17-23RESOLUTION NO. 17 -23
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
APPROVING AN AGREEMENT, AS ATTACHED IN EXHIBIT A,
BETWEEN THE CITY OF CLEARWATER (THE CITY) AND
FORWARD PINELLAS ACCEPTING A COMPLETE STREETS
CONCEPT PLANNING GRANT TO DEVELOP A CONCEPT AND
DESIGN PLAN FOR DREW STREET (S.R. 590) FROM NORTH
OSCEOLA AVENUE TO US HIGHWAY 19; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the term Complete Streets describes a comprehensive, integrated
transportation network with infrastructure and design that allows safe and convenient
travel along and across streets for all users, including pedestrians, bicyclists, riders and
drivers of public transportation, as well as drivers of other motor - vehicles, and people of
all ages and abilities; and
WHEREAS, Complete Streets are essential in providing safe routes to school for
children; and
WHEREAS, The Florida Department of Transportation (FDOT) adopted a
Complete Streets policy in 2014 to promote safety, quality of life, and economic
development in Florida; and
WHEREAS, Forward Pinellas recently developed an incentive program to assist
local governments in planning, designing and constructing Complete Streets projects
that entail roadway redesign to provide better access, safety, and mobility for all users,
with emphasis on projects that serve as an economic catalyst within corridors or activity
centers; and
WHEREAS, the City acknowledges the benefits and value of the public health
and welfare of reducing vehicle miles travelled and increasing transportation by walking,
bicycling, and public transportation; and
WHEREAS, a balanced urban community requires a comprehensive, integrated,
network of roadways designed and planned from a sustainable whole systems
approach that is also sensitive to the context and needs of differing city neighborhoods,
providing equal access to transportation options for all users; and
WHEREAS, the City Council wishes to encourage walking, bicycling, and the use
of public transportation as safe, convenient, environmentally friendly, and economical
modes of transportation that promote health and independence for all people; and
WHEREAS, the City Council recognizes that the careful planning and
coordinated development of Complete Streets infrastructure offers long -term cost
1
Resolution No. 17 -23
savings for local and state government, benefits public health, and provides financial
benefits to property owners, businesses, and investors; and
WHEREAS, Drew Street (S.R. 590) is a multi - jurisdictional east -west roadway
traversing the City that is operated by Pinellas County, FDOT, and the City, with mostly
four narrow undivided travel lanes from N. Osceola Avenue to Saturn Avenue and four
divided lanes from Saturn Avenue to US Highwayl9; and
WHEREAS, the City of Clearwater Comprehensive Plan Citywide Design
Structure identifies Drew Street as a Redevelopment Corridor that needs character
changes or restoration to create a better condition and supports creating walkable
communities and livable neighborhoods on Drew Street from Myrtle Avenue to US
Highway 19; and
WHEREAS, representatives of the Skycrest Neighborhood Association and other
interested citizens approached the City requesting the City's participation in the Forward
Pinellas Complete Street Grant Program for the development of a Complete Streets
conceptual design plan for Drew Street; and
WHEREAS, the City desires to develop a Complete Streets concept and design
plan for Drew Street (S.R. 590) from North Osceola Avenue to US Highway 19
(hereinafter referred to as the Project), which could serve to enhance the connectivity
between the City's Downtown Community Redevelopment Area and the US 19 /Drew
Street Activity Center, if the City elects to implement the plan; and
WHEREAS the City Council wishes to encourage public participation in
community decisions concerning street design, and the Project would provide
opportunities for public input in the development of Complete Streets concept designs;
and
WHEREAS, an agreement is required, establishing the agreed payment not to
exceed fifty thousand dollars ($50,000.00) and the scope of the grant; and
WHEREAS, the grant agreement (the Agreement) between the City and Forward
Pinellas, attached as Exhibit "A," details the scope of responsibility between Forward
Pinellas and the City as part of the Complete Streets Concept Planning Grant program;
now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. The City approves the Agreement, as attached in Exhibit "A,"
accepting the Forward Pinellas Complete Streets Concept Planning Grant in an amount
not to exceed fifty thousand dollars ($50,000.00) and authorizing appropriate City
officials to take all necessary action as may be necessary or appropriate to perform all
2 Resolution No. 17 -23
obligations and commitments of the City of Clearwater in accordance with the provisions
of the Agreement.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 20 day of July
Camilo Soto
Assistant City Attorney
, 2017.
cteohet\ f4.\04)
George N. Cretekos
Mayor
Attest:
Rosemarie CaII
City Clerk
3 Resolution No. 17 -23
AGREEMENT FOR COMPLETE STREETS FUNDING
BETWEEN FORWARD PINELLAS AND THE CITY OF CLEARWATER
THIS AGREEMENT is entered into the day of 2017 between
FORWARD PINELLAS, in its role as the Pinellas County Metropolitan Planning
Organization (MPO) and the Pinellas Planning Council (PPC), and the City of Clearwater
(hereinafter referred to as "City"), collectively referred to as the "Parties."
WITNESSETH:
WHEREAS, Forward Pinellas recently developed an incentive program to assist
local governments in planning, designing and constructing "Complete Streets" projects
that entail roadway redesign to provide better access, safety, and mobility for all users,
with emphasis on projects that serve as an economic catalyst within corridors or activity
centers; and
WHEREAS, during a countywide call for local governments to submit applications
for funding for Complete Streets projects, the CITY submitted an application for the
development of a concept plan for Drew Street in Clearwater, Florida (PROJECT); and
WHEREAS, a subcommittee comprised of members of the Technical Coordinating
Committee and the Planning Advisory Council met to review each application and develop
a recommendation for funding; and
WHEREAS, said subcommittee recommended Forward Pinellas provide Federal
Highway Administration (FHWA) funding to the CITY for the PROJECT; and
WHEREAS, Forward Pinellas is authorized to provide FHWA funding to local
governments for qualified projects; and
WHEREAS, Forward Pinellas has determined that the PROJECT is eligible for
FHWA funding and adopted the subcommittee recommendation to provide such funding
for the PROJECT on (enter date of meeting where this was approved); and
WHEREAS, the CITY has stated that it is qualified to develop this concept plan
with the assistance of Forward Pinellas funding support; and
WHEREAS, it is necessary for the parties to reduce their mutual agreements to
writing.
NOW, THEREFORE, in consideration of the mutual performance of the covenants
and promises contained herein, the parties agree as follows:
1. SCOPE OF SERVICES
A. The City shall develop a Complete Streets Concept Plan for the Drew Street
corridor from North Osceola Avenue to US Highway 19, the scope of which will
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include the outline and deliverables included in the City's Application for Concept
Planning Grant, attached hereto and incorporated herein as Exhibit A (hereinafter
referred to as the "PROJECT ").
B. Funding provided by Forward Pinellas to the City shall not exceed the agreed -
upon fifty thousand dollars ($50,000), which will be paid to the CITY on a
reimbursement basis as further outlined herein.
In accordance with the requirements of 2 CFR 200, Section 287.55 F.S., federal
Brooks Act 23 CFR 172 and 23 USC 112, CITY can utilize Forward Pinellas
procured consultants to fulfill the scope of service requirements as outlined
herein.
2. TERM
A. This shall be a one -time project. The CITY agrees to begin the PROJECT work
in a timely manner after receiving a Notice to Proceed from the assigned Forward
Pinellas project manager ( "project kick - off'), which shall be given no later than 30
days from the date this agreement is executed by both parties, and complete the
PROJECT by July 1, 2018.
3. BILLING AND COMPENSATION
A. The CITY shall submit electronic invoices on a quarterly basis. All invoices must
include a progress report showing the actual tasks performed and their relationship
to the scope of services and the fee claimed. Invoices shall include a table showing
the percentage complete by task and the total budget amount. Each invoice must
include a transmittal letter signed by the CITY'S project manager stating that the
submittal package is complete, and all pertinent calculations and details have been
checked for accuracy and completion. Incomplete invoice submittals and invoices
not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to the CITY for correction. All progress reports
and invoices shall be e- mailed to the attention of the Forward Pinellas project
manager.
B. Forward Pinellas shall have the right to monitor the CITY to ensue funding
provided by this AGREEMENT is used for authorized purposes. Forward Pinellas
may request additional information and evidence to support any and all invoices
for fees claimed to be earned by the CITY before Forward Pinellas processes the
invoices for payment. Reimbursement will be provided only for authorized costs
that can be documented as directly related to the PROJECT.
C. Should the CITY collect any third -party payments for eligible activities for which
Forward Pinellas has reimbursed the CITY, the CITY shall reimburse Forward
Pinellas up to the total amount reimbursed by Forward Pinellas.
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D. In consideration of the satisfactory performance of the provisions of this
Agreement, Forward Pinellas shall compensate the CITY an amount not to exceed
fifty thousand dollars ($50,000). Any costs of the PROJECT above and beyond
this amount are the sole responsibility of the CITY.
E. Upon Board or Executive Director approval of submitted invoices, as applicable,
Forward Pinellas shall make payments, as invoiced, to the CITY within 30 days of
approval by the Board or Executive Director.
4. FUNDING CLAUSE
The source of funds available for the PROJECT require approval by the Federal Highway
Administration (FWHA) and FDOT. Forward Pinellas will seek such required approval
before submitting a Notice to Proceed to the CITY. In the event that Federal Highway
Administration does not authorize the use of funds contemplated hereunder, this
AGREEMENT shall be null and void and neither party shall be liable or have an obligation
to perform hereunder.
5. RECORDS
The CITY will keep adequate records and supporting documentation applicable to this
contractual matter including any deliverables related to the PROJECT. Said records and
documentation will be retained by the CITY consistent with 49 CFR 19.53 retention
requirements or chapter 119, Florida Statutes, whichever is longer. Forward Pinellas and
its authorized agent shall have the right to review, inspect, and copy all such records and
documentation as often as it deems necessary during the record retention period stated
above; provided, however, such activity shall be conducted only during normal business
hours.
6. NOTICE
All notices required to be given by law or under this AGREEMENT shall be in writing and
sent to the following addresses, unless the parties indicate otherwise in writing:
Forward Pinellas
(project manager or executive director)
310 Court Street , 2nd Floor
Clearwater, Florida 33756
(email if desired)
City of Clearwater
Zain Adam
PO Box 4748
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Clearwater, FL 33758 -4748
Zain.Adam @MyClearwater.com
7. TERMINATION
All services are to be performed by the CITY to the satisfaction of Forward Pinellas'
Executive Director based on the requirements of Exhibit A. Forward Pinellas' Executive
Director shall decide all questions and disputes, of any nature whatsoever, that may arise
in the execution and fulfillment of the services provided for under this AGREEMENT.
a. Termination for Convenience Forward Pinellas may terminate this
AGREEMENT, in whole or in part, at any time upon thirty day's (30) written notice
to the CITY. The CITY shall be paid its costs, including AGREEMENT close -out
costs, and profit on work performed up to the time of termination. The CITY shall
promptly submit its invoice to Forward Pinellas for costs incurred up to the effective
date of termination, provided CITY has not been previously reimbursed for such
costs.
b. Termination for Cause If the CITY fails to perform in the manner called for in
the AGREEMENT, Forward Pinellas may terminate this AGREEMENT for default.
Termination shall be effected by serving a notice of termination on the CITY setting
forth the manner in which the CITY is in default. The CITY will only be paid the
AGREEMENT price for services performed in accordance with the manner of
performance set forth in the AGREEMENT.
If it is later determined by Forward Pinellas that acts beyond the CITY'S control led
to the breach or default, including but not limited to a strike, fire, or flood, Forward
Pinellas, after setting up a new delivery of performance schedule, may allow the
CITY to continue work, or treat the termination as a termination for convenience.
c. Opportunity to Cure In the event of termination for breach or default, Forward
Pinellas shall allow the CITY an opportunity to cure the defect within 30 days of
receiving a notice of termination. In such case, the notice of termination will state
the time period in which cure is permitted and other appropriate conditions.
If the CITY fails to remedy to Forward Pinellas satisfaction the breach or default of
any of the terms, covenants, or conditions of this AGREEMENT within thirty (30)
days after receipt by the CITY of written notice from Forward Pinellas setting forth
the nature of said breach or default, Forward Pinellas shall have the right to
terminate the AGREEMENT without any further obligation of either party. Any such
termination for default shall not in any way operate to preclude Forward Pinellas
from also pursuing all available remedies against the CITY and its sureties for said
breach or default.
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d. Waiver of Remedies for any Breach In the event that Forward Pinellas elects to
waive its remedies for any breach by CITY of any covenant, term or condition of this
AGREEMENT, such waiver by Forward Pinellas shall not limit Forward Pinellas'
remedies for any succeeding breach of that or of any other term, covenant, or condition
of this AGREEMENT.
8. FEDERAL CLAUSE REQUIREMENTS
The following federally required clauses, incorporated herein by this reference, apply to
this AGREEMENT:
a) Fly America Requirements
b) Civil Rights Requirements
c) Disadvantaged Business Enterprise (DBE)
d) Energy Conservation Requirements
e) Clean Water Requirements
f) Clean Air
g) Recycled Products
h) Lobbying
i) No Govemment Obligation to Third Parties
j) Program Fraud and False or Fraudulent Statements and Related Acts
k) Government -Wide Debarment and Suspension
I) Incorporation of Federal Transit Administration (FTA) Terms
m) Access to Records
n) Federal Changes
o) Breaches and Dispute Resolution
p) Patent and Rights in Data
al Fly America Requirements - The Contractor agrees to comply with 49 U.S.C.
40118 (the "Fly America" Act) in accordance with the General Services
Administration's regulations at 41 CFR Part 301 -10, which provide that recipients
and subrecipients of Federal funds and their contractors are required to use U.S.
Flag air carriers for U.S Government - financed international air travel and
transportation of their personal effects or property, to the extent such service is
available, unless travel by foreign air carrier is a matter of necessity, as defined by
the Fly America Act. The Contractor shall submit, if a foreign air carrier was used,
an appropriate certification or memorandum adequately explaining why service by
a U.S. flag air carrier was not available or why it was necessary to use a foreign
air carrier and shall, in any event, provide a certificate of compliance with the Fly
America requirements. The Contractor agrees to include the requirements of this
section in all subcontracts that may involve international air transportation.
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12.1 Civil Rights Requirements
a. Nondiscrimination - In accordance with Title VI of the Civil Rights Act of 1964,
as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975,
as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act
of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332:
The CITY shall not discriminate on the basis of race, age, creed, disability, marital
or family status, color, national origin, religion, or sex in the performance of this
contract. The CITY shall carry out applicable requirements of 49 CFR Part 26 in
the award and administration of DOT assisted contracts. Failure by the CITY to
carry out these requirements is a material breach of this AGREEMENT, which may
result in the termination of this AGREEMENT or such other remedy, as Forward
Pinellas deems appropriate.
Each subcontract the CITY signs in regards to this TASK WORK ORDER must
include the assurance in this paragraph (see 49 CFR 26.13(b)). The CITY agrees
to comply with applicable federal and state implementing regulations and other
implementing requirements the Federal Transit Administration (FTA), FDOT or
CTD may issue. In addition to the above assurance, the Operator shall not
discriminate on the basis of sexual orientation, in accordance to Pinellas County
Code Chapter 70 as amended. In connection with this Agreement, the undersigned
will complete and submit Exhibit E "Title VI /Nondiscrimination Policy Statement ", in
accordance with its instructions.
b. Equal Employment Opportunity - The following equal employment opportunity
requirements apply to this AGREEMENT:
(1). Race, Color, Creed, National Origin, Sex - In accordance with Title
VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and
Federal transit laws at 49 U.S.C. § 5332, the CITY agrees to comply with
all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of
Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No.
11246, "Equal Employment Opportunity," as amended by Executive Order
No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that
may in the future affect construction activities undertaken in the course of
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the TASK WORK ORDER. The CITY agrees to take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, national origin, sex,
or age. Such action shall include, but not be limited to, the following:
Employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In
addition, the CITY agrees to comply with any implementing requirements
FTA may issue.
(2). Age - In accordance with Section 4 of the Age Discrimination in
Employment Act of 1967, as amended, 29 U.S.C. § 621 through 634 and
Federal transit law at 49 U.S.C. § 5332, the CITY agrees to refrain from
discrimination against present and prospective employees for reason of
age. In addition, the CITY agrees to comply with any implementing
requirements FTA may issue.
(3). Disabilities - In accordance with section 102 of the Americans with
Disabilities Act, as amended, 42 U.S.C. § 12112, the CITY agrees that it will
comply with the requirements of U.S. Equal Employment Opportunity
Commission, "Regulations to Implement the Equal Employment Provisions
of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to
employment of persons with disabilities. In addition, the CITY agrees to
comply with any implementing requirements FTA may issue.
j4). Access to Services for Persons with Limited English Proficiency -
To the extent applicable and except to the extent that FTA determines
otherwise in writing, the CITY agrees to comply with the policies of
Executive Order No. 13166, "Improving Access to Services for Persons with
Limited English Proficiency," 42 U.S.C. § 2000d -1 note, and with the
provisions of U.S. DOT Notice, "DOT Guidance to Recipients on Special
Language Services to Limited English Proficient (LEP) Beneficiaries,"
66 Fed. Reg. 6733 et seq., January 22, 2001. The MPO's LEP Plan is
available at the Forward Pinellas office or may be viewed on -line at:
http : / /www.pinellascounty.orq /mpo /PDFs /DBETitIeIV /lep.pdf.
(5). Environmental Justice — The CITY agrees to comply with the policies
of Executive Order No. 12898, "Federal Actions to Address Environmental
Justice in Minority Populations and Low - Income Populations," 42 U.S.C.
§ 4321 note, except to the extent that the Federal Government determines
otherwise in writing.
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(6). Other Nondiscrimination Laws — The CITY agrees to comply with all
applicable provisions of other federal laws, regulations, and directives
pertaining to and prohibiting discrimination, except to the extent the Federal
Government determines otherwise in writing. The CITY also agrees to
include these requirements in each subcontract financed in whole or in part
with federal assistance provided by FTA, modified only if necessary to
identify the affected parties.
21 Disadvantaged Business Enterprise — This AGREEMENT is subject to the
requirements of Title 49, Code of Federal Regulations, Part 26, Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The MPO's overall goal for FY 2014 -2016 DBE participation
is 4.4% and is applicable to this AGREEMENT. This requirement reflects the
availability of willing and able DBEs who are registered with the State of Florida
that would be expected to participate in MPO and its CITYs contracts absent the
effects of discrimination.
The CITY shall carry out applicable requirements of 49 CFR Part 26 in the award
and administration of this DOT - assisted AGREEMENT. Failure by the CITY to
carry out these requirements is a material breach of this AGREEMENT, which may
result in the termination of this AGREEMENT or such other remedy as Forward
Pinellas deems appropriate.
The CITY is required to pay its subcontractors /SUBCITYs performing work related
to this AGREEMENT for satisfactory performance of that work no later than 30
days after the CITY's receipt of payment for that work from Forward Pinellas. In
addition, the CITY may not hold retainage from its CITY.
The CITY must promptly notify Forward Pinellas, whenever a DBE performing work
related to this AGREEMENT is terminated or fails to complete its work, and must
make good faith efforts to engage another DBE to perform at least the same
amount of work. The CITY may not terminate any DBE subcontractor and perform
that work through its own forces or those of an affiliate without prior written consent
of Forward Pinellas.
Information on Forward Pinellas' DBE Program requirements is available at the
Forward Pinellas offices and on -line at: http : / /www.pinellascounty.org /mpo.
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More information on the State of Florida DBE Program, including an application
and available DBE bidders list may be found at:
http: / /www. dot. state. fl. us/ equalopportunityoffice /New_Folder /Files /UCP %20MOD
IFIED %20APPLICATION.pdf.
4. Energy Conservation - The CITY agrees to the extent applicable, to comply with
mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act.
5. Clean Water — The CITY agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq. The CITY agrees to report each violation to
Forward Pinellas and understands and agrees that Forward Pinellas will, in turn,
report each violation as required to assure notification to FTA and the appropriate
EPA Regional Office.
The CITY also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided
by FTA.
6. Clean Air - The CITY agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401
et seq. The CITY agrees to report each violation to Forward Pinellas and
understands and agrees that Forward Pinellas will, in turn, report each violation
as required to assure notification to FTA and the appropriate EPA Regional Office.
The CITY also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided
by FTA.
7. Recycled Products — Recovered Materials - The contractor agrees to comply with
all the requirements of Section 6002 of the Resource Conservation and Recovery
Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the
regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they
apply to the procurement of the items designated in Subpart B of 40 CFR Part
247.
8. Lobbying — Clause and specific language therein are mandated by 49 CFR Part
19.
Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352, as amended by the
Lobbying Disclosure Act of 1995, P.L. 104 -65 [to be codified at 2 U.S.C. §
[A04 -01420 /202728/1] Page 9 of 18
1601, et seq.] - CITYs who apply or bid for an award of $100,000 or more shall file
the certification required by 49 CFR part 20, "New Restrictions on Lobbying." The
CITY agrees that no Federal appropriated funds have been paid or will be paid by or
on the behalf of the CITY, to any person for influencing of attempting to influence any
officer or any employee of any Federal 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.
If any funds other than Federal appropriated funds have been paid by the CITY to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Agreement, the
undersigned will complete and submit Exhibit F Standard Form LLL, "Disclosure
Form to Report Lobbying ", in accordance with its instructions.
The Agency shall require that the language of this section be included in the award
documents for all sub - awards at all tiers (including subcontracts, sub - grants, and
contracts under grants, loans, and cooperative agreements) and that all SUBCITYS
shall certify and disclose accordingly, pursuant to Exhibit F (Certification Regarding
Lobbying).
9. No Obligation by the Federal Government to Third Parties — Forward Pinellas
and CITY acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of the underlying
AGREEMENT, absent the express written consent by the Federal Government,
the Federal Government is not a party to this AGREEMENT and shall not be
subject to any obligations or liabilities to Forward Pinellas, CITY, or any other party
(whether or not a party to that AGREEMENT) pertaining to any matter resulting
from the underlying AGREEMENT.
The CITY agrees to include the above clause in each subcontract financed in
whole or in part with federal assistance provided by FTA. It is further agreed that
the clause shall not be modified, except to identify the subcontractor who will be
subject to its provisions.
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10. Program Fraud and False or Fraudulent Statements and Related Acts - The
CITY acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining
to this TASK WORK ORDER. Upon execution of the underlying AGREEMENT,
the CITY certifies or affirms the truthfulness and accuracy of any statement it has
made, it makes, it may make, or causes to be made, pertaining to the underlying
contract or the FTA assisted project for which this TASK WORK ORDER work is
being performed. In addition to other penalties that may be applicable, the CITY
further acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification, the Federal Government
reserves the right to impose the penalties of the Program Fraud Civil Remedies
Act of 1986 on the CITY to the extent the Federal Government deems appropriate.
The CITY also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Govemment under a contract connected with a project that is financed in whole or
in part with federal assistance originally awarded by FTA under the authority of 49
U.S.C. § 5307, the govemment reserves the right to impose the penalties of 18
U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the CITY, to the extent the Federal
Government deems appropriate.
The CITY agrees to include the above two clauses in each subcontract financed
in whole or in part with federal assistance provided by FTA. It is further agreed that
the clauses shall not be modified, except to identify the subcontractor who will be
subject to the provisions.
11. Government -Wide Debarment and Suspension - This AGREEMENT is a
covered transaction for purposes of 49 CFR Part 29. As such, the CITY is required
to verify that none of the CITY, its principals, as defined at 49 CFR 29.995, or
affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at
49 CFR 29.940 and 29.945.
The CITY is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered
transaction it enters into.
By signing and submitting this AGREEMENT, the CITY certifies as follows:
The certification in this clause is a material representation of fact relied upon by
Forward Pinellas. If it is later determined that the CITY knowingly rendered an
erroneous certification, in addition to remedies available to Forward Pinellas, the
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Federal Government may pursue available remedies, including but not limited to
suspension and /or debarment. The CITY agrees to comply with the requirements
of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any
contract that may arise from this offer. The CITY further agrees to include a
provision requiring such compliance in its lower tier covered transactions and will
review the "Excluded Parties Listing System" at the following Internet address:
http: / /eols.arnet.gov before entering into any third party or subagreement.
12. Incorporation of Federal Transit Administration (FTA) Terms — The preceding
provisions include, in part, certain Standard Terms and Conditions required by
DOT, whether or not expressly set forth in the preceding AGREEMENT provisions.
All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F
are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event
of a conflict with other provisions contained in this AGREEMENT. The CITY shall
not perform any act, fail to perform any act, or refuse to comply with any Forward
Pinellas requests which would cause Forward Pinellas to be in violation of the FTA
terms and conditions.
13. Access to Records - Upon request, the CITY agrees to permit the Secretary of
Transportation; Forward Pinellas; the Comptroller General of the United States;
and, if appropriate or their authorized representatives to inspect all TASK WORK
ORDER work, materials, payrolls, and other data, and to audit the books, records,
and accounts of the CITY and Third Party contractors pertaining to the TASK
WORK ORDER as required by 49 U.S.C. § 5325(g).
14. Federal Changes — The CITY shall at all times comply with all applicable federal
regulations, policies, procedures and directives, including without limitation those
listed directly or by reference in the FTA Master Agreement as they may be
amended or promulgated from time to time during the term of this AGREEMENT.
The CITY's failure to so comply shall constitute a material breach of this
AGREEMENT.
15. Breaches and Dispute Resolution — All services are to be performed by the
CITY to the satisfaction of Forward Pinellas' Executive Director based on the
requirements of Exhibit A. Forward Pinellas' Executive Director shall decide all
initial questions and disputes, of any nature whatsoever, that may arise in the
execution and fulfillment of the services provided for under this AGREEMENT.
This decision shall be final and conclusive unless within ten (10) days from the
date of receipt of its copy, the CITY mails or otherwise furnishes a written appeal
to the Forward Pinellas Executive Director.
[A04 -01420 /202728/1] Page 12 of 18
a. Appeals — After properly submitting an appeal in accordance with the provisions
herein, the CITY shall be afforded an opportunity to be heard by the Executive
Director and to offer evidence in support of its position. The decision of the Forward
Pinellas Executive Director shall be binding upon the CITY and the CITY shall
abide be the decision.
b. Performance During Dispute - Unless otherwise directed by Forward Pinellas,
the CITY shall continue performance under this AGREEMENT while matters in
dispute are being resolved.
c. Claims for Damages - Should either party to the AGREEMENT suffer injury or
damage to person or property because of any act or omission of the party or of
any of his employees, agents or others for whose acts he is legally liable, a claim
for damages therefore shall be made in writing to such other party within a
reasonable time after the first observance of such injury of damage.
d. Rights and Remedies - The duties and obligations imposed by the
AGREEMENT documents and the rights and remedies available thereunder shall
be in addition to and not a limitation of any duties, obligations, rights and remedies
otherwise imposed or available by law. No action or failure to act by Forward
Pinellas or CITY shall constitute a waiver of any right or duty afforded any of them
under the AGREEMENT, nor shall any such action or failure to act constitute an
approval of or acquiescence in any breach thereunder, except as may be
specifically agreed in writing.
16. Patent and Rights Data-
A. Rights in Data — The following requirements apply to each contract involving
experimental, developmental or research work:
1. The term "subject data" used in this clause means recorded information,
whether or not copyrighted, that is delivered or specified to be delivered under the
contract. The term includes graphic or pictorial delineation in media such as
drawings or photographs; text in specifications or related performance or design -
type documents; machine forms such as punched cards, magnetic tape, or
computer memory printouts; and information retained in computer memory.
Examples include, but are not limited to: computer software, engineering drawings
and associated lists, specifications, standards, process sheets, manuals, technical
reports, catalog item identifications, and related information. The term "subject
data" does not include financial reports, cost analyses, and similar information
incidental to contract administration.
2. The following restrictions apply to all subject data first produced in the
performance of the contract to which this Attachment has been added:
[A04 -01420 /202728/1] Page 13 of 18
a. Except for its own internal use, the CITY may not publish or reproduce
subject data in whole or in part, or in any manner or form, nor may CITY
authorize others to do so, without the written consent of the Federal
Government, until such time as the Federal Government may have either
released or approved the release of such data to the public; this restriction
on publication, however, does not apply to any contract with an academic
institution.
b. In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal
Government reserves a royalty -free, non - exclusive and irrevocable license
to reproduce, publish, or otherwise use, and to authorize others to use, for
"Federal Government purposes," any subject data or copyright described in
subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous
sentence, "for Federal Govemment purposes," means use only for the
direct purposes of the Federal Government. Without the copyright owner's
consent, the Federal Government may not extend its Federal license to any
other party.
1. Any subject data developed under that contract, whether or not a
copyright has been obtained; and
2. Any rights of copyright purchased by the CITY using Federal
assistance in whole or in part provided by FTA.
c. When FTA awards Federal assistance for experimental, developmental,
or research work, it is FTA's general intention to increase transportation
knowledge available to the public, rather than to restrict the benefits
resulting from the work to participants in that work. Therefore, unless FTA
determines otherwise, the CITY performing experimental, developmental,
or research work required by the underlying contract to which this
Attachment is added agrees to permit FTA to make available to the public,
either FTA's license in the copyright to any subject data developed in the
course of that contract, or a copy of the subject data first produced under
the contract for which a copyright has not been obtained. If the
experimental, developmental, or research work, which is the subject of the
underlying contract, is not completed for any reason whatsoever, all data
developed under that contract shall become subject data as defined in
subsection (a) of this clause and shall be delivered as the Federal
Government may direct. This subsection (c), however, does not apply to
adaptations of automatic data processing equipment or programs for the
CITY's use whose costs are financed in whole or in part with Federal
assistance provided by FTA for transportation capital projects.
d. Unless prohibited by state law, upon request by the Federal Government,
the CITY agrees to indemnify, save, and hold harmless the Federal
Government, its officers, agents, and employees acting within the scope of
[A04 -01420 /202728/1] Page 14 of 18
their official duties against any liability, including costs and expenses,
resulting from any willful or intentional violation by the CITY of proprietary
rights, copyrights, or right of privacy, arising out of the publication,
translation, reproduction, delivery, use, or disposition of any data furnished
under that contract. The CITY shall not be required to indemnify the Federal
Government for any such liability arising out of the wrongful act of any
employee, official, or agents of the Federal Govemment.
e. Nothing contained in this clause on rights in data shall imply a license to
the Federal Government under any patent or be construed as affecting the
scope of any license or other right otherwise granted to the Federal
Government under any patent.
f. Data developed by the CITY and financed entirely without using Federal
assistance provided by the Federal Government that has been incorporated
into work required by the underlying contract to which this Attachment has
been added is exempt from the requirements of subsections (b), (c), and (d)
of this clause, provided that the CITY identifies that data in writing at the
time of delivery of the contract work.
g. Unless FTA determines otherwise, the CITY agrees to include these
requirements in each subcontract for experimental, developmental, or
research work financed in whole or in part with Federal assistance provided
by FTA.
3. Unless the Federal Government later makes a contrary determination in writing,
irrespective of the CITY's status (i.e. , a large business, small business, state
government or state instrumentality, local government, nonprofit organization,
institution of higher education, individual, etc.), the CITY agrees to take the
necessary actions to provide, through FTA, those rights in that invention due the
Federal Govemment as described in U.S. Department of Commerce regulations,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Govemment Grants, Contracts and Cooperative Agreements," 37 C.F.R.
Part 401.
4.The CITY also agrees to include these requirements in each subcontract for
experimental, developmental, or research work financed in whole or in part with
Federal assistance provided by FTA.
B. Patent Rights — The following requirements apply to each contract involving
experimental, developmental, or research work:
1. General - If any invention, improvement, or discovery is conceived or first
actually reduced to practice in the course of or under the contract to which this
Attachment has been added, and that invention, improvement, or discovery is
patentable under the laws of the United States of America or any foreign country,
[A04 -01420 /202728/1] Page 15 of 18
the CITY agrees to take actions necessary to provide immediate notice and a
detailed report to the party at a higher tier until FTA is ultimately notified.
2. Unless the Federal Government later makes a contrary determination in writing,
irrespective of the CITY's status (a large business, small business, state
govemment or state instrumentality, local government, nonprofit organization,
institution of higher education, individual), the CITY agrees to take the necessary
actions to provide, through FTA, those rights in that invention due the Federal
Government as described in U.S. Department of Commerce regulations, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
3. The CITY also agrees to include the requirements of this clause in each
subcontract for experimental, developmental, or research work financed in whole
or in part with Federal assistance provided by FTA.
9. INDEMNIFICATION
Forward Pinellas shall in no way be held responsible for any injuries or damage received
or sustained by any person, persons, or property by any act, omission, neglect or
misconduct of the CITY or third -party consultants hired to conduct the scope of services
outlined herein. Nothing herein shall be construed as a waiver of either party's sovereign
immunity pursuant to §768.28, Florida Statutes.
10. SEVERABILITY
If any provision of this AGREEMENT is held invalid, the remainder of this AGREEMENT
will not be affected thereby, and all other parts of this AGREEMENT will remain in full
force and effect.
11. WAIVER
Waiver of one or more covenants or conditions of this AGREEMENT by Forward Pinellas
shall not be construed as a waiver of a subsequent breach of the same covenant or
conditions, and the consent or approval by Forward Pinellas to or of any act by the CITY
requiring Forward Pinellas' consent or approval shall not be construed as consent or
approval to or of any subsequent similar act by the CITY.
12.ENTIRE AGREEMENT
This AGREEMENT represents the entire written agreement between the parties and
supersedes all prior communications and proposals, whether electronic, oral, or written
between the parties with respect to this AGREEMENT. This AGREEMENT may be
amended only by written instrument signed by both Forward Pinellas and the CITY.
13. GOVERNING LAW AND VENUE
[A04 -01420 /202728/1] Page 16 of 18
The laws of the federal government and the State of Florida shall govern this
AGREEMENT, and venue shall be in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,
the day and year first above written.
PINELLAS PLANNING COUNCIL AND PINELLAS METROPOLITAN PLANNING
ORGANIZATION
Attest:
By:
Whit : - ton, FAIC
Forward Pinellas Executive
Director
Approved as to form:
By: Chelsea Hardy
Assistant County Attorney
CITY OF CLEARWATER, FLORIDA,
A municipal corporation and
political subdivision of the State of Florida
By:
By:
missioner John Morroni
and Pinellas Chairman
Commissioner Da gers
Forward Pinellas ecretary
.JI.J� It t�t,�•t�,
George N. Cretekos William B. Horne, II
Mayor City Manager
[A04 -01420 /202728/1] Page 17 of 18
proved as to fo
Camilo A. Soto
Assistant City Attomey
Attest:
Rosemarie CaII
City Clerk
[A04 -01420 /202728/1] Page 18 of 18
Exhibit A
Drew Street Complete Street Concept Plan Project
Scope of Work
Overview
The City of Clearwater is receiving funding assistance through the Forward Pinellas Complete Streets
Program to develop a Complete Street Concept Plan for Drew Street from North Osceola Avenue to US
Highway 19. The City's primary goals for this Project are to:
• Balance accessibility for all modes of transportation within the corridor
• Enhance safety, comfort, and function for all users, especially pedestrians and bicyclists
• Encourage economic revitalization and reinvestment along Drew Street and within surrounding
neighborhoods
The Project has the strong support of local communities who asked the City to pursue the Forward
Pinellas Complete Streets grant. Residents, businesses, and schools see the potential to make Drew Street
safer, more livable, and a better street for commerce.
Complete Street improvements on Drew Street would work in harmony with a broad spectrum of city and
countywide plans, especially those addressing designated activity centers on both ends of the Project. The
Project includes an extensive public process to reimagine mobility and accessibility on this important
regional thoroughfare and residential and Commercial Street.
Project Location
The City's Complete Street Concept Plan will address Drew Street from North Osceola Avenue in
Downtown Clearwater to US Highway 19.The total length of the Project is 4.2 miles.
Scope of Services Outline
The anticipated scope of services is provided below, which was provided to Forward Pinellas within the
City's grant application. Once the City selects a consultant and enters contract negotiations, the scope of
services may be further refined based on input from the selected consultant. However, the final
deliverable shall be design concepts for the Drew Street corridor section identified above.
Task 1: Project Partners/ Stakeholders Consultation & Coordination
• Coordinate agency review
• Conduct project scheduling, budgeting, invoices, and QA/ QC
Task 2: Community Outreach & Engagement Activities
• Conduct public engagement workshops
• Conduct stakeholders outreach campaigns (schools, residential, and business)
• Create project branding
• Develop and distribute project communications
Task 3: Existing Conditions Assessment & Data Collection
• Collect Data: Traffic Data, Safety Data, Travel Characteristics
• Develop Inventories System
• Synthesize community inputs
• Assess the condition of existing facilities
Task 4: Preliminary Design Concepts & Evaluation Criteria
• Identify project needs and project guidance principles
• Develop project alternatives selection criteria & performance evaluation metrics
• Develop project alternatives
Task 5: Preferred Corridor Concept Plan Refinement
• Evaluate proposed alternatives (Traffic analysis, planning, cost, etc.)
• Select the preferred alternative
• Develop short-term & long -term implementation actions list
• Identify funding strategies
Task 6: Project Closing & Final Documentation
• Present project final outputs to partners & stakeholders
• Prepare final project documents