beach by Design: Design Guidelines: A thorough review of the provided architectural elevations and massing study was conducted as part of the most recent Flexible Development review process and the proposed building was found by the CDB to be consistent with the applicable Design Guidelines established in Beach by Design. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue to operate at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions:  Provides for the allocation of 30 units from the Hotel Density Reserve or a maximum density of 88 units per acre;  Requires the developer to obtain building permits and certificates of occupancy in accordance with Section 4-407, CDC;  Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed;  For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and  Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Page 12 City of Clearwater Draft City Council Meeting Minutes June 19, 2014 Changes to Development Agreements: Pursuant to Section 4-606.I, CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Planner Mark Parry said the development agreement has been amended to include restrictions on amplified music. The City Attorney said the Developer amended the agreement to include "developable" to the description of the 3.908 acres. The new hotel project consists of 155 limited service units, with 30 units from the hotel density reserve. Councilmember Hamilton moved to approve a Development Agreement between Decade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview LLC (the property owners) and the City of Clearwater, providing for the allocation of 30 units from the Hotel Density Reserve under Beach by Design and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 14-14 was presented and read by title only. Councilmember Jonson moved to adopt Resolution 14-14. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton 8.3 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1234 Palm Street located on the north side of Palm Street, approximately 550 feet east of Douglas Avenue; and pass Ordinances 8567-14, 8568-14 and 8569-14 on first reading. (ANX2014-04008) This voluntary annexation petition involves a 0.141-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Palm Street, approximately 550 feet east of Douglas Avenue. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is Page 13 City of Clearwater Draft City Council Meeting Minutes June 19, 2014 contiguous to existing city boundaries to the east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to the property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is Page 14 City of Clearwater Draft City Council Meeting Minutes June 19, 2014 therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing City boundaries to the east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Vice Mayor Hock-DiPolito moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1234 Palm Street located on the north side of Palm Street, approximately 550 feet east of Douglas Avenue. The motion was duly seconded and carried unanimously. Ordinance 8567-14 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8567-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton Ordinance 8568-14 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8568-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton Ordinance 8569-14 was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance 8569-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton 9. City Manager Reports 9.1 Amend the City’s fiscal year 2013/14 Operating and Capital Improvement Budgets at midyear and pass Ordinances 8571-14 and 8572-14 on first reading. Page 15 City of Clearwater Draft City Council Meeting Minutes June 19, 2014 The fiscal year 2013/14 Operating and Capital Improvement Budgets were adopted in September 2013 by Ordinances 8476-13 and 8477-13. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Staff has provided a memorandum and an accompanying report that outline the issues at midyear requiring amendment. Councilmember Hamilton moved to amend the City’s fiscal year 2013/14 Operating and Capital Improvement Budgets at midyear. The motion was duly seconded and carried unanimously. Ordinance 8571-14 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8571-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton Ordinance 8572-14 was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance 8572-14 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton 9.2 Authorize the negotiated sale of not to exceed $5,475,000 Gas System Revenue Refunding Bonds, Series 2014 and adopt Resolution 14-20. Currently there is outstanding $5,325,000 par value of Gas System Revenue Refunding Bonds, Series 2005, with maturities in years 2015 - 2025 and interest rates ranging from 3.70% to 4.375% that are callable on September 1, 2014. Current bond market conditions present an opportunity to refinance these bonds to achieve a present value savings of approximately $624,375 (11.73%). The City’s debt management policy states, “As a general rule, the present value savings of a particular refunding should exceed 5%.” In anticipation of the refunding, the City through its Financial Advisor, Stifel, Page 16 City of Clearwater Draft City Council Meeting Minutes June 19, 2014 Nicolaus & Company, Inc., issued an RFP soliciting proposals from qualified investment companies to provide a bank loan source of funds instead of the more traditional bond transaction for this refunding, which has resulted in a lower cost (greater savings) opportunity. A comparable bond transaction would have yielded only approximately a 6.5% savings. This resolution authorizes the negotiated sale of not to exceed $5,475,000 par value at an interest rate of 2.67% of Gas System Revenue Refunding Bonds, Series 2014, to TD Bank, N.A., the firm submitting the most favorable response to the RFP. Councilmember Hamilton moved to authorize the negotiated sale of not to exceed $5,475,000 Gas System Revenue Refunding Bonds, Series 2014. The motion was duly seconded and carried unanimously. Resolution 14-20 was presented and read by title only. Councilmember Jonson moved to adopt Resolution 14-20. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton 9.3 Authorize the negotiated sale of not to exceed $5,500,000 Stormwater System Revenue Refunding Bonds, Series 2014 and adopt Resolution 14-21. Currently there is outstanding $5,350,000 par value of Stormwater System Revenue Refunding Bonds, Series 2005, with maturities in years 2015 - 2029 and interest rates ranging from 3.625% to 4.50% that are callable on November 1, 2014. Current bond-market conditions present an opportunity to refund these bonds to achieve a present value savings of approximately $545,625 (10.20%). The City’s debt management policy states, “As a general rule, the present value savings of a particular refunding should exceed 5%.” In anticipation of the refunding, the City through its Financial Advisor, Stifel, Nicolaus & Company, Inc., issued an RFP soliciting proposals from qualified investment companies to provide a bank loan source of funds instead of the more traditional bond transaction for this refunding, which has resulted in a lower cost (greater savings) opportunity. A comparable bond transaction would have yielded only approximately a 6.5% savings. This resolution authorizes the negotiated sale of not to exceed $5,500,000 par value at an interest rate of 2.72% of Stormwater System Revenue Refunding Bonds, Series 2014, to TD Bank, N.A., the firm submitting the most favorable response to the RFP. Page 17 City of Clearwater Draft City Council Meeting Minutes June 19, 2014 Vice Mayor Hock-DiPolito moved to authorize the negotiated sale of not to exceed $5,500,000 Stormwater System Revenue Refunding Bonds, Series 2014. The motion was duly seconded and carried unanimously. Resolution 14-21 was presented and read by title only. Councilmember Hamilton moved to adopt Resolution 14-21. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton 10. City Attorney Reports - None. 11. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Jonson thanked Representative Ahern for coming this evening and thanked Vice Mayor Hock-DiPolito for her comments which clarified that the MPO does not have the authority to prioritize county projects. He spoke with Representative Hooper who mentioned that the FDOT District Secretary has ordered additional evaluation of the Belcher Road and Gulf to Bay Boulevard intersection. Councilmember Jonson said he will be attending the Florida League of Cities Annual Conference in August and will be asking Council for unused travel budget. 12. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events and urged all not to jaywalk and be safe when swimming. 13. Adjourn The meeting adjourned at 7:07 p.m. Mayor City of Clearwater Attest City Clerk Page 18 City of Clearwater Draft JULY 3, 2014 PETITION TO OPPOSE NEW LIBRARY BUILDING AT COUNTRYSIDE PARK AND RECREATION CENTER WE, THE UNDERSIGNED, RESIDENTS OF WESTCHESTER LAKE TOWNHOMES AND COMMUNITY, PETITION THE CITY OF CLEARWATER, ITS MAYOR AND COUNCIL MEMBERS TO STOP ITS PLAN TO BUILD A NEW LIBRARY BUILDING AT THE COUNTRYSIDE PARK AND RECREATION CENTER WE ARE RESIDENTS OF WESTCHESTER LAKE TOWNHOMES AND COMMUNITY WHICH IS ADJACENT TO THE PROPOSED SITE WHICH IS AT NICHE END OF A TWO -WAY, TWO -LANE DEAD END STREET WITH NO OTHER ENTRANCE OR EXIT. THE SUBSTANTIAL INCREASE IN TRAFFIC(ERGO,AN INCREASE OF CARBON EMISSIONS) WOULD CAUSE MAJOR CONGESTION AND CAR ACCIDENTS. IT WOULD DISTURB OUR PEACE AND QUIET THAT WE NOW ENJOY. ! IT WOULD AFFECT OUR PROPERTY VALUES BECAUSE THE WHOLE COMMUNITY AS WE KNOW IT WOULD CHANGE. PLEASE STOP THIS PLAN NOW. 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VG5C16egelrari eSr- j 71/ Pi PL) je3rlinV, PETITION TO OPPOSE NEW LIBRARY BUILDING AT COUNTRYSIDE PARK AND RECREATION CENTER PRINT NAME SIGN NAME ADDRESS DATE L i . i•-•!..41,e, . c, / , z,7 4 t-' Ci0 r /tiC Jd 7//3 ia, to P S / //% r3` 1/4s 'oer4,49 O, , - `jam / coy 4'4p 4 4410/ e_Lra Sr- 1 4_ci,e--, c 10 07 7C fi-,,,,,,k7:,__,6, y -// ;AI MORE VITAL REASONS TO KEEP COUNTRYSIDE PUBLIC LIBRARY AT PRESENT LOCATION AND OPPOSE NEW LIBRARY BUILDING AT COUNTRYSIDE RECREATION CENTER. 1) COUNTRYSIDE RECREATION CENTER IS CURRENTLY IN A PRISTINE PARK LIKE SETTING WHICH WOULD BE RUINED BY THE ADDITION OF A NEW BUILDING. 2) GREEN SPACE WOULD BE SACRIFICED, ESSENTIAL TO A HEALTHY NATURAL ENVIRONMENT. 3) INCREASE IN CARBON EMISSIONS FROM GREATER VOLUME OF CARS WOULD POLLUTE THE AIR AND BE HAZARDOUS TO THE HEALTH OF HUMANS, WILDLIFE,FISH AND FLORA THERE. 4) THE ECO- SYSTEM (THE COMMUNITY OF ANIMALS AND PLANTS) WOULD BE GREATLY DISTURBED.DUCKS,FISH ,TURTLES SWIM IN THE POND AND BIRDS ,SQUIRRELS,RABBITS,ETC.THRIVE THERE. BEAUTIFUL TREES, BUSHES AND PLANTS GROW IN A TASTEFULLY LANDSCAPED SETTING. 5) FAMILIES ENJOY THE ACTIVITIES; BASEBALL GAMES, BASKETBALL THROWING, PLAYGROUND FOR CHILDREN, ETC. IN A PLEASANT PARK LIKE SETTING. THIS WOULD BE GREATLY ALTERED BY A NEW BUILDING AND INCREASED PARKING. 6) DELAYS DUE TO INCREASED TRAFFIC WOULD RESULT IN BEING LATE FOR SCHEDULED ACTIVITIES. 7) DOG WALKERS, JOGGERS, BIKERS, WALKERS ENJOY THE PEACEFUL,RELAXING PARK SETTING,BENEFICIAL TO THEIR HEALTH. THIS WOULD BE GREATLY ALTERED. 8) PARKING WOULD BE DIFFICULT AT BUSY TIMES. 9) COST OF NEW BUILDING- OVER $6,000,000 !!! (SIX MILLION DOLLARS!!!! 10) RENOVATION OF EXISTING LIBRARY, AS IN DUNEDIN, WOULD BE MUCH LESS. STUDIES NEED TO BE DONE. ' /7` -17-1 /996 - iov.c' m `fig, aea _ oo 3^ ETC , , MORE VITAL REASONS TO KEEP COUNTRYSIDE PUBLIC LIBRARY AT PRESENT LOCATION AND OPPOSE NEW LIBRARY BUILDING AT COUNTRYSIDE RECREATION CENTER. 1) COUNTRYSIDE RECREATION CENTER IS CURRENTLY IN A PRISTINE PARK LIKE SETTING WHICH WOULD BE RUINED BY THE ADDITION OF A NEW BUILDING. 2) GREEN SPACE WOULD BE SACRIFICED, ESSENTIAL TO A HEALTHY NATURAL ENVIRONMENT. 3) INCREASE IN CARBON EMISSIONS FROM GREATER VOLUME OF CARS WOULD POLLUTE THE AIR AND BE HAZARDOUS TO THE HEALTH OF HUMANS, WILDLIFE,FISH AND FLORA THERE. 4) THE ECO- SYSTEM (THE COMMUNITY OF ANIMALS AND PLANTS) WOULD BE GREATLY DISTURBED.DUCKS,FISH ,TURTLES SWIM IN THE POND AND BIRDS ,SQUIRRELS,RABBITS,ETC.THRIVE THERE. BEAUTIFUL TREES, BUSHES AND PLANTS GROW IN A TASTEFULLY LANDSCAPED SETTING. 5) FAMILIES ENJOY THE ACTIVITIES; BASEBALL GAMES, BASKETBALL THROWING, PLAYGROUND FOR CHILDREN, ETC. IN A PLEASANT PARK LIKE SETTING. THIS WOULD BE GREATLY ALTERED BY A NEW BUILDING AND INCREASED PARKING. 6) DELAYS DUE TO INCREASED TRAFFIC WOULD RESULT IN BEING LATE FOR SCHEDULED ACTIVITIES. 7) DOG WALKERS, JOGGERS, BIKERS, WALKERS ENJOY THE PEACEFUL,RELAXING PARK SETTING,BENEFICIAL TO THEIR HEALTH. THIS WOULD BE GREATLY ALTERED. 8) PARKING WOULD BE DIFFICULT AT BUSY TIMES. 9) COST OF NEW BUILDING- OVER $6,000,000 !!! (SIX MILLION DOLLARS!!!! 10) RENOVATION OF EXISTING LIBRARY, AS IN DUNED, WOULD BE MUCH LESS. STUDIES NEED TO BE DONE. /1 /ff6 'v' Qom' 6 MORE VITAL REASONS TO KEEP COUNTRYSIDE PUBLIC LIBRARY AT PRESENT LOCATION AND OPPOSE NEW LIBRARY BUILDING AT COUNTRYSIDE RECREATION CENTER 1) COUNTRYSIDE RECREATION CENTER IS CURRENTLY IN A PRISTINE PARK LIKE SETTING WHICH WOULD BE RUINED BY THE ADDITION OF A NEW BUILDING. 2) GREEN SPACE WOULD BE SACRIFICED, ESSENTIAL TO A HEALTHY NATURAL ENVIRONMENT. 3) INCREASE IN CARBON EMISSIONS FROM GREATER VOLUME OF CARS WOULD POLLUTE THE AIR AND BE HAZARDOUS TO THE HEALTH OF HUMANS, WILDLIFE,FISH AND FLORA THERE. 4) THE ECO- SYSTEM (THE COMMUNITY OF ANIMALS AND PLANTS) WOULD BE GREATLY DISTURBED.DUCKS,FISH ,TURTLES SWIM IN THE POND AND BIRDS ,SQUIRRELS,RABBITS,ETC.THRIVE THERE. BEAUTIFUL TREES, BUSHES AND PLANTS GROW IN A TAS'T'EFULLY LANDSCAPED SETTING. 5) FAMILIES ENJOY THE ACTIVITIES; BASEBALL GAMES, BASKETBALL THROWING, PLAYGROUND FOR CHILDREN, ETC. IN A PLEASANT PARK LIKE SETTING. THIS WOULD BE GREATLY ALTERED BY A NEW BUILDING AND INCREASED PARKING. 6) DELAYS DUE TO INCREASED TRAFFIC WOULD RESULT IN BEING LATE FOR SCHEDULED ACTIVITIES. 7) DOG WALKERS, JOGGERS, BIKERS, WALKERS ENJOY THE PEACEFUL,RELAXING PARK SETTING,BENEFICIAL TO THEIR HEALTH. THIS WOULD BE GREATLY ALTERED. 8) PARKING WOULD BE DIFFICULT AT BUSY TIMES. 9) COST OF NEW BUILDING- OVER $6,000,000 !!! (SIX MILLION DOLLARS!!!! 10) RENOVATION OF EXISTING LIBRARY, AS IN DUNEDJN, WOULD BE MUCH LESS. STUDIES NEED TO BE DONE. , J72 % iy96 ' , muse vao -o 0 J' MORE VITAL REASONS TO KEEP COUNTRYSIDE PUBLIC LIBRARY AT PRESENT LOCATION AND OPPOSE NEW LIBRARY BUILDING AT COUNTRYSIDE RECREATION CENTER. 1) COUNTRYSIDE RECREATION CENTER IS CURRENTLY IN A PRISTINE PARK LIKE SETTING WHICH WOULD BE RUINED BY THE ADDITION OF A NEW BUILDING. 2) GREEN SPACE WOULD BE SACRIFICED, ESSENTIAL TO A HEALTHY NATURAL ENVIRONMENT. 3) INCREASE IN CARBON EMISSIONS FROM GREATER VOLUME OF CARS WOULD POLLUTE THE AIR AND BE HAZARDOUS TO THE HEALTH OF HUMANS, WILDLIFE,FISH AND FLORA THERE. 4) THE ECO- SYSTEM (THE COMMUNITY OF ANIMALS AND PLANTS) WOULD BE GREATLY DISTURBED.DUCKS,FISH ,TURTLES SWIM IN THE POND AND BIRDS ,SQUIRRELS,RABBITS,ETC.THRIVE THERE. BEAUTIFUL TREES, BUSHES AND PLANTS GROW IN A TASTEFULLY LANDSCAPED SETTING. 5) FAMILIES ENJOY THE ACTIVITIES; BASEBALL GAMES, BASKETBALL THROWING, PLAYGROUND FOR CHILDREN, ETC. IN A PLEASANT PARK LIKE SETTING. THIS WOULD BE GREATLY ALTERED BY A NEW BUILDING AND INCREASED PARKING. 6) DELAYS DUE TO INCREASED TRAFFIC WOULD RESULT IN BEING LATE FOR SCHEDULED ACTIVITIES. 7) DOG WALKERS, JOGGERS, BIKERS, WALKERS ENJOY THE PEACEFUL,RELAXING PARK SETTING,BENEFICIAL TO THEIR HEALTH. THIS WOULD BE GREATLY ALTERED. 8) PARKING WOULD BE DIFFICULT AT BUSY TIMES. 9) COST OF NEW BUILDING- OVER $6,000,000 !!! (SIX MILLION DOLLARS!!!! 10) RENOVATION OF EXISTING LIBRARY, AS IN DUNEDJN, WOULD BE MUCH LESS. STUDIES NEED TO BE DONE. 8ei /926- ' ')&".1-, 6• °, °od °d j MORE VITAL REASONS TO KEEP COUNTRYSIDE PUBLIC LIBRARY AT PRESENT LOCATION AND OPPOSE NEW LIBRARY BUILDING AT COUNTRYSIDE RECREATION CENTER. 1) COUNTRYSIDE RECREATION CENTER IS CURRENTLY IN A PRISTINE PARK LIKE SETTING WHICH WOULD BE RUINED BY THE ADDITION OF A NEW BUILDING. 2) GREEN SPACE WOULD BE SACRIFICED, ESSENTIAL TO A HEALTHY NATURAL ENVIRONMENT. 3) INCREASE IN CARBON EMISSIONS FROM GREATER VOLUME OF CARS WOULD POLLUTE THE AIR AND BE HAZARDOUS TO THE HEALTH OF HUMANS, WILDLIFE,FISH AND FLORA THERE. 4) THE ECO- SYSTEM (THE COMMUNITY OF ANIMALS AND PLANTS) WOULD BE GREATLY DISTURBED.DUCKS,FISH ,TURTLES SWIM IN THE POND AND BIRDS ,SQUIRRELS,RABBITS,ETC.THRIVE THERE. BEAUTIFUL TREES, BUSHES AND PLANTS GROW IN A TASTEFULLY LANDSCAPED SETTING. 5) FAMILIES ENJOY THE ACTIVITIES; BASEBALL GAMES, BASKETBALL THROWING, PLAYGROUND FOR CHILDREN, ETC. IN A PLEASANT PARK LIKE SETTING. THIS WOULD BE GREATLY ALTERED BY A NEW BUILDING AND INCREASED PARKING. 6) DELAYS DUE TO INCREASED TRAFFIC WOULD RESULT IN BEING LATE FOR SCHEDULED ACTIVITIES. 7) DOG WALKERS, JOGGERS, BIKERS, WALKERS ENJOY THE PEACEFUL,RELAXING PARK SETT1NG,BENEFICIAL TO THEIR HEALTH. THIS WOULD BE GREATLY ALTERED. 8) PARKING WOULD BE DIFFICULT AT BUSY TIMES. 9) COST OF NEW BUILDING- OVER $6,000,000 !!! (SIX MILLION DOLLARS!!!! 10) RENOVATION OF EXISTING LIBRARY, AS IN DUNEDIN, WOULD BE MUCH LESS. STUDIES NEED TO BE DONE. Qc, -/ /991 - /?r o a I' °' ood MORE VITAL REASONS TO KEEP COUNTRYSIDE PUBLIC LIBRARY AT PRESENT LOCATION AND OPPOSE NEW LIBRARY BUILDING AT COUNTRYSIDE RECREATION CENTER. 1) COUNTRYSIDE RECREATION CENTER IS CURRENTLY IN A PRISTINE PARK LIKE SETTING WHICH WOULD BE RUINED BY THE ADDITION OF A NEW BUILDING. 2) GREEN SPACE WOULD BE SACRIFICED, ESSENTIAL TO A HEALTHY NATURAL ENVIRONMENT. 3) INCREASE IN CARBON EMISSIONS FROM GREATER VOLUME OF CARS WOULD POLLUTE THE AIR AND BE HAZARDOUS TO THE HEALTH OF HUMANS, WILDLIFE,FISH AND FLORA THERE. 4) THE ECO- SYSTEM (THE COMMUNITY OF ANIMALS AND PLANTS) WOULD BE GREATLY DISTURBED.DUCKS,FISH ,TURTLES SWIM IN THE POND AND BIRDS ,SQUIRRELS,RABBITS,ETC.THRIVE THERE. BEAUTIFUL TREES, BUSHES AND PLANTS GROW IN A TASTEFULLY LANDSCAPED SETTING. 5) FAMILIES ENJOY THE ACTIVITIES; BASEBALL GAMES, BASKETBALL THROWING, PLAYGROUND FOR CHILDREN, ETC. IN A PLEASANT PARK LIKE SETTING. THIS WOULD BE GREATLY ALTERED BY A NEW BUILDING AND INCREASED PARKING. 6) DELAYS DUE TO INCREASED TRAFFIC WOULD RESULT IN BEING LATE FOR SCHEDULED ACTIVITIES. 7) DOG WALKERS, JOGGERS, BIKERS, WALKERS ENJOY THE PEACEFUL,RELAXING PARK SETTING,BENEFICIAL TO THEIR HEALTH. THIS WOULD BE GREATLY ALTERED. 8) PARKING WOULD BE DIFFICULT AT BUSY TIMES. 9) COST OF NEW BUILDING- OVER $6,000,000 !!! (SIX MILLION DOLLARS!!!! 10) RENOVATION OF EXISTING LIBRARY, AS IN DUNEDIN, WOULD BE MUCH LESS. STUDIES NEED TO BE DONE. Qu' /T /r) /"‘ &`--) '' t -747 ' 6 v o/c a Ud s MORE VITAL REASONS TO KEEP COUNTRYSIDE PUBLIC LIBRARY AT PRESENT LOCATION AND OPPOSE NEW LIBRARY BUILDING AT COUNTRYSIDE RECREATION CENTER. 1) COUNTRYSIDE RECREATION CENTER IS CURRENTLY IN A PRISTINE PARK LIKE SETTING WHICH WOULD BE RUINED BY THE ADDITION OF A NEW BUILDING. 2) GREEN SPACE WOULD BE SACRIFICED, ESSENTIAL TO A HEALTHY NATURAL ENVIRONMENT. 3) INCREASE IN CARBON EMISSIONS FROM GREATER VOLUME OF CARS WOULD POLLUTE THE AIR AND BE HAZARDOUS TO THE HEALTH OF HUMANS, WILDLIFE,FISH AND FLORA THERE. 4) THE ECO- SYSTEM (THE COMMUNITY OF ANIMALS AND PLANTS) WOULD BE GREATLY DISTURBED.DUCKS,FISH ,TURTLES SWIM IN THE POND AND BIRDS ,SQUIRRELS,RABBITS,ETC.THRIVE THERE. BEAUTIFUL TREES, BUSHES AND PLANTS GROW IN A TASTEFULLY LANDSCAPED SETTING. 5) FAMILIES ENJOY THE ACTIVITIES; BASEBALL GAMES, BASKETBALL THROWING, PLAYGROUND FOR CHILDREN, ETC. IN A PLEASANT PARK LIKE SETTING. THIS WOULD BE GREATLY ALTERED BY A NEW BUILDING AND INCREASED PARKING. 6) DELAYS DUE TO INCREASED TRAFFIC WOULD RESULT IN BEING LATE FOR SCHEDULED ACTIVITIES. 7) DOG WALKERS, JOGGERS, BIKERS, WALKERS ENJOY THE PEACEFUL,RELAXING PARK SETTING,BENEFICIAL TO THEIR HEALTH. THIS WOULD BE GREATLY ALTERED. 8) PARKING WOULD BE DIFFICULT AT BUSY TIMES. 9) COST OF NEW BUILDING- OVER $6,000,000 !!! (SIX MILLION DOLLARS!!!! 10) RENOVATION OF EXISTING LIBRARY, AS IN DUNEDIN, WOULD BE MUCH LESS. STUDIES NEED TO BE DONE. .6u., "/1 Gov f we Ga a oov' oo MORE VITAL REASONS TO KEEP COUNTRYSIDE PUBLIC LIBRARY AT PRESENT LOCATION AND OPPOSE NEW LIBRARY BUILDING AT COUNTRYSIDE RECREATION CENTER. 1) COUNTRYSIDE RECREATION CENTER IS CURRENTLY IN A PRISTINE PARK LIKE SETTING WHICH WOULD BE RUINED BY THE ADDITION OF A NEW BUILDING. 2) GREEN SPACE WOULD BE SACRIFICED, ESSENTIAL TO A HEALTHY NATURAL ENVIRONMENT. 3) INCREASE IN CARBON EMISSIONS FROM GREATER VOLUME OF CARS WOULD POLLUTE THE AIR AND BE HAZARDOUS TO THE HEALTH OF HUMANS, WILDLIFE,FISH AND FLORA THERE. 4) THE ECO- SYSTEM (THE COMMUNITY OF ANIMALS AND PLANTS) WOULD BE GREATLY DISTURBED.DUCKS,FISH ,TURTLES SWIM IN THE POND AND BIRDS ,SQUIRRELS,RABBITS,ETC.THRIVE THERE. BEAUTIFUL TREES, BUSHES AND PLANTS GROW IN A TASTEFULLY LANDSCAPED SETTING. 5) FAMILIES ENJOY THE ACTIVITIES; BASEBALL GAMES, BASKETBALL THROWING, PLAYGROUND FOR CHILDREN, ETC. IN A PLEASANT PARK LIKE SETTING. THIS WOULD BE GREATLY ALTERED BY A NEW BUILDING AND INCREASED PARKING. 6) DELAYS DUE TO INCREASED TRAFFIC WOULD RESULT IN BEING LATE FOR SCHEDULED ACTIVITIES. 7) DOG WALKERS, JOGGERS, BIKERS, WALKERS ENJOY THE PEACEFUL,RELAXING PARK SETTING,BENEFICIAL TO THEIR HEALTH. THIS WOULD BE GREATLY ALTERED. 8) PARKING WOULD BE DIFFICULT AT BUSY TIMES. 9) COST OF NEW BUILDING- OVER $6,000,000 !!! (SIX MILLION DOLLARS!!!! 10) RENOVATION OF EXISTING LIBRARY, AS IN DUNEDIN, WOULD BE MUCH LESS. STUDIES NEED TO BE DONE. 7` ;c) 71- `P-°`1 1 61 S.- MORE VITAL REASONS TO KEEP COUNTRYSIDE PUBLIC LIBRARY AT PRESENT LOCATION AND OPPOSE NEW LIBRARY BUILDING AT COUNTRYSIDE RECREATION CENTER. 1) COUNTRYSIDE RECREATION CENTER IS CURRENTLY IN A PRISTINE PARK LIKE SETTING WHICH WOULD BE RUINED BY THE ADDITION OF A NEW BUILDING. 2) GREEN SPACE WOULD BE SACRIFICED, ESSENTIAL TO A HEALTHY NATURAL ENVIRONMENT. 3) INCREASE IN CARBON EMISSIONS FROM GREATER VOLUME OF CARS WOULD POLLUTE THE AIR AND BE HAZARDOUS TO THE HEALTH OF HUMANS, WILDLIFE,FISH AND FLORA THERE. 4) THE ECO- SYSTEM (THE COMMUNITY OF ANIMALS AND PLANTS) WOULD BE GREATLY DISTURBED.DUCKS,FISH ,TURTLES SWIM IN THE POND AND BIRDS ,SQUIRRELS,RABBITS,ETC.THRIVE THERE. BEAUTIFUL TREES, BUSHES AND PLANTS GROW IN A TASTEFULLY LANDSCAPED SETTING. 5) FAMILIES ENJOY THE ACTIVITIES; BASEBALL GAMES, BASKETBALL THROWING, PLAYGROUND FOR CHILDREN, ETC. IN A PLEASANT PARK LIKE SETTING. THIS WOULD BE GREATLY ALTERED BY A NEW BUILDING AND INCREASED PARKING. 6) DELAYS DUE TO INCREASED TRAFFIC WOULD RESULT IN BEING LATE FOR SCHEDULED ACTIVITIES. 7) DOG WALKERS, JOGGERS, BIKERS, WALKERS ENJOY THE PEACEFUL,RELAXING PARK SETTING,BENEFICIAL TO THEIR HEALTH. THIS WOULD BE GREATLY ALTERED. 8) PARKING WOULD BE DIFFICULT AT BUSY TIMES. 9) COST OF NEW BUILDING- OVER $6,000,000 !!! (SIX MILLION DOLLARS!!!! 10) RENOVATION OF EXISTING LIBRARY, AS IN DUNEDIN, WOULD BE MUCH LESS. STUDIES NEED TO BE DONE. Au-% /f - / 9 .7e.- //1.`' ° O . - '6°1 C "° pO MORE VITAL REASONS TO KEEP COUNTRYSIDE PUBLIC LIBRARY AT PRESENT LOCATION AND OPPOSE NEW LIBRARY BUILDING AT COUNTRYSIDE RECREATION CENTER. 1) COUNTRYSIDE RECREATION CENTER IS CURRENTLY IN A PRISTINE PARK LIKE SETTING WHICH WOULD BE RUINED BY THE ADDITION OF A NEW BUILDING. 2) GREEN SPACE WOULD BE SACRIFICED, ESSENTIAL TO A HEALTHY NATURAL ENVIRONMENT. 3) INCREASE IN CARBON EMISSIONS FROM GREATER VOLUME OF CARS WOULD POLLUTE THE AIR AND BE HAZARDOUS TO THE HEALTH OF HUMANS, WILDLIFE,FISH AND FLORA THERE. 4) THE ECO- SYSTEM (THE COMMUNITY OF ANIMALS AND PLANTS) WOULD BE GREATLY DISTURBED.DUCKS,FISH ,TURTLES SWIM IN THE POND AND BIRDS ,SQUIRRELS,RABBITS,ETC.THRIVE THERE. BEAUTIFUL TREES, BUSHES AND PLANTS GROW IN A TASTEFULLY LANDSCAPED SETTING. 5) FAMILIES ENJOY THE ACTIVITIES; BASEBALL GAMES, BASKETBALL THROWING, PLAYGROUND FOR CHILDREN, ETC. IN A PLEASANT PARK LIKE SETTING. THIS WOULD BE GREATLY ALTERED BY A NEW BUILDING AND INCREASED PARKING. 6) DELAYS DUE TO INCREASED TRAFFIC WOULD RESULT IN BEING LATE FOR SCHEDULED ACTIVITIES. 7) DOG WALKERS, JOGGERS, BIKERS, WALKERS ENJOY THE PEACEFUL,RELAXING PARK SETTING,BENEFICIAL TO THEIR HEALTH. THIS WOULD BE GREATLY ALTERED. 8) PARKING WOULD BE DIFFICULT AT BUSY TIMES. 9) COST OF NEW BUILDING- OVER $6,000,000 !!! (SIX MILLION DOLLARS!!!! 10) RENOVATION OF EXISTING LIBRARY, AS IN DUNEDIN, WOULD BE MUCH LESS. STUDIES NEED TO BE DONE. i / n !a 96 - 6'1e)(-141 :' r 4 6c-'/-°, a o 6 2". S- MAY 23, 2014 PETITION: TO KEEP THE COUNTRYSIDE PUBLIC LIBRARY AT ITS PRESENT LOCATION AND TO OPPOSE THE CONSTRUCTION OF A NEW LIBRARY BUILDING AT COUNTRYSIDE RECREATION CENTER. WE THE UNDERSIGNED, PETITION THE CITY OF CLEARWATER, ITS' MAYOR AND COUNCIL MEMBERS TO KEEP COUNTRYSIDE PUBLIC LIBRARY AT ITS' PRESENT IDEAL LOCATION NEAR THE INTERSECTION OF S.R. 580 AND COUNTRYSIDE BLVD. ON A BUS LINE. WE OPOSE THE CONSTRUCTION OF A NEW LIBRARY BUILDING AT COUNTRYSIDE RECREATION CENTER, WHICH IS "OUT OF THE WAY", AT THE END OF A 2 WAY, 2 LANE, DEAD END ST. SABAL SPRINGS DR. THERE IS NO OTHER ENTRANCE OR EXIT WHICH COULD CAUSE MAJOR TRAFFIC PROBLEMS THAT WOULD RESULT IN ACCIDENTS TO CHILDREN AND SENIORS WHO ATTEND ACTIVITIES THERE. IT WOULD DESTROY THE PARK LIKE SETTING ENJOYED BY ALL. ADDITIONAL VITAL REASONS ARE ON THE ATTACHED LIST. ONLY CLEARWATER RESIDENTS MAY SIGN. TIME IS OF THE ESSENCE. PRINT NAME SIGNATURE ADDRESS DATE V vv, ® ,,`(( o 1.1' (v , e `-c-) et- 7/0z M a y K Qn n Jiqir, OdL,,,// t r21a 00 S• crcreS . r d Cf rc</C,A143( S G°LjeA AliP47 R s so s so Nwo 00.4,+x,Iq 3374) 1 4 Cia by 2 1/M)I?1f S Cl%'c. -1/414/ Y Pr6In»Tj QtT,ccHr C-Mel,FITC- G.ie-gEgi-&-- GLa...k.±k ,/L.A.L.-„_Qs,,k SSa S2 ,5 3 d 3 rl 33')Gl 7 ( 3/( / 7 / , 1erneD4_ /0 Lc 6t_ba_e j° 5---.6-0 ,5" ,e 6-"gc.) ?oi: 4-5// or( Qsf- eic-/ A n 7-----3 -4) p 3 // 1`0 E. E 1 i1 Lo -T .(,kag 7(f-3 )/ 7 /, / s' &yr/ / ez, 7,R5-0 -4(,ft ,5-,k A(`ag 1 / I S h te alaL ii 2- X.. 9- 0<) fs 121> e7 3/y PETITION TO OPPOSE A NEW LIBRARY BUILDING AT COUNTRYSIDE PARK AND RECREATION CENTER WE, THE UNDERSIGNED, PETITION THE CITY OF CLEARWATER,ITS' MAYOR AND COUNCIL MEMBERS TO STOP THE PLAN TO BUILD A NEW LIBRARY AT COUNTRYSIDE PARK AND RECREATION CENTER WE ARE RESIDENTS OF MISTY SPRINGS CONDOMINIUMS WHICH IS PROPERTY ADJACENT TO THE PROPOSED SITE WHICH IS AT THE END OF A TWO -WAY, TWO LANE DEAD END ST. WITH NO OTHER ENTRANCE OR EXIT.. C A4" I "67 THE SUBSTANTIAL INCREASE IN TRAFFIC (ERGO, AN INCREASE OF CARBON EMI "SS L 0N THERE WOULD BE A GREAT POTENTIAL FOR ACCIDENTS BECAUSE OF TRAFFIC CONGESTION AND WE WOULD NO LONGER HAVE EASY ACCESS TO SABAL SPRINGS DR. (NEITHER WOULD DELIVERY TRACKS, MAIL VANS, ETC) /, WE OPPOSE A NEW LIBRARY BUILDING BECAUSE IT WOULD DISTURB OUR - PEACE AND QUIET THAT WE NOW ENOY. ALSO IT WOULD ADVERSELY AFFECT OUR PROPERTY VALUES. tc 5igt1 N Mr DD RE SS To z7L 726iS.fa,94 ba s 5-- : ---- r 2‘ tSq,h S tan t,0-3 ' i, `%i nrc i(-A ;L ? ) `SP II>',4 4 -0i - I N /111 t,' a3 Sr -Sr' L' 13 PETITION TO OPPOSE A NEW LIBRARY BUILDING AT COUNTRYSIDE PARK AND RECREATION CENTER WE, THE UNDERSIGNED, PETITION THE CITY OF CLEARWATER,ITS' MAYOR AND COUNCIL MEMBERS TO STOP THE PLAN TO BUILD A NEW LIBRARY AT COUNTRYSIDE PARK AND RECREATION CENTER WE ARE RESIDENTS OF MISTY SPRINGS CONDOMINIUMS WHICH IS PROPERTY ADJACENT TO THE PROPOSED Sl'I'E WHICH IS AT THE END OF A TWO- WNG, TWO LANE DEAD END ST. WITH NO OTHER - ENTRANCEOR EXIT:: 7 THE SUBSTANTIAL INCREASE IN TRAFFIC (ERGO, AN INCREASE OF CARBON EMI 'SSL 4 ryS THERE WOULD BE A GREAT POTENTIAL FOR ACCIDENTS BECAUSE OF TRAFFIC CONGESTION AND WE WOULD NO LONGER HAVE EASY ACCESS TO SABAL SPRINGS DR. (NEITHER WOULD DELIVERY TRACKS, MAIL VANS, ETC)? r' WE OPPOSE A NEW LIBRARY BUILDING BECAUSE IT WOULD DISTURB OUR PEACE AND QUIET THAT WE NOW ENOY. ALSO IT WOULD ADVERSELY AFFECT OUR PROPERTY VALUES. i?I N7 WA 1I 5ign NA"`( V6A0//q-i_fin. e_Ye _ -4/0. STE 1111)5 a Lei AOD RI SS S.f a 6,0- 5 5 1 9 ka?3 s , Q.:kr6 lob PETITION TO OPPOSE A NEW LIBRARY BUILDING AT COUNTRYSIDE PARK AND RECREATION CENTER WE, THE UNDERSIGNED, PETITION THE CITY OF CLEARWATER,ITS' MAYOR AND COUNCIL MEMBERS TO STOP THE PLAN TO BUILD A NEW LIBRARY AT COUNTRYSIDE PARK AND RECREATION CENTER WE ARE RESIDENTS OF MISTY SPRINGS CONDOMINIUMS WHICH IS PROPERTY ADJACENT TO THE PROPOSED SITE WHICH IS AT THE END OF A TWO -WAY, TWO LANE DEAD END ST. WITH NO OTHER ENTRANCE OR EXIT.. CALLS( NCI THE SUBSTANTIAL INCREASE IN TRAFFIC (ERGO, AN INCREASE OF CARBON EMI 531 G N5 THERE WOULD BE A GREAT POTENTIAL FOR ACCIDENTS BECAUSE OF TRAFFIC CONGESTION AND WE WOULD NO LONGER HAVE EASY ACCESS TO SABAL SPRINGS DR. (NEITHER WOULD DELIVERY TRACKS, MAIL VANS, ETC) WE OPPOSE A NEW LIBRARY BUILDING BECAUSE IT WOULD DISTURB OUR PEACE AND QUIET THAT WE NOW ENOY. ALSO IT WOULD ADVERSELY AFFECT OUR PROPERTY VALUES. 1)(I N Nor r1 S K N t\t A ADO SS AVE kill ' par cdAlla Lartail 0)6 77 l 7/(d LT Am/6 6104 ,x7a4A I y Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-277 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve a maintenance contract with Aptean, Inc., 1155 Perimeter Center West, Atlanta, GA 30338, for the period of July 1, 2015 to June 30, 2019 for software maintenance at a cost not to exceed $371,054 in accordance with Sec. 2.564 (1)(b), Code of Ordinances, sole source, and authorize the appropriate officials to execute same (consent) SUMMARY: In 1991, the City initiated a 20-year term agreement with ROSS Systems, Inc. for the use of financial management software to manage the City’s general ledger, accounts receivable and accounts payable needs. In the course of this contractual relationship, numerous upgrades and functional improvements were made to include detailed reporting and P-card management. In 2006, ROSS was purchased by CDC, Inc., and then in 2012 the ROSS product was purchased by Aptean, Inc., a private venture capital group. The City continued to operate under the terms of the original 1991 agreement until Aptean, Inc. presented us with a revised terms and agreement support contract. The lengthy of term options were 3-5 years in duration, and staff agreed to have the annual support fee fixed for the duration of the 5-year term. The annual rate is $92,763.30, for a 4-year total of $371,053.20. The new annual support rate represents an approximate $14,000 increase (~19%) over last year’s maintenance. However, over the 23-year term of use of ROSS financials, the maintenance rate has been adjusted downward on 2 occasions at our request, and our current maintenance rate for an organization and budget of our size is very reasonable. APPROPRIATION CODE AND AMOUNT: 0555-09864-546200-519-000-0000 Funds will be allocated as an internal service charge within the Information Technology budget. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-281 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a Facility Encroachment Agreement with CSX Transportation, Inc. for the installation of an underground natural gas main in the CSX right-of-way and authorize the appropriate officials to execute same. (consent) SUMMARY: In order to continue supplying natural gas service and maintain system reliability, Clearwater Gas System needs to replace a gas main, which crosses the CSX railroad right-of-way along N. Betty Lane. This new crossing is part of our antiquated main replacement project to remove all bare steel and galvanized gas mains. The existing gas main was installed in 1951 and it is in need of replacement. The proposed gas main will be a 2-inch Polyethylene (PE) pipe, which is the pipeline material currently used for all new main installations. CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and conditions associated with placing a pipeline underneath their railway system. This Agreement also contains a Contractor Acceptance Rider that requires any contractor performing work within the CSX right-of-way, as part of this agreement, to provide $1,000,000 Workers Compensation & Employers Liability insurance; $5,000,000 Commercial General Liability coverage; Business automobile liability insurance of $1,000,000; and Railroad Protective Liability Insurance coverage of $5,000,000. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 315-96377-563800-532-000-0000 USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-220 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve an Amendment to a Cooperative Funding Agreement with Southwest Florida Water Management District (SWFWMD), increasing the grant by $1,000,000 to $1,550,000 for Magnolia Drive Outfall Storm Drainage and Water Quality Improvements, extend the contract expiration date to April 15, 2016 (12-0023-EN) and authorize the appropriate officials to execute same. (consent) SUMMARY: The Magnolia Drive Outfall Storm Drainage and Water Quality Improvements project will provide a new and larger outfall for approximately 45 acres. The project begins at S Ft. Harrison Avenue near Druid Road and outfalls at the west end of Magnolia Street at the seawall. During the design of this project it was determined that the existing system was undersized and replacing the majority of it with a larger system provides more benefits than rehabilitation. Construction of this project includes installation of approximately 5,230 LF of pipe of various sizes, 45 curb inlets and 20 manholes. Also, three stormwater treatment devices to collect pollutants and improve the quality of water discharging into Clearwater Harbor. March 21, 2013, City Council approved the initial SWFWMD agreement in an amount not to exceed $550,000. This Agreement amends the initial SWFWMD Agreement extending the contract period to April 15, 2016; revising the existing scope of work thus increasing cooperative funding by $1,000,000 from $550,000 to $1,550,000. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: Third quarter amendments will increase budget only of Capital Improvement Program (CIP) project 0315-96184, Magnolia Drive Outfall, by SWFWMD grant in the amount of $1,000,000 and transfer $1,000,000 of Stormwater Revenue from CIP 0315-96170, Coastal Basins Project, to match the grant for total funding in the amount of $2,000,000. Page 1 City of Clearwater Printed on 7/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-223 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve a Cooperative Funding Agreement agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for implementation of the Jeffords Street Stormwater Improvements (N270) in the amount of $200,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: The existing Jeffords Street Outfall is in Coastal Basin 1 and consists of grated inlets discharging into 1100 feet of 15 inch vitrified clay pipe with the last 450 feet discharging through private property. This system collects stormwater from the area between Magnolia Street and Jeffords Street and from Bay Avenue to St Josephs Sound. The existing grated inlets clog up with leaves and debris, then the overflow washes the leaves and debris overland into Clearwater Harbor. The replacement of this system will provide open throat inlets, relocate the system into the city's right of way and improve water quality by utilizing a stormwater treatment structure to collect the leaves and debris. SWFWMD is funding an equal share up to 50% of the costs of the project up to a maximum of $200,000 for design and construction. APPROPRIATION CODE AND AMOUNT: 0315-96177 $200,000 Sufficient funding is available in Capital Improvement Program project 0315-96177, Jeffords Street Outfall. Page 1 City of Clearwater Printed on 7/16/2014 Baffle Box DRUID RD JEFFORDS ST MAGNOLIA DR LOTUS PATH JASMINE WAY PINELLAS ST REYNOLDS AVE BAY AVE RICKER RD D R U I D P L Jeffords Street Outfall Project (N270) ²Pr epared by:Engineering DepartmentGeographic Technolog y Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearw ater.com CRM K_S 295A/B 16-29s-15e06/04/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date: Legend Jeffords St Proposed outfall Parcel Boun dary N.T.S.Scale: Path: V:\GIS\Engineering\Location Maps\J effords St Outfall.mxd City Project #10-0032-ENSWFWMD Project #N270 Y AGREEMEN7 NO. 11C00000010 COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FL.ORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR IMPLEMENTATION OF BMPS IN THE COASTAL ZONE 1 WATERSHED AT JEFFORDS STREET (N270) THIS COOPERATIVE FUNDING AGREEMENT is made and entered inta by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporatian of the State of Flarida, whase address is 2379 Broad Street, Braoksville, Florida 346Q4-6899, for itself and on behalf of the Pinellas-Anclote River Basin Baard, hereinafter collectively referred to as the "DISTRICT," and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 112 Osceala Avenue, Clearwater, Flarida 33756, hereinafter referred to as th " CITY." WITNESSETH: WHEREAS, the CITY propased a project to the DISTRICT for funding consideratian under the DISTRICT'S caoperative funding pragram; and WHEREAS, the project consists of relocating the CITY'S local starmwater conveyance system along Lotus Path, South Druid Road and Jeffords Stre t inta the CITY'S right af way and improving water quality by utilizing a hydrodynamic separator stormwater treatment structure, hereinafter referred to as the "PROJECT"; and WHEREAS, the DISTRICT cansiders the PROJECT worthwhile and desires to assist the CITY in funding the PROJECT. N W THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms, covenants and canditions set farth herein, agree as fallows: PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set forth belaw as its respective Praject Manager. Praject Managers will assist with PROJECT coordination and will be each party's prime cantact persan. Notices and reports will be sent ta the attentian of each party's Praject Manager by U.S. mail, postage paid, by nationally recognized overnight courier, or personally to the parties' addresses as set forth in the introductory paragraph of this Agreement. Notice is effective upon receipt. Project Manager for the DISTRICT: Gearge Fries, P.E. Project Manager for the CITY: Elliat Shoberg, P.E. Any changes to the above representatives or addresses must be provided to the ather party in writing. Page 1 af 9 1.1 The DISTRICT'S Project Manager is hereby authorized to approve requests ta extend a PROJECT task deadline set forth in this Agreement. Such approval must be in writing, explain the reason fior the extension and be signed by the Project Manager and his or her Department Director, or Deputy Executive Director if the Department Director is the Project Manager. The DISTRICT'S Project Manager is nat authorized to approve any time extension which will result in an increased cost to the DISTRICT ar which will exceed the expiration date set farth in Paragraph 7, Contract Period. 1.2 The DISTRICT'S Project Manager is authorized to adjust a line item amount of the Project Budget contained in the Project Plan set forth in Exhibit "B" or, if applicable, the refined budget as set forth in Subparagraph 3.2 belaw. The autharizatian must be in writing, explain the reasan for the adjustment, and be signed by the Project Manager, his or her Department Director and Deputy Executive Director. The DISTRICT'S Project Manager is nat authorized ta make changes ta the Scope of Work and is not autharized to approve any increase in the amounts set forth in the funding sectian af this Agreement. 2. SCOPE OF WORK. Upon receipt of written notice to praceed from the DISTRICT, the CITY will perfarm the services necessary ta complete the PROJECT in accordance with the Special Project Terms and Conditions set forth in Exhibit "A" and the CITY'S Project Plan set forth in Exhibit "B." Any changes to this Scope of Wark and assaciated casts, except as provided herein, must be mutually agreed to in a formal written amendment approved by th DISTRICT and the CITY priar to being perFarmed by the CITY, subject to the provisions af Paragraph 3, Funding. The CITY will be solely responsible for managing the PROJECT, including the hiring and supervising of any consultants or cantractors it engages in order to complete the PROJECT. The parties agree that time is of the essence in the perFormance of each obligation under this Agreement. 3. FUNDING. The parties anticipate that the tatal cast af the PROJECT will be Four Hundred Thousand Dallars ($400,00). The DISTRICT agrees ta fund PROJECT costs up ta Two Hundred Thousand Dollars ($200,Q00) and will have no obligation to pay any casts beyond this maximum amount. The CITY agrees to provide all remaining funds necessary for the satisfactary completian of the PROJECT. The CITY will be the lead party ta this Agreement and pay PROJECT costs priar to requesting reimbursement from the DISTRICT. 3.1 Any f deral, state, local or grant monies received by the CITY far this PROJECT will be applied to equally reduce each party's share of PROJECT costs. The CITY will provide the DISTRICT with written documentatian detailing its allocation af any such funds apprapriated for this PROJECT. In the event the DISTRICT provides funding far the PROJECT in excess af the DISTRICT'S share after all federal, state, lacal and grant monies have been applied as set forth herein, CITY will promptly refund such overpaid amounts to the DISTRICT. 3.2 The DISTRICT will reimburse the CITY for the DISTRICT'S share of the PROJECT costs in accordance with the Project Budget contained in the Project Plan set forth in Page 2 of 9 Exhibit "B." The CITY may contract with cansultant(s), contractor(s) or bath in accordance with the Special Project Terms and Canditions set forth in Exhibit "A." Upon written DISTRICT approval, the budget amounts for the work set forth in such contract(s) will refine the amounts set forth in the Project Budget and be incorporated herein by reference. The DISTRICT will reimburse the CITY for 50 percent of all allowable costs in each DISTRICT appraved invoice received fram the CITY, but at no paint in time will the DISTRICT'S expenditure amount under this Agreement exceed expenditures made by the CITY. Payment will be made to the CITY within farty-five (45) days of receipt of an invaice with adequate supporting documentation ta satisfy auditing purposes. Invaices will be submitted to the DISTRICT every two 2) months electronically at invoicesCc WaterMatters.ora, or at the following address: Accounts Payable Section Southwest Florida Water Management District Past Oifice Bax 1166 Broaksville, lorida 34605-1166 In addition to sending an original invoice to the DISTRICT'S Accaunts Payable Section as required above, copies af invoices may alsa be submitted to the DISTRICT'S Project Manager in arder to expedite the review process. Failure af th CITY to submit invaices to the DISTRICT in the manner provided herein will relieve the DISTRICT of its obligation to pay within the aforementioned timeframe. 3.3 Any travel expenses which may be authorized under this Agreem nt will be paid in accordance with Section 112.061, F.S., as may be amended from time ta time. 3.4 The DISTRICT will not reimburse the CITY far any purpose not specifically identified in Paragraph 2, Scope of Work. 3.5 Surcharges added to third party invoices are not considered an allowable cdst und r this Agreement. 3.6 The DISTRICT will have no obligation and will not reimburse the CITY for any costs under this Agreement until constructi n of the PROJECT has commenced. 3.7 Each CITY invaice must include the following certificatian, and the CITY hereby delegates authority by virtue of this Agreement ta its Project Manager to affirm said certification: I hereby certify that the costs requested for reimbursement and the CITY'S matching funds, as representEd in this invoice, are directly related ta the performance under the Implementation of BMPs in the Coastal Zone 1 Watershed at Jeffords Street (N270) agreement between the Southwest Flarida Water Manag ment District and the City of Clearwater (Agreement Na. 11 C00000010), are allowable, allocable, properly documented, and are in accardance with the approved project budget. The CITY has be n allocated a total of $_ in federal, state, local or grant monies for this PROJECT. $_ has been allocated to this invoice, reducing the DISTRICT'S and CITY'S share to Page 3 of 9 3.8 The DISTRICT'S performance and payment pursuant to this Agreement are cantingent upon the DISTRICT'S Governing Board appropriating funds in its approved budget for the PROJECT in each Fiscal Year of this Agreement. 4. COMPL.ETION DATES. The CITY will commence the PROJECT by April 1, 2011, will complete the PROJECT by June 3Q, 2013 and will otherwise meet the milestones established in this Agreement, as may be extended by the DISTRICT in accordance with Paragraph 1 of this Agreement. In the event of hurricanes, tornados, flaads, acts of Gad, acts af war, or other such catastrophes, ar ather man-made emergencies such as labor strikes ar riots, which are b yand the contral af the CITY, the CITY'S abligations to meet the time frames provided in this Agreement will be suspended for the periad of time the condition cantinues to exist. During such suspensian, this Agreement will remain in effect. The suspension of the CITY'S abligations provided for in this pravision will be the CITY'S sole remedy for the delays set forth herein. 5. FAILURE TO COMPLETE PROJECT. The CITY will repay the DISTRICT all funds the DISTRICT paid to the CITY under this Agreement, if: a) the CITY fails to camplete the PROJECT in accardance with Paragraph 4 of this Agreement; b) the DISTRICT determines, in its sole discretion and judgment, that the CITY has failed to maintain scheduled progress of the PROJECT thereby endangering the timely perfarmance of this Agreement; or c) th CITY fails to appropriate sufficient funds ta camplete the PROJECT. The CITY will be obligated to pay attorneys' fess and costs incurred by the DISTRICT, including appeals, as a result af CITY'S failure to repay the DISTRICT in accordance with this Paragraph. 6. OPERATION AND MAINTENANCE. After constructian is campleted, the CITY will operate and maintain the PROJECT for a minimum of twenty (20) years, in such a manner that the resaurce benefits as described in the Project Plan are achieved. In the event the PROJECT is not operated and maintained in accardance with these requirements, the CITY will pay to the DISTRICT an early termination fee. The fee will be five percent (5%) of total DISTRICT monies contributed to the PROJECT for each year or a fraction thereof for early terminatian of the PROJECT. The CITY will be obligat d ta pay attorneys' fees and costs incurred by the DISTRICT, including appeals, as a result af CITY'S failure to repay the DISTRICT in accordance with this Paragraph. The rights and remedies in this provision are in addition ta any ather rights and remedies pravided by law ar this Agreement. 7. CONTRACT PERIOD. This Agreement will be efFective upan executian by the parties and will remain in effect through Decemb r 31, 2Q13, or upon satisfactory completian of the PROJECT and subsequent reimbursement to the CITY, whichever accurs first, unless amended in writing by the parties. The CITY will not be eligible far reimburs ment for any work that is commenced, or costs that are incurred, prior ta the efFective date of this Agreement. S. PROJECT RECORDS AND DOCUMENTS. Each party, upon request, will permit the ather party ta examine or audit all PROJECT related records and documents during or following campletion of the PROJECT. Payments made to CITY under this Agreement will be reduced for amounts found to be not allowable under this Agreement by an audit. Page 4 of 9 The CITY will refund to the DISTRICT all such disallowed payments. If an audit is undertaken by either party, all required records will be maintained until the audit has been completed and all questions arising from it are resolved. Each party will maintain all such records and documents for at least three (3) years follawing campletion af the PROJECT. Each party will allow public access to PROJECT documents and materials made ar received by either party in accordance with the Public Records Act, Chapter 119, F.S. Should either party assert any exemption to the requirements af Chapter 119, F.S., the burden of establishing such exemptian, by way af injunctive or other relief as pravided by law, will be upon #he asserting party. 9. OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS. All dacuments, including reports, drawings, estimates, programs, manuals, specifications, and all goods or praducts, including intellectual property and rights thereto, purchased under this Agreement with DISTRICT funds or developed in connection with this Agreement will be and will rEmain the property of the DISTRICT and the CITY, jointly. 10. REPORTS. The CITY will pravide the DISTRICT with capies of any and all reparts, models, studies, maps or other documents r sulting from the PROJECT. 11. LIABILITY. Each party hereto agr es to defend, indemnify and hold the other harmless, to the extent allowed under Section 768.28, F.S., from all claims, loss, damage and expense, including attorneys' fees and casts and attorneys' fees and casts on appeal, arising from the negligent acts or omissians of the indemnifying party's officers, employees, contractors and agents related to its performance under this Agreement. The indemnified party will have the right ta approve couns l selected by the indemnifying party. This provision does nat constitute a waiver of either party's sovereign immunity under Sectian 768.28, F.S., or extend either party's liability beyond the limits establish d in Section 768.28, F.S. Additianally, this provision will nat be construed ta impose contractual liability on either party for underlying tort claims as d scribed above beyond the limits specified in Section 768.28, F.S. 12. DEFAULT. Either party may terminate this Agreement upon the ather party's failure to comply with any t rm or condition af this Agreement, including the fiailure to meet specific milestones established in this Agreement, as long as the terminating party is not in default ofi any term or conditian of this Agreement at the time of terminatian. In addition to the above, the DISTRICT may terminate this Agreement if, in its sole discretion and judgment, it determines that the CITY has failed to maintain scheduled pragress of the PROJECT thereby endangering the timely performance of the PROJECT. To effect termination, the terminating party will pravide the defiaulting party with a written "Notice of Termination" stating its intent ta terminate and describing all terms and conditions with which the defaulting party has failed t camply. If the defaulting party has not remedied its default within thirty (30) days after receiving the Notice of Termination, this Agreement will automatically terminate. If a default cannat reasanably be cured in thirty (30) days, then the thirty (30) days may be extended at the non-defaulting party's discretion, if the defaulting party is pursuing a cure of the default with reasanable diligence. The rights and remedies in this provision are in addition to any other rights and remedies provided by law or this Agreement. Page 5 af 9 13. RELEASE OF INFORMATION. The parties agree not to initiate any oral or written media interviews or issue press releases on ar about the PROJECT withaut providing advance notices or capies to the other party. This provision will not be construed as pr venting the parties from complying with the public records disclosure laws set forth in Chapter 119, F.S. 14. DISTRICT RECOGNITION. The CITY will recognize D15TRICT funding and, if applicable, Basin Baard funding in any reports, models, studies, maps or other documents resulting from this Agreement, and the form of said recognition will be subject ta DISTRICT approval. If construction is invalved, the CITY will provide signage at the PROJECT site that recognizes funding for this PROJECT pravided by the DISTRICT and, if applicable, the Basin Board(s). All signage must meet with DISTRICT written approval as ta farm, cantent and location, and must be in accardance with local sign ordinances. 15. PERMITS AND REAL PROPERTY RIGHTS. The CITY must obtain all permits, Iocal gavernment approvals and all r al property rights necessary to complete the PROJECT prior to commencing any canstruction involved in the PROJECT. The DISTRICT will have no obligatian ta reimburse the CITY for any costs under this Agreement until the CITY has obtained such permits and property rights necessary to und rtake the PROJECT. 16. LAW COMPLIANCE. Each par y will comply with all applicable federal, state and local laws, rules, regulations and guidelines, including those of the DISTRICT, relat d to perfarmance under this Agreement. If the PROJECT involves design services, the CITY'S professional designers and the DISTRICT'S regulation and projects staff will meet regularly during the PR JECT design to discuss ways of ensuring that the final design for the proposed PROJECT technically complies with all applicable DISTRICT rules and regulations, however, the DISTRICT undertakes na duty to ensure compliance with such rules and regulatians. 17. DIVERSITY IN CONTRACTING AND SUBCONTRACTING. Th DISTRICT is committed to supplier diversity in the performance af all contracts associated with DISTRICT cooperative funding projects. The DISTRICT requires the CITY ta make gaod faith efFarts to encourage the participation of minority owned and woman owned and small business enterprisss, bath as prime contractars and subcantractors, in the perfarmance of this AgreemEnt, in accordance with applicable laws. 17.1 If requ sted, the DISTRICT will assist the CITY by sharing infarmatian to help the cooperator in ensuring that minority owned and woman owned and small businesses are afFarded an appdrtunity to participate in the perfarmance af this Agreement. 17.2 The CITY agrees ta provide the DISTRICT with a report indicating all contractars and subcantractors who performed work in association with the PROJECT, the amount spent with each cantractar ar subcontractor, and to the extent such informatian is known, whether each contractor or subcontractor was a minority owned or woman owned or small business enterprise. If no minority owned ar waman awned or small business enterprises were used in the perfarmance of this Page 6 of 9 Agreement, then the report shall so indicate. The Minarity/Women Owned and Small Business Utilizatian Report form is attached as Exhibit "C." The report is required upon fiinal completion of the PROJECT priar to fiinal payment, or within thirty (3) days of the execution of any amendment that increases PROJECT funding, for information up ta the date of the amendment and prior ta the disbursement af any additianal funds by the DISTRICT. 18. ASSIGNMENT. Except as otherwise pravided in this Agreement, no party may assign any af its rights or delegate any af its obligations under this Agreement, including any aperatian or maintenance duties related ta the PROJECT, without the prior written cansent af the other party. Any attempted assignment in violation ofi this provision is vaid. 19. SUBCONTRACTORS. Nothing in this Agreement will be canstrued ta create, or be implied to create, any relationship between the DISTRICT and any subcontractor af the CITY. 2Q. THIRD PARTY BENEFICIARIES. Nathing in this Agreement will be construed to benefit any person or entity not a party to this Agreement. 21. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is hereby prohibited from using funds provided by this Agreement far the purpase af labbying the Legislature, the judicial branch or a stat agency. 22. PUBLIC ENTITY CRIMES. Pursuant ta Subsections 287.133(2) and (3), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, ar reply an a cantract with a public entity for the construction or repair of a public building ar public work; may not submit bids, proposals, or replies on leases of real property ta a public entity; may not be awarded r perForm w rk as a contractor, supplier, subcontractor, dr consultant under a contract with any public entity; and may not transact business with any public entity in excess of th threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months following the date of being placed on the convicted vendor list. The CITY agrees to include this provision in all subcontracts issued as a result of this Agreement. 23. DISCRIMINATION. Pursuant to Subsection 287.134(2)(a), F.S., an entity r afFiliate who has been placed on the discriminatory vendor list may not submit a bid, praposal, vr reply on a contract ta provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity far the construction or repair of a public building or public work; may not submit bids, proposals, ar repli s on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. The CITY agrses ta include this provision in all subcantracts issued as a result of this Agreement. 24. GOVERNING LAW. All aspects af this Agreement are gaverned by Flarida law and venue will be in Hernando County, Florida. Page 7 of 9 25. SURVIVAL. The provisions of this Agreem nt that require performance after the expiration or terminatian of this Agreement will remain in force notwithstanding the expiratian or termination of this Agreement including Subparagraph 3.1 and Paragraphs 5, 6, and 11. 26. ENTIRE AGREEMENT. This Agreement and the attached exhibits listed below canstitute the entire agreement between the parties and, unless otherwise provided herein, may be amended only in writing, signed by all parties to this Agreement. 27. DOCUMENTS. The fiollowing documents are attached and made a part of this Agreement. In the event af a conflict of contract terminalogy, priority will first be given to the language in the body of this Agreement, then ta Exhibit "A; then to Exhibit "B," and then to Exhibit "C." Exhibit "A" Special Project Terms and Conditions Exhibit "B" CITY'S Project Plan Exhibit "C" Minority/Wamen Owned and Small Business Utilization Repart Form The remainder of this page intentionally left blank. Page 8 of 9 IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this Agreement on the day and year set forth next to their signatures below. SOUTHWEST FL.ORIDA WATER MANAGEMENT DISTRICT By: , ..,.- ro z ? f3a i k-AA er,-E ceet,i v i es Date Mark A. Hammond, P.E., Director, Resource Management Division CITY OF CLEARWATER J By: 1-- ! 1 Frank V. Hibbard, Mayor iam B. Horne II, City Manager Appraved as to form: Leslie K. Douga I-Si e Assistant City Attorney a Date Date Attest: y oF ry. S. i9. _ ~~ o a Ta e. osemarie. Cal.l City Clerk CQ PERATIVE FUNDING AGREEMENT BETWEEN TH SOUTHW ST FLORIDA WATER MANAG MENT DISTRICT AND CITY OF CLEARWATER FQR IMPLEM NTATION OF BMPS IN COASTAL ZONE 1 WATERSHED AT JEFFOf2DS STREET (N270) Page 9 of 9 DISTRICT AYP(iOVAL INITIAi,S DATE LEGAL ro / RiSiC MGMT CONTRACTS . DEPT DIRECTOR A 15" /O DF..PUTY EXEC DIR ((j GOVERNING BOARD UI ITeT:T I r i[*iri [IiI I I I PIi Ii] EXHIBIT "A" SPECIAL PROJECT TERMS AND CONDITIONS 1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY may engage the services of a consultant(s), hereinafter r ferred ta as the "CONSULTANT," and a contractor(s), hereinafter referred to as the "CONTRACTOR," to perform the services in accordance with the CITY'S Project Plan previausly submitted to the DISTRICT and attached as Exhibit "B." The CITY will be r sponsible for administering the contracts with the CONSULTANT and CONTRACTOR. 2. APPROVAL OF CONSTRUCTION BID DOCUMENTS. The CITY must obtain the DISTRICT'S written approval of all construction bid dacum nts prior to being advertised or atherwise solicited. The DISTRICT will not unreasonably withhald its approval. The DISTRICT'S approval of the construction bid dacuments does not constitute a representation or warranty that the DISTRICT has verified the architectural, engineering, mechanical, electrical, or other components af the canstruction dacuments, or that such documents are in compliance with DISTRICT rules and regulations or any other applicable rules, regulations, or laws. The DISTRICT'S approval will nat canstitute a waiver of the CITY'S obligatian ta assure that the design professional perForms according to the standards of his or her profession. The CITY will require th design professional to warrant that the constructian documents are adequate for bidding and construction of the PROJECT. 3. DISTRICT PARTICIPATION IN SEI ECTING CONSULTANT AND REVIEW O CITY'S SELECTION OF CONTRACTOR. As applicable, upon natifying the CITY'S Project Manager, the DISTRICT will have the option of participating as an evaluator in the CITY'S process for selecting the CONSULTANT. The CITY will provide the DISTRICT with a tabulation af CONTRACTOR bids and a recammendation ta award. The CITY must obtain the DISTRICT'S approval of the selected CONTRACTOR priar to proceeding with construction af the PROJECT and the DISTRICT will nat unreasonably withhold its approval. 4. APPROVAL OF C NTRACTS_ The CITY must obtain the DISTRICT'S prior written appraval of any contracts entered into with its CONSULTANTS and CONTRACTORS. The DISTRICT will nat unreasanably withhold its approval. Page 1 af 1 EXHIBIT "B" PROJECT PLAN Proiect Descri tion AGREEMENl" NO. 11CO OQ0010 This is a PROJECT to perform the Implementation of Best Management Practices (BMPs) element of the DISTRICT'S Watershed Management Program (WMP) within the Caastal Zone 1 Wat rshed in the CITY. Implementation of BMPs includes the fallowing tasks: design, development of constructian documents, canstruction permitting, land acquisition, bidding and contractor selectian, constructian of the BMPs and construction engineering and inspectian. The PROJECT will relocafie the CITY'S local stormwater conveyance system alang Lotus Path, South Druid Road and JefFords Street into the CITY'S right of way and improve water quality by utilizing a hydradynamic separator stormwater treatment structure to collect the leaves, debris and some nutrients in the surface water prior to discharge to St. Joseph's Sound. The requested funds will be used toward design, permitting and construction services necessary to complete the impravements to the stormwater conveyance system. Pro'ect Tasks Key tasks ta be performed by the CITY: 1. Select and hir a CONSULTANT to complete the design, permitting, preparation of cantract dacuments, and to provide engineering and inspection services during canstructian. 2. Attend ane meeting with the DISTRICT prior to beginning the PROJECT ta discuss the approach, schedule and budget. 3. Bid, sel ct, and hire a C NTRACTOR to complete the constructian in accardance with the approved bid dacuments. 4. Provide the DISTRICT with one copy af a summary of the canstruction quality assurance data, construction recard drawings and permit related submittals. 5. Monitor all phases of construction by means of survey, abservations, and materials testing ta give reasonable assurance that the construction work will be performed in accordance with the approved plans and specifications set forth in the DISTRICT approved contract between th CITY and the CONTRACTOR. Proiect Deliverables The CITY will provide the DISTRICT with the fallowing: Specifications and Bidding Documents Construction Plans Bid Tabulation Copy of Notice-To-Proceed ta CONTRACTOR Copy of Contract with CONSULTANT and CONTRACTOR Canstruction Record Drawings Minority Utilization Report Page 1 of 2 Proiect Budaet Task Design Constru tion Inspection Construction Tatal Proiect Schedule Task Select CONSULTANT D sign and Permitting Compl te Bidding and Contractor Selectian Construction Commence Construction Complete CITY 15,000 7,5p0 177 500 2QQ,QQQ DISTRICT 15,000 7,500 177 500 2p0,000 Date April 1, 2011 April 1, 2012 June 30, 2012 September 1, 2012 June 30, 2013 Total 30,aQ0 15,000 355 000 400,000 The remainder ofi this page intentionally left blank. Page 2 af 2 AGREEMENT NO. 11 C OQ00010 EXHIBIT "C" ' MINORITYIWOMEN OWNED AND SMALL BUSINESS UTILIZATION REPORT Projects recei ir g $100,000 or more in cooperati e f nding rom the Southwest Fforida Water Management District require the submission of the following information wit in 30 days of any amendment increasing project fur dir g and with the final in oice. Questions regarding se of this form should be directed to Contracts Administratio, Phone {352) 796-7211 ext. 4 32. 1NDICATE THE ONE CATEGORY HAT BEST DESCR16E5 EACH OftGANIZATlO ISTE' Cooper2tor: BUSI NE55 CLASSIFICATION CERTlFIED MBE NOfV-CERTIFIED MSE UlVKN WN p m T N uni D T y D Agreement No.: Z n a z < cpi D z < n z = m n D z = m n Q D Cl D Z D C7 D Z oZ m D `e D p 2 Profect IVame: y Z Z c, in Z z 3 Z Z Z Z Z Z Total Project Cosf: ; D z z NAMES F CONTRACTORS AND TOTAL AMOUN PAI SUBCONTRACTORS UTILIZED Our organization does not col ect minority status ciata. Signature Date Print Name and Title 16.Q0-026 i 01107' Pacie 1 af 1 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-260 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Award a construction contract to Keystone Excavators, Inc., of Oldsmar, Fl, the 2014 Annual Stormwater Improvements Project (14-0004-EN) based on unit price only in an amount not to exceed $1,144,319 and authorize the appropriate officials to execute same. (consent) SUMMARY: The intent on this project is to establish an annual contract for on-call services for Stormwater infrastructure improvements and repairs. Projects covered by this contract will be of size and scale not feasible for City forces to complete. Projects included in this contract will typically include; repair and replacement of existing stormwater pipe networks, erosion mitigation with the use of gabions or appropriate slope stability procedures, the addition of new stormwater infrastructure to help alleviate localized flooding, and emergency repairs. This is a unit price contract not to exceed a total of $1,144,319 annually. The City reserves the option to extend the contract on a yearly basis, and up to two one-year renewal terms. APPROPRIATION CODE AND AMOUNT: 0315-96124-563700-539-000-0000 $1,144,319 Sufficient funding is available in Capital Improvement Program project 0315-96124, Storm Pipe System Improvements. Page 1 City of Clearwater Printed on 7/16/2014 BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1.1 MOBILIZATION EA 5 7,540.00$ $ 37,700.00 $ 5,000.00 $ 25,000.00 $ 5,000.00 $ 25,000.00 13,100.00$ $ 65,500.00 $ 30,000.00 $ 150,000.00 11,250.00$ $ 56,250.00 $ 10,440.42 $ 52,202.10 3,500.00$ $ 17,500.00 22,800.00$ $ 114,000.00 1.2 MAINTENANCE OF TRAFFIC ALLOWANCE LS 1 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 1.3 EROSION AND SEDIMENT CONTROL EA 5 1,100.00$ $ 5,500.00 $ 1,500.00 $ 7,500.00 $ 950.00 $ 4,750.00 1,035.00$ $ 5,175.00 $ 3,500.00 $ 17,500.00 1,240.00$ $ 6,200.00 $ 2,784.11 $ 13,920.55 2,073.00$ $ 10,365.00 1,140.00$ $ 5,700.00 118,200.00$ 107,500.00$ 104,750.00$ 145,675.00$ 242,500.00$ 137,450.00$ 141,122.65$ 102,865.00$ 194,700.00$ 2.1 UNSUITABLE MATERIAL REMOVAL & REPLACEMENT CY 1,500 66.00$ 99,000.00$ 50.00$ $ 75,000.00 12.00$ $ 18,000.00 29.00$ 43,500.00$ 20.00$ $ 30,000.00 22.00$ $ 33,000.00 $ 73.83 $ 110,745.00 35.00$ $ 52,500.00 20.00$ $ 30,000.00 2.2 SWALE GRADING LF 1000 10.00$ 10,000.00$ 5.00$ $ 5,000.00 25.00$ $ 25,000.00 10.00$ 10,000.00$ 15.00$ $ 15,000.00 18.00$ $ 18,000.00 $ 21.39 $ 21,390.00 15.00$ $ 15,000.00 35.00$ $ 35,000.00 2.3 PLUGGING & ABANDON IN-PLACE AND GROUT PIPE CY 150 150.00$ 22,500.00$ 500.00$ $ 75,000.00 220.00$ $ 33,000.00 210.00$ 31,500.00$ 250.00$ $ 37,500.00 120.00$ $ 18,000.00 $ 280.30 $ 42,045.00 195.00$ $ 29,250.00 240.00$ $ 36,000.00 2.4 ADDITIONAL PIPE BEDDING MATERIAL (FDOT NO. 57 STONE) IF NEEDED CY 25 62.00$ 1,550.00$ 75.00$ $ 1,875.00 60.00$ $ 1,500.00 105.00$ 2,625.00$ 100.00$ $ 2,500.00 52.00$ $ 1,300.00 $ 68.00 $ 1,700.00 65.00$ $ 1,625.00 40.00$ $ 1,000.00 2.5 ADDITIONAL ROADWAY BASE MATERIAL (CRUSHED CONCRETE) IF NEEDED CY 50 110.00$ 5,500.00$ 90.00$ $ 4,500.00 150.00$ $ 7,500.00 70.00$ 3,500.00$ 125.00$ $ 6,250.00 63.00$ $ 3,150.00 $ 52.61 $ 2,630.50 35.00$ $ 1,750.00 30.00$ $ 1,500.00 2.6 EROSION PROTECTION- RIP RAP TN 100 145.00$ 14,500.00$ 315.00$ $ 31,500.00 200.00$ $ 20,000.00 120.00$ 12,000.00$ 150.00$ $ 15,000.00 140.00$ $ 14,000.00 $ 195.72 $ 19,572.00 250.00$ $ 25,000.00 107.00$ $ 10,700.00 2.7 GABION BASKETS CY 100 410.00$ 41,000.00$ 500.00$ $ 50,000.00 350.00$ $ 35,000.00 350.00$ 35,000.00$ 500.00$ $ 50,000.00 295.00$ $ 29,500.00 $ 514.34 $ 51,434.00 375.00$ $ 37,500.00 120.00$ $ 12,000.00 2.8 IMPORT FILL CY 200 43.00$ 8,600.00$ 25.00$ $ 5,000.00 14.00$ $ 2,800.00 25.00$ 5,000.00$ 18.00$ $ 3,600.00 17.50$ $ 3,500.00 $ 20.08 $ 4,016.00 25.00$ $ 5,000.00 16.00$ $ 3,200.00 202,650.00$ 247,875.00$ 142,800.00$ 143,125.00$ 159,850.00$ 120,450.00$ 253,532.50$ 167,625.00$ 129,400.00$ PIPE DEPTH ≤ 6’ 3.1 15" REINFORCED CONCRETE PIPE (RCP)LF 200 71.00$ 14,200.00$ 95.00$ $ 19,000.00 55.00$ $ 11,000.00 66.00$ 13,200.00$ 140.00$ $ 28,000.00 49.00$ $ 9,800.00 $ 71.65 $ 14,330.00 153.00$ $ 30,600.00 51.00$ $ 10,200.00 3.2 18" REINFORCED CONCRETE PIPE (RCP)LF 200 75.00$ 15,000.00$ 105.00$ $ 21,000.00 75.00$ $ 15,000.00 70.00$ 14,000.00$ 150.00$ $ 30,000.00 56.00$ $ 11,200.00 $ 77.93 $ 15,586.00 161.00$ $ 32,200.00 55.00$ $ 11,000.00 3.3 24" REINFORCED CONCRETE PIPE (RCP)LF 200 87.00$ 17,400.00$ 120.00$ $ 24,000.00 69.00$ $ 13,800.00 77.00$ 15,400.00$ 155.00$ $ 31,000.00 62.00$ $ 12,400.00 $ 87.50 $ 17,500.00 168.00$ $ 33,600.00 65.00$ $ 13,000.00 3.4 30" REINFORCED CONCRETE PIPE (RCP)LF 150 190.00$ 28,500.00$ 145.00$ $ 21,750.00 80.00$ $ 12,000.00 97.00$ 14,550.00$ 160.00$ $ 24,000.00 74.00$ $ 11,100.00 $ 115.97 $ 17,395.50 220.00$ $ 33,000.00 75.00$ $ 11,250.00 3.5 36" REINFORCED CONCRETE PIPE (RCP)LF 150 200.00$ 30,000.00$ 180.00$ $ 27,000.00 105.00$ $ 15,750.00 115.00$ 17,250.00$ 175.00$ $ 26,250.00 82.00$ $ 12,300.00 $ 135.52 $ 20,328.00 236.00$ $ 35,400.00 90.00$ $ 13,500.00 3.6 42" REINFORCED CONCRETE PIPE (RCP)LF 100 215.00$ 21,500.00$ 240.00$ $ 24,000.00 154.00$ $ 15,400.00 123.00$ 12,300.00$ 185.00$ $ 18,500.00 93.00$ $ 9,300.00 $ 164.45 $ 16,445.00 250.00$ $ 25,000.00 102.00$ $ 10,200.00 3.7 48" REINFORCED CONCRETE PIPE (RCP)LF 100 260.00$ 26,000.00$ 275.00$ $ 27,500.00 157.00$ $ 15,700.00 138.00$ 13,800.00$ 225.00$ $ 22,500.00 101.00$ $ 10,100.00 $ 198.28 $ 19,828.00 289.00$ $ 28,900.00 118.00$ $ 11,800.00 3.8 CITY STANDARD CURB INLET (S.D. A-9)EA 5 3,840.00$ 19,200.00$ 4,600.00$ $ 23,000.00 5,800.00$ $ 29,000.00 5,500.00$ 27,500.00$ 7,400.00$ $ 37,000.00 4,104.00$ $ 20,520.00 $ 5,285.00 $ 26,425.00 5,590.00$ $ 27,950.00 4,395.00$ $ 21,975.00 3.9 FDOT TYPE J-7T M.H. (5X5)EA 5 4,500.00$ 22,500.00$ 4,800.00$ $ 24,000.00 5,700.00$ $ 28,500.00 4,500.00$ 22,500.00$ 4,100.00$ $ 20,500.00 3,505.00$ $ 17,525.00 $ 5,175.00 $ 25,875.00 5,490.00$ $ 27,450.00 3,585.00$ $ 17,925.00 3.10 FDOT TYPE J-7T M.H. (6X6)EA 5 5,290.00$ 26,450.00$ 6,100.00$ $ 30,500.00 6,000.00$ $ 30,000.00 5,200.00$ 26,000.00$ 4,800.00$ $ 24,000.00 3,760.00$ $ 18,800.00 $ 5,175.00 $ 25,875.00 6,309.00$ $ 31,545.00 4,375.00$ $ 21,875.00 3.1 FDOT TYPE J-7T M.H. (6X7)EA 5 5,610.00$ 28,050.00$ 6,500.00$ $ 32,500.00 6,500.00$ $ 32,500.00 7,000.00$ 35,000.00$ 7,000.00$ $ 35,000.00 4,180.00$ $ 20,900.00 $ 5,953.00 $ 29,765.00 6,557.00$ $ 32,785.00 5,120.00$ $ 25,600.00 3.1 FDOT TYPE "F" D.B.I.EA 4 4,630.00$ 18,520.00$ 4,500.00$ $ 18,000.00 6,200.00$ $ 24,800.00 3,000.00$ 12,000.00$ 3,100.00$ $ 12,400.00 2,809.00$ $ 11,236.00 $ 4,383.77 $ 17,535.08 5,642.00$ $ 22,568.00 3,090.00$ $ 12,360.00 3.1 FDOT TYPE "C" D.B.I.EA 4 4,010.00$ 16,040.00$ 3,200.00$ $ 12,800.00 6,000.00$ $ 24,000.00 2,600.00$ 10,400.00$ 3,000.00$ $ 12,000.00 2,405.00$ $ 9,620.00 $ 4,768.64 $ 19,074.56 5,030.00$ $ 20,120.00 2,540.00$ $ 10,160.00 PIPE DEPTH > 6’ ≤ 10’ 3.1 15" REINFORCED CONCRETE PIPE (RCP)LF 100 125.00$ 12,500.00$ 110.00$ $ 11,000.00 65.00$ $ 6,500.00 73.00$ 7,300.00$ 145.00$ $ 14,500.00 60.00$ $ 6,000.00 $ 72.77 $ 7,277.00 173.00$ $ 17,300.00 75.00$ $ 7,500.00 3.2 18" REINFORCED CONCRETE PIPE (RCP)LF 100 130.00$ 13,000.00$ 115.00$ $ 11,500.00 77.00$ $ 7,700.00 78.00$ 7,800.00$ 155.00$ $ 15,500.00 68.00$ $ 6,800.00 $ 82.67 $ 8,267.00 180.00$ $ 18,000.00 80.00$ $ 8,000.00 3.2 24" REINFORCED CONCRETE PIPE (RCP)LF 100 140.00$ 14,000.00$ 135.00$ $ 13,500.00 79.00$ $ 7,900.00 88.00$ 8,800.00$ 160.00$ $ 16,000.00 73.00$ $ 7,300.00 $ 99.28 $ 9,928.00 189.00$ $ 18,900.00 82.00$ $ 8,200.00 3.2 30" REINFORCED CONCRETE PIPE (RCP)LF 75 210.00$ 15,750.00$ 155.00$ $ 11,625.00 100.00$ $ 7,500.00 115.00$ 8,625.00$ 165.00$ $ 12,375.00 101.00$ $ 7,575.00 $ 119.00 $ 8,925.00 240.00$ $ 18,000.00 95.00$ $ 7,125.00 3.2 36" REINFORCED CONCRETE PIPE (RCP)LF 75 195.00$ 14,625.00$ 200.00$ $ 15,000.00 120.00$ $ 9,000.00 132.00$ 9,900.00$ 200.00$ $ 15,000.00 117.00$ $ 8,775.00 $ 142.27 $ 10,670.25 256.00$ $ 19,200.00 107.00$ $ 8,025.00 3.2 42" REINFORCED CONCRETE PIPE (RCP)LF 75 315.00$ 23,625.00$ 270.00$ $ 20,250.00 140.00$ $ 10,500.00 165.00$ 12,375.00$ 250.00$ $ 18,750.00 138.00$ $ 10,350.00 $ 183.59 $ 13,769.25 275.00$ $ 20,625.00 120.00$ $ 9,000.00 3.20 48" REINFORCED CONCRETE PIPE (RCP)LF 75 335.00$ 25,125.00$ 345.00$ $ 25,875.00 170.00$ $ 12,750.00 180.00$ 13,500.00$ 350.00$ $ 26,250.00 148.00$ $ 11,100.00 $ 239.79 $ 17,984.25 315.00$ $ 23,625.00 135.00$ $ 10,125.00 3.2 CITY STANDARD CURB INLET (S.D. A-9)EA 4 5,620.00$ 22,480.00$ 6,500.00$ $ 26,000.00 6,000.00$ $ 24,000.00 6,500.00$ 26,000.00$ 8,300.00$ $ 33,200.00 4,503.00$ $ 18,012.00 $ 6,651.00 $ 26,604.00 6,090.00$ $ 24,360.00 5,350.00$ $ 21,400.00 KEYSTONE EXCAVATORS, INC. 371 SCARLET BLVD. OLDSMAR, FL 34677 MTM CONTRACTORS, INC. 6550 53RD ST. N. PINELLAS PARK, FL 33781 STEVE'S EXCAVATING & PAVING, INC. P.O. BOX 303 DUNEDIN, FL 34697 2014 ANNUAL STORMWATER IMPROVEMENTS #14-0004-EN BID OPENING - THURSDAY, JUNE 19, 2014 AWARD - THURSDAY, JULY 17, 2014 1.0 MOBILIZATION AND SITE PREPARATION 2.0 EARTHWORK 3.0 DRAINAGE KAMMINGA & ROODVOETS, INC. 5219 CONE ROAD TAMPA, FL 33610 KIMMINS CONTRACTING, CORP. 1501 E. 2nd AVENUE TAMPA, FL 33605 Earthwork Subtotal AJAX PAVING INDUSTRIES OF FLORIDA 510 GENE GREEN RD NOKOMIS, FL 34275 DAVID NELSON CONSTRUCTION 3483 ALTERNATE 19 PALM HARBOR, FL 34683 Mobilization and Site Prep Subtotal ALL AMERICAN CONCRETE, INC. 8770 SOMERSET DR. LARGO, FL 33773 CASTCO CONSTRUCTION, INC. 9001 126th AVENUE NORTH LARGO, FL 33773 Page 1 BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT KEYSTONE EXCAVATORS, INC. 371 SCARLET BLVD. OLDSMAR, FL 34677 MTM CONTRACTORS, INC. 6550 53RD ST. N. PINELLAS PARK, FL 33781 STEVE'S EXCAVATING & PAVING, INC. P.O. BOX 303 DUNEDIN, FL 34697 2014 ANNUAL STORMWATER IMPROVEMENTS #14-0004-EN BID OPENING - THURSDAY, JUNE 19, 2014 AWARD - THURSDAY, JULY 17, 2014 KAMMINGA & ROODVOETS, INC. 5219 CONE ROAD TAMPA, FL 33610 KIMMINS CONTRACTING, CORP. 1501 E. 2nd AVENUE TAMPA, FL 33605 AJAX PAVING INDUSTRIES OF FLORIDA 510 GENE GREEN RD NOKOMIS, FL 34275 DAVID NELSON CONSTRUCTION 3483 ALTERNATE 19 PALM HARBOR, FL 34683 ALL AMERICAN CONCRETE, INC. 8770 SOMERSET DR. LARGO, FL 33773 CASTCO CONSTRUCTION, INC. 9001 126th AVENUE NORTH LARGO, FL 33773 3.2 FDOT TYPE J-7T M.H. (5X5)EA 2 4,720.00$ 9,440.00$ 6,600.00$ $ 13,200.00 5,000.00$ $ 10,000.00 5,600.00$ 11,200.00$ 5,000.00$ $ 10,000.00 4,160.00$ $ 8,320.00 $ 6,144.45 $ 12,288.90 5,990.00$ $ 11,980.00 4,190.00$ $ 8,380.00 3.2 FDOT TYPE J-7T M.H. (6X6)EA 2 6,780.00$ 13,560.00$ 8,600.00$ $ 17,200.00 6,500.00$ $ 13,000.00 6,200.00$ 12,400.00$ 6,100.00$ $ 12,200.00 4,765.00$ $ 9,530.00 $ 6,205.00 $ 12,410.00 6,807.00$ $ 13,614.00 5,110.00$ $ 10,220.00 3.2 FDOT TYPE J-7T M.H. (6X7)EA 1 7,320.00$ 7,320.00$ 10,000.00$ $ 10,000.00 6,500.00$ $ 6,500.00 9,000.00$ 9,000.00$ 8,500.00$ $ 8,500.00 5,497.00$ $ 5,497.00 $ 6,160.32 $ 6,160.32 7,059.00$ $ 7,059.00 6,180.00$ $ 6,180.00 3.3 FDOT TYPE "F" D.B.I.EA 2 5,690.00$ 11,380.00$ 6,250.00$ $ 12,500.00 5,300.00$ $ 10,600.00 3,500.00$ 7,000.00$ 4,000.00$ $ 8,000.00 4,375.00$ $ 8,750.00 $ 4,711.56 $ 9,423.12 6,125.00$ $ 12,250.00 3,505.00$ $ 7,010.00 3.3 FDOT TYPE "C" D.B.I.EA 2 2,290.00$ 4,580.00$ 4,600.00$ $ 9,200.00 5,000.00$ $ 10,000.00 3,400.00$ 6,800.00$ 3,500.00$ $ 7,000.00 2,947.00$ $ 5,894.00 $ 5,236.55 $ 10,473.10 5,530.00$ $ 11,060.00 2,970.00$ $ 5,940.00 3.3 UNDERDRAIN REMOVAL AND REPLACEMENT (6" AND 8")LF 800 54.00$ 43,200.00$ 55.00$ $ 44,000.00 41.00$ $ 32,800.00 40.00$ 32,000.00$ 45.00$ $ 36,000.00 30.00$ $ 24,000.00 $ 37.13 $ 29,704.00 75.00$ $ 60,000.00 52.00$ $ 41,600.00 3.3 SANITARY CONFLICT CONTIGENCY LS 1 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 3.3 WATERMAIN CONFLICT CONTIGENCY LS 1 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 553,945.00$ 585,900.00$ 476,200.00$ 446,600.00$ 594,425.00$ 352,704.00$ 489,846.33$ 697,091.00$ 389,550.00$ 4.1 8" ROADWAY BASE (LBR 100)SY 2,500 55.00$ 137,500.00$ 25.00$ $ 62,500.00 32.00$ $ 80,000.00 19.00$ 47,500.00$ 26.00$ $ 65,000.00 21.00$ $ 52,500.00 $ 19.61 $ 49,025.00 25.00$ $ 62,500.00 16.95$ $ 42,375.00 4.2 12" STABILIZED SUBGRADE (LBR 40)SY 2,500 18.00$ 45,000.00$ 16.00$ $ 40,000.00 15.00$ $ 37,500.00 12.00$ 30,000.00$ 10.00$ $ 25,000.00 10.00$ $ 25,000.00 $ 16.42 $ 41,050.00 7.00$ $ 17,500.00 9.90$ $ 24,750.00 4.3 STRAIGHT CURB LF 1,000 41.00$ 41,000.00$ 35.00$ $ 35,000.00 35.00$ $ 35,000.00 26.00$ 26,000.00$ 20.00$ $ 20,000.00 21.00$ $ 21,000.00 $ 65.75 $ 65,750.00 25.00$ $ 25,000.00 23.00$ $ 23,000.00 4.4 HEADER CURB LF 1,000 34.00$ 34,000.00$ 35.00$ $ 35,000.00 27.00$ $ 27,000.00 26.00$ 26,000.00$ 20.00$ $ 20,000.00 18.00$ $ 18,000.00 $ 66.01 $ 66,010.00 25.00$ $ 25,000.00 23.00$ $ 23,000.00 4.5 CITY MODIFIED CURB LF 1,000 37.00$ 37,000.00$ 35.00$ $ 35,000.00 30.00$ $ 30,000.00 25.00$ 25,000.00$ 20.00$ $ 20,000.00 22.00$ $ 22,000.00 $ 66.56 $ 66,560.00 25.00$ $ 25,000.00 23.00$ $ 23,000.00 4.6 CITY TYPE I CURB LF 1,000 42.00$ 42,000.00$ 35.00$ $ 35,000.00 27.00$ $ 27,000.00 27.00$ 27,000.00$ 30.00$ $ 30,000.00 22.00$ $ 22,000.00 $ 75.36 $ 75,360.00 29.00$ $ 29,000.00 23.00$ $ 23,000.00 4.7 VALLEY GUTTER CURB LF 500 53.00$ 26,500.00$ 35.00$ $ 17,500.00 50.00$ $ 25,000.00 43.00$ 21,500.00$ 35.00$ $ 17,500.00 31.00$ $ 15,500.00 $ 75.36 $ 37,680.00 29.00$ $ 14,500.00 26.00$ $ 13,000.00 4.8 4" CONCRETE SIDEWALK SF 7,500 7.00$ 52,500.00$ 7.00$ $ 52,500.00 5.00$ $ 37,500.00 4.50$ 33,750.00$ 5.00$ $ 37,500.00 6.00$ $ 45,000.00 $ 6.20 $ 46,500.00 4.00$ $ 30,000.00 4.75$ $ 35,625.00 4.9 CONCRETE DRIVEWAY RESTORATION SF 2,000 8.00$ 16,000.00$ 7.50$ $ 15,000.00 7.00$ $ 14,000.00 8.00$ 16,000.00$ 6.00$ $ 12,000.00 7.00$ $ 14,000.00 $ 11.13 $ 22,260.00 6.00$ $ 12,000.00 5.55$ $ 11,100.00 4.10 PEDESTRIAN RAMPS WITH DETECTABLE WARNING SURFACE EA 10 1,330.00$ 13,300.00$ 1,500.00$ $ 15,000.00 1,400.00$ $ 14,000.00 950.00$ 9,500.00$ 1,600.00$ $ 16,000.00 950.00$ $ 9,500.00 $ 750.00 $ 7,500.00 1,495.00$ $ 14,950.00 1,530.00$ $ 15,300.00 MILLING/PAVING WIDTH ≤ 5’ 4.1 MILLING (UP TO 2")SY 2,500 6.00$ 15,000.00$ 9.00$ $ 22,500.00 9.00$ $ 22,500.00 12.80$ 32,000.00$ 2.00$ $ 5,000.00 5.00$ $ 12,500.00 $ 72.00 $ 180,000.00 5.00$ $ 12,500.00 4.35$ $ 10,875.00 4.1 TYPE S-1 ASPHALT OVERLAY TN 50 375.00$ 18,750.00$ 300.00$ $ 15,000.00 184.00$ $ 9,200.00 275.00$ 13,750.00$ 100.00$ $ 5,000.00 184.00$ $ 9,200.00 $ 410.00 $ 20,500.00 195.00$ $ 9,750.00 275.00$ $ 13,750.00 4.1 TYPE S-III ASPHALT OVERLAY TN 50 350.00$ 17,500.00$ 315.00$ $ 15,750.00 184.00$ $ 9,200.00 275.00$ 13,750.00$ 100.00$ $ 5,000.00 184.00$ $ 9,200.00 $ 457.56 $ 22,878.00 195.00$ $ 9,750.00 275.00$ $ 13,750.00 MILLING/PAVING WIDTH >5’ 4.1 MILLING (UP TO 2")SY 10,000 6.00$ 60,000.00$ 7.00$ $ 70,000.00 9.00$ $ 90,000.00 6.00$ 60,000.00$ 1.35$ $ 13,500.00 4.50$ $ 45,000.00 $ 49.85 $ 498,500.00 4.75$ $ 47,500.00 3.60$ $ 36,000.00 4.2 TYPE S-1 ASPHALT OVERLAY TN 200 350.00$ 70,000.00$ 300.00$ $ 60,000.00 184.00$ $ 36,800.00 235.00$ 47,000.00$ 100.00$ $ 20,000.00 140.00$ $ 28,000.00 $ 446.69 $ 89,338.00 195.00$ $ 39,000.00 160.00$ $ 32,000.00 4.2 TYPE S-III ASPHALT OVERLAY TN 200 350.00$ 70,000.00$ 305.00$ $ 61,000.00 184.00$ $ 36,800.00 235.00$ 47,000.00$ 100.00$ $ 20,000.00 140.00$ $ 28,000.00 $ 410.00 $ 82,000.00 195.00$ $ 39,000.00 160.00$ $ 32,000.00 696,050.00$ 586,750.00$ 531,500.00$ 475,750.00$ 331,500.00$ 376,400.00$ 1,370,911.00$ 412,950.00$ 372,525.00$ 5.1 TREE REMOVAL (0” DIAMETER–12” DIAMETER)EA 10 495.00$ 4,950.00$ 625.00$ $ 6,250.00 244.00$ $ 2,440.00 650.00$ 6,500.00$ 800.00$ $ 8,000.00 525.00$ $ 5,250.00 $ 239.24 $ 2,392.40 595.00$ $ 5,950.00 800.00$ $ 8,000.00 5.2 TREE REMOVAL (13” DIAMETER–24” DIAMETER)EA 6 940.00$ 5,640.00$ 1,000.00$ $ 6,000.00 1,200.00$ $ 7,200.00 1,350.00$ 8,100.00$ 2,900.00$ $ 17,400.00 950.00$ $ 5,700.00 $ 1,142.64 $ 6,855.84 1,295.00$ $ 7,770.00 1,170.00$ $ 7,020.00 5.3 TREE REMOVAL (25” DIAMETER–48” DIAMETER)EA 3 2,540.00$ 7,620.00$ 2,800.00$ $ 8,400.00 1,832.00$ $ 5,496.00 2,425.00$ 7,275.00$ 4,000.00$ $ 12,000.00 1,675.00$ $ 5,025.00 $ 2,404.36 $ 7,213.08 2,595.00$ $ 7,785.00 1,370.00$ $ 4,110.00 5.4 TREE REMOVAL (GREATER THAN 42” DIAMETER)EA 1 5,520.00$ 5,520.00$ 4,900.00$ $ 4,900.00 3,120.00$ $ 3,120.00 3,750.00$ 3,750.00$ 5,000.00$ $ 5,000.00 3,811.00$ $ 3,811.00 $ 3,205.07 $ 3,205.07 4,995.00$ $ 4,995.00 2,000.00$ $ 2,000.00 5.5 TREE BARRICADE LF 1,500 8.00$ 12,000.00$ 4.00$ $ 6,000.00 5.00$ $ 7,500.00 4.50$ 6,750.00$ 3.00$ $ 4,500.00 3.00$ $ 4,500.00 $ 6.74 $ 10,110.00 5.00$ $ 7,500.00 3.95$ $ 5,925.00 5.6 SOD RESOTRATION (IN KIND)SF 20,000 0.85$ 17,000.00$ 1.00$ $ 20,000.00 1.00$ $ 20,000.00 1.35$ 27,000.00$ 3.00$ $ 60,000.00 0.70$ $ 14,000.00 $ 6.74 $ 134,800.00 0.75$ $ 15,000.00 1.25$ $ 25,000.00 5.7 ROOT PRUNING LF 2,500 17.00$ 42,500.00$ 15.00$ $ 37,500.00 5.00$ $ 12,500.00 7.00$ 17,500.00$ 2.50$ $ 6,250.00 6.00$ $ 15,000.00 $ 9.43 $ 23,575.00 45.00$ $ 112,500.00 4.85$ $ 12,125.00 95,230.00$ 89,050.00$ 58,256.00$ 76,875.00$ 113,150.00$ 53,286.00$ 188,151.39$ 161,500.00$ 64,180.00$ 1,666,075.00$ 1,617,075.00$ 1,313,506.00$ 1,288,025.00$ 1,441,425.00$ 1,040,290.00$ 2,443,563.87$ 1,542,031.00$ 1,150,355.00$ 6.0 10% Contingency 1 LS 166,607.50$ 161,707.50$ 131,350.60$ 128,802.50$ 144,142.50$ 104,029.00$ 244,356.39$ 154,203.10$ 115,035.50$ 1,832,682.50$ 1,778,782.50$ 1,444,856.60$ 1,416,827.50$ 1,585,567.50$ 1,144,319.00$ 2,687,920.26$ 1,696,234.10$ 1,265,390.50$ Cells shaded in peach denote mathemtical corrections. Bidder’s Grand Total= Landscaping and Restoration Subtotal Paving and Marking Subtotal 4.0 PAVING AND MARKING 5.0 LANDSCAPING AND RESTORATION SUBTOTAL Drainage Subtotal Page 2 SectionV.docx Page i 3/25/2014 SECTION V CONTRACT DOCUMENTS Table of Contents: CONTRACT BOND ................................................................................................................................. 1 CONTRACT .............................................................................................................................................. 3 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT ................................................................. 7 PROPOSAL BOND .................................................................................................................................. 8 AFFIDAVIT .............................................................................................................................................. 9 NON COLLUSION AFFIDAVIT ......................................................................................................... 10 PROPOSAL ............................................................................................................................................. 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14 BIDDER’S PROPOSAL ......................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ..................................................................................................................... 18 SectionV.docx Page 1 of 18 3/25/2014 BOND NUMBER: ____________________ CONTRACT BOND (1) STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we KEYSTONE EXCAVATORS, INC. as Contractor and _____________________________________________________________ (Surety) whose home address is ____________________________________________________ HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum not to exceed: One Million, One Hundred Forty-Four Thousand, Three Hundred Nineteen Dollars ($1,144,319.00) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ______________day of ___________________, 20___, entered into between the Contractor and the City of Clearwater for: 2014 ANNUAL STORMWATER IMPROVEMENTS PROJECT #14-0004-EN a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made i n said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. SectionV.docx Page 2 of 18 3/25/2014 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. KEYSTONE EXCAVATORS, INC. (CONTRACTOR) By: _____________________________ Print Name: _______________________ Title: ____________________________ ATTEST: _________________________________ Print Name: _______________________ _________________________________ SURETY WITNESS: By: _____________________________ ATTORNEY-IN-FACT _________________________________ Print Name: _______________________ Print Name: _______________________ COUNTERSIGNED: _________________________________ Print Name: _________________________ SectionV.docx Page 3 of 18 3/25/2014 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 2014 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Keystone Excavators, Inc., of the City of Oldsmar, County of Pinellas, and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: 2014 ANNUAL STORMWATER IMPROVEMENTS (PROJECT #14-0004-EN) in the amount, not to exceed, of: $1,144,319.00 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. SectionV.docx Page 4 of 18 3/25/2014 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attache d hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SectionV.docx Page 5 of 18 3/25/2014 CONTRACT (3) The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statu tes (2013), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the City of Clearwater. SectionV.docx Page 6 of 18 3/25/2014 CONTRACT (4) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: ________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: ____________________________________ Rosemarie Call City Clerk By: ________________________________ Approved as to form: George N. Cretekos, Mayor ____________________________________ Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) KEYSTONE EXCAVATORS, INC. (Contractor) By: _________________________ (SEAL) Print Name: _________________________ Title: ____________________________ (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). SectionV.docx Page 7 of 18 3/25/2014 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF FLORIDA COUNTY OF PINELLAS On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, _________________________________, who after being duly sworn, deposes and says: That he is the ________________________________________________________________ (TITLE) of KEYSTONE EXCAVATORS, INC., a Florida Corporation, with its principal place of business located at 371 Scarlet Blvd., Oldsmar, FL, 34677 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the ______ day of __________________, 20___ with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: 2014 ANNUAL STORMWATER IMPROVEMENTS (PROJECT #14-0004-EN) That said work has now been completed and the Contractor has paid and discharged all sub -contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of ___________________________ (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from an y claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me ____________________________________ AFFIANT This _____day of ____________, 20___. BY: ______________________________ _________________________________ NOTARY PUBLIC _________________________________ My Commission Expires: PRESIDENT Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-257 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Award a contract (purchase order) to Fisher Scientific, Atlanta, Georgia, in an amount not to exceed $575,126.21 for the purchase of self-contained breathing apparatus (SCBA) repair parts and air bottles, purchase of thermal imaging cameras and parts, personal protective equipment (PPE), and department operational supplies in accordance with Sec. 2.564(b), Code of Ordinances - Sole source for City standardized equipment, and authorize the appropriate officials to execute same. (consent) SUMMARY: The approved Fiscal Year 2013 and 2014 budgets included funding in three capital improvement projects (CIP) and in the department’s operating budget for the purchase of SCBA replacement and upgrades, thermal imaging cameras and parts, and PPE. CIP project 91229, Replace and Upgrade Air packs, provides for the replacement and upgrade of breathing apparatus needed for worn or damaged front line units used by firefighters. The project will provide for the purchase of self-contained breathing apparatus (SCBA) repair parts and air bottles that have been approved through the National Institute for Occupational Safety and Health (NIOSH) and CDC. CIP project 91260, Thermal Imaging Cameras (TIC), provides funding for the replacement or repair of this equipment. The cameras enhance safety on the fire grounds and are used in search and rescue, firefighting, and overhaul. CIP project 91261, Personal Protective Equipment provides funding for the purchase of replacement firefighting personal protective equipment/gear (PPE). The department currently issues protective gear to those employees that are employed in a firefighting capacity. This project is necessary to bring all fire/rescue personal gear up to the same level of protection per the National Fire Protection Association 1852 compliance and incorporates the new gear into a revolving replacement schedule. The recommended life expectancy of PPE is 4 to 5 years depending on use. This project will allow for a 4 to 5 year replacement plan and reduce the current cost of maintenance and repair of our current PPE. Funding will be partially reimbursed by Pinellas County, as the equipment will help serve any unincorporated resident of the Clearwater Fire District. APPROPRIATION CODE AND AMOUNT: 0-315-91229-550400-522-000-0000 $140,302.01 0-315-91260-550400-522-000-0000 $ 18,934.70 0-315-91261-547100-522-000-0000 $ 372,657.35 Page 1 City of Clearwater Printed on 7/16/2014 File Number: ID#14-257 0-010-01220-550400-522-000-0000 $ 43,232.15 USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-283 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Fire Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve the Third Amendment to the Contract for Purchase of Real Property by the City of Clearwater for property located at 1140 Brownell Street; and authorize the appropriate officials to execute same. (consent) SUMMARY: On November 20, 2013, City Council approved the Purchase Contract for the City’s purchase of real property located at 1140 Brownell Street. The property lies among city land holdings that are currently under construction for Fire Station 45. The proposed Amendment provides for a third extension to the Purchase Contract extending the closing date to no-later-than September 19, 2014. All three extensions were requested by the Seller as she has been unable to obtain an alternative residence. The Seller of 1140 Brownell is under contract to purchase a home and has been prepared to close on her acquisition for several weeks. The home is a recent foreclosure and is bank-owned. The bank, as seller of this property, has been the sole cause of this delay; they are taking steps to quiet title to the property and have not established a closing date. All other terms of the Purchase Contract remain unchanged. This extension will not cause any delay in construction of the new fire station which is expected to be complete in late August. The new fire station is not expected to be fully operational until mid-September. Page 1 City of Clearwater Printed on 7/16/2014 THIRD AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA This THIRD AMENDMENT (“Amendment”) to that certain CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER (“Agreement”), is made and entered into this _____ day of July, 2014, by and between HELEN D. MORGAN, (herein "Seller"), and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (herein "Buyer"), (collectively "Parties"). WITNESSETH: WHEREAS, on December 6, 2013, the Parties entered into that certain Contract for Purchase of Real Property by the City of Clearwater, Florida, in accordance with the terms as described therein; and WHEREAS, paragraph 9 of the Agreement stipulates a closing to occur no later than January 31, 2014, which may be extended up to 60 days (herein, Extension Period) if Seller is unable to find a suitable residence; and WHEREAS, on April 9, 2014, the parties amended the Agreement at Seller’s request, extending the Extension Period through May 16, 2014 to allow Seller additional time to find a suitable residence; and WHEREAS, on May 27, 2014, the parties entered into a Second Amendment to the Agreement at Seller’s request, extending the Extension Period through July 18, 2014 to allow Seller additional time to find a suitable residence; and WHEREAS, Seller has made all reasonable and diligent efforts to obtain a suitable residence within the Extension Period as amended, but circumstances have arisen which require additional time, and therefore Seller has requested, and Buyer agrees to grant, an extension of the Extension Period through September 19, 2014 which will require closing to occur on or before September 19, 2014. NOW THEREFORE, in consideration of the foregoing and the mutual covenants contained hereinafter, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by reference. 2. CLOSING DATE: This transaction shall close on or before September 19, 2014. Buyer agrees to make a good faith effort to close as soon as possible upon execution of this Amendment. 3. All terms and conditions of the Agreement shall remain in full force and effect unless expressly amended herein. The Remainder of This Page Intentionally Left Blank Page 2 of 2 EXECUTED this _____ day of July, 2014 by Seller HELEN D. MORGAN Attest: __________________________________ By: ______________________________ Helen D. Morgan __________________________________ Print Name __________________________________ __________________________________ Print Name APPROVED BY BUYER & EFFECTIVE this _____ day of July, 2014 THE CITY OF CLEARWATER, FLORIDA Countersigned: ________________________________ By: _______________________________ George N. Cretekos, Mayor William B. Horne II, City Manager Approved as to form: Attest: ________________________________ __________________________________ Paul Richard Hull Rosemarie Call Assistant City Attorney City Clerk FIRST AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA This FIRST AMENDMENT ( "Amendment ") to that certain CONTRACT FOR PURCHASE OF R L PROP 1'JBY THE CITY OF CLEARWATER ( "Agreement "), is made and entered into this 4 day of , 2014, by and between HELEN D. MORGAN, (herein "Seller"), and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (herein "Buyer"), (collectively Parties "). WITNESSETH: WHEREAS, on December 6, 2013, the Parties entered into that certain Contract for Purchase of Real Property by the City of Clearwater, Florida, in accordance with the terms as described therein; and WHEREAS, paragraph 9 of the Agreement stipulates a closing to occur no later than January 31, 2014, which may be extended up to 60 days (herein, Extension Period) if Seller is unable to find a suitable residence; and WHEREAS, on January 13, 2014, Seller provided written notice to Buyer stating that Seller would exercise Seller's right to extend closing for 60 days as provided; and WHEREAS, Seller has made all reasonable and diligent efforts to find a suitable residence within the Extension Period, but circumstances have arisen which require additional time, and therefore Seller has requested, and Buyer agrees to grant, an extension of the Extension Period through May 16, 2014 which will require closing to occur on or before May 16, 2014; and NOW THEREFORE, in consideration of the foregoing and the mutual covenants contained hereinafter, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by reference. 2. CLOSING DATE: This transaction shall close on or before May 16, 2014. Buyer agrees to make a good faith effort to close as soon as possible upon execution of this Amendment. 3. All terms and conditions of the Agreement shall remain in full force and effect unless expressly amended herein. The Remainder of This Page Intentionally Left Blank EXECUTED this 27 day of March, 2014 by Seller Attest: 03-2- 0, C)iPikr-‘<5 Print Name HELEN D. MORGAN By: h'4 M Helen D. Morgan 1 APPROVED BY BUYER & EFFECTIVE this qtk day of- , 2014 Countersigned: eteoCke 1\ Cr C\44 George N. Cretekos, Mayor Approved as to form: 4 Paul Richard ull Assistant City Attorney RE13- 1313 - 067/120827/1] Page 2 of 2 THE CITY OF CLEARWATER, FLORIDA By: t4) William B. Horne II, City Manager Attest: Vii, h Rosemarie CaII City Clerk 1140 Brownell COURT ST GOULD ST S MADISON AVE BROWNELL ST E W ING PL S MARTIN LUTHER KING, JR. AVE CHE STN UT S T S WASHINGTON AVE BROWNELL ST EXISTING ASSEMBLAGE FOR FIRE STATIO N 45 Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB CL N.T.S.287A 15-29n-15w10/10/201 3Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale : PROPOSED ACQUISITION OF 1140 BROWNELL ST FOR FIRE STATION 45 1140 Brownell Potential ROW Vacation COURT ST GOULD ST S MADISON AVE BROWNELL ST E W ING PL S MARTIN LUTHER KING, JR. AVE CHE STN U T S T S WA SHINGT ON AVE BROWNELL ST PROPOSED ASSEMBLAGE FOR F IRE STATION 45 WITH ACQUISITION OF 1140 BRO WNELL Docu ment Path : V:\GIS\Enginee ring\Location Maps\Prop Acqu. 114 0 Brownell_FS 45.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-256 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Public Communications Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Award a one-year contract to North Star Destination Strategies for a not to exceed amount of $100,000 for community branding services and authorize the appropriate officials to execute same. (consent) SUMMARY: As part of the 2014 Strategic Planning process, a need was identified to Develop and Promote Our Brand. Completing this task involves retaining an outside branding consultant to research and develop a new community identity. Clearwater has not had a consistent brand image in the past ten years and is now seeking to cross-functionally market Clearwater to drive business, relocation, tourism and general perception. The City currently has a fragmented perception and has different groups working in different directions. The City seeks to work together to create a seamless image amongst these organizations under one overall marketing plan. The final plan will also involve coordinating with city-related groups including the Chambers of Commerce, Economic Development, elected officials, staff and businesses. The City’s brand is what people say about Clearwater. That impression is a combination of emotional and intellectual reactions to all the different experiences, marketing communications and behaviors people have encountered on behalf of Clearwater. Branding is the process the City will embark upon to change, refine or improve what people say and think about Clearwater. APPROPRIATION CODE AND AMOUNT: Funds are available in the strategic direction action plan project 99860 to fund this project. Page 1 City of Clearwater Printed on 7/16/2014 RFQ27-14 for Community Branding I. Introduction The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of 108,000 residents. In addition to annual residents the City of Clearwater is also a major tourist destination. Recently Clearwater Beach was named “Florida’s Best Beach Town 2013” by USA Today and was on the “Top Ten List of Best Beaches from Maine to Hawaii”. The City of Clearwater also is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball and also hosts several events throughout the year that attract visitors from across the country. Clearwater is also home for Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story has made it all the way to Hollywood in the motion picture “Dolphin Tale” which was filmed here in Clearwater. “Dolphin Tale 2” just finished filming in Clearwater and is set to be released in the fall of 2014. The City of Clearwater is in the process of creating a marketing plan and developing a community brand. Clearwaterhas not had a consistent brand image in the past ten years and is now seeking to cross-functionally market Clearwaterto drive business, relocation, tourism and general perception. We currently have a fragmented perception and have different groups working in different directions. We seek to work together to create a seamless image amongst these organizations under one overall “umbrella” marketing plan. The City’s Public Communications Director will manage this process and the plans and implementation going forward. She will coordinatewith other city groups including the Chambersof Commerce, Economic Development,elected officials, staff and businesses. Our brand is what people say about uswhen we’re not around. That impression is a combination of emotional and intellectual reactions to all the different experiences, marketing communications and behaviors people have encountered onbehalfof Clearwater. Branding is the process we will embarkupon to change, refine or improve what people sayand thinkabout us. The City of Clearwater is soliciting consultants to assist the City in preparing a comprehensive branding initiative and a full marketing plan and is in need of a qualified consulting firm with experience in solid market research (both qualitative and quantitative), strategic planning, corporate identity/branding –including logo development and graphic standards, creative, collateral, interactive marketing, promotions and recommendations for implementation and tracking results. II. RFQGoals and Respondent Scopeof Work In total, the selected firm will: Conduct qualitative and quantitative research to determine how Clearwater, Fla. is perceived by stakeholders, residents, site selectors, businesses, visitors and prospective consumers. Evaluate the environment, competitive situation, community attitudes, current communications, and perceptions of target audiences and their influencers. Develop strategic positioning based on research to be used as a touch point for all marketing activities in the community moving forward. Develop messaging for community’s target markets. Develop a creative “look” to bring the strategic position to life. Recommend the specific necessary elements to deliver that message including logo design, print collateral, print advertising, digital media including website design, publicrelations, events, etc. Develop strategies and tactical plans to position the messaging statements based on qualitative research and analysis of quantitative data. Define how the core message can be expanded to existing economic development and visitor initiatives as well as broader regional partners and assets. Work within dictated time constraints and budget. III. Cost Theallotted budget for this project is not to exceed $100,000. IV. Proposal Details A) Request for Qualifications(RFQ) Release date: March 7, 2014 B) RFQOpening:Friday, April 7, 2014 at 4 p.m. at 100 S. Myrtle Ave., Clearwater, FL 33756 C) Evaluating Committee Review: April 18, 2014 D) Candidate presentations/interviews with Evaluating Committee (if deemed necessary): late April. E) Evaluating Committee recommendation of finalists:April 25, 2014 F) Negotiate agreement: May2014 G) City Council approval (Agenda Item): June2014 H) Commencement of Services: June2014 I) Contract Fulfillment: 12 months J) New Image Roll-out: June2015 V. Vendor Questions and Qualifications Response to this RFQ will require the consultant to provide sufficient information to determine that the consultant qualifies for performing such a project, including the following: A. Company legal name, any parent companies, and a list of ownership structure. B. Company details and contact information including: 1) Mailing address (head office) 2) Additional office locations 3) Main telephone / fax numbers and email addresses 4) Primary contact for our account (name/title/phone/email) 5) Resumes of all personnel assigned to this project 6) Total number of employees and also include total number of employees that would work on our account. C) Three references for community branding clients: company name, primary client name, contact details, and services provided. D) List any potential conflicts with existing clients and this RFQ. E)Examples of similar projects (completed within last 3 years). F) Timeline needed for implementation of each recommended phase of the project. VI. Selection Criteria The following criteria will be used to evaluate the qualifications of consultants: 1. Capability to perform the required services for the project. 20% 2. Recent experience in similar projects and proven success. 25% 3. Reputation, personal and professional integrity, andcompetency of firm. 15% 4. Demonstrated flexibility of the firm. 5% 5. Professional background, availability, and caliber of keypersonnel to be assigned to this project. 5% 6.Indication of current workload of key personnel to beassigned to this project. 5% 7. Capability to meet schedules or deadlines. 10% 8. Willingness to set fees on a project basis, versus aper-hour basis; competitive fee schedule. 15% VII. Proposal Submission Proposals shall be delivered to the City Purchasing Manager, City of Clearwater, 100 South Myrtle Avenue, Clearwater, FL 33756, prior to the opening time of Friday, April7th, 2014. Delivery of proposals to the City of Clearwater’s Purchasing Officeprior to the specified date and time is solely and strictly the responsibility of the Respondents. The City shall not, under any circumstances, be responsible for delays caused by the United States Postal Service or any private delivery service, or for delays caused by any other occurrence. All responses must be manually and duly signed by an authorized corporate officer, principal, or partner with the authority to bind said Respondent. All responses must be marked on the outside: “Request to Qualifications to Provide Community Wide Branding” RFQ 27-14 To the City of Clearwater: To be opened beginning at 4:00 p.m. E.S.T. April 7th 2014.” The Respondent is solely responsible for reading and completely understanding the requirements of his RFQ. The opening time shall be and must be scrupulously observed. Under no circumstances will qualification delivered after the specified delivery time be considered. Late submissions shall be returned unopened to the Respondent with the notation, “The qualifications were received after the delivery time designated for receipt and opening of the proposals.” The Respondent shall submit six (6) copies of their proposals in their entirety along with an electronic version sent to michael.murray@myclearwater.com All proposals shall be prepared and submitted in accordance with the provisions of this RFQ. However, the City may waive informalities, irregularities, or variances, whether technical or substantial in nature or reject any and all qualifications at its discretion. Any proposal may be withdrawn prior to the indicated time for opening of proposals or authorized postponement thereof. No Respondent may withdraw proposals within ninety (90) days after the actual date of the proposal’s opening. VIII. Inquiriesand Addenda Each Respondent shall examine the RFQdocument and shall judge all matters relating to the adequacy and accuracy of this document. Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information pertaining to the RFQshall be made in writing through the City of Clearwater’s Purchasing Department, care of Mike Murray at 100 S Myrtle Ave, Clearwater, FL 33756 727-562-4633 or FAX 727/562- 4535 or email Michael.murray@myclearwater.com. The City shall notbe responsible for oral interpretations given by any City employee, representative, or others. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda areissued to this RFQ, the City will attempt to notify all prospective Respondents who have secured same. However, it shall be the responsibility of each Respondent, prior to submitting the proposal, to contact the City of Clearwater’s Purchasing Manager (727/562-4634) to determine if addenda were issued and to make such addenda a part of the proposal. IX. Responder Preparation Expenses Each responder preparing a proposal in response to this request shall bear all expenses associated with their preparation. Responders shall prepare a response with the understanding that no claims for reimbursement shall be submitted to the City for the expense of preparation or presentation. X. Right to Protest Any actual or prospective bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of his/her complaints by contacting the Purchasing Manager. XI. No Corrections Once competitive proposal is submitted, the City shall not accept any request by any proposer to correct errors or omissions in any calculations or competitive price submitted. XII. Openness of Procurement Process Written competitive proposals, other submissions, correspondence, and all records made thereof, as well as negotiations conducted pursuant to this RFQ, shall be handled in compliance with Chapters 119 and 286 Florida Statutes. The City gives no assurance as to the confidentiality of any portion of any proposal once submitted. XIII. No Collussion By offering a submission to the RFQ, the proposer certifies the proposer has not divulged to, discussed or compared his/her competitive proposal with other proposers and has not colluded with any other proposers or parties to this competitive proposal whatsoever. XIV. Informality Waiver/Rejection of Proposals The City reserves the right to reject any or all responses and to waive any irregularity, variance or informality whether technical or substantial in nature, in keeping with the best interest of the City. XV. Appropriations Clause The City, as an entity of government, is subject to the appropriation of funds by the City Council in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year following the fiscal year in which this contract shall remain in effect. Upon notice that sufficient funds are not available in the subsequent fiscal years, the City shall thereafter be released of all terms and other conditions. XVIPUBLIC INFORMATION The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statues (2013), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the City of Clearwater. XVIIPUBLIC ENTITY CRIMES Pursuant to Florida Statute 287-132-133, effective July 1, 1989, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to Section 287.133 (3)(f), F.S. If you submit a proposal in response to this request, you are certifying that Florida Statute 287.132 and 287.133 does not restrict your submission. XVI. Evaluation Criteria & Ranking Process A.Evaluation of the proposals shall be accomplished using the criteria described above. Information and data included in the response shall be considered in the evaluation process. B. References may be contacted regarding the satisfaction of services rendered by the Respondent. References will be evaluated based on overall quality of work and successful experience. C. Negotiations Following the ranking of the proposals, the Committee shall designate the top ranked Respondent and enter into negotiations. The Committee shall notify the Respondent in writing. Negotiations shall begin immediately with the Respondent selected. If negotiations are successful, the Committee shall recommend the favorable Respondent to the City Council. Thereafter, the City Council may issue a notice of intent to enter into an agreement with the Respondent by certified mail. If the negotiations are unsuccessful, the Committee shall begin negotiations with the second ranked Respondent. The Committee reserves the right to terminate negotiations at any time, with or without cause. The Evaluation & Negotiation Committee reserves the right to negotiate whatever schedule is convenient to it and which is in the best interest of the City. D. Insurance, Safety & Contract Requirements Thesuccessful bidder will procure and maintain, at bidder’s expense, insurance coverage as contained in Exhibit A attached hereto and made a part hereof as if fully set forth herein, and will also comply with all supplemental provisions regarding insurance, indemnification, safety, etc. contained therein. EXHIBIT “A” CITYOF CLEARWATER INSURANCE REQUIREMENTS In addition to any other insurance required by the RFP, or bid documents, the Respondent shall at its own cost and expense, acquire and maintain (and cause any contractors and/or subcontractors to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Respondent’s deductible or self-insured retention and require that it be reduced or eliminated. Specifically the Respondent must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum of three (3) year tail following the termination or expiration of this Agreement: 1.Commercial General Liability Insurance coverage in the minimum amount of$1,000,000 per occurrence and $2,000,000 general aggregate. 2.Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 combined single limit. 3.Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 each employee each accident, $100,000 each employee by disease and $500,000 aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, and subcontractors, if any. 4.Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $1,000,000 per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with noless coverage and with reinstated aggregate limits, or by requiring that nay new policy provide a retroactive date no later than the inception date of claims made coverage. 5.If the Respondent is using its own property or the property of City in connectionwith the performance of its obligations under this Agreement, then Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. The above insurance limits maybe achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions: 1.The City is to be specifically included as an “Additional insured” on the Commercial Liability Insurance and Commercial Auto Liability, and names as a “Loss Payee” on Respondent’s Property Insurance Policy. 2.Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s), the Respondent will furnish the City with a Certificate of Insurance evidencing the coverage set forth above and naming the City as an “Additional Insured”. In addition when requested in writing from the City, Respondent will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Public Communications Department P.O. Box 4748 Clearwater, FL 33758-4748 3.Respondent shall provide thirty (30) days written notice of any cancellation, non- renewal, termination, material changed or reduction in coverage. Respondent’s insurance as outlined above shall be primary and non-contributory coverage for Respondent’s negligence. 4.Respondent shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly including legal fees, court costs, or other legal expenses. The stipulated limits of coverage above shall not be construed as a limitation of potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Respondent’s obligation to provide the insurance coverage specified. Page 1 of 6 PROFESSIONAL SERVICES CONTRACT THIS CONTRACT, entered into this Nineteenth day of June, 2014, by and between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as “City,” P.O. Box 4748, Clearwater, Florida 33758 and North Star Destination Strategies, Inc., a C corporation, hereinafter referred to as “North Star,” 209 Danyacrest Drive, Nashville, TN 37214. WHEREAS, the City requested professional services through Request for Proposals #27-14 seeking assistance from an experienced branding, marketing and public relations firm to develop a new community brand as a result of comprehensive research on Clearwater, Florida with an ultimate goal to redefine Clearwater as a community and tourist destination; and WHEREAS, North Star agrees, pursuant to the Scope of Work as contained in Exhibit “A” attached hereto, to conduct research, brand print definition, logo design, consultant services, and marketing activities; NOW THEREFORE, in consideration of the promises stated herein, the City and North Star mutually agree as follows: 1. SCOPE OF PROJECT. North Star agrees to provide professional services under the terms and conditions described in attached Exhibit “A.” 2. TIME OF PERFORMANCE. The term of this Agreement shall be for a period of one (1) years (“Initial Term”) commencing on July 1, 2014 (“Commencement Date”) and continuing through June 30, 2015 (“Termination Date”) unless earlier terminated under the terms of this agreement. This Agreement may be extended for one (1) year under the same terms and conditions by the mutual written agreement of both parties. In consideration of City entering into this Agreement with North Star, North Star covenants with City that North Star shall unequivocably, timely and without reservation, comply with the terms and conditions Page 2 of 6 and meet service level requirements as set out in EXHIBIT “A”. North Star’s failure to timely comply with any of the obligations hereunder during the term of this Agreement shall be deemed a material default resulting in termination of this Agreement. 3. COMPENSATION. The City will pay North Star a sum of up to $100,000 for implementation and administration of the Scope of W ork (as described in Exhibit A). Total compensation will not exceed $100,000 per fiscal year. Payment schedule is described in Exhibit B. The City may, from time to time, require changes in the scope of work of North Star to be performed hereunder. Such changes, including any increase or decrease in the amount of North Star’s compensation and changes in the terms of this Contract which are mutually agreed upon by and between City and North Star shall be effective when incorporated in written amendment to this Contract. 4. METHOD OF PAYMENT. North Star’s invoices shall be submitted to the City for approval for payment in 8 monthly installments of $12,500 each according to “Exhibit B”. The City agrees to pay after approval under the terms of the Florida Prompt Payment Act F.S. 218.70. 5. NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. Page 3 of 6 North Star Destination Strategies, Inc City of Clearwater Don McEachern Joelle Castelli President & CEO Public Communications Director 209 Danyacrest Drive, P.O. Box 4748 Nashville, TN 37214 Clearwater, Florida 33758 (615) 232-2103 x 26 (727) 562-4881 6. TERMINATION OF CONTRACT. The City at its sole discretion may terminate this Contract by giving North Star a ten (10) day written notice of its election to do so and by specifying the effective date of such termination. North Star shall be paid for its services through the effective date of such termination. Further, if North Star shall fail to fulfill any of its obligations hereunder, this Contract shall be in default, the City may terminate the Contract, and North Star shall be paid only for work completed. 7. INDEMNIFICATION AND INSURANCE. North Star, at its own expense, shall procure and maintain the following insurance: A. Commercial General Liability Insurance on an “occurrence” basis in an amount not less than $1,000,000 combined single-limit Bodily Injury Liability and Property Damage Liability, with media exclusions removed. The City of Clearwater shall be an additional insured on this policy. B. Workers’ Compensation Insurance applicable to its employees for statutory coverage limits, and Employers’ Liability with a $500,000 limit, which meets all applicable state and federal laws. The parties recognize that North Star is an independent contractor. North Star agrees to indemnify and hold harmless the City of, from, and against all liability and expense, including reasonable attorney's fees, in connection with any and all claims Page 4 of 6 whatsoever for personal injuries or property damage caused by the negligent or deliberate act or omission of North Star, its agents, officers, subcontractors, employees, and independent contractors. 8. PROPRIETARY MATERIALS. Upon termination of this Contract, North Star shall transfer, assign and make available to City or its representatives all property and materials in North Star’s possession belonging to or paid for by the City. 9. STOCK PHOTOGRAPHY & TRADEMARKING Upon termination of this Agreement, North Star shall transfer, assign and make available to the Client, or its representatives, all property and materials in its possession or control belonging to the Client and paid for by the Client. In the event that the material, which is the subject of this Agreement, is copyrightable subject matter, North Star and Client agree that for the purposes of this order the material shall be a work made for hire and the property of the Client. In the event that the material which is the subject of this Agreement is not copyrightable subject matter, or for any reason is determined not to be a work made for hire, then and in such event North Star hereby assigns all right, title and interest to said material to Client for the fees specified herein. Concepts, logos and straplines not selected by the Client remain the intellectual property of North Star. This Agreement may be modified only upon the written and mutual consent of both parties. This Agreement and the documents referenced herein embody the entire Agreement of the parties. This Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties. This procurement is being conducted on behalf of and may be used by other public bodies, agencies, institutions and localities of the several states, territories of the United States and the District of Columbia with the consent of the Contractor. Page 5 of 6 Stock photography used for the demonstration of creative concepts is not to be reproduced or published in any way without first negotiating usage rights with the appropriate stock image provider. To ensure that the recommended strapline (tagline) is available for use and capable of being trademarked, North Star will conduct a trademark registration search with the United States Patent and Trademark Office via their web site: http://www.uspto.gov/main/trademarks.htm. North Star will report any records found relating to the strapline. The pursuit of an official, legally-binding trademark is the responsibility of the Client. 10. INTERESTS OF PARTIES. North Star covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance and/or provision of services required under the terms and conditions of this Contract. 11. CONFORMANCE WITH LAWS. North Star agrees to comply with all applicable federal, state and local laws during the life of this Contract. 12. ATTORNEY FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 13. GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. Page 6 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. CITY OF CLEARWATER, FLORIDA Countersigned: _______________________ By: ________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: _______________________ ____________________________ Pam Akin Rosemarie Call City Attorney City Clerk North Star Destination Strategies Attest: __________________________ By: ________________________ Print Name: ________________ Don McEachern President & CEO 5CLEARWATER BRANDPRINT SCOPE OF WORK 1. EDUCATION AND BUY-IN Helping stakeholders understand branding One of the most valuable skills North Star brings to the branding table is an understanding of how best to navigate the political waters that surround such a project. This “intangible” benefit is strictly a result of experience. We know when projects can derail, how to maneuver difficult political situations and who to include in the process. With this in mind we have developed strategies for sidestepping potential problems and keeping your branding initiative on course. North Star also provides tactics for the use of a brand as a pivotal rallying point to help forge win-win partnerships between the public and private sector. Such partnerships can help fund the brand initially and eventually fund its integration into the community. In addition, working toward the common goal of the brand inspires non-siloed teamwork within the public sector that results in more effective use of limited resources. Early understanding is also critical to the smooth implementation of a community brand. Educating your citizens, businesses and stakeholders on the purpose, process and possibility of a brand early is the first step in achieving buy-in from these important audiences. North Star has created an array of educational tools designed to elicit understanding of and support for the Clearwater branding initiative. Educational Presentation: Live PowerPoint presentation (during the in-market trip) to private and public sector stakeholder groups (determined and assembled by client) for purposes of educating and furthering buy-in of community branding. Press Release: General discussion on what a brand is and does. Highlight need for the public’s help during the process. Educational PowerPoint: Community branding PowerPoint presentation given to client for use in making additional presentations, for distribution to interested parties or for placement on community websites. Educational Brochure: For distribution to general public if needed: • North Star will work with Clearwater to write and lay out the brochure to the point of a print-ready file. • Clearwater is responsible for providing information for customized writing and printing. 6CLEARWATER BRANDPRINT SCOPE OF WORK 2. RESEARCH AND PLANNING What are current brand perceptions? This stage addresses the current positioning of the community; in other words, how Clearwater is perceived by visitors, stakeholders, residents, businesses and prospective visitors. We evaluate the environment, the competitive situation, community attitudes, current communications and perceptions of target audiences and their influencers. North Star strongly advocates a mixed method approach to research where quantitative studies tell you “What” and qualitative studies tell you “Why”. Only through mixed methodology can your destination obtain a true picture of where your brand is now, why, where it should be and how that preferred identity can best be accomplished. COMMUNITY Situation Analysis: Questionnaire and meeting with stakeholder groups to understand your primary objectives, general history, political landscape, resources, competitors, etc. Research and Planning Audit: Comprehensive review of research and planning documents. Communication and Media Audit: Review of existing marketing materials from public and private sector stakeholders as well as recent press related to Clearwater. Familiarization Tour: Tour of commercial sites, business and technology parks, housing developments, downtown, retailers, restaurants, outdoor recreation areas, parks, the arts, etc. Key Stakeholder Interviews (20): One-on-one interviews with key stakeholders to gather perceptions. Stakeholder Focus Group (2): An in-depth group discussion with the individuals responsible for driving the branding initiative. Vision Survey (200 Distributed): An open-ended questionnaire distributed to the community leaders of Clearwater. Online Community Survey (Unlimited Respondents): A quantitative version of the Vision Survey posted online for community-wide participation and promoted using social media. Brand Barometer: A tool to measure the strength of Clearwater’s reputation relative to the rest of the United States as a place to live, work and play. Undercover Interviews (15-20): Informal discussions with residents, local merchants and visitors. Tapestry® Resident vs. Consumer Profile: A detailed market segmentation report created with ESRI’s Arcview, Tapestry and Business Analyst software - including U.S. Census Bureau data and consumer buying behavior data from mediamark Research Intelligence (mRI). • Who Report: Resident socio-economic classifications. • What Report: Profile of resident lifestyle habits such as media usage, travel behavior, household buying preferences, recreational interests, civic involvement, dining choices, retail preferences and lodging tendencies. 7CLEARWATER BRANDPRINT SCOPE OF WORK CONSUMERS Consumer Mapping: Origin information from existing databases (inquiries, lodging properties, attractions, etc.) Online Brand Monitoring: Review of your online reputation that measures quantity and quality of Clearwater’s online ‘‘mentions’’ , plus the current topics of discussion and keywords surrounding Clearwater. Will be used to guide brand action for purposes of online marketing strategy suggestion and product development. Top Business Prospects: A proprietary program that identifies a list of top business prospects using the combination of a psychographic workforce profile and current successful industries in Clearwater. It then determines complementary businesses within a predetermined mile radius. This data will also be applied nationwide to cities that have a similar population size and workforce to pinpoint areas of opportunity for Clearwater. Will be used to guide brand action for purposes of economic development. Tapestry® Consumer Profile: Detailed psychographic report describing consumers to Clearwater using merchant, visitor records or a regional profile. • Who Report: Consumer demographic and socio-economic classifications; this report also compares your consumers to the profiles of your community. In other words, are your residents like or unlike your visitors? • What Report: Profile of consumer lifestyle and media habits such as media usage, household buying preferences, recreational interests, civic involvement, dining choices, retail preferences, lodging tendencies, travel behavior and more. • Where Report: Grid showing relative comparisons of feeder markets based on the highest concentration of core consumers. Qualitative Perception Study (20-30): Telephone interviews to gather insights from influencers to include, but not limited to: economic development prospects, site selectors, relocation executives, meeting planners, group tour operators and regional and state-level economic development and tourism executives. Quantitative Perception Study (200+ Completes): Survey conducted using a statistically significant random sampling of consumers and non-consumers in outside markets. Data will be cross-tabulated in a number of ways to reveal the most insightful patterns between consumer and non-consumer groups. For instance, perceptions and attitudes for those who have visited Clearwater will be compared and contrasted to those who have not visited and are reporting perceptions purely on reputation. Consumer and Non-Consumer Awareness and Perception Study: Survey conducted using a random sampling of consumers; specifically, the survey measures: o Overall awareness and perceptions of Clearwater. o Overall awareness and perceptions of the competition. o Consumer visitation patterns to Clearwater. o Attitudes regarding Clearwater’s strengths and weaknesses. o Consumer opinions regarding what needs to be added or taken away. o Changes in consumer perceptions of Clearwater after visiting. o Patterns of visitation activities associated with consumer’s primary purpose of visitation. 8CLEARWATER BRANDPRINT SCOPE OF WORK COMPETITION Competitive Positioning Review: A brand message assessment to evaluate Clearwater’s position relative to the competition. Competitive Perception Review: During every phase and study of the research process we look for opportunities to learn more about Clearwater’s top competitors, including internal and external awareness and perceptions of their strengths and weaknesses. All findings are combined in a competitive review that paints a succinct picture of the competition. Specifically, the vision survey, online community survey, quantitative perception study, focus groups, stakeholder interviews, undercover interviews and the qualitative perception study inform the competitive perception review. Should time allow, North Star will also include a site visit to nearby competitors. 9CLEARWATER BRANDPRINT SCOPE OF WORK 3. INSIGHTS Where is the heart of your brand? The goals for this initiative may involve a number of elements: cohesive community identity and consistent marketing efforts, collective community conscience, uncovering community uniqueness, developing a community presentation to economic development prospects, highest use of available resources, resident recruitment/retention and gross receipts. Branding influences these goals by influencing expectations and affecting attitudes, thus affecting behavior and usage. The most successful brands establish an emotional – not simply an intellectual – connection. Our insights come from asking a number of thought-provoking questions: What brand ‘‘story’’ does the research tell? What emotional attachments can the brand hold? What are Clearwater’s core values? How does the brand fit into the consumer’s lifestyle? How can the brand best be used to elicit Clearwater’s desired emotional/behavioral responses? How can this brand strategy extend to all Clearwater’s partner organizations? It is from these insights that we determine the overall positioning of the brand. These insight questions are compiled in a succinct storyline that leads directly to Clearwater’s strategic brand platform (positioning statement). This platform is the critical touch point for all branded activity moving forward. For maximum brand impact, all efforts, thoughts, communications and actions should literally and symbolically support its essence. Situation Brief: Review of all research findings. Blue Sky Meeting: Internal session for developing insights based on significant research patterns and findings. “Understanding and Insights” Presentation: Comprehensive review of all relevant research and recommended strategic direction. Brand Platform Statement Development: The guiding statement for the management and development of your brand including: Target audience: Consumers for whom community has the most appeal. Frame of reference: Geographic context of the community. Point of difference: What makes your community special. Benefit: Why it should matter to the consumer. NOTE: Here we conduct a meeting to present all of the research findings as well as our recommended brand positioning based on those findings. Brand Platform approval is required before proceeding. 10CLEARWATER BRANDPRINT SCOPE OF WORK 4. CREATIVITY How should your brand look, feel and sound? In this stage, all the data and high-level strategies are transformed into tangible creative products that embody your brand. Straplines and logos (with graphic standards) are created. Foundation creative recommendations and looks are created, including targeted marketing messages and advertising, digital design and content recommendations (web portal, social media), collateral materials, stationery and a color palette. Additional deliverables may also be developed, including environmental applications, signage, promotional items, economic development prospecting packages and more. Written Creative Concepts: North Star will provide three different written concepts for bringing your brand platform to life creatively. Also included is a round of revisions to the selected concept. Logos & Graphic Identity Looks: At least five different logo options and two distinct looks with a round of revisions to the selected option. This collaborative process results in a unique and memorable visual identity for your brand. In a word, how will your community’s brand look? Note: There is critical collaboration that takes place at this point with a small select group of marketing stakeholders to address the written creative concepts and the development of the foundational graphic identity. North Star then provides solutions for the remainder of the creative work based on that agreed-upon direction. Brand Narrative: Takes the foundation of the written concept and breathes life into it through an artistic interpretation of language. Its purpose is to help residents, businesses, influencers and consumers connect and embrace the emotional story of the brand to their own lives. It contains inspiring language meant to describe Clearwater’s assets as they relate to your new brand and to garner excitement among brand drivers, brand partners and regional stakeholders. Sub- narratives for economic development and visitor initiatives will also be provided. Custom Deliverables: Using the new creative direction, North Star will assist the client in identifying a list of custom deliverables that target your specific goals. Typically those ideas might include: Graphic standards guide Strapline development Color palette Stationery design PowerPoint slide design E-newsletter template Collateral design Sample advertisements Brand vocabulary Infrastructure design Website design application Mobile website and app design Social media design application Signage design Wayfinding design Merchandising 11CLEARWATER BRANDPRINT SCOPE OF WORK 5. ACTION How should your brand be integrated? In this stage, North Star develops a must-do strategic action and communications plan for the first 6 to 36 months following your brand’s development. This plan comprises 15 fundamental action steps that ensure the brand gains traction and maintains momentum. many of these tasks involve setting up the organization and cooperation that will propel your brand forward. Our goal - and yours - is to make sure that the Clearwater brand is the guiding principle for your future, not just a logo and line on your letterhead. As part of this top 15 action plan, we will craft a selection of high-impact custom action ideas designed to raise the profile of your brand and put it to work in every corner of your community. Custom ideas generally fall into the following categories: • Policy (laws or measures that support the brand strategy.) • Sports (tournaments, events, youth sports, etc.) • Environmental Applications (look at your community as if it were a canvas) • Purpose Initiatives (charities, sponsorships, etc.) • Festivals (repackage existing events/festivals or develop new ones that connect to your brand strategy.) • Arts (public art campaigns, partnerships with art organizations, art contests with visitors, residents, students, artists in residence programs.) • Private Sector (ideas and tools to engage businesses and other private sector organizations.) • Exports (goods that are manufactured, grown or packaged in your community for export; even a famous person or idea from your community can be considered an export.) • Awards (civic awards, organizational awards, etc.) • Education (programs in schools, small business/entrepreneur mentoring, education for front-line hospitality staff, etc.) • Sustainability (residential green initiatives, tax incentives for green industries, etc.) • Health (community health programs, school-based health initiatives, business- based health initiatives, hospital and health care agency partnerships.) • Economic Development (marketing, communications, training, outreach, resources, etc. . . all specifically related to economic development.) • Tourism (marketing, communications, training, products, packaging, merchandise, etc . . . all specifically related to tourism.) • Events (any organized activity that ties back to the brand ranging in scope from festivals to health fairs to career counseling to community clean-up days.) • Incentives (tax incentives for businesses, entrepreneurs, art organizations, etc. that are in line with the brand strategy.) • Master Planning (design and development of infrastructure and support systems that correlate with the brand strategy.) 12CLEARWATER BRANDPRINT SCOPE OF WORK 6. EVALUATION How the brand is performing Evaluation yields new information, which may lead to the beginning of a new planning cycle. Information can be gathered from concept pre-testing, campaign impact in the marketplace and tracking studies to measure a brand’s performance over time. Ideally, two basic questions will be answered: have responses to the brand among target audiences changed in the way the BrandPrint intended? And have these changes resulted in action that will achieve the desired objectives of the brand? No single measure of success works for something as complicated as a community brand. As such, every research study in this plan is designed to produce benchmarks and results that can be used for comparison with future studies in areas of advocacy, return on investment, perceptions of the existing Clearwater brand and attitudes regarding how well Clearwater performs as a place to live, visit, do business and attract a talented workforce. Additionally, our 13 years of branding experience have shown that true success can be seen in the spread of excitement, inspiration and innovation among your stakeholders around the brand. This is a ‘‘soft measurement’’ but it is vitally important. North Star builds hours into our BrandPrint process for mentoring with our clients. We also provide a 12-month follow up. However, we do not limit communication to this instance. Your success is our success, and everyone at North Star - from the president and CEO to the office manager to our research assistants - takes the success of our clients personally. Toward that end, we are always available to answer questions and help with problems. In short, we have maintained an ongoing personal and business relationship with most of our clients, some for more than a decade. 12- month Check Up. Recommended measures of Accountability: Online Brand Perception. Qualitative Perception Study. Quantitative Perception Study. Brand Barometer. Use of the Brand Narrative in the private sector. NOTE: Here, we conduct a final presentation that delivers the creative product, the brand action ideas and recommended measures of accountability. A final report is produced that delivers these items as well as the research findings, insights and strategic brand platform. Exhibit B Payment Schedule In consideration of the obligations undertaken by North Star, the City of Clearwater shall pay North Star the sum of US $100,000 (one hundred thousand US Dollars) in 7 monthly payments: July, 2014 through January 2015 and one final payment of $12,500 being paid upon completion of the entire scope of work. North Star shall invoice the City of Clearwater on the first day of every month, to be due by the 15th of the month on the 7 months specified above. Upon completion of the project, North Star shall invoice the city for the final payment of $12,500. Additional expenses incurred on behalf of the City of Clearwater shall all be at the expense of North Star. Pro - business logo draws criticism 11 Business Observer 1 Tampa Bay, B... http:// www. businessobserverfl .com/section/detail /fridays- cup - pro -bi advertisement - News Strategies COFFEE TALK Entrepreneurs Industries Pro - business logo draws criticism BY: BUSINESS OBSERVER A Better View of Business Subscribe 1 Advertise 1 Log In 1 Reprints 1 Contact Us 1 About Us Government j Search News, Companies, Business Leaders Companies Opinion Legal Notices PRINT • COMMENT February 08, 2013 Florida might have the perfect climate for business, state economic development officials say, but an attempt to brand and sell that message has fallen more on the imperfect side. Enterprise Florida, the state economic development agency, unveiled its first -ever marketing brand and slogan to big fanfare Jan. 31. In an effort to provide a message every economic development organization in the state can rally around, the Orlando -based agency sought to play up Florida's strengths. That includes no personal income tax and an envious global trade location. RELATED HEADLINES: In Memoriam: Don Porter Bank reels in its guy Bend it Like Brazil Each day I talk with CEOs around the world to tell them Back on board that Florida is the best place to do business," Florida Gov. Rick Scott says in a release. "Our unemployment rate is at a four -year low, we've created close to 200,000 private sector jobs in just two years and our K -12 education system has jumped into the top 10 in the nation." But the program's tagline, "Florida: The Perfect Climate for Business," is where the message, to some, gets muddled. The slogan is written in green, except for the "I" in Florida, which is in orange and shaped like a tie — a man's tie. It's that "I" that's drawn the ire of several statewide woman business leaders, who say the logo, at minimum, is insensitive toward women in business. Beth Leytham, a prominent public relations expert in Tampa, calls the branding myopic. I saw it and it hit me upside the head," Leytham, with The Leytham Group, tells Coffee Talk. "It's very male- focused. I think it does a disservice to women -owned businesses." Stuart Doyle, a spokesman for Enterprise Florida, says the criticism is undeserved. Doyle says the image is only one piece of a much larger program, and past that, the agency and the firms it hired to do the work researched the issue thoroughly. One firm, Doyle tells Coffee Talk, conducted focus groups with many women executives, in and out of Florida, and didn't hear one negative comment. We did a lot of vetting," Doyle says. We wanted to be sure." Meanwhile, another issue hovering over the launch of the program is cost. The research for the project cost $205,000 and brand design and campaign strategy cost another $180,000. Enterprise Florida, after a bidding process, hired Nashville, Tenn. -based North Star Destination Strategies for the research work. Jacksonville -based On Ideas 1 of 3 Tucker /Hall Marketing tuckerhallmarketing.com 24 years experience marketing B2B and professional services. SUBSCRIBE NOW! SIGNUP FOR OUR DAILY NEWS E -MAIL! EMAIL ADDRESS' FIRST NAME LAST NAME Signup Ncnv >' In Memoriam: Don Porter The mark of rancher and developer Don Porter is all over north - central Pasco County, from Florida Hospital Wesley Chapel to Pasco- \ Hernando State College to The Shops at \ Wiregrass, a popular open -air mall. \\ FULr \•1bRY» p f" A CO 4 7/15/2014 12:16 1 Bank reels in its guy Pro- business logo draws criticism II Business Observer I Tampa Bay, B... http:// www. businessobserverfl .com/section/detail /fridays -cup- pro -bu worked on the brand and campaign strategy. Some business leaders across the state, in several daily newspaper articles, questioned both cost of the project and why a non - Florida firm won more than half the work. COMMENTS This was an outrageous amount of money for a very mediocre result. And there are very capable research companies right here in Florida. The tie is a disaster, not because of its perceived gender bias, it just doesn't represent Florida business. The big attraction to establish or move a company to Florida is its casual atmosphere. Even though we work hard, we make it seem easy, because the environment makes us feel like we are always on vacation. ADDED BY MICHAELSISTI @VERIZON.NET ON FRIDAY, FEB 8 ADD A COMMENT You must be a member to add comments. Register now or login. 2 of 3 The Guy Harvey brand, a combination of marine biology, art and photography, has docked at Gateway Bank. FULL STORY MORE COFFEE TALK » 7/15/2014 12: Pro- business logo draws criticism 11 Business Observer 1 Tampa Bay, B... http:// www. businessobserverfl.com/section/detail /fridays -cup- pro -b. advertisement - Tucker /Hall Marketing tuckerhallmarketing.com 24 years experience marketing B2B and professional services. uisness Sarasota 1970 Main St Sarasota, Florida 34236 tel: (941) 362 -4848 Subscriptions: 1 (877) 231 -8834 fax (941) 362 -4808 Email a Reporter Email Legals Tampa Bay 204 S. Hoover Boulevard, Suite #220 Tampa. Florida 33609 e 6ioriat (813) 223-7682 legais: (813) 221 -9505 fax (813) 287 -9403 Email a Reporter Email Legals Fort Myers 5237 Summerlin Commons Blvd., Ste. 324 Fort Myers, Florida 33907 tet (239) 2755-2230 Email a Reporter Email Legals TUESDAY July 15, 2014 12:00 P.M. Naples 501 lette Rd. N., #4D-100 Naples, Florida 34102 tet (239) 263 -01'1' fax (239)263-0112 Email a Reporter Email Legals Special Sections Archives Subscriptions About Us Contact Legal Notices Advertise With Us Distribution Points Policies. 3 of 3 7/15/2014 12:16 P Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-247 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Approve a Contract (Blanket Purchase Order) to Hose and Hydraulics, Inc. of Clearwater, FL in the amount of $150,000 for the purchase of replacement hydraulic parts and repairs for vehicles and equipment used by city departments during the contract period August 1, 2014 through July 31, 2015, in accordance with Sec. 2.564(1)(d), Code of Ordinances, Pinellas County Contract 123-0379-Q and authorize the appropriate officials to execute same. (consent) SUMMARY: This blanket purchase order is a piggyback off the Pinellas County Contract 123-0379-Q and covers the purchase of replacement hydraulic parts and repairs for use on City vehicles and equipment. APPROPRIATION CODE AND AMOUNT: 566-06611-550600-519-000 $150,000 These funds are available in the operating expense of the Garage Services Fund as budgeted in Fiscal Year 2013/14 and Fiscal Year 2014/15. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-258 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 2 File Type: AppointmentIn Control: Official Records & Legislative Services Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Appoint Edward T. O’Brien, Jr. to the Marine Advisory Board to fill the remainder of an unexpired term until March 31, 2015. SUMMARY: APPOINTMENT WORKSHEET BOARD: Marine Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Paul J. Kelley MEETING DATES: 2nd Wed., 8 am (Quarterly) PLACE: Chambers APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Donald O. McFarland - 108 S. Hercules Ave., 33765 - Attorney Original Appointment: 6/7/07 Resigned 5/21/14 - (was serving 2nd term to expire 3/31/15) THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Edward T. O’Brien, Jr. - 3376 Ferncliff Ln, 33761 - Retired College Professor (currently serving on Airpark Advisory Board - wishes to be considered for MAB) Zip codes of current members on board: 1 at 33755 Page 1 City of Clearwater Printed on 7/16/2014 File Number: ID#14-258 1 at 33759 1 at 33761 1 at 33765 1 at 33767 APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/16/2014 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS Home Address: Office Address: 33 7C /- ' c /1-1= .4,4/ h au, .ie,c /L. Zip .'376/ - "ti/ Telephone0 2=7"7 7 6 S %il c 3 `f Cell Phone:(71 -- ¶Ga /cri 3 3 A04 Zip Telephone: E -mail Address: How long a resident of Clearwater? 7 3 ;, Occupation: Adj //y, -y Employer: ,t AJ (: Field of Education: // Other Work Experience: e5y D. C',,. , c,i rz , r,, i, «9z-- n,,add. fy P e 4i- re ec`fi `former` ocapaton: Ps.fr- ,D %, . Community Activities:(, - ,,,„4, C /...—., j 4,,_.:4 - :" J,__..,/. Other Interests:4,4/.4 ,e is L, /..r 7 L_1/6 - &it c, Board Service (current and past): / Board Preference: p fK 4 « •- - 1 Q c /F'iY /f i Lext,.. a./s. c. 23 / Additional Comments: Signed: /,. `7/ AL:. Date: 9/e- eiv See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hal!, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? 4. Why do you want to serve on this Board? illA e.---r24,---e-..- Name: Board Name: PW' 1,,,`m Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-287 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Designate Councilmember Jonson to be the official voting delegate at the Florida League of Cities’ Annual Conference, August 14-16, 2014. (consent) SUMMARY: The Florida League of Cities’ Annual Conference will be held at the Westin Diplomat, Hollywood, Florida on August 14-16. The League is asking each municipality to designate one official to be the voting delegate at the Annual Business Session on Saturday, August 16 at 9:00 a.m. Election of League leadership and adoption of resolutions are undertaken at the business meeting. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-262 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 6 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the City of Clearwater’s Fiscal Year 2014-2015 Consolidated Annual Action Plan, to carry forward the goals and objectives set forth in the Fiscal Year 2011-2016 Five-Year Consolidated Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the Fiscal Year 2014-2015 Consolidated Annual Action Plan. SUMMARY: The U.S. Department of Housing and Urban Development (HUD) requires communities that receive entitlement Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program (HOME) funding to prepare a comprehensive five-year consolidated planning document that evaluates the needs of the community and sets forth strategies to address those needs. The Fiscal Year 2011-2016 Consolidated Annual Action Plan is mainly a continuation of our prior Consolidated Plan and was completed in 2011. In addition, the City is required to create and implement an annual action plan identifying the sources and uses of federal money for housing, community and economic development. This annual plan, referred to as a Consolidated Annual Action Plan, provides HUD with the 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 to meet the goals established in the Five-Year Plan. In Fiscal Year 2014-2015, the City is estimated to receive federal funds in the amount of $726,298 through the Community Development Block Grant (CDBG) and $299,956 through the HOME Investment Partnership Program (HOME). The City is also estimated to receive $499,545 through the State of Florida State Housing Initiatives Partnership Program. The total Fiscal Year 2014-2015 entitlement allocation budget is $1,525,799. Funds provided through the HOME Program are limited to housing-related activities and administration. Funds provided through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, relocation, demolition and administration. Additional funding for the Fiscal Year 2014-2015 budget will come from estimated program income funds and unprogrammed prior year CDBG, HOME, Neighborhood Stabilization Program, SHIP and Pinellas County Housing Trust funds (loan repayments, loan payoffs, recaptured funds, etc) estimated at $219,448. Other funds may include those leveraged from private sector investments. Total budget for Fiscal Year 2014-2015 is $1,745,247. The City partners with several non-profit agencies to implement the goals and objectives the City had established in the Consolidated Planning Document. To obtain these partners, the Page 1 City of Clearwater Printed on 7/16/2014 File Number: ID#14-262 City annually publishes a Notice of Funding Availability (NOFA) in the local newspaper and on its website. This notice informs the non-profits of the resources the City will make available and the eligible uses of these resources. It also informs them of the application period for requesting funds. This year the applications were due in April and the City received a total of 18 applications for funding requests. A Technical Review Committee (TRC), comprised of professionals in the social service and grants community and two members 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 of applicants that will receive a portion of allocated funds. Applicants were given an opportunity to present at the monthly NAHAB meeting regarding their programs. City staff also reviewed each application to ensure it met HUD’s baseline requirements. The NAHAB met on May 13, 2014 to approve the recommended allocations contained in the Fiscal Year 2014-2015 Consolidated Annual Action Plan. In addition, the NAHAB reviewed the Action Plan on June 24, 2014 and recommended approval. Each year, the City may allocate up to 15% of its CDBG allocation for Public Services organizations. The City may also provide funds for operating expenses to subrecipients who qualify as a Community Based Development Organization. While the City’s Housing Division received requests for Public Services funding in the amount of $266,970, we were only able to allocate $134,988 to ten organizations. The NAHAB has endorsed a sliding scale funding system for Public Services 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. The maximum allocation per agency’s request is $18,000. This method allows a majority of the Public Services applicants to receive funding. All organizations that will be receiving an allocation will have agreements prepared and executed by October 1, 2014. Staff monitors these organizations for compliance on a yearly basis. In addition, $150,000 was allocated to Public Facilities, which will go towards renovations of the following facilities: RCS Grace House, Kimberly Home, and Directions for Living. The City’s Housing Pool will target funding efforts for Housing Activities in the Rehabilitation, Down Payment and Closing Cost Assistance Programs. The amount available this year is $1,038,113 for the following organizations: Habitat for Humanity, Habitat for Humanity CHDO, Tampa Bay CDC, and Largo Area Housing Development Corp. The Consolidated Annual Action Plan is due to HUD on August 15, 2014. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 7/16/2014 Economic Development & Housing Department FY 2014-2015 Consolidated Action Plan Economic Development & Housing Department FY 2014-2015 Consolidated Action Plan HUD’S COMMUNITY DEVELOPMENT GOALS HUD’S COMMUNITY DEVELOPMENT GOALS Develop Viable Urban Communities Provide decent housing Provide a suitable living environment Expand economic opportunities For very-low to moderate-income households Develop Viable Urban Communities Provide decent housing Provide a suitable living environment Expand economic opportunities For very-low to moderate-income households HUD’S COMMUNITY DEVELOPMENT GOALS HUD’S COMMUNITY DEVELOPMENT GOALS Extend, Strengthen Partnerships Government Private sector (including for-profit / non-profit organizations) In the production and operation of affordable housing Extend, Strengthen Partnerships Government Private sector (including for-profit / non-profit organizations) In the production and operation of affordable housing BUDGET FY 2014-2015 BUDGET FY 2014-2015 CDBG $ 726,298 HOME $ 299,956 SHIP $ 499,545 Total Funds $ 1,525,799 Program Income $ 219,448 TOTAL BUDGET $ 1,745,247 CDBG $ 726,298 HOME $ 299,956 SHIP $ 499,545 Total Funds $ 1,525,799 Program Income $ 219,448 TOTAL BUDGET $ 1,745,247 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Programs/Activities to Meet National Objectives Benefiting Low to Moderate-Income Families 80% AMI or below Clearwater family of 4 is $45,900 Programs/Activities to Meet National Objectives Benefiting Low to Moderate-Income Families 80% AMI or below Clearwater family of 4 is $45,900 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Real property acquisition Rehabilitation Construction of public facilities and improvements Public services Real property acquisition Rehabilitation Construction of public facilities and improvements Public services HOME INVESTMENT PARTNERSHIP PROGRAM/SHIP HOME INVESTMENT PARTNERSHIP PROGRAM/SHIP Real property acquisition Down payment/closing cost assistance New construction Rehabilitation Real property acquisition Down payment/closing cost assistance New construction Rehabilitation FY 2014-2015 ACTION PLAN PROCESS FY 2014-2015 ACTION PLAN PROCESS March –advertised funds April –received 18 applications April / May –reviewed/ranked applications June –Action Plan advertised for public comment March –advertised funds April –received 18 applications April / May –reviewed/ranked applications June –Action Plan advertised for public comment FY 2014-2015 ACTION PLAN PROCESS FY 2014-2015 ACTION PLAN PROCESS June –NAHAB approval July –present to City Council August 15 –deadline to HUD August/September – prepare/execute agreements October 1 –fiscal year begins June –NAHAB approval July –present to City Council August 15 –deadline to HUD August/September – prepare/execute agreements October 1 –fiscal year begins PROGRAMS FUNDEDPROGRAMS FUNDED Public Services $ 134,988 Public Facilities $ 150,000 Housing Pool $ 1,038,113 HOME CHDO $ 44,994 Admin/ProgDelivery $ 377,152 TOTAL $ 1,745,247 Public Services $ 134,988 Public Facilities $ 150,000 Housing Pool $ 1,038,113 HOME CHDO $ 44,994 Admin/ProgDelivery $ 377,152 TOTAL $ 1,745,247 AGENCIES FUNDEDAGENCIES FUNDED Total of 18 applications received from 15 organizations Total of 15 organizations will be participating Total of 18 applications received from 15 organizations Total of 15 organizations will be participating PUBLIC SERVICESPUBLIC SERVICES $18K maximum award Top 2 applications receive 60% Next 2 applications 50% Remaining receive 40% until funds are exhausted 10 of 10 Public Service organizations recommended $18K maximum award Top 2 applications receive 60% Next 2 applications 50% Remaining receive 40% until funds are exhausted 10 of 10 Public Service organizations recommended PUBLIC SERVICESPUBLIC SERVICES MLK Neighborhood Family Center POC –Chore Services HEP West Care of FL Paint Your Heart Out MLK Neighborhood Family Center POC –Chore Services HEP West Care of FL Paint Your Heart Out PAINT YOUR HEART OUTPAINT YOUR HEART OUT PUBLIC SERVICESPUBLIC SERVICES Safety Harbor Family Center Gulf Coast Legal Community Service Foundation RCS –Grace House Intercultural Advocacy Institute Housing Counseling Safety Harbor Family Center Gulf Coast Legal Community Service Foundation RCS –Grace House Intercultural Advocacy Institute Housing Counseling RCS –GRACE HOUSERCS –GRACE HOUSE PUBLIC FACILITIESPUBLIC FACILITIES RCS -Grace House Building Renovations Kimberly Home Building Renovations Directions For Living Building Renovations RCS -Grace House Building Renovations Kimberly Home Building Renovations Directions For Living Building Renovations KIMBERLY HOMEKIMBERLY HOME HOUSINGPOOLHOUSINGPOOL Focus of Activities DownpaymentAssistance Rehabilitation Acquisition Organizations participate on a first-come, first-serve, first-eligible basis Habitat, Habitat CHDO, Tampa Bay CDC, Largo Area HDC Focus of Activities DownpaymentAssistance Rehabilitation Acquisition Organizations participate on a first-come, first-serve, first-eligible basis Habitat, Habitat CHDO, Tampa Bay CDC, Largo Area HDC BENEFITS TO CITYBENEFITS TO CITY Public/social services provided Preservation of housing stock Construction of new housing New homeowners Revitalization of neighborhoods Public/social services provided Preservation of housing stock Construction of new housing New homeowners Revitalization of neighborhoods BENEFITS TO CITYBENEFITS TO CITY Private dollars leveraged Creation and preservation of public facilities Provide workforce housing Private dollars leveraged Creation and preservation of public facilities Provide workforce housing Economic Development & Housing Department FY 2014-2015 Consolidated Action Plan Economic Development & Housing Department FY 2014-2015 Consolidated Action Plan Table of Contents 2014-2015ActionPlan Appendix 1. Maps 2. Neighborhood Revitalization Strategy 3. Public Comments 4. SF-424 5. Certifications 6. CPMPProjects 7. Schedule 8. Notice ofFundingAvailability 9. Notice ofPublic Review &Comment; Meetings &CouncilAction 10. RecommendedAllocations 11. Environmental Review Clearance 12. Demographic Profile Data City of Clearwater, Florida 2014-2015Action Plan FY 2014-2015 Action Plan City of Clearwater, Florida 2014-2015Action Plan City of Clearwater, Florida 2014-2015Action Plan City of Clearwater, Florida 2014-2015Action Plan 2014-2015Action Plan 1. Action Plan The CPMPFourthAnnualAction Plan includes the SF424 and Narrative Responses toAction Plan questions that CDBG, HOME, HOPWA, and ESG grantees mustrespond toeach year tocomply with the Consolidated Planning Regulations. The Executive Summary narratives are optional. Executive Summary FY2014-2015Program Year The City receives federal funds from the Department of Housing and Urban Development (HUD) from two federal programs as an entitlement community. These entitlement funds include the Community Development Block Grant Program (CDBG) and the HOME Investment Partnership (HOME) affordable housing program. The City will also utilize prior years funding and program income from the Neighborhood Stabilization Program 3 to further housing activities in the program year. The City does not receive an Emergency Shelter Block Grant.The City also utilizes program income from its State of Florida’s State Housing Initiatives Partnership (SHIP) and Pinellas County’sHousingTrust Fund Programs in support ofthese programs which are all targeted atassisting the City’s low tomoderate-income residents. Affordablehousing funds will be administered on a city-wide basis targeted athelping low to moderate-income families become homeowners, maintain their properties andforhousing education and counseling. The City will provide assistance tothe homeless and those with special needs through the construction of additional facilities and the provision ofservices. The City’s community development improvements will be focused on its Neighborhood Revitalization StrategyAreas. The overall goal ofthe community planning and development programs covered by theAction Plan is todevelop viable urban communities by providing decent housing and a suitable living environment and toexpand economic opportunities principally forvery-low tomoderate- income persons/households. The primary means towards this end is toextend and strengthen partnerships among all levels ofgovernment and the privatesector, including for-profit and non- profit organizations, in the production and operation of affordable housing. 1. Decent housing includes assisting homeless persons toobtain appropriate housing and assisting persons at risk of becoming homeless; retention ofthe affordablehousing stock; and increasing the availability of permanent housing in good condition and affordabletovery-lowincomeand moderate- income families, particularly to membersof disadvantaged minorities, without discrimination on the basis of race, color, religion, sex, national origin, marital status, familial status, or disability. City of Clearwater, Florida 2014-2015Action Plan 2. 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, and persons with HIV/AIDS and their families, tolive with dignity and independence; and providing affordablehousing tolow-income persons accessible tojob opportunities. 3. Asuitable living environment includes improving the safetyand livability of neighborhoods; increasing access to quality public and private facilities and services; reducing the isolation ofincome groups within a community or geographical area through the spatial de-concentration of housing opportunities forpersons oflower income and the revitalization ofdeteriorating or deteriorated neighborhoods; restoring and preserving properties of special historic, architectural, or aesthetic value; and conservation ofenergy resources. 4. Theexpandedeconomicopportunitiesincludes job creation and retention; establishment, stabilizationandexpansionofsmallbusinesses (including micro-businesses); the provision of publicservicesconcernedwithemployment; theprovisionofjobsforlow-incomepersons livinginareasaffectedbythoseprograms andactivitiesunderprogramscoveredbythe plan; availability of mortgage financing for low-incomepersonsatreasonablerates using non-discriminatorylendingpractices; accessto capitalandcreditfordevelopment activitiesthat promotethelong-term economicandsocial viabilityofthe community;andempowerment and self- sufficiency for low-incomepersons to reduce generationalpovertyinfederal-assisted housingandpublichousing. The City continues toprovide funding fora variety ofPublic Service and Public Facility type activities which include: self-sufficiency, elderly home cleaning, emergency shelter operations, fair housing, elderly services, and homeless services. The following Public Service activities are proposed for fiscal year 2014-2015: 1.Housing Counseling Program 2.WestCare Gulf Coast of Florida, Inc. 3.Paint Your Heart Out 4.Pinellas Opportunity Council –Chore Services 5.Safety Harbor Neighborhood Family Center, Inc. 6.Gulf Coast Legal Services, Inc. –Fair Housing 7.Community Services Foundation, Inc. – Fair Housing 8.Martin Luther King, Jr. Neighborhood Family Center 9.InterculturalAdvocacy Institute 10.Homeless Emergency Project 11.Religious Community Services, Inc. For Public Facility projects during the nextfiscal year,we propose to provide funding to the following organizations: 1. Religious Community Services, Inc. – Grace House 2. Kimberly Home–Daycare/Learning Center Renovations 3. Directions for Living–Office Renovations Managing the Process The City of Clearwater –Economic Development and Housing Department –Housing Division is the lead agency foradministering the City’s ConsolidatedAction Plan and Consolidated Planning Document. City of Clearwater, Florida 2014-2015Action Plan The City partners with several not-for-profit agencies toimplement the goals and objectives the City has established in the Consolidated Planning Document.To obtain these partners, the City publisheda NoticeofFundingAvailability(NOFA) in the local newspaper and on its website in February. This notice informs the non-profits of the resources the City will make available and the eligible uses of these resources. It also informs them of the application period for requesting funds. The City’sTechnicalReview Committee (TRC) reviewedand rankedthe applications. From results of the ranking committee, the City prepareda summary ofproposed projects and placedit in the local paper forpublic comments. Additionally, the City helda public meetingto obtain any further comments on the proposed FY14-15 RecommendedAllocations with the City’s Neighborhood &Affordable HousingAdvisory Board onMay13, 2014. The Draft ConsolidatedAction Plan Summary was madeavailable in the local newspaper and the City’s website forcitizens toreview. The Plan was brought before the City’s Neighborhood &Afford- able HousingAdvisory Board on June24, 2014 and the City Council for final approvalonJuly17, 2014. Consultation for the City’s Housing and Community Development programs is an ongoing process for departmental staff. Staffstaysattuned tohousing and community development issues and needs through the following means: 1. Membership in local and stateorganizations 2. Participation by City staff on boards, committees and agencies 3. Discussions at committees supported by the City 4. Technicalassistance toagencies and other entities 5. Working with local lenders on Community ReinvestmentActcommitments and requirements 6. Participation in public forums 7. Holding public hearings 8. Preparation of documents, flyers and brochures regarding specific programs 9. Special studies Citizen Participation The City ofClearwater has adopted a Citizen Participation Plan (andAnti-Displacement Plan) that meets all HUD regulations as part of the approval process forthe Five-Year Consolidated Plan. The Cities of Clearwater and Largo and Pinellas County held a public meeting toobtain citizens’ views on housing and community development needs as it relates tothe preparation ofthe Cities’ and County’s Five-Year (FY2011-2016) Consoli- dated Planning Document.The programs covered under the Consolidated Plan are the Community Development Block Grant (CDBG), HOME Invest- ment Partnership Programs (HOME), and NSP3. Two public hearings were held,one on May 5, 2011 and one on May 6, 2011,to receive public comments from the North Greenwood and Lake Belleview Neighborhood Revitalization Strategy Areas. The City advertised the NOFAon February 26, 2014in the Tampa BayTimes(formerly St. Petersburg Times) and also posted the Notice on the City’s website. The application period opened on March7, 2014and closed onApril 7,2014. The City’s Neighborhood andAffordable Housing Advisory Board (NAHAB) met on May 13, 2014to discuss and approvetheTechnicalReview Committee RecommendedAllocations. City of Clearwater, Florida 2014-2015Action Plan The City helda public meetingforthe proposed FY14-15ConsolidatedAction Plan at the City’s NAHAB on June24, 2014.The Draft Consolidated Plan was made available fora 30- day public review and comment period. Instructions for persons with disabilities who required accommodation(s) for participation in all public hearings was contained in all notices. The final FY14-15ConsolidatedAction Plan will beapproved by the City Council on July 17, 2014. The City maintains ongoing contact with all its Housing, Homeless and Community Development partners through notices of NAHAB meetings and other areas ofinterest. To broaden the public participation process, the City frequently advertises meetings and events on the City’s website.The website also provides a comprehensive listing of the City’s Economic, Housing and Community Development programs. Public Outreach Forums were held throughout the County to discuss goals, objectives, and priorities. The presentation provided detailed information on the Five-Year Consolidated Plan and the process used todistribute funds in the past and how these fundscan be utilized in the future. Groups included in this outreach are realtors, contractors, non-profit agencies, government officials, faith-based organizations and planning agencies. Solicitation ofinput from existing partnerships and organizations in the community, in addition to the public hearing process and public notices in the newspaper, was sought to encourage participation in identifying housing needs and needs ofthe homeless and special populations, and in development ofthe Consolidated Plan. Citizens Comments Public comments are inserted in theAppendix of this report. Resources The City will utilize its funds toimplement the specific objectives established within the City’s adopted FY2011-2016 Consolidated Plan as shown in Figure 1. In addition to the entitlement allocations listed above, the City maintains three Revolving Loan Funds which are set up to carry out specific activities. The three individual revolving loan funds are the Housing Rehabilitation Revolving Loan Fund (City Fund #686), the Economic Development Revolving Loan Fund (City Fund #687) and the Infill Housing Revolving Loan Fund (City Fund #689). The Housing Rehabilitation Revolving Loan Fund includes payments made by homeowners who participated in the Rehabilitation Program and had their home repaired.The Economic Development Revolving Loan Fund includes paymentsmade by for-profit business owners who participated in the Economic Development Program and obtained funds tostartup or maintain their business. The Infill Housing Revolving Loan Fund includes payments made by subrecipients who borrowed funds topurchase vacant lots tobuild homes. Funds were repaid when the subrecipient sold the home toan eligible homebuyer. Figure1Clearwater FY 2014-15 CDBG/HOMEAllocations EntitlementGrantFunds Funding CDBG $726,298 HOME $299,956 TotalFederal FundingSources $1,026,254 Source: HUD 2014EntitlementAllocations City of Clearwater, Florida 2014-2015Action Plan In FY2014-2015, the City anticipates that the revolving fund balance will be $841,073.These funds include $293,851fromthe Infill Housing Revolving Loan Fund, $221,427from the Economic Development Revolving Loan Fundand $325,795from the Housing Rehabilitation Revolving Loan Fund. Pleasenotethattheamountslistedaboveareonly projectedamounts. Theseamountsmayincreaseor decreasesubjecttoprogramactivity. Thesefunds arerestrictedtotheactivitieslistedaboveandare notpartofbudgetedconsolidatedplanactivities. In addition to the federal funds listed above, the City anticipatesthatotherfederalresourceswillbemade available to address the needs identified in the plan. ThosefundsshouldincludeSection8fundsmade available to the local housing authority, Low-Income HousingTax Credits through developers, and competitive McKinney-Vento HomelessAssistance Act funds through local non-profit agencies. In addition to the federal resources, the City will use other stateand local resources toaddress housing needs. The City will use program income generated through the SHIPand PCHTF programs to provide funding for property acquisition and development, rehabilitation, down payment assistance, relocation, demolition, housing counseling, and other related housing activities. The city anticipates that $620,545will be available through the SHIP Program and $5,000throughthe PCHTFfor the nextfiscal year. ANNUAL OBJECTIVES TheConsolidatedPlanisacollaborativeprocess whereby a community establishes a unified vision for community development actions. It offers local jurisdictionstheopportunitytoshapethevarious housingandcommunitydevelopmentprograms into effective, coordinated neighborhood and community development strategies. It also creates the opportunity forstrategic planning and citizen participation to take place in a comprehensive context, and to reduce duplication of effort at the local level. The Consolidated Plan approach is also the means to meet the submission requirements for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Shelter Grant (ESG), and Housing Opportunities for Persons withAIDS (HOPWA) formula programs.This process replaces prior CPD planning and submission requirements with a single document that satisfies the submission requirements of the four CPD formula programs for local jurisdictions. Figure 2shows the goals and objectives tobe carried out during theAction Plan period. Thestatutesfortheformulagrantprogramsset forththreebasicgoalsagainstwhichtheplanand thejurisdiction’sperformanceundertheplanwill be evaluated by HUD. Each jurisdiction’s plan must statehowitwillpursuethesegoalsforall community development programs, as well as all housingprograms. Thesestatutoryprogramgoals are: Decent Housing: • Assisthomeless persons obtain affordable housing • Assist persons at risk of becoming homeless • Retain affordable housing stock • Increase the availability of affordable permanent housing in standard condition to lowand moderate-income families, particularly tomembers ofdisadvantaged minorities without discrimination on the basis of race, color, religion, sex, national origin, familial status, or disability City of Clearwater, Florida 2014-2015Action Plan *Ifnot using the CPMPTool:Complete and submit Table3A. *If using the CPMPTool: Complete and submit the Summary of SpecificAnnual Objectives Worksheets or Summaries.xls Figure2ActionPlanGoalsandObjectives Goals and objectives tobe carried out during the action plan period are indicated by placing an (X) in the following boxes. ObjectiveCategory:ObjectiveCategory:ObjectiveCategory:x Decent Housing x SuitableLivingEnvironment ExpandedEconomicOpportunities x assisting homeless persons obtain affordablehousing x improving the safetyand livability of neighborhoods x job creationand retention x assisting persons at risk of be- coming homeless x eliminating blighting influences and the deterioration ofproperty and facilities establishment,stabilization and expansion of small business (including micro-businesses) x retaining the affordablehousing stock x increasing the access to quality public and private facilities the provision ofpublic services concerned with employment x increasing the availability of affordable permanent housing in standard condition tolow-income and moderate-income families, particularly to members of disadvantaged minorities without discrimination on the basis of race, color, religion, sex, national origin, familial status, or disability x reducing the isolation ofincome groups within areas through spatial deconcentration ofhousing opportunities forlower income persons and the revitalization of deteriorating neighborhoods x the provision ofjobs tolow-income per- sons living in areas affectedby those programs and activities under programs covered by the plan increasing the supply of supportive housing which includes structural features and services toenable persons with special needs (including persons with HIV/AIDS) to live in dignity and independence restoring and preserving properties of special historic, architectural, or aesthetic value x availability of mortgage financing for low-incomepersons atreasonable rates using non-discriminatory lending practices providing affordablehousing that is accessible tojob opportunities x conserving energy resources and use ofrenewable energy sources x access tocapital and credit for development activities thatpromote the long-term economic social viability of the community Source: City ofClearwater, Economic Development and Housing, June 2014 • Increase the supply of supportive housingthat includes structural features andservices to enable persons with special needs (including persons with HIV/AIDS) to live in dignity and independence • Provide affordable housing that is accessible tojob opportunities ASuitableLivingEnvironment: • Improve the safety and livability of neighborhoods • Eliminate blighting influences and the deterioration ofproperty and facilities • Increase access to quality public and private facilities and services • Reduce the isolation of income groups within areas through spatial deconcentration ofhousing opportunities forlower income persons and the revitalization ofdeteriorating neighborhoods • Restore and preserve properties of special historic, architectural, or aesthetic value; • Conserve energy resources and use of renewable energy sources ExpandedEconomicOpportunities: • Job creation and retention • Establishment, stabilization and expansion of small businesses (including micro-businesses) • The provision of public services concerned with employment • The provision of jobs to low-incomepersons living in areas affectedby those programs and activities, or jobs resulting from carrying out City of Clearwater, Florida 2014-2015Action Plan activities under programs covered by the plan • Availability of mortgage financing for low- incomepersons atreasonable rates using non-discriminatory lending practices • Access to capital and credit for development activities thatpromote the long-term economic and social viability ofthe community • Empowerment and self-sufficiency for low- incomepersons toreduce generational poverty in federally assisted housing and public housing Summary of Specific Annual Objectives SL3.1 -Provide funding in the amount of $4,000to Community Service Foundation, Inc., for salary support tooperate a fair housing counseling and housing placement program . The program pro- vides housing services tohelp lower income families and individuals locate and secure permanent, decent and affordablehousing. The program also strives to counsel households on Fair Housing Landlord/Tenant Rights, and to provide emergency food and shelterprogram rent and mortgage payment assistance. The agency’s goal is toserve60households. SL3.1 -Provide funding in the amount of $12,000 to Gulf Coast Legal Services, Inc., for salary support to implement the agency’s LegalAid to Preservation Housing Project.The project seeks toprovide legal assistance forlow and moderate- income residents ofClearwater who are victims of predatory lending practices, foreclosure rescue scams, persons who are experiencing or who have experienced discrimination and/or fraud in housing and to remedy these matters through negotiation, mediation or litigation and to assist residents in filing complaints regarding violations of Fair Housing Laws.The agency anticipates that they will serve100 people. SL2.1 –Provide funding in the amount of $12,000 toMartin Luther King, Jr. Neighborhood Family Centerfor salary support to implement the Project P.A.S.S. program that provide services to families who reside in the North Greenwood Community. The program provides children’s programs, family support, educational attainment, and improved economic status for low to moderate-income families. The agency’s overall goal is to assist 460 individuals. SL 2.1 –Provide funding in the amount of $10,000 to Paint Your Heart Out for minimal repairs prior to the home being painted. The program provides eligible homebuyers with exterior painting oftheir homes.The agency’s goal is to assist 25 homeowners. SL2.1 –Provide funding in the amount of $15,000 to the InterculturalAdvocacy Institute for salary support to implement aYouth Leaders Partnership Program. The program provides leadership and mentoring opportunities toyouth in the 6th and 7th grades. The program focus is toprovide the tools and resources necessary tohelp youth develop leadership skills plus a strong sense of identity and in turn,grow leaders from within the community to serve as role models fortheir peers and younger student population. The agency’s goal is to assist 27households. SL 2.1 –Provide funding in the amount of $50,000 to The Kimberly Home, Inc. to renovate a public facility for a daycare center.The renovations will transform a blighted building to a neighborhood asset that will provide daycare services to pregnant women. The center will be used to provide assessments, crisis intervention services, counseling, pre and post-natal education, case management, mentoring and other related services. The agency’s goal is to assist 150individuals. City of Clearwater, Florida 2014-2015Action Plan DH 1.1 -Provide funding in the amount of $18,000 to Pinellas Opportunity Council, Inc., for salary support toimplement the agency’s Chore Services Program. The programpromotes better livable opportunities by providing services tothe elderly and frail elderly. The services will help toalleviate blight and blighting conditions, reduce crime, and create a sense ofpride in their community by providing heavy household cleaning, yard work and minor repairs. The agency’s goal is toassist43 elderly households. DH 1.1,EO1.1 -Provide funding in the amount of $50,000to Religious Community Services, Inc., for renovations atGrace House. Grace House provides an emergency shelter program for homeless families.Funding to the Grace House will be used to renovate the buildingby replacing the roof, doors, installing a tankless, water heater with Energy Star rated appliances and providing A/C work.Grace House goal is to serve550 homeless families DH 1.1 and EO 1.1 –Provide funding in the amount of $50,000 to Directions for Living for office renovations. Renovations to include alterations of the medical assistant work room, plumbing of the exam rooms, renovation of the client reception area, renovations of the restrooms, meeting rooms and other offices. Direction for Living’sgoal is to serve 2,000 individuals. SL2.1 -Provide funding in the amount of $11,988to the Safety Harbor Neighborhood Family Center for salary support tooperate the Neighborhood Family Center.The Bridge the Gap project is a combination ofservices tohelp individuals and families survive, stay in their homes and stay together by providing food, clothing, hygiene products, baby needs, job training, and financial assistance. The agency’s goal is toassist 450families. DH 1.1 -Provide funding in the amount of $12,000 to WestCare GulfCoast Florida, Inc., for salary support tooperate theTurningPoint overnight shelter. The shelter provides an overnight facilityfor homeless persons under the influence of drugs and/or alcohol. It operates as an inebriate receiving and intervention program thatprovides fora 24-hour sobering up area, intensive case management and placement service.The agency’s goal is toserve 150homeless Clearwater individuals. DH 1.1 –Provide funding in the amount of$15,000 to the Homeless Emergency Project –Emergency Shelter for operational support to administer their emergency shelter programs. The program provides shelter, meals, case management, benefit advocacy, life skills training, vocation, medical, dental, mental health care, substance abuse treatment, transportation and referrals to other supportive service providers. The agency’s goal is to assist 1,020individuals. DH 1.1 –Provide funding in the amount of $18,000 to Religious Community Services, Inc. –Grace House in salary support to operate an emergency homeless-family program. The program provides eight weeks of shelter and services to families with children that are homeless or at risk of becoming homeless, with the goal of moving them into sustainable housing. The agency’s goal is to assist 550 families. EO 2.1 –Provide funding in the amount of $7,000 to Tampa Bay Community Development Corp. and Community Service Foundation to offer homebuyer counseling to families who desire to purchase a home in Clearwater. The program providespre- purchase and post-purchasecounseling. The agency goal is to assist 100 families. DH 2.1,DH 3.1,SL1.1,EO2.1,EO3.1 -Provide funding in the amount of $1,038,113to agencies in the City’s Housing Pool to acquire and/or develop real property, rehabilitate homes or rental units or provide downpayment and closing cost assistance toeligible low tomoderate-income City of Clearwater, Florida 2014-2015Action Plan families. Eligible agencies participating in the Housing Pool include:LargoArea Housing Development Corporation, Inc., Homes for Independence, Habitat for Humanity of Pinellas County, Inc., Habitat for Humanity CHDO, and Tampa Bay Community Development Corporation. DH 2.1,DH 3.1,EO2.1,and EO3.1 -Provide funding in the amount of $44,994to eligible Community Housing Development Organizations to acquire and/or develop or rehabilitate real property. Description of Activities Figure 3describes the outcome measures for activities in accordance with Federal Register Notice dated March 7, 2006, i.e., general objective category (decent housing, suitable living environment, economic opportunity) and general outcome category (availability/accessibility, affordability,sustainability). Figure 4shows the proposed activities forthe FY 2014-2015program year. GEOGRAPHIC DISTRIBUTION/ ALLOCATION PRIORITIES Areas ofLow/Moderate-IncomeConcentrations Figure 5 shows all ofthe CensusTractsand Block Groups located within the City of Clearwater that have a Low/Moderate-incomepercentage above 40 percent. The locations of CDBG eligible areas, very-low in- come and low-income areas are shown in Figures 6through 8. These eligible block groups can be viewed graphically in the CDBG EligibleAreas Map located in theAppendix of this report.As much as possible, the City of Clearwater aims to target CDBG funds on a community-wide basis with a focus in areas where the funds are mostneeded. TheCitywillallocateitsaffordablehousingfunds on a city-wide basis.The City will allocate its CDBG funds withintheCity’sdesignatedlow/moderate-income areasandNeighborhoodStrategyAreas. The City’s priority community development needs will continue to eliminate slum and blighting influences in the City’s threeNeighborhood Revitalization StrategyAreas: North Greenwood, Lake Bellevue(formerly known as South Greenwood)andtheEast Gateway District. City of Clearwater, Florida 2014-2015Action Plan Figure 3Specific Annual Objectives Specific Annual Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed Availability/Accessibility of Decent Housing (DH-1) DH 1.1 Assist persons at risk of becoming homeless/homeless CDBG 2014 Number of persons assisted 3,763 - 0% MULTI-YEAR GOAL 1,500 0% Affordability of Decent Housing (DH-2) DH 2.1 Retain the affordable housing stock CDBG HOME 2014 Number of housing units rehabilitated 18 - 0% MULTI-YEAR GOAL 115 0% Sustainability of Decent Housing (DH-3) DH 3.1 Increasethe availability of affordable housing CDBG HOME NSP SHIP PCHTF 2014 Number of housing units developed 2 0% MULTI-YEAR GOAL 105 0% Availability/Accessibility of Suitable Living Environment (SL-1) SL 1.1 Eliminateblighting influences and the deterioration of property and facilities CDBG HOME SHIP 2014 Number of structures/properties rehabilitated or demolished 18 0% MULTI-YEAR GOAL 3 0% Affordability of Suitable Living Environment (SL-2) SL 2.1 Increasethe access to quality public services and facilities CDBG 2014 Number of people attending the facilities/assisted 5,135 0% MULTI-YEAR GOAL 15,000 0% Sustainability of Suitable Living Environment (SL-3) SL 3.1 Reducethe isolation of income groups within areas through spatial deconcentration of housing opportunities and the revitalization of deteriorating neighborhoods CDBG HOME NSP SHIP PCHTF 2014 Number of people of various backgrounds receiving assistance throughout the city. 25 0% MULTI-YEAR GOAL 80 0% 8 City of Clearwater, Florida 2014-2015Action Plan Availability/Accessibility of Economic Opportunity (EO-1) Specific Annual Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed EO 1.1 The provision of jobs to low- income persons living in areas affected by those programs and activities under programs covered by the plan NSP3 2014 Number of low- income people hired through Section 3 Activities 5 0% MULTI-YEAR GOAL 5 0% Affordability of Economic Opportunity (EO-2) EO 2.1 Availability of mortgage financing for low-income persons at reasonable rates using non-discriminatory lending practices HOME NSP3 SHIP PCHTF 2014 Number of loans provided 25 0% MULTI-YEAR GOAL 100 0% Sustainability of Economic Opportunity (EO-3) EO 3.1 Access to capital and credit for development activities that promote the long term economic social viabilityof the community HOME SHIP NSP3 PCHTF 2014 Number of loan provided 44 0% MULTI-YEAR GOAL 2 0% Neighborhood Revitalization (NR-1) NR 1.1 Improving living conditions in the Neighborhood Revitalization Strategy Areas CDBG 2014 Number of people assisted in the NRSA 7 0% MULTI-YEAR GOAL 3 0% Other (O-1) O 1.1 % MULTI-YEAR GOAL % Other (O-2) O 2.1 % MULTI-YEAR GOAL % Source: City of Clearwater, Economic Development and Housing Department, June 2014 City of Clearwater, Florida 2014-2015Action Plan Figure 4 FY 2014-2015 Proposed Activities Activity Type Amount Housing Rehabilitation Cityof Clearwater Rehab Program Delivery Costs $110,000 Program Administration Community Development Block Grant (CDBG)$145,259 Home Investment Partnership Program & Program Income $38,839 State Housing Initiatives Partnership Program-Program Income $62,054 Pinellas County Housing Trust Fund Program –Program Income $ 500 Neighborhood Stabilization Program 3 –Program Income $500 Public Services Housing Counseling Program $7,000 WestCare Gulf Coast Florida, Inc.$12,000 Pinellas Opportunity Council, Inc. -Chore Services $18,000 Gulf Coast Legal Services, Inc. -Fair Housing $12,000 Community Service Foundation, Inc. -Fair Housing $4,000 Martin Luther King, Jr. Neighborhood Family Center $12,000 Safety Harbor Neighborhood Family Center, Inc.$11,988 Intercultural Advocacy Institute $15,000 Religious Community Services, Inc. –Grace House $18,000 Homeless Emergency Project $15,000 Paint Your Heart Out $10,000 Public Facilities and Improvements Religious Community Services –Grace House $50,000 The Kimberly Home $50,000 Directions for Living $50,000 Economic Development Economic Development –Program Delivery $10,000 Acquisition/Infill Housing-SF/MF City of Clearwater Infill Housing -Program Delivery $10,000 Housing Pool -SF/MF -DPA, Infill, Rehabilitation, New Construction $1,038,113 Largo Area Housing Development Corporation Community Service Foundation Habitat for Humanity of Pinellas County, Inc. Tampa Bay Community Development Corporation Habitat for Humanity CHDO HOME Program -CHDO Set-Aside (15% of Allocation)$44,994 Total Estimated Funding $1,745,247 **Funding for proposed activities include funding from entitlement allocations, program income and prior year funding Source: City of Clearwater, Economic Development and Housing Department, June 2014 City of Clearwater, Florida 2014-2015Action Plan Figure 5 CDBG Eligible Areas Census Tract Block Group Low/Mod Population Potential to Become Low/Mod Low/Mod Percentage 026905 2 15 15 100 026100 5 322 386 83.4 025902 2 809 1071 75.5 026400 2 996 1326 75.1 026601 2 539 720 74.9 026200 1 1264 1707 74.0 025504 3 42 59 71.2 025902 1 381 549 69.4 025404 1 487 707 68.9 025800 3 852 1262 67.5 026100 3 672 996 67.5 026200 2 256 396 64.6 026500 1 405 633 64.0 025401 3 275 431 63.8 026808 1 2412 3868 62.4 026905 3 877 1409 62.2 025902 4 407 683 59.6 025902 5 423 713 59.3 026808 2 1973 3431 57.5 026400 1 840 1484 56.6 026300 6 337 610 55.2 025405 1 530 978 54.2 026703 3 1009 1863 54.2 026300 1 449 844 53.2 025404 6 460 868 53.0 026300 2 667 1266 52.7 026100 2 345 663 52.0 026500 5 314 605 51.9 026602 2 908 1755 51.7 Source: 2013HUD Low and Moderate-incomeSummary Data Obstacles to Meeting Underserved Needs Thelack of available land and rapidlyrising housing prices will continue to putconstraints 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. Theneed for affordable rental projects will also increase as rents for higher-end apartment complexes increase. One obstacle that all communities facewith meeting underserved needs is thelack of resources. The City of Clearwater plans to review alternative sources of funds to help address the needs of City residents. Efforts will be made to submitgrant applications to Federal, state, and local resources. Specific grant applications could include Neighborhood Stabilization Programs, other Community Development Initiatives, Economic Development grants, Energy Efficiency grants, infrastructure improvements, and neighborhood enhancement/revitalization. Overview The housing market in Clearwater is slowly rebounding since the peak of the housing industry in 2007 and through the recession until 2011. The area is still in a buyer’s market. The median home value in Clearwater is $148,500, according to Zillow. Clearwater home values have gone up 13.8% over the past year and are projected to rise 6.2% within the next year. The median list price per square foot in Clearwater is $123, which is higher than the Tampa Metro area of $101. The median price of homes currently listed is $179,900 while the median price of homes that have sold is $161,635. The median rent price in Clearwater is $1,250, which is slightly higher that the Tampa Metro median of $1,199. Clearwater Market Snapshot The median single-family home listed price as of March 31, 2014 is $179,900. The median single-family home sales price as of March 31, 2014 is $166,000. The average property, as of April 2014, has been onthe market for about 128 days. The median price per square foot, as of May 7, 2014, is approximately $86. As of May 7, 2014, there are approximately 1,184 properties on the market. The median rent list price is $1,286 per month. City of Clearwater, Florida 2014-2015Action Plan The rent list price per square foot is $1.08. The percentage of homes with negative equity is 24.6%. The percentage of owner-occupied homes is 62.4% The percentage of renter-occupied homes is 37.6%. Affordable Housing Need According to estimates prepared by the Shimberg Center forAffordable Housing (2009), 32 percent of Clearwater’s households (15,435) are considered cost burdened as they pay more than 30 percent of their annual income for housing. Out of this total, 42 percent of the cost-burdened households (6,492) are severely cost-burdened, spending more than 50 percent of their annual income on housing. Twenty-seven percent of total owner households (7,843) are cost burdened. Of the total number of renter households, 41 percent are cost burdened. One and two-bedroom rental units comprise by far the greatest percentage of rental unit types in the Clearwater housing market. The number of three and four bedroom units has remained constant since 2005. This emphasis on one and two bedroom units indicates there are only a limited number of rental opportunities for larger families. The current economic downturn has presented several obstacles from unemployment and underemployment to foreclosures.The unemployment rate in the Tampa, St. Petersburg, and Clearwater SMSA is approximately 7%. As a result of the lost jobs several low to moderate-income families has lost their homes and rental units. The vacancy rate for rental housing in Clearwater is 8.04%. Overall, 12.16% of all Clearwater housing units are vacant. In April 2013, the City’s foreclosure rate was 10.92. In addition to the foreclosure crisis, the City has seen a 46% decrease in home values Overthelast three years. With the impact of lack of revenues produced by the economic downturn, the need for social services has increased. The City of Clearwater will continue to work with public service providers in an effort to expand service and become more of a resource for these providers. Foreclosures There are currently 2,097 properties in Clearwater that are in some stage of foreclosure (default, auction, or bank owned) while the number of homes listed for sale on Realty Trac is 1,546 (site accessed May 20, 2014). Of the current distribution of foreclosures, 33.3% are in pre- foreclosure, 5.9% were on auction, and 82.1% were bank owned. In April 2014, the number of properties that received a foreclosure filing in Clearwater was 21% higher than the previous month and 27% higher than the same time last year. Home sales for March 2014 were up 26% compared with the previous month, and down 3% compared with a year ago. The median sales price of a foreclosure home was $81,150 or 14% lower than non-distressed home sales. Residential Development in the City Construction of new homes is also beginning to show life. Since January 2012, 67 new single- family homes have been built. However, the majority of the homes were being built by one entity, Habitat for Humanity. In addition, 40 new townhome units were built with 31 units being developed at Country Club Townhomes located in downtown in the East Gateway District. There were six new multi-family complexes developed. They include Sunset Point Apartments (HUD- assisted affordable), Broadstone Clearwater Apartments, Lakeside at Park Place (rental), Bay View Gardens and the Finale on Sand Key (condo). City of Clearwater, Florida 2014-2015 Action Plan City ofClearwater, Florida 15 2011-2012Action Plan Figure6CDBG EligibleAreas Map Figure7Low-incomePersons Map City of Clearwater, Florida 2014-2015Action Plan Figure8Very-LowIncomePersons Map City of Clearwater, Florida 2014-2015Action Plan Public Housing The Public Housing Authority for the City of Clearwater is the Clearwater Housing Authority (CHA). The CHA aims to build communities with innovative programs, sustain a dignified and desirable environment and create alliances to nurture self-sufficiency. The CHA’s public housing program provides federally-subsidized rental properties. Residents pay only a portion of their rent based on income. Their mission is to lead in creating housing opportunities to enhance the lives of those they serve. The CHA has developed a 5-Year Plan for the 2010-2015 fiscal years. AccordingtotheFiscal Year2010Five-Yearand Annual PHAPlans for the CHA, the following specific goals will enable the agency to serve the needs of low and very-low income, and extremely-lowincome families over the next five years: 1. Apply for additional Housing Choice Vouchers when available and applicable. 2. Continue tosearch foraffordablehousing opportunities and when practical, utilize available Replacement Housing Factor increments. The CHA manages 202 units and 1,340 Housing Choice Vouchers. The 202 units are scattered site properties with the units (200) being located in two high rise properties that are for families 50 years and older. In addition, the housing authority has three affordable mixed-income properties in Clearwater. Main Street Apartments is a garden- style, three-story walk up apartment family community consisting of 204 units. Pineview Apartments is also a garden-style, two-story walk- up apartment family community consisting of 50 units. The Hampton at Clearwater has 275 high- rise apartments for people 55 and older. Out of these, 529 units, 309 units are assisted or subsidized. The CHAhas an ongoing management program in place to involve residents in its operations. CHAis recognized throughout the stateand nation as being a very progressive housing authority. Income- eligible residents of CHA’s programs are eligible for all of the City’s affordablehousing programs shown in Figure 9. The CHA assisted 1,112 families per month through its Housing ChoiceVoucher Program in 2013. The total expenditures for the program were $10,099,449 which included Housing Assistance Payments of $8,943,876. CHA’s public housing expenditures were $1,771,348. CHA purchased a 13-unit property located in Clearwater which they intend to rehabilitate and lease to low-income residents with preference for homeless families or youth aging out of foster care. The City’s Public HousingAuthority is not listed as troubled by HUD. The Clearwater Housing Authority’swebsiteis http://www.clearwaterhousingauth.org/. City of Clearwater, Florida 2014-2015Action Plan Capital Homeless and Special Needs The Pinellas County Homeless Leadership Board (HLB) has been in place since February 12, 2012. The HLB is charged with the creation, implementation, and oversight/evaluation of a countywide comprehensivesystem of services to get homeless individuals and families stabilized and in permanent housing as quickly and effectively as possible. HLB’s mission is to prevent, reduce and endhomelessness in Pinellas County. The HLB is theby-product of the former Homeless Leadership Network (HLN) and the Pinellas County Coalition for the Figure9PriorityPublicHousingNeeds, City OfClearwater HousingAuthority PublicHousingNeedCategory PHAPriorityNeed Level HighMedianLowNo SuchNeed Estimated Dollars toAddress Restoration andRevitalization *BTStructural Improvements Currently Underway Capital Improvements - - Modernization - - Rehabilitation - - Other (Specify) - - *BT –Window replacement with structural improvements, re-stucco and repair to Barbee Towers $65,936 -*BT–Paint and reseal exterior to Ralph RichardsTower $30,000 Management andOperations -Operations $165,000 -Physical NeedsAssessment $20,000 ImprovedLivingEnvironment Neighborhood Revitalization (non-capital) - - Capital Improvement - - Safety/Crime Prevention/Drug Elimination - - Other (Specify) Computer hardware/software systemsupgrades $50,000 EconomicOpportunity Resident Services/Family Self Sufficiency - - Other (Specify) - - Total $330,936 Source: City of ClearwaterHousing Authority2014 City of Clearwater, Florida 2014-2015Action Plan Homeless, Inc. (PCCH). The PCCH worked tirelessly for more than 28 years to coordinate homeless services among the 25-plus provider organizations; the two organizations then worked together from 2006 –2012 to implement the Pinellas 10-Year Plan to End Homelessnessand to oversee homeless services. The HLB is theleadership entity for the provision of streamlined, action-oriented, results-oriented homeless servicesand is accountable to funders and the community for reducing homelessness and getting people in stable housing. It has assumed the roles and responsibilities of the former HLN and PCCH, and has added the goal of creating and implementing a true homeless/at-risk system of being homeless services for individuals, families, unaccompanied youth, chronic homelesspersons, and veterans. The HLB is the lead agency for the Pinellas County/St.Petersburg/Clearwater/Largo Continuum of Care(CoC). The HLB willcontinue to provide previous PCCH services such as the annual Point-In-Time Homeless Count, and the Cold Night Shelter program. It will monitor performance outcomes for HUD-funded providers, based on whether the services actually helped individuals and families gain permanent housing; every provider will be held to those outcomes, and funding decisions and recommendations will be based on performance. The HLB will be accountable to the system funders and the communityfor the outcomes of the homeless services and for the reduction in homelessness in Pinellas County. Homeless Needs The following narrative is based on the HUD- approved data for 2014Point in Time(PIT) Homeless Surveyin Pinellas County. The primary goal of the Point-in-Time (PIT) count of homeless individuals is to obtain an accurate as possible estimate of the number of homeless individuals in the community on a given night. HUD requires that local CoC’s conduct an annual count of “sheltered” homeless persons (individuals in emergency shelters, transitional housing and safe havens). “Unsheltered” individuals, those found to be staying in “places not meant for human habitation” (e.g., parks, bus shelters, cars, etc.), must be counted every other (odd-numbered) year. The 2014 Pinellas County Point-In-Time study sought to accurately count both sheltered and unsheltered homeless individuals and families. Pinellas chose January 23, 2014 on which to conduct this year’s count which asked respondents where they stayed on the night of Wednesday, January 22, 2014. Throughout the day, volunteer surveyors interviewed homeless and at-risk individuals and families to capture a broad range of information concerning demographics, living arrangements, education, employment status and several other key factors. Collection and analysis of this data is intended to help stakeholders obtain resources, develop community initiatives and understand how to best provide services to people who are homeless or are at-risk of homelessness in Pinellas County. According to the 2014 Point-In-Time Count numbers reported to HUD, the total homeless population of the St. Petersburg/Clearwater/Largo/Pinellas County Continuumof Care was 3,391. However, HUD’s definition of homelessness does not include those individuals and families who are considered to be at-risk of becoming homeless: those who were living in the residence of another due to the inability to obtain their ownpermanent housing (often referred to as the “doubled-up” population), and individuals or families residing in hotels that were paid for by other means outside of public or charitable funds. In order to provide local stakeholders with critical City of Clearwater, Florida 2014-2015Action Plan informationfor accurately assessing resource needs and deployment, these populations are included in the Pinellas County definition of homelessness. Using these parameters, Pinellas County counted 5,887 people as homeless, out of which 2,526 (42.9%) were children. There were 2,117 sheltered individuals and 1,105 unsheltered individuals, for a total of 3,222 homeless individuals. On the other hand, there were 2,497 sheltered childrenand 49 unsheltered children, for a total of 2,526 homeless children. Another goal of the PIT is to determine the extent of homelessness among specific HUD-defined subpopulations such as veterans, chronically homeless, persons living with HIV/AIDS, severely mentally ill, foster care, and those with disabilities. There were 474 chronically homeless individuals, and 1,051 persons who self reported a disabling condition. The 2014 Pinellas PIT count identified a total of 588 homeless Veterans and 252 homeless victims of domestic violence. Regarding disabilities among the homeless population, 810 individuals had a serious mental illness, 614 had a substance use disorder, 485 had a physical disability, 87 had a developmental disability, and 18 had HIV/AIDS. The data included in the point in time count is primarily reflective of Pinellas County as a whole, and not specifically for the City of Clearwater. In determining the unmet need for the homeless population, Figure 42,in the 2011-2016 Consolidated Plan displays 1,650 beds available for individuals. The total number of individuals identifiedin the 2014PIT count is 1,105.It can be assumed that the current inventory of beds is adequate to serve this population. For families, the number of available beds is 601 with a PITcount of 2,526 homeless children. The current inventory of beds is notadequate to serve this population. ProposedHomeless Projects toaddress needs: • Provide funding in the amount of $50,000to Religious Community Services, Inc., for renovations atGrace House.This facility offers transitional housing and related support services forhomeless families. Funding to Grace House will be used to renovate the building by replacing the roof, doors, installing tankless water heaterand providing A/C work. Grace House’s goal is to serve 550 homeless families. Provide funding in the amount of $18,000to Religious Community Services, Inc. –Grace House in salary support to operate an emergency homeless-family program. The program provides eight weeks of shelter and services to families with children that are homeless or at-risk of becoming homeless, with the goal of moving them into sustainable housing. The agency’s goal is to assist 550 families. Provide funding in the amount of $15,000 to the Homeless Emergency Project –Emergency Shelter for operational support to administer their emergency shelter programs. The program provides shelter, meals, case management, benefit advocacy, life skills training, vocation, medical, dental, mental health care, substance abuse treatment, transportation and referrals to other supportive service providers. The agency’s goal is to assist 1,020individuals. • Provide funding in the amount of $12,000 to WestCare GulfCoast Florida, Inc., for salary support tooperate theTurningPoint overnight shelter. The shelter provides an overnight facility forhomeless persons under the influence of drugs and/or alcohol. It operates as an inebriate receiving and intervention program thatprovides fora 24-hour sobering City of Clearwater, Florida 2014-2015Action Plan up area, intensive case management, and placement service. The agency’s goal is to serve 150homelessClearwater individuals. Non-Homeless SpecialNeeds Population Special populations, such as the disabled or populations living with HIV/AIDS, face particular obstacles when it comes tohousing. Oftenliving on fixed incomes or burdened by medical expenses, housing opportunities are typically limited. The U.S. Census Bureau defines disability as a long-lasting sensory, physical, mental or emotional condition.This condition can make it difficult for a person to do activities such as walking, climbing stairs, dressing, bathing, learning, or remembering. It can also impede a person’s ability to go outside the home to maintain a job. Disability includes persons with severe vision and/or hearing impairment. According to the U.S. CensusBureau,2008-2012 American Community Survey: •Of the 19,800 citizens under the age of 18 in the City, 850 or 4.3 percent of individuals had some kind of disability; •Of the 65,200citizens between the ages of 18and 64 years old in the City,6,517 or 10 percent of individuals hadsome kind of disabilityand; •Of the 22,033citizens65 years or older in the City, 7,377 or 33.5percent of individualshad some kind of disability. Currently, there are a number of agencies within the region thatprovide programs forthe disabled. Family Network on Disabilities, Inc.,Abilities of Florida, Inc., AlternativesatWork,ARC Upper Pinellas, and Gulf Coast Jewish Family Services are the primary service providers forthis population. While all of these agencies offer programs that encourage self- sufficiency, including job training and assistance in locating affordable housing, few of these programs have dedicated housing stock for the disabled. This special needs population could be underserved in the City ofClearwater given the limited resources for housing specifically. According to the U.S. Department of Health and Human Services Centers for Disease Control and Prevention, approximately 1.1 millionAmericans are living with HIV, the virus that causesAIDS, and one-fifth of those infected are unaware of their infection.According to the Pinellas County Health Department 2009 HIV/AIDS demographic information for Pinellas County, there are 155 reported cases of AIDS in Pinellas County. In addition, there are 184 reported cases of HIVin Pinellas County. Based on the percentage of persons living in Clearwater’s below the poverty rate in Clearwater, it is estimated that roughly 5 persons with HIV/ AIDS may need supportive housing. The State of Florida Housing Opportunities for PersonswithAIDSprogram(HOPWA)doesnot offerany services in Pinellas County forpersons living with the HIV/AIDS virus. However, the State of Florida offers HOPWAprogram services in Tampa, approximately 15-20 miles from the City. Additionally, the Pinellas County Health Department, through its Patient Care,AIDS Drug Assistance Program (ADAP), and HIV/AIDS Surveillance, is the primary service provider forthis special needs population. However, the Health Department does not provide services related to housingspecifically. Anumber ofspecialized services are provided through various agencies in Clearwater. The City will continue tonarrow the gap in services provided tocitizens with special needs. The City shall support efforts, either financially or otherwise, to meet the needs of this population. Projects thatutilize diverse sources offunding will be granted a higher priority. Adescription ofthe City’s existing services and programs dedicated tohelping those with special City of Clearwater, Florida 2014-2015Action Plan needs follows.Additionally, the City coordinates with other agencies toprovide services if such ser- vices are not provided by the City ofClearwater. Elderly& FrailElderly The elderly and frail elderly are assisted through City, County and non-profit agencies. Pinellas County,Department ofHealth andHuman Services provides a significant number of services, from hot meals to transportation, in partnership with community organizations and Federal, State and local funding sources. Local service providers for the disabled include AbilitiesofFlorida,Inc.,a non-profit 501(c) 3 organization located in Clearwater. Abilities of Florida, Inc. offer employment and vocational rehabilitation services to people with disabilities. In addition, they offeroutsourcing labor options to businessesand government agencies in a variety of fields. Additionally, GulfCoast JewishFamilyServices is a non-profit 501(c) 3 organization located in Clearwater. Gulf Coast Jewish Family Services provides service to infants, children, families and elders in serious physical, mental, medical, social andfinancial crisis, allowing persons to remain free and independent with families and loved ones. Services include case management, homemaker services, affordable housing, mental health servicesand job training. SubstanceAbusers In Florida, services for persons with Substance Abuse disorders are coordinated by various agencies within the State ofFlorida,Pinellas County and the City ofClearwater. Florida Department ofChildrenandFamilies has several programs thatcan aide Florida families and individuals. The Department of Children and Families provides programs called Substance Abuse & Mental Health (SAMH).The Department’s SAMH programs are administered statewide, through 20 circuits, which are grouped into six regions. Acquired Immune Deficiency Syndrome (AIDS) The Pinellas County Health Department provides services for those infected with HIV or having AIDS. The Pinellas County Health Department has over 12 years ofexperience providing health care to persons living with HIV and/orAIDS. Pinellas County Health Department has programs broken down into various categories: Patient Care The Pinellas County Health Department HIV/ AIDS Program was established in 1997.TheAIDS patient care clinic is funded privately and publically through privatedonorshipand stategeneral revenue dollars. The clinic is contracted toprovide care to 250 clients however, Pinellas County Health Department has reported that the County is presently seeing over 800 clients.The Patient Care Clinic also provides patient care, HIV counseling and testing, case management, nutritional services, etc. TheAIDSDrugAssistance Program (ADAP) ADAPassists HIV positive persons stay healthy by providing financial support with the purchase of HIV prescription medications for people who do not qualify for Medicaid, or have private health insurance, or are awaiting Medicaid eligibility. HIV/AIDSSurveillance Pinellas County Health Department provides education though community presentations and street outreach. In addition, the Health Education department provides HIV/AIDS training to health care professionals, provides technical assistance to community-based agencies, maintains a re- source library of HIV/AIDS educational videos and materials and conducts media relations to ensure release of current HIV/AIDS information. JailLinkageProgram The Pinellas County Jail Linkage Project is a program inaugurated in Pinellas County by the Pinellas County Health Department and has City of Clearwater, Florida 2014-2015Action Plan been in operation since 2001.The Pinellas County Jail Linkage Project conducts risk assessments to inmates to determine those who may be at high risk of infection.The Pinellas County Health Department provides prevention/education and testing of those individuals who may otherwise “slip through the cracks” of the system. VictimsofDomestic Violence TheHaven ofReligiousCommunity Services (RCS)provides safe housing, outreach and case management tosurvivors ofdomestic violence through the Pinellas County area.RCS is a 501(c) (3) nonprofit corporation that has been in operation since 1967. The City has given the non- homeless special needs populations, who require supportive facilities/housing, a medium priority and intends to continue tosupport activities in this area as we are presented with projects and/or as we identify activities. Within this group, the elderly are being given the highest priority. Non-Homeless Special NeedsProjects Provide funding in the amount of $18,000 to Pinellas Opportunity Council, Inc., for salary support to implement the agency’s Chore Services Program. The program promotesbetter livable opportunities by providing servicesto the elderly and frail elderly. The services will help to alleviate blight and blighting conditions, reduce crime, and create a sense of pride in their communityby providing heavy household cleaning, yard work and minor repairs. The agency’s goal is to assist 43elderly households. Barriers to Affordable Housing The City ofClearwater is sensitive tothe effects thatpublic policies have on the costofhousingas well as those thatserve todissuade development, maintenance or improvement of affordable housing. Although some ofthe barriers tothecostofproducing affordable housing are beyond the controlof local government, it is hoped that City policies do not create more barriers. The City works to establish positive marketing strategies and program criteria increasing housing choices for households with limited incomes, to provide geographical choice in assisted housing units, and to improve the physical quality of existing affordable housing units.The City has identified regulatory, transportation and financing issues as barriers to affordablehousing. The City ofClearwater will continue toavoid all barriers to affordable housing. In many municipali- ties, the following programs and policies have the potential forcreating barriers toaffordablehous- ing, and thus,are a matter of interest for the City: • Land Development Regulations:The City of Clearwater LDR is free of barriers to affordable housing. It is a useful tool designed to promote the health, safety and welfare of its residents. Itdoesnotcontainanyrestrictive,exclusionary zoning or excessive subdivision controls that would impose barriers toaffordablehousing. •Building Codes:The City adheres to the State guidelines code books, designed to ensure that dwelling units are structurally sound and safe for their inhabitants. CABO (Council of American Building Officials) guidelines are used forone and two-family dwelling units. Such building codes do not include any codes which are insensitive tothe older housingstock of the City. •Approval and Permitting Systems:The City does not utilize slow procedures thatare burdensome and uncoordinated, nor does the City impose repetitive reviews that require developers to incur high costs and lose valuable time. •Manufactured and Modular Housing: The City permits manufactured and modular housing as long as the development is consistent with the City’s LDR and Comprehensive Plan. The LDR does not City of Clearwater, Florida 2014-2015Action Plan impose restrictive barriers on these types of new construction. •Redlining and Secondary Market Practices: The City does not use such practices. • Code Enforcement:The City has no systematic housetohouse code enforcement program.A complaint-based code enforcement process is available topeople who call Development Services seeking help.As a result,there are no code enforcement activities that are excessive, exclusionary, or discriminatory. • Policies thatAffect the Return on Residential Investment Including SupportiveHousing: The City has no policies thataffectthe return on residential investment. Asa result there are no such policies that are excessive, exclusionary, and discriminatory. Other Actions Lead-Based Paint Throughout the fiscal year,the County Health Department screens and tests school children for lead poisoning. The City will continue totestall buildings built before 1978 forlead-based paint in all its housing programs. The City follows procedures as specified in applicable regulations.The Department and its representatives provide all required notifications to owners and occupants and inspect fordefective paint surfaces ofpre-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 ofagehave 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 tofederal requirements.An EPA-certified staff member orders and reviews paint inspections, risk assessments and clearance testing ofsuspect properties doneby licensed testing professionals. In every program where Federal funds are ex- pended on a housing unit, the City incorporates the current procedures forhazard reduction or LBPabatement guidelines as defined in 24 CFR Part35. Aproblem thatimpacts the rehabilitation ofowner- occupied housing units is the presence oflead- based paint if the home was built prior to1978. The costsforthe treatment or removal ofthese conditions can be minor forencapsulation to major 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 tothe rules ofthe federal programs. Should lead hazards be found, the City will discuss the options with the homeownerto eradicate the lead presence. The City provides loans to eligible households for lead abatement. Lead-based paint is defined as paint containing one milligram per square centimeter (1 mg/cm2) of lead, or 0.5 percent lead by weight.The definition of a lead-based paint hazard is any condition that causes exposure tolead from lead-contaminated dust, soil, or paint that is deteriorated or present in/onaccessible surfaces, friction surfaces, or impact surfaces thatwould result in adverse human health effectsas established by the appropriate federal agency. Although lead is known to cause adverse health effects in both adults and young children, children (particularly those under the age of 7) are at a greater risk to lead-based paint hazards. Severe lead exposure in children, which is quantified as having blood lead levels greater than or equal to 880 micrograms per decilitercan lead to convulsions, a coma, or even death. High levels of lead exposure can also cause mental retardation, kidney damage, as well as damage to the central nervous system, brain, and blood forming tissues. Figure 55 displays thatthe number oflead-poisoning cases among children has been in long term decline City of Clearwater, Florida 2014-2015Action Plan within the County, declining from 311 new cases in 1993 toonly 30 in 2007. Public and private efforts are currently underway with the Pinellas County Public Health Department taking the lead in addressing lead poisoning in the community. The department has received a grant from the Centers for Disease Control and Prevention. During the years 2000- 2007, 34,674 children were screened forlead poisoning throughout Pinellas County by local- pediatricians and health care facilities. One hundred thirty-four cases oflead poisoned children were identified.This program will continue to be expanded, especially in the already identified high risk target areas. The City has recently done extensive research to obtain educational and outreach materials pertaining to lead-based paint. We have placed many brochures, education materials and useful links on our website forcitizens toaccess. City of Clearwater, Florida 2014-2015Action Plan Figure10PinellasCountyNew Case Rate, 1997-2011 Year New Cases (#)TotalScreened 1997 104 6,196 1998 73 6,614 1999 60 5,581 2000 47 5,249 2001 31 4,939 2002 16 5,605 2003 25 6,479 2004 14 4,378 2005 11 2,689 2006 6 2,684 2007 30 2,651 2008 7 4,658 2009 3 4,752 2010 2 5,194 2011 5 3,694 Total 434 71,363 Source: Florida Department of Health for Pinellas County Public Health Department FairHousing In 1995, HUD announced that entitlement communities, communitiesreceiving direct federal funding from Community Development Block Grant, HOME Investment Partnership and Emergency Shelter Grant programs, must conduct a study of existing barriers tohousing choice. This requiredstudy is referred to as theAnalysis of Impediments (AI) and is part of entitlement communities’consolidated planning process. The purpose of theAI is to examine how state and local laws, and private, public and non-profit sector regulations, administrative policies, procedures, and practices are impacting the location, availability, and accessibility of housing in a given area.TheAI is not a Fair Housing Plan; it is an analysis ofthe current stateoffair housing choices in Clearwater and identifies specific barriers that need tobe addressed if future fair housing initiatives are tobe successful. Each jurisdiction receiving federal funds must certify that it is affirmatively furthering fair housing. The certification specifically requires jurisdictions toconduct an analysis ofimpediments tofair housingchoice within the state or local jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis andactions in this regard. On July 22, 2010, the Cities of St. Petersburg, Largo and Clearwater and Pinellas County pro- cured the services of J-Quad Planning Group, a fair housing consultant, to conduct an analysis of impediments tofair housing choice foreach entity. TheanalysisoffairhousingchoiceintheCityhas identified impediments, through a study methodology that included conducting focus group sessions, the constructionofademographicanalysisresulting in a community profile and fair housing index, analysis of the Home Mortgage DisclosureAct (HMDA) datafor theCityandPinellasCountyandafair housinglaw andpublicpolicyandprogramreview. TheCity’scommitmenttofurtheringaffordable housing through planning and CDBG/HOME programdesignandimplementationisnoteworthy. Theseeffortswillcontinuetohelpmaintainstability andstrengthenitsolderandlower-incomeareas. The City and its nonprofit partners are encouraged to expandtheseeffortsintootherneighborhoodsas a primarymeansofexpandingfairhousingchoice. Banking,Finance,Insurance andOther IndustryRelated Impediments Impediment:Impacts of the Sub-prime Mortgage Lending Crises and Increased Foreclosures. Remedial Action: Continue to work with the State, National Non-Profit Housing Intermediaries, Federal Home Loan Bank, other lenders and HUD toevaluate programs and identify funding thatcan help reduce the mortgage default rate and fore- City of Clearwater, Florida 2014-2015Action Plan closure rates among low-and moderate-income home buyers and existing home owners. Impediment:Low number of loan applications from minorities and low origination rates forminority applicants. RemedialAction:Continue homebuyer outreach and education efforts. Expand homeownership and credit counseling classes as partofa high school curriculum tohelp prevent credit problems later in life. Impediment:Predatory lending and other industry practices. RemedialAction:Continue to encourage financial institutions toassist low-tomoderate-income persons by establishingor reestablishing checking, savings, and credit accounts for residents that commonly utilize check cashing services through bank initiated “fresh start programs” for those with poor credit and previous noncompliant bank ac- count practices. Socio-EconomicImpediments Impediment:Poverty and low-income among minority populations. RemedialAction:Continue to work on expanding job opportunities through the recruitment of corporations, the provision of incentives for local corporations seeking expansion opportunities, and the assistance with the preparation ofsmall business loan applications. Support agencies that provide workforce development programs and continuing education courses toincrease the educationallevel and job skills of residents. NeighborhoodConditionsRelated Impediments Impediment:Limited resources to assist lower income, elderly and indigent homeowners maintain their homes and stability in neighborhoods. RemedialAction:Continue tosupport and expand program of Self-Help Initiatives based on volunteers providing housing assistance todesignated elderly and indigent property owners andassist them in complying with municipal housing codes. Involve volunteers, community and religious organizations/institutions and businesses as a means of supplementing financial resources for housing repair and neighborhood cleanups. PublicPolicyRelated Impediments There were no Public Policy Related Impediments. The City funds programs thatofferfree classes for persons desiring tobecome homeowners.The Pinellas Realtor Organization subscribes to the VoluntaryAffirmative MarketingAgreement (VAMA) and works to educate its members about Fair Housing.Training and marketing materials have been videotaped and translated into AmericanSign Language and Spanish.The City promotes home ownership and education at various homebuyer fairs and expositions. The City also provides funding tothe Community Service Foundation to provide Fair Housing Education. In addition to the Human Relations Department, the City is working with Pinellas County Realtors through the VAMAProgram to further fair housing opportunities in real estate transactions. Tofurther these efforts of the VAMA, the Pinellas County Board of Realtors enlisted the services of the Community Housing Resource Board to focus on the federal, state and local enforcement agencies, housing industry groups and volunteer community groups working together to promote fair housing practices. These effortsinclude: • Providing public information on fair housing • Assessing community fair housing needs and identifying local problems and issues that impede equal housing opportunity • Evaluating performance and effectiveness of the VAMA • Expanding minority involvement in the real estate industry City of Clearwater, Florida 2014-2015Action Plan • Expanding public awareness of housing opportunities in the community • Developing cooperative solutions to problems associated with implementation of the VAMA • Continued support of the Pinellas County Human Relations Department, Pinellas County Board ofRealtors, and the Community Housing Resource Board • Continued to work with the local committee of Americans with Disabilities to view housing related issues for homeowners, renters, or homebuyers with disabilities. • Provided funding in the amount of $12,000 to Gulf Coast Legal Services to implement a fair housing program thatofferscounseling services, initial needs assessment, rental eviction intervention, and marketing of fair housing programs. The agency assisted 100 individuals. • Provided funding in the amount of $4,000 tothe Community Service Foundation to administer a fair housing program. The agency assisted 60 individuals. The Pinellas County anti-discrimination effort focuses on public information and enforcement of fair housing regulations and the County’s Human Rights Ordinance.The County publishes a Housing Resource Directory that includes an overview of fair housing law, information about reasonable accommodation and accessibility, and a list of state and local enforcement agencies. The County produces a brochure entitled, Fair Housing in Pinellas County, and distributes approximately 5,000 copies annually. Below market rate mortgages, down payment and closing cost assistance are readily available through the County’s Housing FinanceAuthority and through other agencies. The County is also active in providing and promoting affordable housing, providing low-cost funds for home purchase or repair, and modifications to homes to make them accessible to persons with disabilities. The City directs significant resources to expand the supply ofaffordablerental housing and partners with a variety of for-profit and non-profit developers and the Housing FinanceAuthority of Pinellas County. The City also assists developers with a variety ofincentives aimed atreducing development costs, impact fees, and regulatory impediments. The City encourages mixed-income, multi-family developments todevelop affordablehousing in areas thatare not predominantly low tomoderate- income as part ofa continuing effortto deconcentratepoverty. Funding is denied to developers who do not provide mixed-income housing where the effectcould be toracially or economically segregate low-incomehouseholds. Anti-Poverty Strategy Income levels are a good way to measure the relative economic health ofa community. Three measures of income (median household income, median family income, and per capita income) are recorded by the U.S. Census. Household income is a measure ofthe total incomes ofthe persons living in asingle household. Family income is a measure ofthe total incomes ofa family unit and does not include non-family units, such as a single person living alone, and for this reason is typically higher than household income. Per capita income is a measureofthe incomes ofevery person in a specific area. Because per capita income is based on all individuals, these statistics are typically lower than those based on household or family incomes. Figure 9, Income and Poverty 1990-2000 on page 10 in the 2011-2016 Consolidated Plan, shows these measures applied tothe City ofClearwater in both the 1990 and 2000 censuses. The 1990 statistics have been adjusted for inflation. As shown in Figure 9 in the 2011-2016Consolidated Plan, the City of Clearwater reported increases in all Median Household Income, Median Family Income and Per City of Clearwater, Florida 2014-2015Action Plan Capita Income between 1990 and 2000, with Median Family Income being the highest increase (3.2 percent). Other surrounding communities experienced moderate increases in all three income categories, with the exception of the City of Largo, which experienced a 1 percent decrease in Median Household Income from 1990 to2000. For the City of Clearwater, the poverty level increasedfrom 10.6 percent in 1990 to12.3 percent in2000. Everyother surrounding community saw both the poverty level increase and decrease over the 10-year period. However, at 12.3 percent in 2000, the City of Clearwater’s poverty level is high when compared tothe surrounding communities. Pinellas County reported aslight increase in poverty from 9.5 percent to 10 percent, while Florida reported a slight decrease in poverty from 12.6 percent to12.5 percent. The City ofClearwater participates in theTampa Bay Partnership, the regional Economic Development agency and Enterprise Florida, the Statewide Economic Development entity; and has its own Economic Development Program.The Tampa Bay Partnership internationally recruits companies to locate to theTampa Bay region.They provide a full range ofbusiness relocation assistance programs and utilize stateand local incentive programs to help in this process.There are also Small Business Development Centers at Pinellas County Economic Development offices and at USF. TheTampa Bay Partnership works with a network of educational agencies toprovide customized job training programs forthe business community. The area’s Workforce Development Board, Career Source Pinellas, provides job training/employment skills to low-income residents. Institutional Structure The City continues to work with the various providers and partners oftheir programs in an effortto expand its services and opportunities and to make small, continuous improvements to the process and continue tosolicit input from all organizations involved in the process. 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 topartner with the City to provide affordablehousing. 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 ofthe 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 a county-based non-profit organization thatprovides counseling and safe shelter for run-away youths (Family Resources). The City has developed a wide network of service providers thatassist the City with implementing its housing, community and economic development programs. Ourservice providers include such organizations as: • Tampa Bay Community Development Corporation • LargoArea Housing Development Corporation • Pinellas Habitat for Humanity • Community Service Foundation • Abilities of Florida, Inc. • The Kimberly Home, Inc. • Religious Community Services, Inc. • Gulf Coast Legal Services, Inc. • Safety Harbor Neighborhood Family Center, Inc. • Westcare of Florida • Homeless Emergency Project • Pinellas Opportunity Council –Chore Services • Martin Luther King Jr. Neighborhood Family Center • InterculturalAdvocacy Institute The City’s service delivery systemcontinuesto work City of Clearwater, Florida 2014-2015Action Plan well. Communication and coordination between the providers is excellent. Many agencies will refer clients tothe various other providers. Many ofthe Social/Public Services providers are members of the Pinellas County Coalition forthe 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 nonprofits, 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 find 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 Sufficiencyadministers a self-sufficiency program that provides housing and educational opportunities to single-parent, low-income households. Under the program the Clearwater HousingAuthority pro- vides 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 fora down paymenton a home.The City’s Housing Division, and other approved housing providers, would further assist them with obtaining housing opportunities. The City continuesto look for ways to improve and enhancethecoordinationbetweenourservice providersandroutinelysolicitsinputfromthe providers andclientsonhowthesystemcanbe improved. The City of Clearwater has identified the following institutional structure through which it will carryout its affordableand supportive housing strategy. The structure includes organizations from several backgrounds.These organizations represent private firms, local, non-profit agencies and local and state agencies. The most important firms are local financial institutions and contractors. Financial institutions include savings and loans and banks. Many home loans forrehabilitation and housing purchase are made by banks and savings and loans. Home loans for rehabilitationare made by credit unions. Contractorsperform housing rehabilitation and build new houses. Some local non-profit agencies are responsible for assisting homeless persons and households; other non-profit agencies rehab and repair owner occupied houses and rental units forlow-income occupancy. Home maintenance skills are provided to households. Subsidies for home acquisition are provided. Legal help and fair housing assistance are also provided. Public agencies include city, county and state governments.City government provides financial aid torehabilitate renter-and owner-occupied units and staff to enforce housing codes.The Housing Commission operates units in the City tohouselow- income households. For 2011-2016 there are several ongoing effortsto enhance coordination between various providers of services, facilities and affordable housing for low-income persons and homeless persons, and between providers ofhousing rehabilitation and these services and facilities. Coordination between public agencies providing housing resources takes several forms.The two agencies involved here are the Clearwater HousingAuthority and the City’s Economic Development and Housing Department. Coordination activities include the following: • Five-Year Consolidated Plan andAnnual Action Plan • ConsolidatedAnnual Performance Evaluation Report • Annual City budget preparation City of Clearwater, Florida 2014-2015Action Plan • Ongoing staff communication to solve common problems • Responding to HUD directives Monitoring Allsub-recipientswillreceivefederalandlocal regulations relating to their specific activity, along withanexplanationastohowtheseapplytothe particular project. Specific PerformanceAgreements will be executed with each sub-recipient, giving measurableobjectivesfortheeligibleactivity tobe carriedout. Eachprojectismonitoredonan ongoing basisandallpre-constructionconferences are attended by department staff. Documentation submitted with reimbursement requests is re- viewedforcompliancewithapplicableregulations andmeasurableobjectivespriortoissuingfunds. On-site monitoring ofselected sub-recipients will be scheduled and completed annually by the Accounting and Contracts Manager and/or the Project Manager.Achecklist will be completed and reviewed toinsure all aspects ofthe activity are carried out in accordance with applicable regulations. Afollow-up letter will be sent tothe subrecipientstating the outcome ofthe monitoring visit. In addition to the above documentation, any subrecipient determined tobe in need ofand/ or requesting additional training on how to meet grantee and federal requirements will receive technical assistance in the form deemed most appropriate tothe circumstances by theAccount-ing 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 toinsure compliance with all HOME requirements. Each sub-recipient will be monitored on site toverify that: • The minimum percent requirement for HOME- assisted units arebeing metunder the contract. • Eligible tenant occupancy meets the minimum percent requirement for HOME-assisted units under the guidelines. • Adherence to the contractual requirements regarding concentration of HOME units and special treatment of HOME tenants. • The Waiting List procedures are in compliance with the grant covenants. • Adherence to the Equal Housing Provisions of the contract. • Adherence to the MBE and WBE provisions of the contract. • The HOME-assisted units meet housing quality standards, and on-site files will be reviewed forthe 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 in compliance with contract provisions. The City recognizes thatmonitoring ofthis Consolidated Plan mustbe carried out on a regular basis toensure thatthe statutoryand regulatory requirements are being met. Further, it is critical to confirm that the information being reported to HUD through such mechanisms as the Integrated Disbursement and Information System (IDIS) is correct and complete. The City of Clearwater Economic Development and Housing Department is responsible for preparing annual reports detailing the progress of all of the strategies contained in the Consolidated Plan. This department will periodically monitor the implementation ofthese strategies toidentify areas requiring improvement. Clearwater will attempttomonitor the success of a couple ofprojects based on thenew regulations as stated in September 2003, CPD issued Notice City of Clearwater, Florida 2014-2015Action Plan 03-09, “Development of State and Local Perfor- mance Measurement SystemsforCommunity Planning and Development Formula Grant Pro- grams”.These benchmarks will be tracked over the time framecovered within this document. The performance ofall projects will be reported in the self-evaluation section ofthe ConsolidatedAnnual Performance Evaluation Report. The City ofClear- water will follow HUD’s mandates.To monitor the City’s overall progress, comments will be sought from a number ofexternal sources including the non-profit agencies to which Clearwater gives CDBG and HOME funding. Comments from these organizations will be solicited on the City’s annual performance. It is intended that this monitoring plan will reinforce the communication network between the City and the various housing and human needs agencies participating directly in the implementation ofthe Consolidated Plan or assisting in the provisionof service supporting the Plan’s strategies. The monitoring process will also ensure accountability, compliance and adequate progress from the various agencies funded as part of the City’s CDBG Program. Program Specific Requirements Community Development Block Grant Program In addition to the entitlement allocations listed above, the City maintains three Revolving Loan Funds which are set up to carry out specific activities.These include: the Housing Rehabilitation Revolving Loan Fund (City Fund #686), the Economic Development Revolving Loan Fund (City Fund #687) and the Infill Housing Revolving Loan Fund (City Fund #689). The Housing Rehabilitation Revolving Loan Fund includes payments made by homeowners who participated in the Rehabilitation Program and had their home repaired.TheEconomic Development Revolving Loan Fund includes payment made by for-profit business owners who participated in the Economic Development Program and obtained funds tostartup or maintain their businesses. The Infill Housing Revolving Loan Fund includes payments made by sub-recipients who borrowed funds topurchase vacant lots tobuild homes. Funds were repaid when the sub-recipient sold the home toan eligible homebuyer. In FY2014-2015, the City anticipates that the revolving fund balance will be $841,073.These funds include $293,851from the Infill Housing Revolving Loan Fund, $221,427fromthe Economic Development Revolving Loan Fund, and $325,795fromthe Housing Rehabilitation Revolving Loan Fund. All program income received in the preceding year has been identified in the previous plan. 1.Proceeds from Section108 loan guarantees that willbeusedduringthe year toaddress the priorityneeds and specific objectives identified in its strategicplan. The City does not use funding forSection 108 Loan Guarantees. 2. Surplusfundsfrom any urbanrenewal settlement for communitydevelopment andhousingactivities. The City did not participate in any urban renewal settlement. 3. Any grant fundsreturned tothe lineof credit for whichthe planneduse has not beenincludedina priorstatement or plan. The City did not return any grant funds from the line ofcredit. 4. Income from float-funded activities. The City did not use any ofits funding forany City of Clearwater, Florida 2014-2015Action Plan float-funded activities. 5. Urgent needactivities, onlyifthe jurisdiction certifies. The City did not identify any ofits funds for urgent need during this reporting period. 6. Estimated amountofCDBG fundsthat will be used for activities that benefit persons oflowandmoderate-income. The City did not receive, or anticipates receiving, any funds through any float-funded activities, Section 108 Loan Guarantee Program, or any other urban renewal program. All funds allocated forthe City have been used on CDBG activities. One hundredpercent of all CDBG funds will be used for low to moderate-income activities. Home Investment Partnership Program Recaptured funds are HOME funds which are recouped by the City when HOME-assisted home-ownership housing does not continue to be the principal residence ofthe assisted homebuyerforthe full affordabilityperiod. The City will use the recapture method toobtain these funds. The recapture provision is subject tothe limitation that when the recapture requirement is triggered by a sale, voluntary or involuntary, if the housing unit, and there are no net proceeds or the net proceeds are insufficient to repay the HOME investment due, the City can only recapture the net proceeds, if any. The net proceeds are the sales price minus the superior loanrepayment and closing costs. This language is included in the loan documents. Such funds will be placed in the City’s HOME InvestmentTrust fund.These funds will be used by the City for other eligible HOME activities. 1. Ifgrantee (PJ) planstouse HOME funds to refinance existing debt secured by multifamilyhousingthat isbeing rehabilitatedwithHOME funds,state its refinancing guidelines required under 24 CFR 92.206(b). The City does not use HOME funds for refinancing of existing debt. 2. Resale Provisions--Forhomeownership activities, describe itsresale or recapture guidelinesthat ensure the affordabilityof units acquired with HOME funds. See 24 CFR 92.254(a)(4). Please see number 1. 3. HOME TenantBased RentalAssistance -- Describe the localmarket conditionsthat ledtothe use ofHOME fundsfor a tenant-based rental assistance program. If the tenant based rental assistance program is targeted toor provides a preference for a special needs group, that group must be identified in the Consolidated Plan as having an unmet need and show the preference is needed to narrow the gap in benefits and services received by this population. The City does not use HOME funds for Tenant-Based RentalAssistance. 4. Ifa participatingjurisdictionintendsto use forms ofinvestment other thanthose described in24 CFR 92.205(b), describe these forms ofinvestment. The City will use funding from the State Housing Initiatives Program and/or the Pinellas County HousingTrust Fund for the matching requirements under the HOME program. 5. Describe the policyandprocedures itwill follow to affirmatively market housing containing five or more HOME-assisted units. Affirmative Marketing Efforts.The Borrower City of Clearwater, Florida 2014-2015Action Plan willfollowtheaffirmativemarketingprocedures and requirements for the HOME Program to attract eligible tenants in the housing market area tothe available housing without regard to race, color, national origin, sex, religion, familial statusor disability. 6. Describe actionstaken toestablishand oversee a minorityoutreach program withinitsjurisdictiontoensure inclusion, tothe maximum extent possible,of minorityandwomen,andentitiesowned by minoritiesandwomen,including without limitation, real estate firms, construction firms, appraisal firms, managementfirms, financial institutions, investment banking firms, underwriters, accountants, andproviders oflegal services, inall contracts, entered intoby the participating jurisdictionwithsuch persons or entities, publicandprivate, in order tofacilitate the activities ofthe participatingjurisdictiontoprovide affordablehousingunderthe HOME program or any other Federal housinglaw applicabletosuchjurisdiction. The City will use the methods described in Section 3 Programs toencourage participation in the HOME Program. 7. Ifa jurisdictionintendstouse HOME funds to refinance existing debt secured by multifamilyhousingthat isrehabilitated with HOME funds, state its financing guidelines required under 24 CFR 92.206(b). The City will not use HOME funds to refinance the existing debt formulti-family projects. HOPWA91.220(l)(3) 1. Oneyear goalsfor the numberof householdstobeprovided housing through the use ofHOPWAactivities for: short-term rent,mortgage,andutility assistance to prevent homelessness ofthe individualor family,tenant-based rental assistance, unitsprovidedinhousing facilitiesthat are beingdeveloped,leased, or operated. The City does not receive any HOPWAfunds. OtherNarrativesandAttachments Include any action plan information that was not covered by a narrative in any other section. If optional tables are not used, provide comparable information that is required by consolidated plan regulations. City of Clearwater, Florida 2014-2015Action Plan Appendix City of Clearwater CITY OF CLEARWATER Consolidated Plan Recommended Allocations Fiscal Year 2014-2015 Agency AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT REQUESTED PROPOSED PROPOSED PROPOSED RECOMMENDED TOTAL CDBG HOME SHIP TOTAL Public Facilities and Improvements Directions for Mental Health - Office Renovations 50,000.00$ 50,000.00$ Religious Community Services, Inc. - Grace House 50,000.00$ 50,000.00$ Kimberly Home - Daycare to Office Conversion Project 50,000.00$ 50,000.00$ Subtotal 150,000.00$ 150,000.00$ 150,000.00$ Public Services Housing Counseling Program 7,000.00$ 7,000.00$ Martin Luther King, Jr. Neighborhood Family Center 30,000.00$ 12,000.00$ Pinellas Opportunity Council - Chore Services 30,000.00$ 18,000.00$ Homeless Emergency Project - Emergency Shelter 30,000.00$ 15,000.00$ Westcare Gulf Coast of Florida 30,000.00$ 12,000.00$ Religious Community Services - Grace House- Services for families 30,000.00$ 18,000.00$ Safety Harbor Neighborhood Family Center, Inc.29,970.00$ 11,988.00$ Intercultural Advocacy Institute 30,000.00$ 15,000.00$ Paint Your Heart Out 10,000.00$ 10,000.00$ Fair Housing Gulf Coast Legal Services 30,000.00$ 12,000.00$ Community Service Foundation 10,000.00$ 4,000.00$ Subtotal 266,970.00$ 134,988.00$ 134,988.00$ Administration City of Clearwater Administration - CDBG 145,259.00$ City of Clearwater Administration - HOME 29,995.00$ SHIP Administration 49,954.50$ Program Income - NSP, PHTF Subtotal -$ 145,259.00$ 29,995.00$ 49,954.50$ 225,208.50$ Economic Development City of Clearwater - ED Program Delivery 10,000.00$ 10,000.00$ Subtotal 10,000.00$ 10,000.00$ 10,000.00$ Acquisition/Infill Housing Acquisition of Real Property (City Project) City of Clearwater Infill Housing Program Delivery 10,000.00$ 10,000.00$ Subtotal 10,000.00$ 10,000.00$ 10,000.00$ Rehabilitation City of Clearwater & Housing Pool - Rehabilitation City of Clearwater Rehabilitation - Program Delivery 110,000.00$ 110,000.00$ City of Clearwater CITY OF CLEARWATER Consolidated Plan Recommended Allocations Fiscal Year 2014-2015 Agency AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT REQUESTED PROPOSED PROPOSED PROPOSED RECOMMENDED TOTAL CDBG HOME SHIP TOTAL Subtotal 110,000.00$ 110,000.00$ 110,000.00$ Housing Pool Activities - Housing Development 166,051.00$ 224,967.00$ 449,590.50$ Housing Pool - SF - DPA, Infill, Rehabilitation - Tampa Bay Community Development Corporation - Largo Area Housing Development Corporation - Pinellas Habitat for Humanity - Pinellas Habitat for Humanity CHDO Subtotal 166,051.00$ 224,967.00$ 449,590.50$ 840,608.50$ HOME Program - CHDO Set-Aside (15% of Allocation)44,994.00$ 44,994.00$ TOTALS -$ 299,956.00$ 499,545.00$ 1,525,799.00$ Amount Available 726,298.00$ 299,956.00$ 499,545.00$ 1,525,799.00$ Total Estimated Funding 1,525,799.00$ Estimated Program Income 219,448.00$ 219,448.00$ TOTAL FY14-15 BUDGET 1,745,247.00$ Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-276 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve a Community Housing Development Organization Agreement with Bright Community Trust, Inc. to acquire, rehabilitate and resell three affordable housing units in the amount of $295,405; certify the agency as a City of Clearwater Community Housing Development Organization, and authorize the appropriate officials to execute same. SUMMARY: A Community Housing Development Organization (CHDO) is a private, non-profit, community-based service organization whose primary purpose is to provide and develop decent, affordable housing for the community it serves. To assist in achieving these purposes, the City of Clearwater, under the HOME Investment Partnership (HOME) Program, must reserve not less than 15% of their HOME allocations for investment in housing to be developed, sponsored, or owned by a CHDO. Bright Community Trust, Inc. (formally Pinellas Community Housing Foundation) was formed in May 2008 as a Florida not-for-profit organization established to increase and preserve long-term affordable housing for low and very-low income persons and provide education to individuals. The Pinellas County Board of County Commissioners authorized the creation of Bright Community Trust, Inc (BCTFL) and authorized the Housing Finance Agency to utilize land trusts as a vehicle to facilitate affordable housing in Pinellas County. Community land trusts are community-based nonprofits created to ensure long-term housing availability and affordability. Based on the idea of Perpetual Affordability, community land trusts become the stewards of land and maintain it permanently beginning with a ninety-nine year renewable-ground lease. New homeowners only own their home and sign a long-term lease of the land their home sits on. This ensures the affordability of the home because the homebuyer only obtains a mortgage on the structure. When the home is sold, the owner earns a portion of the increased property value, having agreed to invest the remainder in maintaining the trust and ‘paying it forward’. This allows for the sale of the home to the next family at an affordable price. On May 20, 2014, BCTFL applied for a designation as one of the City’s eligible CHDOs. On June 6, 2014, a Notice of Funding Availability was placed in the local newspaper for applicants to apply for funding as a CHDO. BCTFL was the only applicant. Their proposed project is to acquire, rehabilitate, and resell three affordable housing units to low to moderate-income families. On June 27, 2014, the City’s Economic Development and Housing Department Staff determined that BCTFL met the program requirements to become a CHDO and recommended that they be certified as one. The Neighborhood and Affordable Housing Page 1 City of Clearwater Printed on 7/16/2014 File Number: ID#14-276 Advisory Board also recommended that BCTFL be certified as a CHDO and approved the proposed project. The funds will be provided through the remaining balance in Fiscal Years 2011, 2012 and 2013 HOME Program CHDO set-aside allocations of $10,107.32, $45,301.65, and $43,513.65 respectively. The balance of the funds will be derived from HOME Program Income ($122,631.63) and the Pinellas County Housing Trust Fund ($73,851.25) totaling $295,405. Additional funds may be provided to the agency under the program format established in the City’s Housing Pool Program. The CHDO agreement is effective from July 17, 2014 through September 30, 2015. When the CHDO agreement expires, BCTFL must reapply to become recertified as a CHDO. The anticipated timeline for the project includes acquiring property by August 2014, starting the renovations by September 2014 and completing the renovations by November 2014. The agency anticipates that the units will be resold to a qualified low to moderate-income family by December 2014. Page 2 City of Clearwater Printed on 7/16/2014 1 CITY OF CLEARWATER, FLORIDA AND BRIGHT COMMUNITY TRUST, INC. COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AGREEMENT THIS AGREEMENT (“Agreement”), made and entered into this __thday of______, 20__, by and between the City of Clearwater, Florida, a municipal corporation existing by and under the laws of the State of Florida, herein after referred to as the “City”, and Bright Community Trust, Inc., a not-for- profit organizationorganized under the laws of the State of Florida, herein after referred to as the “Provider”; WHEREAS,the City is the recipient of a HOME Investment Partnership Program (HOME) Grant from the U.S. Department of Housing and Urban Development (HUD) pursuant to Title II of the Cranston- Gonzalez National Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq. (HOME Program), codified and implemented by 24 CFR Part 92; and WHEREAS,under the provisions of the Act, the City is required to set-aside at least 15% of its HOME Investment Partnership Program entitlement allocation to organizations that meet the requirement for Community Housing Development Organizations (CHDOs), as specified by the HOME Program, for the CHDO to own, develop or sponsor housing for families at or below 80% of the area median income; and WHEREAS,the Providerhas met the requirements established by the federal government and has been certified as a CHDO by the City, pursuant to the National Affordable Housing Act of 1990, as amended; and WHEREAS,the City and the Provider desire to sign an agreement which sets forth terms and conditions for the use andacceptance of the FY 2011, FY 2012and FY 2013 HOME Program CHDO Set Aside funds, HOME Program Income and Pinellas County Housing Trust Program; and NOW THEREFORE,in consideration of the promises and covenants contained herein, the parties hereto agree as follows: PART I –SPECIFIC TERMS AND CONDITIONS A.Source and Use of Funds 1.Sources of Funds: The sole source of funding from the City for payment of services performed under this Agreement is the HOME Investment Partnership Program entitlement provided to the City by HUD. The Provideragrees that in the event that the HOME Investment Partnership Program entitlement is reduced or withheld by HUD, the City shall not be liable for payment of contracted services from any City fund other than the HOME Investment Partnership Program entitlement, in which case the Providerfurther agrees that the maximum sum payable under this Agreement may be reduced by the City. In the event HUD determines that the City or the Provider have not fulfilled their obligation under the HOME Investment Partnershipentitlement requirements, or the City determines that Providerhas not fulfilled its obligation under the HOME Investment Partnership Program requirements, HUD or the City may demand reimbursement of expenses paid under this Agreement. The Providershallprovide said reimbursement from non- federal sources within ten daysof said notice from the City. 2 Fundingin this agreement includesallocation in the amount of $10,107.32frombalance of the FY 2011 HOME Program CHDO set-aside, $45,301.65 from the 2012HOME Program set-asideand $43,513.65from the FY 2013 set-asides for a total allotment of $98,922.62.Other funding will be provided through HOME Program Income ($122,631.63) and the Pinellas County Housing Trust Program ($73,851.25). The Provider acknowledges that the funds provided will be used to acquire, rehabilitate and resell single family housing units to low to moderate income families. The Provider further acknowledges that this Agreement is necessary to comply with the requirements of 24 CFR Part 92 –HOME Investment Partnership Program and incorporated herein by reference, which is the source of funds provided under this Agreement, and agrees that it will comply with, and will require all subcontractors, subgrantees and assigns to comply withall terms and conditions of said 24 CFR Part 92 and this Agreement, as amended. It shall be the Provider responsibility to ensure that it has the latest version of all applicable laws and regulations in its possession to ensure compliance with their provisions. 2.Use of Funds: In consideration of HOME Investment Partnership Program entitlement funding allocated by the City, the Providershall operate the programs and specific activities described in the Proposal. The Providershall utilize its HOME allocation as an owner-developer to provide housing for families at or below 80% of the area median income in accordance with policies established by HUD and therefore shall: a.HOME funds provided to this project will be used for theactivities identified in the detailed project description as stated below:(information listed is only provided as a tool) Number of units 3 Type of units (Rental/Owner)Owner Income Limits 80% of Area median income B.Program Requirements TheProvidershall comply with all requirements of 24 CFR Subpart F pertaining to affordable housing including, but not limited to: 1.Minimum/MaximumperUnit Subsidy/Value: The minimum pre-unit subsidy amount for HOME Investment Partnership Program entitlement funds invested shall not be less than One Thousand dollar ($1,000). The maximum per-unit subsidy/value of units assisted with HOME funds shall not be no more than the per-unit dollar limit established for mortgages under Section 221 (d)(3)(ii) of the National Housing Act for the Tampa-Clearwater-St. Petersburg metropolitan area. 2.Affordability: The City will enforce the Recapture provision defined in the Mortgage, Note and Land Use Restrictive Covenant in order to address the continued affordability of housing units acquired with HOME funds. a.The Providershall utilize the HOME Agreement, Mortgage, Note and Land Use Restrictive Covenant to address key recapture provisions as affordability period, principal residency and transfer of title of the property. All documents shall provide the right to transfer to the City in the event the Providerceases operating as a CHDO under the HOME Program, merges with another entity, terminates, dissolves, liquidates or its existence as an entity is otherwise forfeited. 3 3.Affordability Period: Rental units shall provide affordable housing to low-and moderate- income households for the following minimum affordability periods. Activity Average Per-Unit HOME $ Investment Minimum Affordability Period Rehabilitation or Acquisition of Existing Housing <$15,000/unit $15,000-40,000/unit >$40,000/unit 5 years 10 years 15 years Refinance of Rehabilitation Project Any dollar amount 15 years New Construction or Acquisition of New Housing Any dollar amount 20 years 3.Income Restrictions:The Providermaintains that the homebuyer’s income,of the newly constructed single-family home,shall not exceed 80 percent of the area median income. The Provider shall be responsible for determining and verifying the income eligibility of the HOME tenants. The Providershall determine the income by using the Section 8 Program definition of annualgross income and shall verify the income through third party verifications. 4.Duration of Restrictions:The provisions of 24 CFR Subpart F, as it may be amended, shall survive termination of this contract for any reason. 5.Housing QualityStandards:The Providermaintains that all new and rehabilitated units shall meet all applicable local codes, rehabilitation standards, and ordinances in accordance with 24 CFR Part 92.251; as well as the Model Energy Code published by the Council of American Building Officials (newly constructed units), the Southern Building Code, the accessibility requirements of the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973 or the Cost Effective Energy Conservation and Effectiveness Standards in 24 CFR Part39 (substantially rehabilitated units, defined as having a rehabilitation cost of greater than or equal to $25,000). The Provider shall maintain all work funded under this Agreement is performed by properly licensed and qualified contractors in accordance with applicable state, county and city laws and codes and that all rehabilitation work requiring a construction permitis obtained. 6.Housing Inspections: The Providermaintains that all units assisted with HOME funds are decent, safe and sanitary and meet the general conditions listed in Section 5of this agreement. Further, the Provideragrees that it will make all records and property assisted with HOME funds available for inspection within a reasonable period. 7.Site Sensitivity: The Provider maintains that it will not undertake any activity that may adversely affect historic or environmentally sensitive sites; and to mitigate any findings identified in the environmental checklist. The City shall be responsible for ensuring the proposed projectsmeet the requirements listed in 24 CFR Part 58. 8.Property Management: The Providershall be responsible for the maintenance and upkeep of all such propertiesand maintain sufficient insurance to cover the cost of replacement. 9.Audit: The Provider maintains that it shall,at any time during normal business hours and as often as the City and/or Comptroller General of the United States and/or any of their duly authorized representatives may deem necessary, make available for examination all of the 4 Provider’s records, books, documents, papers, and data with respect to all matters covered by this Agreement and shall permit the City and/or the Comptroller General to audit and examine all books, documents, papers, records and data related to this Agreement. D. CHDO Proceeds All CHDO proceeds resulting for the CHDO’s investment of its CHDO set-aside funds will be returned to the City and categorized as program income. CHDO proceeds include, but are not limited to, the permanent financing of a CHDO project which is used to pay off a CHDO financed construction loan; the sale of CHDO development ownership housing; the principal and interest payments from a loan to a buyer of CHDO developed homeownership housing. All returned CHDO proceeds shall bereinvested and applied towards housing activities for low to moderate income individuals and families including acquisition, construction and rehabilitation of HOME eligible projects. C. Method of Payment Funding Allocation: Both parties agree thatthe total compensation to be paid hereunder for actual expenses incurred shall be no more than TWO HUNDRED NINETYFIVE THOUSAND FOURHUNDRED FIVEDOLLARSAND /100($295,405).The City hereby acknowledges that fundingin this agreement includesallocation in the amount of $10,107.32 from balance of the FY 2011 HOME Program CHDO set-aside, $45,301.65 from the 2012 HOME Program set-aside and $43,513.65from the FY 2013 set-asides for a total allotment of $$98,922.62.Other funding will be providedthrough HOME Program Income ($122,631.63) and the Pinellas County Housing Trust Program ($73,851.25). The Providermay not request disbursement of funds under the agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed. The funds will be expended in accordance with the terms and conditions of the agreement. Funds reserved for the Providermay increase or decrease, subject to production standards. Any remaining funds shall revert to the City or other City approved agency. Such compensation shall be paid in accordance with the projected accomplishments and budget descriptions. D. Return on Investment 1.CHDO Proceeds: Funds provided to this activity shall be considered program incomeand shall be returned to the City once the property is sold. 2.Recaptured Funds: Funds recaptured,because housing no longer meets the affordability requirements under 24 CFR Part 92.254,are subject to the requirements of Part 92, and must be properly identified and deposited in the Provider’s HOME Account for use for additional HOME eligible projects. Recaptured funds must be used prior to the drawing down of additional HOME InvestmentPartnership entitlement funds from the City under this Agreement. The Provider is required to submit an annual report by September 30th of every year that identifies the current unit tenant, and affordability period for all previously HOME assisted projects detailed in Part I, Section F.2 of this Agreement in order to determine continued compliance with affordability requirements. E. Project Approval Process The Providershall submit a completed project proposal package to the City that includes all of the required documents referenced in this documentand demonstrates compliance with the HOME Program regulations stated in the Final Rule, 24 CFR Part 92 prior to City approval of the project. Upon complete submittal of the project proposal package, the City shall respond to project 5 proposals in writing within fifteen working days. Closings on proposed constructionshall not be scheduled prior to project approval by the City. F. Program Evaluation and Monitoring 1.Program Goals: The annual performance under this Agreement shall be measured against the program goals set forth in the Provider’sApplication. 2. Program Monitoring: The City has the right to monitor and evaluate all aspects of activities carried out by the Provider. Such evaluationswill be affectedby the submission of reports and information by the Providerand monitoring visits of the by the City. The City will conduct biannual monitoring/site visits throughout the current contract year. Contractual requirements related to inspections, reports, and records include, but are not limited to: a.Program Records–The Providershall maintain monthly bank statementsin a separate HOME Account, records. Reports andother information as may be required by HUD in 24 CFR Part 92.508 orbythe City pertaining to matters of this Agreement. 3. Project Files: The Provider shall maintain accurate individual project files with detailed records of each property, including: a.Acquisition, construction or renovation costs and operating costs attributed to a project, identifying direct assistance funded through the HOME Investment Partnership fund, CHDO Proceeds, project revenue or other sources; b.A copy of the executed note and mortgage on the property; c.Set-up/Completion reports on the property. Completion reportsmust be submitted to the City within sixty (60) days of rehab/construction and lease-up completion; d.The Provider’s annual report verifying ownership and household income for each completed HOME Investment Partnership entitlement assisted unit throughout the affordable term; and e.Documentation substantiating compliance with Equal Opportunity, Fair Housing and Affirmative Marketing, and other contractual requirements. The Providershall maintaina summary of this information and shall submit this information to the City upon request. These records shall be made available to HUD and/or representatives of the Comptroller General of the United States for audit, inspection or copying purposes duringnormal business hours. 4.Activities Report: A monthly activity report shall be completed and submitted bythe tenth working day of each month summarizing HOME funded, and other low-income housing activities,during the previous month and during the fiscal year-to-date. Thereport shall detail property acquisitions, construction projectstatus, salesof property, CHDO proceeds and a description of the fund activity in the Provider’sHOME account. This report must include a monthly bank statement of the HOME Account and copies of prior month checks written against this account. 5.Records Retention:The Providershall retain all records pertaining to this Agreement, including, but not limited to financial, statistical, property and programmatic records,for five years from the last day of the City’s fiscal year,(September 30th),in which this Agreement expires, five years after the affordability period or is terminated. All records, which are subject to audit findings,shall be retained for five yearsin the manner prescribed above or until an ongoing audit is completed and all issues raised by the audit are resolved, whichever is later. Nothing herein shall be construed to allow destruction of records that may be required to be retained longer by federal, state or local law. 6 These records shall be made available to HUD and/or representatives of the Comptroller General of the United States for audit, inspection or copying purposes during normal business hours. 6.Reversion of Assets: The Provider certifies that immediately upon the earliest of: 1) the event of default under the terms and conditions of this Contract; 2) dissolution of the Provider; 3) termination of any program described herein; or 4) the expiration or termination of this Agreement, ifsaid Agreement is not renewed or extended, any HOME Investment Partnership entitlement funds remaining in the Provider’s HOME Account, repayments of all loans, proceeds from the sale of property and title to property that has been purchased, newly constructed, and/or rehabilitated with HOME funds and not yet leased, accounts receivable, and/or proceeds or assets attributable to the use of the HOME Investment Partnership entitlement funds, shall revert to the City. The Provider further stipulates that in the event that non-expendable personal property purchased under this Agreement is sold during the term of this Agreement,or for one year received by the Providerat any time after contract expiration, any income from the sale shall be returned to the City within ten days from the sale date. In the event that the balance of funds held by the City or its assignsfor the Provider’s HOME Account,combined with the proceeds from the sale of the above HOME funded personal property, is not sufficient to repay HOME Investment Partnership entitlement funds drawn bythe Provider’s on open HOME projects, the Providermust provide a written explanation to the City at least 20 working days prior to the sale of any CHDO property. G. Time of Performance 1.Annual CHDO Recertification: The CHDO Recertification documentation shall clearly demonstrate that the CHDO continues to meet the definition of a CHDO, and shall be submitted to the City by September 30, 2015, or the City may decline to recertify and decline to renew this Agreement. 2.Commencement and Term:Services described in this Agreement shall commence onJuly 17, 2014 and shall continue in effect throughSeptember 30, 2015. This Agreement may be subject to renewal, through September 30, 2016only if the Providerhas been recertified according to Part I, Section G, Paragraph 1, and has made significant progress toward the performance of the goals stipulated in the Work Program. 3.The agreement must be in effect through the affordability period, if rental, or until completion of the project and ownership by the low to moderate income family. 4.Reallocation of Funding: Upon consideration of renewal of this Agreement, the City shall evaluate the performance of the Providerin comparison to the goals defined in the Work Program. In the eventthere is no activity toward these goals, the City has the right to divide the funding stipulated in this Agreement among other qualified CHDOs. PART II –GENERAL TERMS AND CONDITIONS 1. Religious Organizations: As partial consideration of receipt of funds under this Agreement: a.The Providershall not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; b. The Providershall not discriminate against any person seeking assistance from the Provider CHDOon the basis of religion and will not limit services or give preference to persons on the basis of religion; 7 c.The Providershall provide no religious instruction or counseling, conduct no religious workshops or services, engage in no religious proselytizing, and exert no other religious influence on any client or employee of the Provider; d. No property,from which services are provided under this Agreement,shall contain religious symbols for decorationfor the term of this Agreement and the term of any mortgage and/or promissory notes issued pursuant to this Agreement; and e.The Providershall include subparagraphs a-d, above, in any subcontracts pursuant to this Agreement. 2.Other Program Requirements: The Providershall comply with all the requirements of 24 CFR Subpart H, included, but not limited to: a.Equal Opportunity: In order to maintain statistical data on the use and participation of minority and women owned business enterprises as contractor/subcontractors in HOME Program contracting activities, the Providershall be required to identify projects which have been bid by, and contracted and/orsub-contracted to minority owned, women owned, and/or small or disadvantaged businesses, by project dollar value. The Providershall provide certification of compliance with all federal requirements under equal opportunity legislation including, but limited to: i.The requirements of Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100; Executive Order 11063, as amended, (Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107; and title VI of the Civil Rights Act of 1964 (U.S.C. 2000d) (Nondiscrimination in Federal Assisted Programs) and implementing regulations issued at 24 CFR Part 1; ii.The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C.6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against handicapped individuals under section 50 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; iii.The requirements of Executive Order 11246 (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR chapter 60. iv.The Federal requirements set forth in 24 CFR part 5, subpart A, are applicable to participants in the HOME program. The requirements of this subpart include: nondiscrimination and equal opportunity; disclosure requirements; debarred, suspended or ineligible contractors; and drug-free workplace. b.Any contract exceeding $200,000 and any subcontract exceeding $100,000 shall comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. The Contractorshall comply with HUD’s Regulations in 24 CFR Part 135, which implement Section 3, and shall include the following clause, referred to as the Section 3 clause,in all subcontracts resulting from the commitment of funds under this Agreement: “The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing”. 8 c.The parties to this contract agree to comply with HUD’s regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties of this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. d.The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of thecontractor’s commitments under this Section 3 clause, and will post copies of the notice in a conspicuous place at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job title subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions;and the anticipated date the work shall begin. e.The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135 and agrees to take appropriate action, as provided in an applicable provision of the subcontractor or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulation in 24 CFR Part 135. f.The contractor will certify that any vacant employment positions, including training positions that are filled after the contractor is selected,but before the contractis signed, will certify that employment opportunities to be directed were not filled to circumvent the contractor’s obligations under 24 CFR Part 135. g.Noncompliance with HUD’s regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from further HUD assisted contractors. h.The requirements of Executive Order 11625concerning Minority Business Enterprise and 12138concerning Woman’s Business Enterprisebe consistent with HUD’s responsibilities under these orders, each applying entity must make efforts to encourage the use of minority and women business enterprises in connection with HOME funded activities. Any applying entity must prescribe procedures acceptable to the City to establish activities it uses to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women. To encourage the use of women and minority owned businesses in bids for the Program, the City will provide,on request,the latest list of such businesses. 3. Fair Housing/Affirmative Marketing: The Providershall comply with all HUDand City of Clearwater fair housing and affirmative marketing requirements and policies, as set forth: a.The Providershall be required to use affirmative fair housing marketing practices in soliciting clients, determining eligibility and concluding transactions, and affirmatively further fair housing efforts according to CFR Part 570.904(c). The Provider shall make affirmative marketing steps to provide information and otherwise attract eligible persons in the housing market to the available housing without regard to race, color, national origin, sex, religion, familial status or disability. b.The Provideradvertising of vacant units must include an equal opportunity logo or statement. Advertising media may include newspapers, radio, television, brochures, leaflets, or a sign on the property. The Providermay use community organizations, places 9 of worship, employment centers, fair housing groups, housing counseling agencies, social service centers or medical service centers as resources for this outreach. c.The Providermust maintain a file containing all marketing efforts (i.e. copies of newspaper ads, memos of phone calls, copies of letters) to be available for inspection when requested by the City. d.The Providershall maintain a list of all families residing in each unit. The City will assess the affirmative marketing efforts of the Providerby comparing predetermined occupancy goals (based on the area from which potential families will come). e.The City will assess the efforts of the Providerduring the marketing of the units by use of a compliance certification or personal monitoring visitsto the project at least once a year. f.Those participating entities requesting HOME Investment Partnership entitlement funds for developments containing five or more units must provide a description of intended actions that will inform and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market to the available housing. In such cases, the Provider mustprovide theCity with an annual assessment of the affirmative marketing program. Said assessment must include: i.Methods used to inform the public and potential owners about federal fair housing laws and affirmative marketing policy (i.e. the use of the Equal HousingOpportunity logotype or slogan in print advertising); ii.Methods used to inform and solicit applications from persons in the housing market who are not likely to apply without special outreach; iii.Records describing actions taken by the participating entity and/or owner to affirmatively market units; and records to assess the results of these actions. 4.Anti-displacement: The Providershall not cause permanent displacement of current residents under the terms of this Agreement; shall inform sellers of the property of the fair market value of such property and that the Provideror buyer does not have the power of eminent domain and will not acquire the property unless a mutually agreeable price can be negotiated; and shall not acquire any property that would result in the displacement of existing tenants. The Providerfurther agrees that if involuntary or economic displacement occurs as a result of the Provider’s actions, the Provider shall bear all the costs of relocation under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, as amended, and Section 104(d) of the Housing and Community Development Act of 1994, as amended. 5. Labor Standards: Projects to be constructed or rehabilitated which contain 12 or more HOME assisted units, shall comply with the Davis/Bacon Act, applicable provisions of the Contract Work Hours and Safety Standards Act,24 CFR 92.354 in Part II, Section 5and other applicable federal laws and regulations pertaining to Labor Standards. 6.Lead-BasedPaint: Housingassisted with HOME Investment Partnership entitlement funds constitutes HUD-Assisted housing for the purpose of the Lead-Based Paint Poisoning Act and is therefore, subject to 24 CFR Part 35, and shall require each buyer of subject Properties to execute the “Watch Out for Lead Based Poisoning” notifications. All such executed notifications shall be maintained in the Providerproject file and a copy submitted to the City upon request. 7.Conflict of Interest: the Provider,as an owner/developer of this project,shall ensure that it, (or officer, employee, agent or consultant of the Provider), will not occupy any HOME assisted affordable housing units in the project. This provision does not apply to an individual who receives 10 HOME funds to acquire or rehabilitate his or her principal residence or to an employee or agent of the Providerwho occupies a housing unit as the project manager or maintenance worker. The City may provide an exception to the provisions listed above on a case-by-case basis when the City determines that the exception will serve to further the purposes of the HOME program and the effective and efficient administration of the Provider’s HOME assisted project. In order for the City to provide this exception, the Providermust make a written request and the City will make its determination based on the following factors: a.Whether the person receiving the benefit is a member of a group or class of low-income persons intended to be the beneficiaries of the assisted housing, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group; b.Whether the person has withdrawn from his or her functions or responsibilities, or the decision-making process with respect to the specific assisted housing in question; c.Whether the tenant protection requirements of Section 92.53 are being observed; d.Whether the affirmative marketing requirements of Section 92.351 are being observed and followed; and e.Any other factor relevant to the City’s determination, including the timing of the requested exception. 8.Debarment and Suspension: The Providerattests that it has not been debarred, suspended, proposed for debarment, or ineligible from participating in federally funded projects, and acknowledges that it shall not employ, award, or fund any contractors or subcontractors that have been debarred, suspended, proposed for debarment, or ineligible from participating in the federally funded projects. 9.Flood Insurance: In the event that properties are located in a Flood Zone, this Agreement is predicated upon the Provider certifying that either the cost of rehabilitation necessary to meet all applicable codes and standards does not exceed 50 percent of the appraised value of the property improvements, orthat the lowest habitable floor level is at or above the allowable flood level based upon a valid survey, prepared by a licensed surveyor. If projects can be financed with HOME Investment Partnership entitlement funds as a result of compliance with either of these requirements, buyers shall maintain flood insurance for full replacement value as required by mortgagees. 10.Lobbying Prohibited: The Providercertifies, to the best of its knowledge or belief, that: a.No federal appropriated funds have been paid or will be paid, by or on behalf of the Provider, 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. b.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 officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Provider shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” 11 in accordance with its instructions, with a copy of said submittal provided to City within ten daysof submission. c.The Providershall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements),and that all sub-recipients shall certify and disclose accordingly. 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. 11.Enforcement: All transactions and related documents must be pre-approved by the City to assure compliance with all provisions of 24 CFR, Part 92. The affordability requirements are enforce by a deed restrictions if the project is rental.The City may enforce this Agreement through termination, as follows: a.Termination of Contract for Cause: If, through any cause, either party shall fail to fulfill in a timely and proper manner its obligation under this Agreement, or shall violate any of the covenants, agreements, or stipulations of this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to said party of suchtermination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, assets shall become the property of the City in accordance with Part I, Section F, Paragraph 3 of this Agreement. Notwithstanding the above, the Providershall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Provider. The City may withhold any payments to the Providerfor the purpose of set-off until such time as the exact amount for damages due to the City from the Provideris determined. b.Force Majeure:This Agreement may not be terminated if the failure to perform rises from unforeseeable causes beyond the control and without the fault or negligence of either party. Such causes may include, but are not restricted to: acts of God;acts of the public enemy;acts of the Government in either its sovereign or contractual capacity; fires;floods;epidemics;quarantine restrictions;strikes and unusually severe weather;but in every case the failure to perform must be beyond the control and without the fault and negligence of either party. In the event of default, lack of compliance or failure to perform on the part of the Provider, the City reserves the right to exercise corrective or remedial actions, to include, but are not limited to: i.Requesting additional information from the Providerto determine reasons for, or extent of noncompliance or lack of performance; ii.Issue a written warning advising the Providerof deficiency and advising the Providerthat more serious sanctions may be taken if situation is not remedied; iii.Advise the Providerto suspend, discontinue or not incur costs for activities in question; iv.Withhold payment for services provided;or v.Require the Providerto reimburse the City for the amount of costs incurred for any items determined ineligible. 12 c.Termination for Convenience: The City may terminate this Agreement at any time, by giving written noticeto the Providerof such termination and specifying the effective date of such termination, at least fifteen days before the effective date thereof. In that event, assets shall become the property of the City in accordance with Part I, Section F, Paragraph 3 of this Agreement. If this Agreement is terminated by the City as provided herein, the Providerwill be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Provider covered by this Agreement, less payments of compensation previously made. 12.Assignment and Subcontracting:The Provider shall not assign or otherwise transfer any interest in this Agreement nor enter into any subcontract pursuant to this Agreement without submitting said proposed subcontract to the City and without the prior written approval of the City of the proposed subcontract. All federal requirements of this Agreement shall be applicable to any subcontracts entered into under this Agreement and itshall be the Provider’s responsibility to ensure that all federal requirements are included in said subcontracts and that all subcontractors abide by said requirements. The City shall have the right to withhold approval at its sole discretion. 13. HUD Requirements: Unearned payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by HUD at any time. 14. Hold Harmless: The Providershall defend, indemnify and hold the City and all of its officers and employees, including but not limited to members of the Clearwater City Council, harmless from and against all costs, expenses, liabilities, suits, claims, losses, damages, and demands of every kind or nature, by one or on behalf of any person or persons whomsoever or whatsoever arising out of or in any matter resulting from or connected with any accident, injury, death or damage which may happen during the time period covered by this Agreement for services under the administration and direction of said the Providerwill defend any actions or suits brought against the City by reason of the Provider’s failure or neglect in complying with any of the conditions and obligations of this Agreement, or any tort liability arising out of actions of the Provideror any of its agents or subcontractors. 15. Construction Bonding and Insurance: All construction contracts or subcontracts over $100,000 let as the result of this Agreement shall include the following requirements: a) a bid guarantee, such as a bid bond, cashier’s check or certified check, from each bidder equivalent to five percent of the bid price; b) a performance bond for 100 percent of the contract price;and c) a payment bond for 100 percent of the contract price. All such bonds obtained must be from companies listed in Treasury Circular 570, and provided to the City prior to commencement of construction. 16.Insurance: The Provider shall maintain insurance coverage in theamount deemed adequate by the City for all risks inherent in the functions and aspects of its operation including but not limited to risks of fire, casualty, automobile liability coverage, workmen’s compensation insurance as required by law, and public liability insurance for personal injury and property damage. a.Ata minimum, the Providershall maintain public liability insurance including contractual liability coverage with a combined single limit of $1,000,000 and automobile liability insurance with coverage including $100,000 personal liability, $300,000 for any single incident and $50,000 property damage. Property casualty and flood insurance must be maintained in an amount equal to the replacement value of the property. b.The Providershall have the City named as additional insured under the coverage provided by all policies required by this Agreement, with the exception of workmen’s compensation insurance. The City shall be afforded the same notice as the named insured in the event of cancellation of any policy by an insurance company. c.The Providershall submit to the City, prior to the distribution of any funds under the Agreement, proof of insurance coverage which shall consist of a copy of all policies 13 evidencing such coverage. The City reserves the right to request proof that the insurance premium for such policies effective during the term of this Agreement has been paid. 17.Copyrights and Patents: If this Agreement results in a book or other copyright materials or patent materials, the Providermay copyright or patent such, but the City and the United States Government reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use such materials and to authorize others to do so. 18.Notification: All notices, requests, demands or other communications hereunder shall be in writing and shall be deemed to have been served as of the postmark appearing upon the envelope if sent by the United States mail at the address listed below or upon the actual date of delivery if hand delivered to the address listed below. Either party may change the below listed address at which he receives written notices by so notifying the other party hereto in writing. ADDRESS OF CITY:ADDRESS OF THE PROVIDER City of Clearwater Bright Community Trust, Inc. Housing Division 2805 Enterprise Road, Suite 230 Post Office Box 4748 (if mailed)Clearwater, Florida 33762 Clearwater, Florida 33758 112 South Osceola Avenue (if delivered) Clearwater, Florida 33756 Should any section or any part of any section of this Agreement be rendered void, invalid or unenforceable by any court of law, for any reason, such as determination shall not render void, invalid, or unenforceable any other section or any part of any section in this Agreement. 19. Modification: No oral agreement or conversation with any officer, agent or employee of the City, either before or after execution of this Agreement,shall affect or modify any of the terms or obligations contained in this Agreement. Any such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the City. This Agreement shall not be modified except in writing signed by authorized representatives of both parties. 20.Non-Waiver: No forbearance on the part of either party shall constitute a waiver of any item requiring performance by the other party hereunder. A waiver by one party of the other party’s performance shall not constitute a waiver of any subsequent performance required by such other party. No waiver shall be valid unless it is in writing and signed by authorized representatives of both parties. 14 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. Bright Community Trust, Inc By_________________________________ President ________________________________ Date ATTEST: ________________________________ Secretary ________________________________ Date Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By:__________________________ George N. Cretekos William B. Horne, II Mayor –Councilmember City Manager ______________________________________________________ Date Date Approved as to form: Attest: ___________________________________________________________ Laura Mahony Rosemarie Call Assistant City Attorney II City Clerk ____________________________________________________________ Date Date Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8570-14 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 3 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Amend Section 3-1508 of the Community Development Code of the City of Clearwater to clarify prohibited noises and pass Ordinance 8570-14 on first reading. SUMMARY: The proposed amendments are intended to more clearly capture within the types of prohibited noise those rumbling or reverberating rhythmic bass type sounds that many residents frequently hear while traveling by motor vehicle throughout the city or within their residences. Additionally, because the courts have held that amplified music is a form of communication and expression protected by the First Amendment, the proposed amendments will fortify the noise ordinance against constitutional attack. For example, the Florida Supreme Court held that the State of Florida’s noise statute prohibiting sounds heard 25 feet or more and coming from motor vehicles was unconstitutional because those engaged in political or commercial activities while using a sound truck, for example, were exempted from the noise statute. Similarly, the preferential treatment afforded to noise coming from religious worship activities regardless of how disturbing the noises are to reasonable persons of ordinary sensibilities could subject the ordinance to an attack under the Equal Protection Clause of the Federal and State Constitutions. For example, currently, the exception would arguably allow a church to ring bells at 2:00 a.m.; and police could not take any action because of the exemption contained in the ordinance. The exemption is unnecessary because a police officer will always be making a determination if a sound is so loud as to be disturbing to reasonable persons of ordinary sensibilities. Thus, it is difficult to conceive of a situation where a church was engaged in routine worship activities that would ever meet the threshold of becoming a noise violation: that is, that a reasonable person of ordinary sensibilities would find the activity to be disturbing. Moreover, the intent clause added to Section 3-1508A clearly states that “[i]t is the intent of this section to regulate unreasonably excessive noise and not to interfere with or unduly burden the exercise of a person’s freedom of speech, expression, or religion.” The proposed amendments will go before the Community Development Board on Tuesday, July 15. Staff will report action taken by CDB at the July 17 council meeting. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/16/2014 File Number: 8570-14 Page 2 City of Clearwater Printed on 7/16/2014 Ordinance No.8570-14 ORDINANCE NO.8570-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TONOISE; AMENDING SECTION 3-1508A, CLEARWATER COMMUNITY DEVELOPMENT CODE, TO CLARIFY THE PROHIBITED NOISES; AMENDING SECTION 3-1508B5, TO CLARIFY THE PROHIBITED SOUND THAT IS EMITTED BY RADIOS, AMPLIFIERS, AND OTHER SOUND PRODUCING DEVICES;AMENDING SECTION 3-1508DTO CLARIFY THE SOUNDS RELATING TO THE EXISTENCE OF AN EMERGENCYAND THE PROCEDURES FOR OBTAINING A SPECIAL EVENT PERMITAND TO DELETE THE EXCEPTION PERTAINING TO RELIGIOUS WORSHIP ACTIVITIES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1.Section3-1508A, Section 3-1508B5,and Section 3-1508D, Clearwater Community Development Code, areamended to read as follows: Section 3-1508. Noise. A.Prohibited generally.It shall be unlawful for any person to willfully make, continue or cause to be made or continued any loud and raucous noise that through unaided, ordinary auditory sensescan beheard upon the public streets, sidewalks, or rights- of-way, in any public park, in any school or public building, in any church or hospital, or in any occupieddwelling and thatcan be heardata distance of 100 feet or more from the source of the noise, measured in a straight line from the radio, loudspeaker, motor, horn, or other noise source. Theterm “loud and raucous noise”shall mean any sound which because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the limits of the city. The term includes, but is not limited to,the kinds of loud and raucous noise generated by the activities enumerated in subsection Bwhen the loud and raucous noise through unaided, ordinary auditory sensescan be heardat a distance of 100 feet or more from the source of the noise, measured in a straight line from the radio, loudspeaker, motor, horn, or other noise source,but not including activitiesenumerated in subsection D of this section. It is the intent of this section to regulate unreasonably excessive noise and not to interfere with or unduly burden the exercise of a person’s freedom of speech, expression, or religion. Ordinance No. 8570-14 2 B.The followingnoises, as limited by Section 3-1508A,are declared to be public nuisances in violation of this section: * * * * * 5.Radios, amplifiers, phonographs, etc.TheUusing, operating or permitting to be played, used or operated any radio, amplifier, musical instrument, phonograph, music player,or other device for the producing or reproducing of sound such that thespeech or music, including arumbling or reverberating rhythmic bass type sound,emitted by the devicecreatesis identifiable in terms ofwords or melody so as to createaloud and raucous noise. * * * * * D.Exceptions.The term "loud and raucous noise" does not include noise or sound generated by the following: 1.Cries for emergency assistance and warning calls; 1.2.Radios, sirens, horns and bells on police, fire and other emergency response vehicles, including the emission of any other sound for the purpose of alerting a person of the existence of an emergency; 2.3.Parades, fireworks displays, outdoor music performances and other special events for which a permit has been obtained from the Citypursuant to Division 2, Article III of Chapter 22, Clearwater Code of Ordinances, within such hours as may be imposed as a condition for the issuance of the permit; 3.4.Activities on or in municipal and school athletic facilities and on or in publicly owned property and facilities, provided that such activities have been authorized by the owner of such property or facilities or its agent; 4.5.Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm; 6.Religious worship activities occurring on or in the premises owned or leased by places of worship, includingbut not limited to bells and organs; Ordinance No. 8570-14 3 5.7. Locomotives and other railroad equipment, and aircraft. Section 2.This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _____________________________ George N. Cretekos Mayor Approved as to form:Attest: ____________________________ _______________________ Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE:July 15, 2014 AGENDA ITEM: CASE:TA2014-00002 ORDINANCE NO.:8570-14 REQUEST:Review, and recommendation to the City Council, of an amendment to the Community Development Code. INITIATED BY:City of Clearwater, Office of the City Attorney BACKGROUND: Rumbling or reverberating rhythmic bass type sounds can become an annoyance to persons who travel by motor vehicle throughout the city or who are located within their residences. One of the amendments would clearly include those types of sounds within Section 3-1508, Community Development Code (CDC),of the noise ordinance. Additionally, because the courts have held that amplified music is a form of communication and expression protected by the First Amendment, the proposed amendments will fortify the noise ordinance against constitutional attack.For example, the Florida Supreme Court held that the State of Florida’s noise statute prohibiting sounds heard 25 feet or more and coming from motor vehicles was unconstitutional because those engaged in political or commercial activities while using a sound truck, for example, were exempted from the noise statute. Similarly, the preferential treatment in Section 3-1508.D.6., CDC,afforded to noise coming from religious worship activities regardless of how disturbing the noises are to reasonable persons of ordinary sensibilities could subject the ordinance to an attack under the Equal Protection Clause of the Federal and State Constitutions.For example, currently, the exception would arguably allow a church to ring bells at 2:00 a.m.; and police could not take any action because of the exemption contained in the ordinance. The exemption for religious worship activities is unnecessary because a police officer will always be making a determination if a sound isso loud as to be disturbing to reasonable persons of ordinary sensibilities. Thus, it is difficult to conceive of a situation where a church was engaged in routine worship activities that would ever meet the threshold of becoming a noise violation: that is, that a reasonable person of ordinary sensibilities would find the activity to be disturbing.Moreover, the intent clause added to Section 3-1508.A., CDC,clearly states that “[i]t is the intent of this section to regulate unreasonably excessive noise and not to interfere with or unduly burden the exercise of a person’s freedom of speech, expression, or religion.” ANALYSIS: Proposed Ordinance No. 8570-14includes the following amendments: Community Development Board –July 15, 2014 TA2014-00002 –Page 2 Community Development Code Text Amendment PLANNING & DEVELOPMENT;AND, OFFICE OF THE CITY ATTORNEY 1.Amends Section 3-1508.A., CDC,to clearly state that the noise ordinance is intended only “to regulate unreasonably excessive noise and not to interfere with or unduly burden the exercise of a person’s freedom of speech, expression, or religion.” 2.Amends Section 3-1508.B.5., CDC,to clarify that rumbling or reverberating rhythmic bass type sounds are included within the types of sounds covered by the noise ordinance. 3.Amends Section 3-1508.D., CDC,to clarify the sounds relating to the existence of an emergency and the procedures for obtaining a special events permit and to delete the exception pertaining to religious worship activities. CRITERIA FOR TEXT AMENDMENTS: Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1.The proposed amendment is consistent with and furthers the goals,policies, and objectivesof the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goal which will be furthered by the proposed Code amendments: Goal A.3The City of Clearwater shall ensure that all development or redevelopment initiatives meet the safety, environmental, and aesthetic needs of the City through consistent implementation of the Community Development Code. The proposed amendment will ensure that noise generated by individuals within the City will be below a reasonable threshold. 2.The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in Section 1-103. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC). The proposed amendment will ensure that businesses providing amplified and live music will operate without becoming a public nuisance. SUMMARY AND RECOMMENDATION: Community Development Board –July 15, 2014 TA2014-00002 –Page 3 Community Development Code Text Amendment PLANNING & DEVELOPMENT;AND, OFFICE OF THE CITY ATTORNEY The proposed amendment to the Community Development Code is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department and the Office of the City Attorney recommend APPROVAL of Ordinance No. 8570-14 that amends the Community Development Code. Prepared by Office of the City AttorneyStaff:___________________ Robert J. Surette, Assistant City Attorney ATTACHMENTS:Ordinance No. 8570-14 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8567-14 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 8567-14 on second reading, annexing certain real property whose post office address is 1234 Palm Street, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/16/2014 Ordinance No. 8567-14 ORDINANCE NO. 8567-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PALM STREET, APPROXIMATELY 550 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF LOT 30, BLOCK A, CLEARDUN SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1234 PALM STREET, CLEARWATER, FLORIDA 33755, 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 Ahas 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 30, Block A, CLEARDUN subdivision, according to the map or plat thereof, as recorded in the Plat Book 13, Page 47, Public Records of Pinellas County, Florida. (ANX2014-04008) The map attached as Exhibit Ais hereby incorporated by reference. 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 and Development Director are directed to include and show the property described herein upon the official maps and records ofthe 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. 2 Ordinance No. 8567-14 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A Proposed Annexation Map Owner: Ninrat, Jantakan Case: ANX2014-04008 Site: 1234 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-001-0300 From : To: RU R-4 RU LMDR Atlas Page: 251B 60 60 66 60 60 60 60 60 60 60 60 15840 46998 80388 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 1025 26 1 2 3 10 11 12 1 2 3 10 11 12 18 60 50 60 63 30 57780 D E I J 1 2 3 5 6 7 9 10 11 13 14 15 16171819202122 1 2 3 4 5 6 7 8 9 10 11 1 2 3 5 6 7 9 10 1112 13 141516171920212218 1 2 3 4 5 6 7 8 9 1011 1 2 1 1 1 1 1 DUNEDIN PALM ST UNION ST IDLEWILD DR BERMUDA ST BETTY LN DOUGLAS AVE 2027 2031 2 0 2 4 2061 12 7 1 12 6 3 12 9 1 12 6 5 12 6 1 12 5 7 12 4 5 12 4 3 12 9 0 12 8 4 12 8 0 12 7 2 12 6 6 12 2 6 12 2 2 12 2 0 12 2 5 12 0 1 12 9 3 12 1 1 12 0 9 12 8 2 12 0 6 2077 2063 12 8 3 12 6 3 12 0 7 2029 2021 2022 2026 12 7 4 12 7 8 12 5 5 12 5 9 2028 2030 12 3 5 12 2 3 12 0 7 12 9 2 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 12 1 0 12 3 1 2044 12 9 3 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 2 1 12 1 7 12 1 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 12 3 4 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 2060 2064 2066 12 8 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 3 5 12 3 3 12 3 1 12 2 1 12 1 5 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 1 2 12 5 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 7 12 5 9 12 4 7 12 4 5 12 4 1 12 3 7 12 3 5 12 2 7 12 2 3 12 1 9 12 1 5 12 1 1 -N o t t o S c a l e - -N o t a S u r v e y - Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8568-14 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 8568-14 on second reading, amending the future land use map element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1234 Palm Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/16/2014 Ordinance No. 8568-14 ORDINANCE NO. 8568-14 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 PALM STREET, APPROXIMATELY 550 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF LOT 30, BLOCK A, CLEARDUN SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1234 PALM STREET, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); 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 Category Lot 30, Block A, CLEARDUN subdivision, according to the map or plat thereof, as recorded in the Plat Book 13, Page 47, Public Records of Pinellas County, Florida. Residential Urban (RU) (ANX2014-04008) The map attached as Exhibit Ais hereby incorporated by reference. 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. 8567-14. PASSED ON FIRST READING 2 Ordinance No. 8568--14 PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A Future Land Use Map Owner: Ninrat, Jantakan Case: ANX2014-04008 Site: 1234 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-001-0300 From : To: RU R-4 RU LMDR Atlas Page: 251B 60 60 66 60 60 60 60 60 60 60 60 15840 46998 80388 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 1025 26 1 2 3 10 11 12 1 2 3 10 11 12 18 60 50 60 63 30 57780 D E I J 1 2 3 5 6 7 9 10 11 13 14 15 16171819202122 1 2 3 4 5 6 7 8 9 10 11 1 2 3 5 6 7 9 10 1112 13 141516171920212218 1 2 3 4 5 6 7 8 9 1011 1 2 1 1 1 1 1 DUNEDIN RU RU RU RU RU RU PALM ST UNION ST IDLEWILD DR BERMUDA ST BETTY LN DOUGLAS AVE 2027 2 0 2 4 2061 12 7 1 12 6 3 12 9 1 12 6 5 12 6 1 12 5 7 12 4 3 12 9 0 12 8 4 12 8 0 12 7 2 12 6 6 12 2 6 12 2 2 12 2 0 12 2 5 12 0 1 12 9 3 12 1 1 12 0 9 12 8 2 12 0 6 2077 2063 12 8 3 12 6 3 12 0 7 2029 2021 2022 2026 2031 12 7 4 12 7 8 12 5 5 12 5 9 2028 2030 12 4 5 12 3 5 12 2 3 12 0 7 12 9 2 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 12 1 0 12 3 1 2044 12 9 3 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 2 1 12 1 7 12 1 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 12 3 4 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 2060 2064 2066 12 8 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 3 5 12 3 3 12 3 1 12 2 1 12 1 5 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 1 2 12 5 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 7 12 5 9 12 4 7 12 4 5 12 4 1 12 3 7 12 3 5 12 2 7 12 2 3 12 1 9 12 1 5 12 1 1 -N o t t o S c a l e - -N o t a S u r v e y - RU Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8569-14 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 8569-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1234 Palm Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/16/2014 Ordinance No. 8569-14 ORDINANCE NO. 8569-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATEDON THE NORTH SIDE OF PALM STREET, APPROXIMATELY 550 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF LOT30, BLOCK A, CLEARDUN SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1234 PALM STREET, CLEARWATER, FLORIDA 33755,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: The map attached as Exhibit Ais hereby incorporated by reference. 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. 8567-14. PASSED ON FIRST READING Property Zoning District Lot 30, Block A, CLEARDUN subdivision, according to the map or plat thereof, as recorded in the Plat Book 13, Page 47, Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2014-04008) 2 Ordinance No. 8569-14 PASSED ON SECOND AND FINAL READING AND ADOPTED Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By:__________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Exhibit A Zoning Map Owner: Ninrat, Jantakan Case: ANX2014-04008 Site: 1234 Palm Street Property Size (Acres): 0.141 acres Land Use Zoning PIN: 03-29-15-15840-001-0300 From : To: RU R-4 RU LMDR Atlas Page: 251B 60 60 66 60 60 60 60 60 60 60 60 15840 46998 80388 A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 1025 26 1 2 3 10 11 12 1 2 3 10 11 12 18 60 50 60 63 30 57780 D E I J 1 2 3 5 6 7 9 10 11 13 14 15 16171819202122 1 2 3 4 5 6 7 8 9 10 11 1 2 3 5 6 7 9 10 1112 13 141516171920212218 1 2 3 4 5 6 7 8 9 1011 1 2 1 1 1 1 1 DUNEDIN PALM ST UNION ST IDLEWILD DR BERMUDA ST BETTY LN DOUGLAS AVE LMDR 2027 2031 2 0 2 4 2061 12 7 1 12 6 3 12 9 1 12 6 5 12 6 1 12 5 7 12 4 5 12 4 3 12 9 0 12 8 4 12 8 0 12 7 2 12 6 6 12 2 0 12 2 5 12 0 1 12 9 3 12 1 1 12 0 9 12 8 2 12 0 6 2077 2063 12 8 3 12 6 3 12 0 7 2029 2021 2022 2026 12 7 4 12 7 8 12 5 5 12 5 9 2028 2030 12 3 5 12 2 3 12 0 7 12 9 2 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 12 2 6 12 2 2 12 1 0 12 3 1 2044 12 9 3 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 2 1 12 1 7 12 1 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 12 3 4 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 2060 2064 2066 12 8 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 3 5 12 3 3 12 3 1 12 2 1 12 1 5 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 1 2 12 5 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 7 12 5 9 12 4 7 12 4 5 12 4 1 12 3 7 12 3 5 12 2 7 12 2 3 12 1 9 12 1 5 12 1 1 -N o t t o S c a l e - -N o t a S u r v e y - LMDR Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8571-14 2nd rdg Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 8571-14 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2014, to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Stormwater Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, General Services Fund, and Garage Fund. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/16/2014 Ordinance No. 8571-14 ORDINANCE NO. 8571-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, STORMWATER FUND, SOLID WASTE FUND, RECYCLING FUND, GAS FUND, MARINE FUND, AIRPARK FUND, GENERAL SERVICES FUND, AND GARAGE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2014, for operating purposes, including debt service, was adopted by Ordinance No. 8476-13; and WHEREAS, at the MidYear Review it was found that an increaseof$4,176,601is necessary forrevenues and anincrease of$3,752,379is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 8476-13is amended to read: Pursuant to the AmendedCity Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2013and ending September 30, 2014a copy of which is on file with the City Clerk, the City Council hereby adopts an amendedbudget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ George N. Cretekos, Mayor Approved as to form: Attest: _______________________________________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk EXHIBIT A 2013-14 BUDGET REVENUE First Quarter Mid Year Budgeted Amended Amended Revenues Budget Budget 2013/14 2013/14 2013/14 Amendments General Fund: Ad Valorem Taxes 36,453,700 36,453,700 36,453,700 Utility Taxes 13,588,250 13,588,250 13,588,250 Local Option, Fuel & Other Taxes 8,260,650 8,260,650 8,260,650 Franchise Fees 10,163,930 10,163,930 10,163,930 Other Permits & Fees 1,985,700 1,985,700 1,985,700 Intergovernmental Revenues 19,068,590 19,083,109 19,127,553 44,445 Charges for Services 13,663,630 13,777,260 13,893,260 116,000 Judgement, Fines & Forfeitures 996,150 996,150 996,150 Miscellaneous Revenues 1,521,370 1,521,370 1,667,410 146,040 Transfers In 7,798,490 9,205,292 9,205,292 Other Financing Sources - - - Transfer from Reserves - 1,525,113 1,970,063 444,950 Total, General Fund 113,500,460 116,560,524 117,311,958 751,435 Special Revenue Funds: Special Development Fund 12,086,190 13,686,380 14,614,380 928,000 Special Program Fund 1,093,480 2,942,948 4,253,814 1,310,866 Utility & Other Enterprise Funds: Water & Sewer Fund 69,216,770 69,299,890 69,299,890 Stormwater Utility Fund 16,730,140 16,755,610 16,798,320 42,710 Solid Waste Fund 19,600,100 19,650,610 19,830,610 180,000 Gas Fund 39,351,450 42,577,360 43,502,360 925,000 Recycling Fund 2,728,000 3,158,730 3,089,230 (69,500) Airpark Fund 260,000 260,430 262,430 2,000 Marine Fund 4,676,270 4,682,020 4,706,590 24,570 Clearwater Harbor Marina 563,200 564,620 564,620 Parking Fund 4,630,000 4,689,680 4,689,680 Harborview Center Fund 48,250 48,250 48,250 Internal Service Funds: Administrative Services Fund 9,714,200 10,275,380 10,275,380 General Services Fund 4,712,510 4,733,380 4,720,040 (13,340) Garage Fund 13,540,500 13,556,870 13,651,729 94,859 Central Insurance Fund 20,736,490 23,724,160 23,724,160 Total, All Funds 333,188,010 347,166,841 351,343,442 4,176,601 Ordinance #8571-14 EXHIBIT A (Continued) 2013-14 BUDGET EXPENDITURES First Quarter Mid Year Original Amended Amended Budget Budget Budget 2013/14 2013/14 2013/14 Amendments General Fund: City Council 278,010 280,130 280,130 City Manager's Office 1,185,310 1,079,302 1,079,302 City Attorney's Office 1,592,530 1,598,560 1,704,600 106,040 City Auditor's Office 198,750 199,620 199,620 - Economic Development & Housing Svc 1,362,310 1,366,170 1,366,170 - Engineering 7,588,090 7,615,570 7,615,570 - Finance 2,190,560 2,172,930 2,172,930 - Fire 23,891,470 24,038,180 24,233,180 195,000 Human Resources 1,026,540 1,140,218 1,140,218 - Library 5,959,470 5,986,390 5,986,390 - Marine & Aviation 693,570 769,400 850,400 81,000 Non-Departmental 3,970,100 4,931,722 5,234,222 302,500 Office of Management & Budget 312,550 313,970 313,970 - Official Records & Legislative Svcs 1,200,750 1,204,660 1,204,660 - Parks & Recreation 21,135,600 21,306,682 21,364,132 57,450 Planning & Development 4,838,370 4,871,720 4,871,720 - Police 36,329,010 36,510,039 36,519,484 9,445 Public Communications 926,880 931,250 931,250 Public Utilities 244,010 244,010 244,010 Allocation to Reserves - - - Total, General Fund 114,923,880 116,560,524 117,311,958 751,435 Special Revenue Funds: Special Development Fund 13,081,380 13,581,380 14,409,380 828,000 Special Program Fund 1,043,480 2,892,948 4,203,814 1,310,866 Utility & Other Enterprise Funds: Water & Sewer Fund 67,727,960 67,811,080 67,811,080 Stormwater Utility Fund 16,156,510 16,181,980 16,224,690 42,710 Solid Waste Fund 18,971,240 19,118,250 19,140,250 22,000 Gas Fund 36,089,850 37,565,982 38,317,760 751,778 Recycling Fund 2,993,950 3,158,730 3,089,230 (69,500) Airpark Fund 183,100 183,530 192,530 9,000 Marine Fund 4,488,090 4,493,840 4,518,410 24,570 Clearwater Harbor Marina 503,230 504,650 504,650 Parking Fund 4,137,250 4,200,480 4,200,480 Harborview Center Fund 38,280 38,280 38,280 Internal Service Funds: Administrative Services Fund 10,101,630 10,137,810 10,137,810 General Services Fund 4,612,240 4,633,110 4,619,770 (13,340) Garage Fund 13,540,500 13,556,870 13,651,729 94,859 Central Insurance Fund 22,158,160 23,724,160 23,724,160 Total, All Funds 330,750,730 338,343,603 342,095,982 3,752,379 Ordinance #8571-14 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8572-14 2nd reading Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 8572-14 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2014, to reflect a net increase of $2,723,088. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/16/2014 Ordinance No. 8572-14 ORDINANCE NO. 8572-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014, TO REFLECT A NET INCREASE OF $2,723,088 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2014was adopted by Ordinance No. 8477-13; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscalyear; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 8477-13is amended to read: Pursuant to the Mid YearAmendedCapital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2013and ending September 30, 2014, a copy of which is on file with the City Clerk, the City Council hereby adopts a Mid YearAmendedbudget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos, Mayor Approved as to form: Attest: __________________________________________________________ Pamela K. Akin, City Attorney RosemarieCall, City Clerk First Qtr Mid Year Original Amended Amended Budget Budget Budget 2013/14 2013/14 2013/14 Amendments Fire Protection 1,540,690 1,644,040 1,644,040 Major Street Maintenance 3,408,640 3,408,640 3,408,640 Sidewalk and Bike Trail 100,000 100,000 100,000 Intersections 435,000 435,000 335,000 (100,000) Parking 305,000 305,000 305,000 Miscellaneous Engineering 35,000 35,000 35,000 Park Development 1,060,000 1,801,272 3,136,593 1,335,321 Marine Facilities 488,000 487,914 487,914 Airpark Facilities 10,000 10,000 10,000 Libraries 7,557,000 7,557,000 7,557,000 Garage 5,911,100 5,911,100 5,911,100 Maintenance of Buildings 441,910 441,996 484,706 42,710 Miscellaneous 1,055,000 1,055,000 1,755,000 700,000 Stormwater Utility 5,111,570 6,211,570 6,211,570 Gas System 4,000,000 4,220,581 4,221,970 1,389 Solid Waste 540,000 540,000 540,000 Utilities Miscellaneous 20,000 20,000 162,000 142,000 Sewer System 7,602,000 7,608,965 8,352,608 743,643 Water System 4,745,000 4,745,000 4,603,025 (141,975) Recycling 60,000 60,000 60,000 TOTAL PROJECT EXPENDITURES 44,425,910 46,598,078 49,321,166 2,723,088 GENERAL SOURCES: General Operating Revenue 1,853,920 2,448,542 2,488,542 40,000 General Revenue/County Co-op 557,000 557,000 557,000 Road Millage 1,823,650 1,823,650 1,823,650 Penny for Pinellas 8,831,680 9,331,680 10,181,680 850,000 Transportation Impact Fee 290,000 290,000 190,000 (100,000) Local Option Gas Tax 1,409,990 1,409,990 1,409,990 Recreation Land Impact Fees 0 0 78,000 78,000 Special Program Fund 30,000 30,000 30,000 Grants - Other Agencies 100,000 100,000 600,000 500,000 Other Governmental 0 6,965 754,607 747,643 Property Owner's Share 0 8,199 9,588 1,389 Reimbursements 0 0 3,321 3,321 Interest Earned- Other 0 0 25 25 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2013/14 Ordinance # 8572-14 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2013/14 2013/14 2013/14 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2013/14 SELF SUPPORTING FUNDS: Marine Revenue 60,000 60,000 60,000 Clearwater Harbor Marina Revenue 15,000 15,000 15,000 Airpark Revenue 10,000 10,000 10,000 Parking Revenue 315,000 315,000 315,000 Utility System: Water Revenue 3,625,000 3,625,000 3,625,000 Sewer Revenue 5,192,760 5,192,760 5,192,760 Water Impact Fees 12,000 12,000 12,000 Sewer Impact Fees 6,230 6,230 6,230 Utility R&R 3,420,010 3,420,010 3,420,010 Stormwater Utility Revenue 5,111,570 5,111,570 5,154,280 42,710 Gas Revenue 4,000,000 3,962,382 3,962,382 Solid Waste Revenue 540,000 540,000 540,000 Recycling Revenue 60,000 60,000 60,000 Grants - Other Agencies 0 1,100,000 1,660,000 560,000 INTERNAL SERVICE FUNDS: Garage Revenue 121,100 121,100 121,100 Administrative Services Revenue 700,000 700,000 700,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 240,000 240,000 240,000 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water 60,000 60,000 60,000 Lease Purchase - Sewer 51,000 51,000 51,000 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 5,590,000 5,590,000 5,590,000 Lease Purchase - Administrative Services 400,000 400,000 400,000 TOTAL ALL FUNDING SOURCES:44,425,910 46,598,078 49,321,166 2,723,088 Ordinance # 8572-14 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-274 Agenda Date: 7/17/2014 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: City Council Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Pinellas Planning Council (PPC) Countywide Update Local Government Review Package - Linda Fisher, PPC Principal Planner SUMMARY: N/A APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/16/2014 CountywidePlanUpdate Local Government Review Package City of Clearwater July 17, 2014 TheCouncil’sNewSpecialAct 2 •More broadly defined and policy-based Countywide Plan (includes Maps and Rules) •Significantly fewer land use categories •Increased coordination of Land Use and Transportation Planning •Collaboration with member local governments DirectionfromtheNewSpecialAct 3 CountywidePlanUpdateTimeline Phase II: Development of Draft Countywide Plan Map and Rule Provisions Received and Accepted in February 4 Phase I: Data Identification/ Analysis Accepted in July 2012 Phase III: Draft Final Plan for Approval Adopt at end of 2014 Plan Update Maps Transit-Oriented Vision Map Updated Countywide Plan Map Pinellas by Design -Centers, Corridors, and Districts 6 Areas of Growth & Areas of Stability •Land use, economic, and transportation data •Focused on existing/ future transit •Included local planning input •Starting point for a Vision Map 7 Transit-Oriented Land Use “Vision Map” •Policy document •Areas appropriate for higher densities/ intensities •Both existing and future centers/corridors •Enables streamlined Map amendment process 8 9 •Existing Special Centers and Corridors •FutureActivity Centers, Multimodal Corridors, and Transit Station Areas Transit-Oriented Land Use “Vision Map” Center and Corridor Categories Activity Center Area-Wide Recommended Target Ranges of Density/Intensity Project-Specific Maximum Permitted Density / Intensity DU/Ac or FAR DU/Ac or FAR or ProportionateShare of Each or ProportionateShare of Each Special Centers Per Approved Special Area Plans Transit Station Centers I 90-150 3.0 -5.0 200 7.0 II 60 -90 2.0 -3.0 150 5.0 III 45 -60 1.5 -2.0 90 3.0 IV 30 -45 1.0 -1.5 60 2.0 Major Centers 40 -50 1.25 -1.75 75 2.5 Community Centers 15 -30 0.5 -1.0 50 1.5 10 Center and Corridor Categories Activity Center Area-Wide Recommended Target Ranges of Density/Intensity Project-Specific Maximum Permitted Density / Intensity DU/Ac or FAR DU/Ac or FAR or ProportionateShare of Each or ProportionateShare of Each Special Centers Per Approved Special Area Plans Transit Station Centers I 90-150 3.0 -5.0 200 7.0 II 60 -90 2.0 -3.0 150 5.0 III 45 -60 1.5 -2.0 90 3.0 IV 30 -45 1.0 -1.5 60 2.0 Major Centers 40 -50 1.25 -1.75 75 2.5 Community Centers 15 -30 0.5 -1.0 50 1.5 11 Center and Corridor Categories Activity Center Area-Wide Recommended Target Ranges of Density/Intensity Project-Specific Maximum Permitted Density / Intensity DU/Ac or FAR DU/Ac or FAR or ProportionateShare of Each or ProportionateShare of Each Special Centers Per Approved Special Area Plans Transit Station Centers I 90-150 3.0 -5.0 200 7.0 II 60 -90 2.0 -3.0 150 5.0 III 45 -60 1.5 -2.0 90 3.0 IV 30 -45 1.0 -1.5 60 2.0 Major Centers 40 -50 1.25 -1.75 75 2.5 Community Centers 15 -30 0.5 -1.0 50 1.5 12 Center and Corridor Categories Activity Center Area-Wide Recommended Target Ranges of Density/Intensity Project-Specific Maximum Permitted Density / Intensity DU/Ac or FAR DU/Ac or FAR or ProportionateShare of Each or ProportionateShare of Each Special Centers Per Approved Special Area Plans Transit Station Centers I 90-150 3.0 -5.0 200 7.0 II 60 -90 2.0 -3.0 150 5.0 III 45 -60 1.5 -2.0 90 3.0 IV 30 -45 1.0 -1.5 60 2.0 Major Centers 40 -50 1.25 -1.75 75 2.5 Community Centers 15 -30 0.5 -1.0 50 1.5 13 Center and Corridor Categories Multimodal Corridor Area-Wide Recommended Target Ranges of Density/Intensity Project-Specific Maximum Permitted Density / Intensity DU/Ac or FAR DU/Ac or FAR or ProportionateShare of Each or ProportionateShare of Each Special Corridors Per Approved Special Area Plans Primary Corridors 15 -30 0.5 -1.0 40 1.5 Secondary Corridors 10 -20 0.5 -0.75 30 1.0 14 Center and Corridor Categories Multimodal Corridor Area-Wide Recommended Target Ranges of Density/Intensity Project-Specific Maximum Permitted Density / Intensity DU/Ac or FAR DU/Ac or FAR or ProportionateShare of Each or ProportionateShare of Each Special Corridors Per Approved Special Area Plans Primary Corridors 15 -30 0.5 -1.0 40 1.5 Secondary Corridors 10 -20 0.5 -0.75 30 1.0 15 Planning and Urban Design Principles & Strategies 1.Location and Size 2.Connectivity 3.Site Orientation 4.Public Realm Enhancements 5.Active Ground Floor Design and Use 6.Transition to Neighborhoods 16 Countywide Plan Map Current 17 Countywide Plan Map Standard Categories Transit-Oriented Proposed 18 •Consolidate multi-category areas into as few categories as practical •Allow flexibility and mix of uses •Concentrate higher densities and intensities on transit corridors •Protect and enhance residential areas •Protect employment-related uses from encroachment by other uses •Recognize unique character of beaches 19 Guidelines for Conversion to New Categories Proposed New Category & Standards Current Categories Neighborhood 10 DU/Ac. (15 DU/Ac. within Corridors) .55 FAR Residential Rural Residential Estate Residential Suburban Residential Low Residential Urban Residential Low Medium Residential Medium Residential High Planned Redevelopment – Residential Residential/Office Limited (less than 3 ac.) Residential/Office General (less than 3 ac.) Residential/Office/Retail (less than 3 ac.) Commercial Neighborhood (less than 3 ac.) Commercial Limited (less than 3 ac.) Commercial Recreation (less than 3 ac.) Commercial General (less than 3 ac.) Institutional (less than 5 ac.) Transportation/Utility (less than 3 ac.) Recreation/Open Space (less than 5 ac.) Standard Categories N 20 Proposed New Category & Standards Current Categories Office 15 DU/Ac. .50 FAR Residential/Office Limited Residential/Office General Institutional (less than 5 ac.) Transportation/Utility (less than 3 ac.) Recreation/Open Space (less than 5 ac.) Resort 30 DU/Ac. 1.2 FAR Resort Facilities Medium Resort Facilities High Residential Estate (RFO) Residential Low (RFO) Residential Urban (RFO) Residential Low Medium (RFO) Residential Medium (RFO) Residential Medium Residential High Commercial Recreation Commercial General Institutional (less than 5 ac.) Transportation/Utility (less than 3 ac.) Recreation/Open Space (less than 5 ac.) Standard Categories RT 21 O Proposed New Category & Standards Current Categories Retail & Services 24 DU/Ac. .55 FAR Residential/Office/Retail Commercial Neighborhood Commercial Limited Commercial Recreation Commercial General Institutional (less than 5 ac.) Transportation/Utility (less than 5 ac.) Recreation/Open Space (less than 5 ac.) Employment .65 FAR Industrial Limited Institutional (less than 5 ac.) Transportation/Utility (less than 5 ac.) Industrial .75 FAR Industrial General Commercial General (less than 5 ac.) Standard Categories R&S 22 E I Proposed New Category & Standards Current Categories Public/Semi- Public 12.5 DU/Ac. .65/1.0/.7 FAR (dependingon use) Institutional Transportation/Utility Recreation/ Open Space .25 FAR Recreation/Open Space Transportation/Utility (less than 5 ac.) Standard Categories P/SP R/OS 23 Proposed New Category & Standards Current Categories Preservation .10/.25 FAR (dependingon use) Preservation Resource Management Overlay Standard Categories P 24 Clearwater FLUPMap Local maps identical to the Countywide Map Current Countywide FLUP Map Multiple Residential Classifications Countywide Plan Map broader in most areas. One Residential Classification Neighborhood allows commercial & Office less than 3 acres. Current Countywide Plan Map Proposed Countywide Plan Map Example: Current Commercial General parcels totaling 2.3 acres Neighborhood allows commercial & Office less than 3 acres. Current Countywide Plan Map Proposed Countywide Plan Map Example: Current Residential/Office General parcels totaling 2.9 acres Commercial & Office greater than 3 acres. Current Countywide Plan Map Proposed Countywide Plan Map Example: Current Commercial General parcels totaling 170.7 contiguous acres Transitions to new Retail & Services category The IL category transitions to Employment. Proposed Countywide Plan MapCurrent Countywide Plan Map Example: Current Industrial Limited parcels totaling 289.5 contiguous acres Special Area Plans transition to Activity Center. Proposed Countywide Plan MapCurrent Countywide Plan Map •33 months •25 meetings of the JLUTWG •25 outreach presentations to local governments and agencies •34 informal staff-to-staff meetings •7 major PAC/PPC presentations (and numerous informal updates) •1 public outreach brochure The Work Program Thus Far… 32 Review Steps •June –August •Local government review and comment period •August –September •Finalize documents based on local government comments •Finalize Countywide Rule development •Workshop/meeting(s) with PPC and CPA •September –December •PPC and CPA public hearing process start-up 33 Questions or Comments? 34 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-297 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 2 File Type: Action ItemIn Control: Office of Managment & Budget Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Adopt a tentative millage rate of 5.1550 mills for fiscal year 2014/15 and set public hearing dates on the budget for September 4, 2014 and September 18, 2014, to be held no earlier than 6:00 p.m. SUMMARY: In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting a budget. This information must be provided to the Pinellas County Property Appraiser and Tax Collector by August 4, 2014. The City's proposed millage rate and public hearing dates will be included on the TRIM notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing notification to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the public hearing. The City Manager's recommended millage rate is 5.1550 mills. The rate is 5.92% more than the rolled back rate of 4.8667 mills. The rolled-back rate is the millage rate that will provide the City with the same property tax revenue as was levied in the prior year. If the proposed millage rate of 5.1550 mills is adopted, the City's ordinance adopting the millage rate will reflect an 5.92% increase from the rolled-back rate of 4.8667 mills. The Preliminary Budget is based upon the preliminary property values provided by the Pinellas County Property Appraiser on May 28, 2014. These property values reflected a 5.3% increase from $7.737 billion to $8.145 billion. Updated property values were provided from the Appraiser on July 1, 2014. The updated values reflect a greater increase of 6.45%, from $7.737 billion to $8.237 billion. This will provide approximately $390,390 in net additional General Fund revenues for fiscal year 2014/15 that are not reflected in the proposed budget. These revenues could be allocated by the City Council for other issues not addressed in the proposed budget, or they will be allocated to General Fund reserves. The proposed millage rate as well as other TRIM millage rates will be noted on the 2014 compliance forms as follows: 5.1550 mills - Tentative millage rate 4.8667 mills - Rolled-back millage rate 7.5592 mills - Maximum majority vote rate Page 1 City of Clearwater Printed on 7/16/2014 File Number: ID#14-297 8.3151 mills - Maximum two-thirds vote rate Page 2 City of Clearwater Printed on 7/16/2014 Fiscal Year: 2014 -2015 FUND FY 2013/14 FY 2014/15 Increase General Fund $ 114,923,880$ 116,977,170 2% Utility 141,939,510 147,851,460 4% Enterprise 9,349,950 9,534,490 2% InternalService 50,412,530 52,327,450 4% Special Revenue 14,124,860 16,483,760 17% Capital 44,425,910 48,483,540 9% Department FY 2013/14 FY 2014/15 Increase Police $ 36,329,010$ 36,849,710 1% Fire 23,891,470 23,944,250 0% Parks & Recreation 21,135,600 22,345,110 6% Library 5,959,470 6,053,870 2% Planning/DevSvc 4,838,370 4,887,680 1% Engineering 7,588,090 7,569,460 0% AllOther Departments 15,181,870 15,327,090 1% TOTAL $114,923,880$116,977,170 2% Major PointsMajor Points Balanced Budget No Use of Reserves Salaries Fully Funded Pension Relief Balanced Budget No Use of Reserves Salaries Fully Funded Pension Relief $117.0 Million Public Safety 52% Parks and Recreation 19%Library 5% Engineering 7% Planning and Development 4%Adm/Other 13% $117.0 Million Personnel 68% Operating 17% Internal Service 12% Debt 0% Transfers 3% 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 1,900.7 1,954.3 1,846.5 1,703.9 1,689.5 1,708.9 Full Time Equivalent Positions $0 $20 $40 $60 $80 $100 $120 $140 $102.5 $121.9 $121.1 $111.5 $113.4 $117.0 General Fund History CPI Million Source FY 2013/14 FY 2014/15 Increase Ad ValoremTax $ 36,453,700$ 38,389,230 5% Utility Taxes 13,588,250 14,182,400 4% Other Taxes 8,260,650 7,604,780 (8%) Franchise Fees 10,163,930 10,090,000 (1%) Intergovernmental 19,068,590 19,578,310 3% Charges for Service 13,663,630 14,222,040 4% Transfers In 7,798,490 8,008,410 3% All Other Revenue 4,503,220 4,902,540 9% Use of Reserves 1,423,420 0(100%) TOTAL $114,923,880$116,977,710 2% $0 $2 $4 $6 $8 $10 $12 200520062007200820092010 2011 2012 2013 2014 $ 8.6 $ 11.1 $ 8.9 $7.6 $7.7 $8.2 Property Values Billion $0 $10 $20 $30 $40 $50 $60 $53.3 $46.2 $39.1 $37.2 $40.7 Ad Valorem Tax Revenues Million Millage Rate Current Millage Rate5.155 mills Proposed rate 5.155 mills 8.09% increase over rolled-back rate Rolled-back rate 4.7693 mills Capital ProjectsCapitalProjects Countryside Fire Station Police Firing Range Bright House Field Repairs Phillip Jones Park Restroom/Concession Long Center Exterior Improvements Police Radio P25 Upgrade Business Process Review Countryside Fire Station Police Firing Range Bright House Field Repairs Phillip Jones Park Restroom/Concession Long Center Exterior Improvements Police Radio P25 Upgrade Business Process Review UtilityRateIncreases October1,2014 WATER & SEWER 4.5% SOLID WASTE 0% GAS 0% RECYCLING 3.5% STORMWATER 2.75% Public Hearings September 4 September 18 Fiscal Year: 2014 -2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 14-09 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: ResolutionIn Control: Gas System Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Approve and accept an Interlocal Agreement /Franchise with the City of Tarpon Springs in order to provide natural gas service to the citizens of Tarpon Springs and adopt Resolution 14-09. SUMMARY: On July 2, 2014, the City of Tarpon Springs Commission approved the Interlocal Agreement with the City of Clearwater, which provides a franchise for the Clearwater Gas System to provide natural gas service in Tarpon Springs. The Clearwater Gas System has provided service within the City of Tarpon Springs for the past 30 years under a prior franchise agreement. The Interlocal Agreement provides the City of Clearwater an additional 15 year non-exclusive right to continue to construct, operate and maintain all facilities necessary to supply natural gas to the City of Tarpon Springs. The agreement also provides for renewal options, which may extend this agreement for up to 30 years. The Interlocal Agreement provides for a 6% franchise fee to be paid by the consumers of natural gas within the City of Tarpon Springs. The prior franchise fee was 5%. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/16/2014 Resolution No. 14-09 RESOLUTION NO. 14-09 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ACCEPTING THE FRANCHISE, PRIVILEGE AND CONCESSION OF THE CITY OF TARPON SPRINGS, FLORIDA, FOR THE PURPOSE OF FURNISHING GAS WITHIN THE CITY OF TARPON SPRINGSAND TO ITS INHABITANTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, renewal of a gas system franchise has been approved by the adopting of Ordinance No. 2014-11of the City of Tarpon Springson July 2,2014, a copy of which is attached hereto and incorporatedherein as Exhibit “A”; and WHEREAS, the terms and conditions of the gas system franchise are acceptable; now, therefore, BE IT RESOLVED BY THE CITY COUNCILOF THE CITY OF CLEARWATER, FLORIDA: Section 1. The terms and conditions of the gas systemfranchise, privilege and concession granted by the City of Tarpon Springs, Florida, by the adoption of Ordinance No. 2014-11of the City of Tarpon Springs, are hereby accepted, and the City Councilof the City of Clearwater does hereby agree to comply with the terms and conditions of the franchise and with all reasonable ordinances adopted by the City Council of the City of Tarpon Springsnot inconsistent with the franchise. Section 2. This resolution shall take effect immediately upon adoption. Upon adoption of this resolution, the City Clerk shall deliver a certified copy to the City Clerk of the City of Tarpon Springs. PASSED AND ADOPTED this 17th day of July,2014. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-273 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 11.3 SUBJECT/RECOMMENDATION: Authorize the adoption of Supplemental Joint Participation Agreement (JPA) Number 3 between the City of Clearwater and the State of Florida Department of Transportation (FDOT) amending contract AQJ28 to expand the scope of work, authorize the appropriate officials to execute same, and adopt Resolution 14-24. SUMMARY: FDOT Supplemental JPA Number 3 expands the scope of work to include the acquisition of a storage shed for maintenance equipment, a new airport entrance sign, a scissor lift for the maintenance of the ceilings inside the hangars, a scrubber for hangar floor maintenance and a new sign for the exterior of the FBO building at the Clearwater Airpark at no additional cost to either party. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/16/2014 RESOLUTION NO 14-24 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (JPA) NUMBER 3 BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION AMENDING CONTRACT AQJ28 TO INCLUDE THE ACQUISITION OF A STORAGE SHED, A NEW AIRPORT ENTRANCE SIGN, A SCISSOR LIFT, A SCRUBBER FOR HANGAR FLOOR MAINTENANCE AND A NEW SIGN FOR THE EXTERIOR OF THE FBO BUILDING AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 2, 2012, the City of Clearwater (City) authorized the execution of a Joint Participation Agreement(JPA)AQJ28 between the City and Florida’s Department of Transportation (FDOT)for a project to install the appropriate lighting, markings, and a Precision Approach Path Indicator (PAPI) System to the Clearwater Airpark runway, and extend the runway to the north to improve safety; and WHEREAS, on June 20, 2012, the City of Clearwater (City) authorized the execution of Supplemental Joint Participation Agreement (JPA) AQJ28 Number 1 to include additional work such as the completion of groundwater cleanup, the purchase and installation of an automated weather operating system (AWOS), and the purchase of a portable fueling trailer, auxiliary power unit, and aircraft tugat no additional cost to either party;and WHEREAS, on November 1st, 2012the City of Clearwater (City) authorized the execution of Supplemental Joint Participation Agreement (JPA) AQJ28 Number 2 to include additional funding in the amount of $125,000.00 for the completion of groundwater cleanup, the purchase and installation of an automated weather operating system (AWOS), and the purchase of a portable fueling trailer, auxiliary power unit, and aircraft tugat 80% FDOT and 20% City funding;and WHEREAS, FDOT has agreed to amend the JPA via Supplemental Joint Participation Agreement Number 3to expand the scope of work to include the acquisition of a storage shed, a new airport entrance sign, a scissor lift, a scrubber for hangar floor maintenance and a new sign for the FBO building at the Clearwater Airpark at no additional cost to either party. WHEREAS, adoption of Resolution 14-24 would authorize the appropriate officials to execute Supplemental Joint Participation Agreement Number 3, which is attached hereto as Exhibit “A;” now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Supplemental Joint Participation Number 3between the City and the Stateof Florida Department of Transportation, Financial Project No.: 42255419401, Contract No.: AQJ28, at the Clearwater Airpark. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2014. ____________________________ George N.Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 14-22 Agenda Date: 7/14/2014 Status: Reported to CouncilVersion: 1 File Type: ResolutionIn Control: Public Communications Agenda Number: 11.4 SUBJECT/RECOMMENDATION: Approve the Interlocal Agreement between the City of Clearwater, Florida and Pinellas County, which will allow the County to provide television support services to the City on an as-needed basis, authorize the appropriate officials to execute same, and adopt Resolution 14-22. SUMMARY: The Public Communications Department has only two full-time employees trained to operate the C-VIEW government access television station. From time to time, employees are out of the office for vacation, sick, funeral leave or other various reasons, and those times can conflict with the televised meeting schedule. In order to keep meetings televised and C-VIEW TV operational, staff has created an agreement with Pinellas County’s Department of Communications to have County staff trained in operating Clearwater’s television station and equipment. This is a more cost-effective and reasonable option than hiring part-time employees or contractors. APPROPRIATION CODE AND AMOUNT: Funds are available in the Public Communication’s budget to fund costs associated with this agreement. Page 1 City of Clearwater Printed on 7/16/2014 Resolution No. 14-22 RESOLUTION NO. 14-22 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND PINELLAS COUNTY, FLORIDAFOR STAFF SUPPORT SERVICES FOR VIDEOTAPING AND TELEVISING PUBLIC MEETINGS; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City from time to time experiences a shortage of staff necessary to videotape andtelevise City public meetings;now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1.Authority. This Resolution is adopted pursuant to the provisions of Section 163.01, Florida Statutes; Article VIII, Section 2 of the Constitution of the State of Florida; Chapter 166, Florida Statutes; and other applicable provisions of law (collectively, the "Act"). SECTION3.Authorization of the Form of the Interlocal Agreement. The execution of the Interlocal Agreement, the form of which is attached hereto as Exhibit A (the "Interlocal Agreement") is hereby authorized. The form of the Interlocal Agreement is hereby approved, subject to such changes, insertions and omissions and such filling of blanks therein as may be approved and made in such form by the officers of the County and the City executing the same, such execution and delivery to be conclusive evidence of such approval. SECTION 4.Authorization to Execute. The Mayor and the City Clerk are hereby authorizedand empowered to execute the Interlocal Agreement in substantially the form attached hereto, subject to such changes, modifications, additions, deletions and substitutions which do not materially affect the substance thereof as such officers executing thesame shall approve, such execution to be conclusive evidence of such approval and to affix thereto or impress thereon the seal of the City. SECTION 5.Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this _______ day of _____________, 2014. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Interlocal Agreement Between Pinellas County and the City of Clearwater for Staff Support Services for Videotaping and Televising Public Meetings Interlocal Agreement Between Pinellas County andtheCityof Clearwater For Staff Support Services For Videotaping and Televising Public Meetings Thisagreement madeandentered intothis seventeenthdayof July, 2014,by and between Pinellas County, a political subdivision of the State of Florida (hereinafter called the "County")and theCity of Clearwater,amunicipal corporation (hereinafter called "City") andcollectivelyreferred toas Parties. WITNESSETH: WHEREAS,thisAgreementismadeandenteredbetweenthepartiespursuant to section163.01Floridastatutes,the"FloridaInterlocalCooperationActof1969";and WHEREAS, the City from time to time experiences a shortage of staff necessary to videotape and televise City public meetings; and WHEREAS,theCitydesirestoenterintoanagreementwiththeCountytoprovide supportservicesasneededin order to videotape and televise meetings (Meeting Support Services);and WHEREAS,theCitywillprovidetheCountywithalistofmeetingsthatneed Meeting SupportServices;and NOW,THEREFORE, inconsideration ofthemutualcovenantsandagreements hereinafter contained,itisagreedbyandbetweenthepartiesheretoasfollows: 1. PURPOSE ThatCounty,byandthroughitsDepartmentofCommunications,agrees toprovide Meeting SupportServicesasneeded totheCityasprovidedinthisInterlocal Agreement. Meeting SupportServiceswillbeprovidedonanasneededbasis. ThepurposeofthisInterlocal Agreementistoassist the CitywhenCitystaffis on vacation, outsickorotherwiseunavailable to televise meetings. 2. NECESSARY SKILLS County acknowledges that it has the ability to provideservices consistent with this agreement inthefollowingareas: a. Knowledgeofequipment,televisionproductionandtelevisionbroadcasting Interlocal Agreement Between Pinellas County and the City of Clearwater for Staff Support Services for Videotaping and Televising Public Meetings techniques b. Skillintheoperationofvideoproductionequipment. c. Abilitytooperatecommonvideoproductionequipmentsuchascameras, switchers,audio mixersandeditors d. Abilitytoapplybasiccomputerapplicationsandsoftware 3. OPERATIONAL RESPONSIBILITIES a. DirectmeetingsintheCity"MeetingControl Center." b. OperatetheCity'svideoequipmentsuchas cameras,switchers,audiomixers, videotape recorders/players,editors,charactergenerators,automatedplayback equipmentand dimmer boards. c. Perform Webcastingoperations including digitizingprogramming, creating indexing files, etc. 4. COMPENSATION TheCityshallpaytheCountythesumofthirty-sixdollarsandsixty-eightcents ($36.68)per person per hour.Thehourlyrateisbasedontheaveragesalarywith benefitsofcurrentstaff performing thesesamefunctionsforthe County. 5. NOPLEDGEOFADVALOREM TAXES ThisInterlocal Agreement doesnotconstituteageneralindebtedness ofthe County within the meaning of any constitutional, statutory, or charter provision or limitation and it is expresslyagreedthattheCityshallnothavethe righttorequireorcompeltheexerciseof ad valoremtaxingpoweroftheCounty, ortaxationofanyrealorpersonalpropertytherein for thepaymentofany monetaryobligations dueunderthetermsofthisInterlocal Agreement. It is furtheragreedbetweenthePartiesthatthisInterlocalAgreementandanyfunds called fortobepaidhereundershallnotconstitutealienuponanyrealor personalpropertyof the County. ThisInterlocal Agreement doesnotconstituteageneralindebtedness ofthe City within the meaning of any constitutional, statutory, or charter provision or limitation and it is expresslyagreedthattheCountyshallnothavetherightto requireorcompeltheexerciseof ad valoremtaxingpoweroftheCity,ortaxation ofanyrealorpersonalpropertytherein for thepaymentofanymonetary obligations dueunderthetermsofthisInterlocal Agreement. It isfurtheragreed betweenthePartiesthatthisInterlocalAgreementandanyfunds called fortobe Interlocal Agreement Between Pinellas County and the City of Clearwater for Staff Support Services for Videotaping and Televising Public Meetings paidhereundershallnotconstitutealienuponanyrealorpersonalpropertyof the City. 6. TERMINATION a. ThisInterlocal Agreement maybeterminated forconvenience byeitherparty uponno less thanthirty(30)dayswrittennotice.Saidnoticeshallbedelivered bycertified mail,return receiptrequested,orinpersonwithproofof delivery. b. IntheeventfundstofinancethisInterlocalAgreementbecomeunavailable,either party may terminate the Interlocal Agreement upon no less than twenty-four (24) hours notice in writingto the otherparty.Saidnoticeshallbedeliveredby certifiedmail,return receipt requested,orinpersonwithproofofdelivery. Each partyshallendeavor,whenever possible andconsistent withitslegalobligations andprinciples ofprudentmanagement, to provide thirty(30)daysnoticefor TerminationforLackofFunds.Eachpartyshallbefinal authority astothe availability offunds and extension ofnotice beyond theminimum time herein stated. c. Following thetermination ofthisInterlocal Agreement, the Cityshallremain liable forthepaymentofallexpenditures incurredbytheCountyuptotheeffective date of termination. 7. DISPUTE RESOLUTION County andtheCityagreetocontacteachotherimmediately upontheoccurrence of any serious concern thatemerges duringthetermofthisInterlocal Agreement thatmay affect the continuance of the project or their partnership. County and the City agree that key project staff willmeetasquickly asispractical and reasonable toresolve concernsor problem s. 8. INDEMNIFICATION TheCounty andCityagreetobefullyresponsible fortheirown actsof negligence, or their respective agents' actsofnegligence whenacting within the scopeoftheiremployment, and agreetobeliableforanydamagesresultingfrom saidnegligence.Nothinghereinisintended to serveasawaiverofsovereign immunitybyeithertheCountyorCity.Nothinghereinshall be construedasconsent bytheCountyorCitytobesuedbythirdpartiesinanymannerarising out ofthis Interlocal Agreement. 9. ASSIGNMENTS Interlocal Agreement Between Pinellas County and the City of Clearwater for Staff Support Services for Videotaping and Televising Public Meetings a. NeithertheCountynortheCityshallassigntheresponsibility ofthisInterlocal Agreement toanotherpartywithoutpriorwrittenapprovaloftheother party. b. Nosuch approval ofany assignment shall bedeemed inany event orinany manner to provide for the incurrence of any obligation by County or City in addition to the reimbursement obligationstatedinthisInterlocalAgreement. Allsuchassignments shall be subjecttotheconditionsofthisInterlocal Agreement. 10.SCHEDULING TheCityagreestoprovidetheCounty withas much notice as possible of Meeting Support Service requests. When possible, a list of scheduled meetings that require Meeting Support Services shall be provided with no less than 48 hours notice. 11.WAIVER Both parties reserve the right to waive requirements of this Interlocal Agreement where warrantedbyspecial circumstances. 12.AMENDMENTS Noamendments tothisInterlocal Agreement maybemadewithout priorwritten approval of Countyand City. 13.GOVERNING LAW ThelawsoftheStateofFloridashallgovernthisInterlocal Agreement. 14.SEVERABILITY ThetermsandconditionsoftheInterlocalAgreement shallbedeemedtobe severable. Consequently,ifanyclause,term, orconditionhereofshallbeheldtobe illegalorvoid,such determination shallnotaffectthevalidityorlegalityoftheremaining termsandconditions,and notwithstandinganysuchdetermination,thisAgreement shallcontinueinfullforce andeffect, unlesstheparticularclause,termorcondition heldtobeillegalorvoidrendersthebalanceof theAgreementimpossibleto perform. INWITNESS WHEREOF,thepartiestothisInterlocalAgreementhavecausedthe sametobe signedbytheirdulyauthorized representatives this day ,2014. Interlocal Agreement Between Pinellas County and the City of Clearwater for Staff Support Services for Videotaping and Televising Public Meetings ATTEST:PINELLAS COUNTY, a political subdivision of Subdivision of the State of Florida, acting by By:__________________________And through its County Administrator By:________________________________ County Administrator APPROVED AS TO FORM: OFFICE OF COUNTY ATTORNEY By:_________________________ Attorney CITY OF CLEARWATER,FLORIDA By: _______________________________ William B. Horne II City Manager Approved as to form:Attest: _______________________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-307 Agenda Date: 7/17/2014 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Council Agenda Number: 12.1 SUBJECT/RECOMMENDATION: Election Sign Education and Enforcement SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/16/2014 Draft Letter to Qualified Candidates for the 2014 Election Cycle Dear Candidate, We note that you have qualified for the 2014 Election Cycle for the office of ______position_____________. As a courtesy, we are attaching the copy of the Clearwater regulations for political signage. In many ways they are similar to other jurisdictions, but in some ways are different from the rules that apply to the unincorporated county. We suggest you share these with your campaign volunteers in order that potential sign problems would be minimized. Should you have further questions please contact ________________ Sincerely, City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-318 Agenda Date: 7/17/2014 Status: Agenda ReadyVersion: 2 File Type: Action ItemIn Control: City Council Agenda Number: 12.2 SUBJECT/RECOMMENDATION: 2015 Trip to Nagano SUMMARY: N/A APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 7/16/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-296 Agenda Date: 7/14/2014 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Worksession Agenda Number: 14.1 SUBJECT/RECOMMENDATION: Borrow unused travel budget to cover Florida League of Cities Annual Conference Expenses - Councilmember Jonson SUMMARY: N/A APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 7/16/2014 Request to "borrow" unused travel budget to attend Florida League of Cities Conference Jonson Travel Budget 1-Oct-13 $800.00 Spent to date $258.50 Florida League of Cities Legislative Conference November 2013 Available balance $541.50 August 14-16 FLC Annual Conference (Est) Registration $425.00 Hotel (3 nights @$179)$537.00 Mileage (272 miles)$304.64 Misc 50.00$ Total $1,316.64 Shortfall $775.14 Available Balance Mayor 4,743.00$ Vice Mayor 625.00$ CM Polglase 785.00$ CM Hamilton 800.00$ 6,953.00$ Council Travel Budget Status as of July 16, 2014 re: 14.1 Council George Cretekos, Mayor (09101) Doreen Hock - DiPolito, Vice Mayor (09102) Jay Polglaze, Councilmember (09103) Bill Jonson, Councilmember (09104) Hoyt Hamilton, Councilmember (09105) Budget Spent Balance 4,760.00 319.66 800.00 175.00 800.00 0.00 800.00 698.50 800.00 308.00 Notes: 4,440.34 (2014 Phillies Trip & Mayor's Luncheon) 625.00 (FLC 2013 Leg Conf. & Chamber Focus Group Mtg.) 800.00 ($15 Parking incorrectly charged -being moved to CM Jonson) 101.50 (FLC Jacksonville & FLC Orlando) 492.00 (2014 Phillies Trip - Airline)