19-09RESOLUTION NO. 19-09
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 FORT HARRISON AVENUE FROM BELLEAIR
ROAD TO THE MERGE WITH MYRTLE AVENUE/ALTERNATE US
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 to primary destinations for people of all ages and abilities; 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 serves as the metropolitan planning organization
("MPO") for Pinellas County in accordance with 23 U.S.C. 134 and 135 and § 339.1715,
Fla. Stat. and in that capacity is tasked with coordinating transportation planning in
Pinellas County; and
WHEREAS, Forward Pinellas, in its capacity as Pinellas County MPO, 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 an emphasis on economic catalyst projects in corridors that
support environmental justice for disadvantaged communities in 2016; 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 contexts and needs of differing City neighborhoods, providing
access to the transportation options balanced for the needs of all users; and
WHEREAS, the City Council wishes to promote public health and independence
by encouraging people to walk and bicycle, and use public transportation options that are
safe, convenient, sustainable, and economical, while also reducing crashes and vehicle
miles travelled on City roads; and
1 Resolution No. 19-09
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 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 .a day of \.\ , 2019.
A,1462„,..-
—cttAmmcfAtkof
William B. Horne, II George N. Cretekos
City Manager
Approved as to form:
iliveifitPJ
Mayor
Attest:
Michael P. Fuino Ros- arie Call
Assistant City Attorney
City Clerk
3 Resolution No. 19-09
AGREEMENT FOR COMPLETE STREETS FUNDING
BETWEEN FORWARD PINELLAS AND THE CITY OF CLEARWATER
THIS AGREEMENT (AGREEMENT) is entered into the day of (July/August)
2019 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 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 Fort
Harrison Avenue Complete Streets Concept Planning Study (PROJECT); and
WHEREAS, a subcommittee comprised of members of the Technical Coordinating
Committee and the Planners Advisory Committee met to review each application and
recommended funding this PROJECT; and
WHERAS, the Technical Coordinating Committee and Citizens Advisory
Committee recommended that Forward Pinellas fund the PROJECT; and
WHEREAS, the Forward Pinellas Board adopted the recommendation to provide
such funding for the PROJECT at its March 13, 2019 meeting; and
WHEREAS, the CITY has stated that it is qualified and able 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 Fort Harrison
Avenue, the scope of which will include the outline and deliverables included in
the City's Application for Concept Planning Grant, attached hereto and
incorporated herein as Exhibit A (SCOPE OF SERVICES).
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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 287.055 F.S., Federal
Brooks Act 23 C.F.R. 172 and 23 U.S.C. 112, CITY shall utilize Forward Pinellas
procured consultants to fulfill the scope of service requirements as outlined
herein.
2. TERM
This shall be a one-time project. The term shall commence upon CITY 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 shall terminate by June 30, 2020 or completion of the PROJECT, whichever
occurs first. The CITY agrees to commence work in a timely manner after receiving a
Notice to Proceed.
3. BILLING AND COMPENSATION
A. The CITY shall submit electronic invoices to the attention of the Forward Pinellas
project manager. Invoices shall be submitted not less than quarterly. 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. The CITY shall submit the invoices by electronic mail
to cfaveroc forwardpinellas.orq and Forward Pinellas will be deemed to have
received the invoices on the date the electronic mail is sent.
B. Forward Pinellas shall have the right to monitor the CITY to ensure 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 the total amount reimbursed by Forward Pinellas.
D. In consideration of the satisfactory performance of the provisions of this
Agreement, Forward Pinellas shall compensate the CITY on a reimbursement
basis in 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.
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E. Forward Pinellas shall review and either approve or deny the submitted invoices.
This notification shall be given to the CITY by electronic mail to
Richard.Hartman(a myclearwater.com If Forward Pinellas elects to deny any
submitted invoice then any notification of denial must contain the exact reasons
for denying. Upon Forward Pinellas approval of submitted invoices following its
Internal Control Structure Policy Manual, Forward Pinellas shall make payments,
as invoiced, to the CITY within 30 days of approval.
4. PROCUREMENT
The CITY shall use a Forward Pinellas General Planning Consultant for the PROJECT.
The CITY may apply for an exemption from Forward Pinellas for use of another consultant
for the PROJECT.
5. FUNDING CLAUSE
The source of funds available for the PROJECT may require approval by the Federal
Highway Administration (FWHA), Federal Transit Administration (FTA), and/or Florida
Department of Transportation (FDOT). Forward Pinellas will seek such required approval
before submitting a Notice to Proceed to the CITY. In the event that FHWA, FTA and/or
FDOT 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.
6. 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 C.F.R. Section 19.53
retention requirements or Chapter 119, F.S., 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.
7. 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
Chelsea Favero
310 Court Street, 2nd Floor
Clearwater, Florida 33756
CFavero@forwardpinellas.org
Clearwater
Richard Hartman
100 South Myrtle Avenue
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Clearwater, FL 33756
Richard.hartman@myclearwater.com
8. 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 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 an Act of God, strike, fire, or
flood, Forward Pinellas, after setting up a new delivery of performance schedule,
may allow the CITY to continue work after the parties agree on a new delivery of
performance schedule and the parties shall treat the act as if no default had
occurred.
b. 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.
c. 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.
9. FEDERAL CLAUSE REQUIREMENTS
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The following federally required clauses, incorporated herein by this reference, apply to
this AGREEMENT:
a) FIy 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 Government 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
a. Fly America Requirements - The CITY agrees to comply with 49 U.S.C. 40118
(the "FIy America" Act) in accordance with the General Services Administration's
regulations at 41 C.F.R. 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 FIy 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 FIy America
requirements. The Contractor agrees to include the requirements of this section in
all subcontracts that may involve international air transportation.
b. Civil Rights Requirements
i. 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
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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 AGREEMENT 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), FHWA, or FDOT may
issue. In addition to the above assurance, the CITY 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 B "Title VI/Nondiscrimination Policy Statement", in accordance with its
instructions.
ii. 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 the
AGREEMENT. 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, FHWA, or FDOT may issue.
(2). Aqe - 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, FHWA or FDOT may issue.
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(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, FHWA or FDOT may
issue.
(4). 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 on the Forward Pinellas website.
(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.
f6). 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.
c. Disadvantaged Business Enterprise — This AGREEMENT is subject to the
requirements of Title 49, C.F.R. Part 26, Participation by Disadvantaged Business
Enterprises (DBEs) in Department of Transportation Financial Assistance
Programs. The MPO's overall goal for DBE participation is applicable to this
AGREEMENT. This requirement reflects the availability of willing and able DBEs
who are registered with the State of Florida who would be expected to participate
in MPO and CITY contracts absent the effects of discrimination.
The CITY shall carry out applicable requirements of 49 C.F.R. 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.
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The CITY is required to pay its subcontractors 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 subcontractors
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 on the
Forward Pinellas website.
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.
d. 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.
e. 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.
f. 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.
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q. 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 C.F.R. Part 247, and Executive Order 12873, as they
apply to the procurement of the items designated in Subpart B of 40 C.F.R. Part
247.
h. Lobbying —Clause and specific language therein are mandated by 49 C.F.R. 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. 1601,
et seq.] - CITYs who apply or bid for an award of $100,000 or more shall file the
certification required by 49 C.F.R. 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 C Standard Form LLL, "Disclosure
Form to Report Lobbying", in accordance with its instructions.
The CITY 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 contractors
and subcontractors shall certify and disclose accordingly, pursuant to Exhibit F
(Certification Regarding Lobbying).
i. 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.
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The CITY agrees to include the above clause in each subcontract financed in
whole or in part with federal assistance provided by FTA or Forward Pinellas. It is
further agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions.
j. 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
AGREEMENT. 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 AGREEMENT 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
Government 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 government 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.
k. Government -Wide Debarment and Suspension - This AGREEMENT is a
covered transaction for purposes of 49 C.F.R. Part 29. As such, the CITY is
required to verify that none of the CITY, its principals, as defined at 49 C.F.R.
29.995, or affiliates, as defined at 49 C.F.R. 29.905, are excluded or disqualified
as defined at 49 C.F.R. 29.940 and 29.945.
The CITY is required to comply with 49 C.F.R. 29, Subpart C and must include the
requirement to comply with 49 C.F.R. 29, Subpart C in any lower tier covered
transaction it enters into.
By signing and submitting this AGREEMENT, the CITY certifies as follows:
The CITY agrees to comply, and assures the compliance of each third -party
contractor and subrecipient at any tier, with Executive Orders Nos. 12549 and
12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT
Page l0 of 16
regulations, "Governmentwide Debarment and Suspension Nonprocurement)," 49
C.F.R. Part 29. The Recipient agrees to, and assures that its third party contractors
and subrecipients will, review the Excluded Parties Listing System at
http://epls.arnet.gov/ before entering into any contracts.
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
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 C.F.R. 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://epls.arnet.gov before entering into any third party or subagreement.
I. 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.
m. 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 AGREEMENT
work, materials, payrolls, and other data, and to audit the books, records, and
accounts of the CITY and Third Party contractors pertaining to the AGREEMENT
as required by 49 U.S.C. 5325(g).
n. 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.
o. 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
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decision shall be final and conclusive unless within fifteen (15) days from the date
of receipt of its copy, the CITY mails or otherwise furnishes a written appeal to the
Forward Pinellas Executive Director.
i. 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. Notwithstanding, the
CITY may pursue any and all remedies available by law.
ii. Performance During Dispute - Unless otherwise directed by Forward Pinellas,
the CITY shall continue performance under this AGREEMENT while matters in
dispute are being resolved.
iv. 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.
p. Patent and Rights Data -
i. Rights in Data — The following requirements apply to each contract involving
experimental, developmental or research work:
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.
The following restrictions apply to all subject data first produced in the performance
of the AGREEMENT:
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
Page 12 of 16
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 Government 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
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,
Page 13 of 16
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 Government.
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.
Unless the Federal Government later makes a contrary determination in writing,
irrespective of the CITY's status (i.e. , a Targe 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 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.
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.
ii. Patent Rights — The following requirements apply to each contract involving
experimental, developmental, or research work:
a. 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, 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.
Page 14 of 16
b. Unless the Federal Government later makes a contrary determination in
writing, irrespective of the CITY's status (a large business, small business, state
government 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.
c. 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.
10. INDEMNIFICATION
Subject to Section 768.28, Florida Statutes, each party shall be liable for its own
negligence under this Agreement. Nothing contained herein is intended to serve as a
waiver by either party of its sovereign immunity or to extend the liability of either party
beyond the limits set forth in Section 768.28, Florida Statutes. Further, nothing herein
shall be construed as consent by either party to be sued by third parties in any manner
arising out this Agreement or contracts related thereto.
11. 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.
12. 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.
13. 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.
14.GOVERNING LAW AND VENUE
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.
Page 15 of 16
PINELLAS PLANNING COUNCIL AND PINELLAS METROPOLITAN PLANNING
ORGANIZATION
Forward Pinellas:
By: By:
Whit Blanton, FAICP Chair
Executive Director
Approved as to form:
By: Chelsea Hardy
Assistant County Attorney
CITY OF Clearwater,
A municipal corporation and
political subdivision of the State of Florida
Date:
George N. Cretekos William B. Horne, II
Mayor City Manager
Date:
Approved as to form: Attest:
Michael P. Fuino
City Attorney
Rosemarie Call
City Clerk
Page 16 of 16
Exhibit A. Scope of Services
1.0 INTRODUCTION
OVERVIEW
The City of Clearwater (City) is seeking funding assistance through the
Forward Pinellas Complete Streets Program to develop a Complete Street
Concept Plan for a portion of Fort Harrison Avenue, within the City limits, from
Belleair Road to the merge with Myrtle Avenue (Alternate U.S. 19, aka Alt. 19)
at approximately Pleasant Street (Project). The primary goals of the Project are
to:
• Invest in equitable transportation projects as a catalyst for transformative
land use change
• Invest in historically underserved communities
• Encourage economic revitalization and reinvestment along the corridor
• Increase accessibility for all users and of all modes of transportation within
the corridor
• Enhance safety, comfort, and functionality of the corridor for all users,
especially pedestrians, bicyclists, and transit riders
• Improve multimodal connectivity between two key Activity Centers
The Project has strong support from the surrounding communities that
worked with the City to assess and address drivers of economic revitalization
and safe, efficient transportation access along this corridor. This support
is demonstrated by public participation in the adoptions of the updated
Clearwater Downtown Redevelopment Plan and the Downtown District and
Development Standards in 2018, and approval of the North Marina Area
Master Plan in 2016, as well as by letters of support from the Clearwater
Neighborhoods Coalition, the Downtown Neighborhood Association,
and the Harbor Oaks Association. A key component of the Project will be
integration with the Morton Plant Hospital Campus expansion, the Downtown
Redevelopment Plan and Imagine Clearwater to stimulate a vibrant quality
of life in Downtown Clearwater, and the North Marina Area Master Plan that
will reinvigorate the Old Bay District residences and businesses. A significant
portion of the Project corridor lies in the City's Downtown Planning Area and
the Community Redevelopment Area (CRA).
Application for Concept Planning Project Grant
Residents and businesses understand the potential to make Fort Harrison
Avenue safer, more livable, and a better street to stimulate economic growth.
Complete Streets improvements on Fort Harrison Avenue would work in
harmony with a broad spectrum of City and Countywide plans, especially
those addressing walking, biking, transit connectivity to Downtown and other
Activity Centers through a network of multiuse trails and bicycle facilities,
sidewalks and crosswalks, and better integration with transit facilities. The
Project will include a community-based planning process to reimagine
mobility and accessibility surrounding the Project corridor and continue
building on the success of the Complete Drew Street and Citywide Complete
Streets programs.
The intent of the City of Clearwater Complete Streets application is to promote
transportation improvements that serve as a catalyst for transformative
changes within and connected to the Project. The estimated cost of the 3.21 -
mile Project is $100,000.
PROJECT CONTACT
Senior Transportation Planner Richard Hartman will serve as the point of
contact for this application.
Richard Hartman
Senior Transportation Planner
Planning & Development Department
City of Clearwater
Email: Richard.Hartman@myclearwater.com
Phone: 727.562.4539 I Facsimile: 727.562.4735
2.0 PROJECT DESCRIPTION
PROJECT LOCATION
The proposed Complete Street Concept Plan will address South and North
Fort Harrison Avenue, from the southern City boundary at Belleair Road to the
road's merge with Myrtle Avenue (Alt. 19) at approximately Pleasant Street
(see Map 1). The total length of the Project is approximately 3.21 miles.
Page 1 of 41
Forward Pinellas Complete Streets Program 2018
AGENCY JURISDICTION
Roadway
The entire Project length of Fort Harrison Avenue is under the jurisdiction of
the City of Clearwater.
Abutting Properties
Approximately 80 percent of the properties abutting Fort Harrison Avenue
within the Project corridor are within the City of Clearwater incorporated area
and governed by City land use policy and development regulations. The other
approximately 20 percent are mainly the Wildwood Park neighborhood and
the Belleair Country Club golf course abutting the west side of South Fort
Harrison Avenues which fall under the jurisdiction and land use rules of the
City of Belleair, Florida.
LAND USE CHARACTERISTICS
Existing Land Use
The Project corridor contains a diverse mix of urban land uses ranging in
intensity from a mix of low -medium density residential, suburban retail/office,
and light industrial to the highest intensities and densities in Downtown
(Appendix Maps 2.1 and 2.2).The following describes the land uses in each
segment.
The predominant land uses in the southern Project section, from Belleair
Road to Chestnut Street, are suburban retail/office and light industrial, and
retail/office along the corridor surrounded by residential uses on both sides.
The other dominant uses adjacent to this section of the Project includes a
golf course and the Morton Plant Hospital Campus Activity Center, a large
institutional use.
The primary land use in the Downtown core from Chestnut Street to Drew
Street, that is also part of the Downtown Activity Center, are office/retail and
institutional with a variety of intensities. Although generally surrounded by
residential land uses, several employment centers, and other major attractors
are either adjacent to or located nearby to the Project and rely on the Fort
Harrison Avenue corridor for accessibility. Other activity areas include the City
Municipal Services Building, the Clearwater Police Department Headquarters,
the Church of Scientology campus comprised of several buildings and a hotel,
Pinellas Suncoast Transit Authority Park Street Terminal, City Hall, Pinellas
Page 2 of 41
County Courthouse, the main City library, and redesigned Coachman Park and
downtown waterfront park.
The dominant context north of Drew Street to the end of the Project at
Pleasant Street is low intensity, single -story retail/office surrounded by
and occasionally adjacent to single-family residential uses. Portions of this
segment are in the Downtown Activity Center that continues north to Cedar
Street. The Project serves as the primary corridor underpinning the City's
North Marina Area Master Plan, developed to spur economic redevelopment
supported by smart growth designed buildings and streetscapes.
Future Land Use
The future land use designations in the areas outside of Downtown, all of
which is designated as Central Business District (CBD), generally reflect the
existing land use patterns. Within the CBD, the Downtown Redevelopment
Plan envisions intense residential and office development within the
Downtown Core (between Chestnut Street and Drew Street), tapering to
Tess intense development northward and southward of the core. In the
northernmost blocks (in the Old Bay District), development is limited to
residential uses compatible with the remainder of the neighborhood outside
of the Downtown Activity Center (Appendix Maps 3.1 and 3.2).
Application for Concept Planning Project Grant
3.0 DEMOGRAPHIC CHARACTERISTICS
The Project would benefit a significant number of traditionally disadvantaged
and vulnerable people who rely on the Fort Harrison Avenue for their daily
trips. Selected demographic characteristics of the population residing within
a half -mile, or ten-minute walk, of the Fort Harrison Avenue Project corridor
are provided in Table 1. The table also provides citywide and countywide
demographic data for comparison.
Analysis of the minority population and the low-income populations
addressed in Environmental Justice Executive Order 12898, showed that the
25.5 percent minority population in the Project walkshed was higher than
the City average of 19.9 percent. The 23.8 percent of people living below
the poverty line in the Project area was higher than the City average of 16.0
percent. The Median Household Income of $24,332 for people in the Project
area was slightly more than half of the $44,569 City median income and the
$47,090 median for Pinellas County. The Project would also serve an area with
a much greater number of households with no vehicle available compared to
the City overall (21.72%/11.6%).
In Table 2, the demographics of specific segments of the Project corridor are
provided for further comparison. The south segment from Belleair Road to
Chestnut Street had the highest percentage of persons under age 18 (16.6%).
The Downtown segment from Chestnut Street to Drew Street had the highest
percentage of occupied housing units with no vehicle available (35.4%). This
may be a result of the Targe number of retirees as shown by the 35.1 % of the
area population 65 years and older. The north segment from Drew Street to
Pleasant Street had the highest percentage minority population (36.4%) and
the highest percentage of population below poverty level (27.4%).
Page 3 of 41
Forward Pinellas Complete Streets Program 2018
Table 1. Demographic Comparison - Project Corridor, City and County
Fort Harrison Avenue from Belleair Road to Pleasant Street
Description '
Minority
Project Corridor
25.5%
City ofClearwater
19.9%
Pinellas County
25.8%
Under age 18
15.7%
19.0%
16.5%
Age 65 and over
21.3%
21.3%
24.2%
Median household income
$24,332
$44,569
$47,090
Population below poverty level
23.8%
16.0%
14.1 %
Occupied housing units with no vehicle
21.7%
11.6%
8.6%
1 Includes the area within 1/4 mile walkshed of the Project corridor (walkshed).
Sources: Sociocultural Data Report, ETMD (2018); United States Census Bureau Quick Facts & Amercian Community Survey estimated (2017).
Table 2. Demographic Comparison - Project Corridor Segments
Description
Minority
elleair Rd to Chestnut St
18.8%
Chestnut St to Drew St
6.5%
Drew St to Pleasant St {apex)
36.4%
Underage 18
16.6%
5.1%
16.2%
Age 65 and over
23.6%
35.1%
16.6%
Median household income
$24,332
$30,684
$39,708
Population below poverty level
21.1%
18.0%
27.4%
Occupied housing units with no vehicle
21.3%
35.4%
18.7%
Includes the area within 1/2 mile walkshed of the Project corridor (walkshed).
Sources: Sociocultural Data Report, ETMD (2018); United States Census Bureau Quick Facts & Amercian Community Survey estimated (2017).
Page 4 of 41
4.0 STREET CHARACTERISTICS
Fort Harrison Avenue is an automobile -dominated arterial thoroughfare
that provides a primary south -north travel corridor to access Downtown and
Clearwater Beach, as well as a secondary option to Alt. 19. The Seminole Boat
Launch is a popular destination in the north segment. Providing adequate
lane widths, intersections, and turning radii for vehicles towing boats, and
route management to minimize conflicts with active transportation modes
will be addressed as part of the Project.This is one example of how Fort
Harrison Avenue serves both local and regional traffic.
Traffic and Level of Service
The 2017 average annual daily traffic (AADT) at p.m. peak hour and Levels of
Service (LOS) in the Project area are:
• 14,862 vehicles at Jasmine Way & S. Fort Harrison Ave. and LOS F
• 9,800 vehicles at Mohawk Street and N. Fort Harrison Ave. and LOS A
Image 1. Forward Pinellas Annual Average Daily Traffic
Application for Concept Planning Project Grant
Typical Street Sections & Rights -of -Way
Fort Harrison Avenue has three street section types within the Project corridor,
as described below:
• Street Section Type One: Two -Lane Undivided -This typical section type
is found in the south segment that runs from Belleair Road to Woodlawn
Road, and in the north segment that runs from Fairmont Road to Sunburst
Court, one block south of the apex at Pleasant Street. The rights-of-way
range from approximately 60 feet to 100 feet.
Image 2. Typical Ft. Harrison Avenue Street Section
Page 5 of 41
Forward Pinellas Complete Streets Program 2018
• Street Section Type Two: Two -Lane Divided with Two -Way Center Turn Lane
-This typical section type exists in the south segment from Woodlawn Road
to Turner Street, in the Downtown segment from Court Street to Cleveland
Street, and in the north segment from Drew Street to Fairmont Street.
Rights-of-way range from 55 feet to 70 feet.
• Street Section Type Three: Two -Lane Undivided with Dedicated Left Turn
Lanes: This typical section type exists in the Downtown segment from
Turner Street to Court Street and from Cleveland Street to Drew Street.
Rights -of -Way range from 55 feet to 70 feet.
Starting at the southern end of the Project area and moving northward, the
rights-of-way widths for Fort Harrison Avenue are:
• 100 ft - Belleair Road to Woodlawn Road
• 60 ft - Woodlawn Street to Jeffords Street
• 70 ft - Jeffords Street to Cleveland Street
• 55 ft - Cleveland Street to Fairmont Street
• 60 ft - Fairmont Street to Pleasant Street
Image 3. Pinellas Trail Crossing
Page 6 of 41
Sidewalks, Bicycle Facilities, and Trails
The corridor has sidewalks of varying widths on both sides of the street for the
entire length of the Project. There are numerous intersections for crossing, but
the amount of traffic and vehicle speeds make pedestrian crossings difficult.
Although part of the southern segment from Belleair Road to Chestnut
Street contain one-sided and two-sided four -foot striped areas out of the
main travel lanes, these"lanes"are not identified by lane markings and signs
as bicycle lanes and few connecting streets have bicycle lanes. The Pinellas
Trail provides some respite, running adjacent to the Project in the southern
segment for approximately the first two-thirds of a mile before veering east
for one block then paralleling the Fort Harrison Avenue corridor going north
for the remainder of the Project. At the northern terminus where Fort Harrison
Avenue merges with Myrtle Road (Alt. 19), sidewalks continue on both sides,
but the lack of bicycle facilities continues. This lack of safe, efficient non -
motorized travel facilities along a heavily traveled corridor hampers people
from using active transportation solutions to travel to their destinations.
The City of Clearwater has over 60 miles of multiuse trails. The Project corridor
would enhance connectivity between the trails network, Activity Centers,
and transit facilities, improving active mobility for recreational and utilitarian
riders.The south segment would improve the connection between the Druid
Trail and the Pinellas Trail. The Downtown segment would improve access to
the Pinellas and Memorial Causeway Trails and Downtown core. The north
portion of the Project would enhance connectivity between the Pinellas
Trail, the Old Clearwater Bay and North Greenwood neighborhoods, and the
waterfront at the Seminole Boat Launch.
Transit Service
Pinellas Suncoast Transit Authority (PSTA) plans to build an Intermodal Transit
Center in the heart of Downtown and is currently considering two sites, the
existing Park Street Transit Center adjacent to Fort Harrison Avenue and the
other two blocks from the Project.
Current PSTA services out of the current Downtown transit center are Route
52/52LX and Route 66, both routes of which run partially on Fort Harrison
Avenue, terminate at the Park Street Terminal in Downtown Clearwater, where
connections can be made to other routes as well as to the Jolley Trolley routes
for connecting to destinations to the north, or for accessing the beach. The
Jolley Trolley routes also both run partially on Fort Harrison Avenue and cross
the Project corridor several times Downtown There is no additional transit
service proposed within the Project corridor at this time. The Project would
improve non -motorized travel between Downtown and neighborhoods and
businesses around the Morton Plant Health campus and the North Marina
District Area by improving connections for people living and working in all
three Project Center areas. Existing transit service within and proximate to the
Project corridor is identified on Maps 10.1 and 10.2 in the Appendix.
Image 4. Jolley Trolley Service
Application for Concept Planning Project Grant
Pinellas Suncoast Transit Authority (PSTA)
• Route 52 & 52 LX (AM/PM peak only) - AM/PM Peak: 10 -15 -minute
headways; Non -peak hours: 1 -hour headways
• Route 66L (Limited Stop) - AM 3 times a day and PM 3 times a day:
90 -minute headways
Jolley Trolley
• Coastal Route - 1 -hour headways
• Beach Route - 30 -minute headways from 9:45 AM to 1:45 PM
Clearwater - Clearwater Beach Ferry
• Downtown Clearwater Dock (42 Drew Street) - 1 -hour headways. The ferry
terminal is located less than a ten minute walk from Fort Harrison Avenue.
Page 7 of 41
Forward Pinellas Complete Streets Program 2018
Street Lighting
Street lighting is a primary issue in designing a pedestrian -friendly urbanized
corridor and of this Project. Existing street lighting along the south and
Downton sections of the Project illuminate the road, not people walking,
biking, and crossing at intersections. Existing lighting fixtures in these two
segments are the Standard Pole Cobrahead style at standard intervals.
From Drew Street to the end of the Project, lighting is pedestrian -scaled
style overhanging the sidewalk, not the road. The Project will allow for
an assessment of lighting needs and gaps to improve conditions and the
attraction for people walking, biking, and riding transit.
Image 5. Typical Ft. Harrison Avenue Light Pole
Page 8 of 41
5.0 SAFETY CHARACTERISTICS
Safety while traveling using all transportation modes is a major concern
for the City. Although Fort Harrison Avenue is not considered a high-speed
corridor, over 654 vehicle crashes occurred along the Project corridor from
2013 through 2017 (Table 3; Appendix Maps 4.1, 4.2, 4.3). The impact of the
Project on the safety of road users is discussed below.
Table 3. Crash Data, 2013-2017 Fort Harrison Avenue from
Belleair Road to Pleasant Street
Description Total Crashes
AH Crashes
654
Injuries Fatalities
87
0
Pedestrians
22
11
0
Bicyclists
30
16
0
Source: Forward Pinellas - Crash Data Management System (CDMS) (period from January 1,
2013 to December 31, 2017)
Figure 1.Transit-Oriented Land Use Vision Map; Forward Pinellas
Transit -Oriented
Land Use
Vision Map
Legend
Activity Centers
Special Centers
Major Centers
Community Centers
Neighborhood Centers
Transit Station Centers
Multimodal Corridors
• • Special Condors
Primary Corridors
Secondary Corridors
tat�ex:.n St porting Corrdors
• Regional Corridors
FORWARD
PINELLAS
mom tied E I lost:wo
Application for Concept Planning Project Grant
6.0 PLANS & SPECIAL DESIGNATIONS
Forward Pinellas Countywide Plan
The Transit -Oriented Land Use Vision Map located within the Countywide
Plan for Pinellas County (Countywide Plan) Strategies identifies those areas
of the County most able to accommodate higher densities and intensities
in coordination with transit service and other multimodal transportation,
including Activity Centers and Multimodal Corridors. On this map, the Project
corridor between Belleair Road and Drew Street is shown as a Multimodal
Corridor — Primary Corridor, which means it is eligible to be designated
consistently on the Countywide Plan Map should the City study and plan for
this corridor and request such a change. North of Drew Street, Fort Harrison
Avenue is identified as a Multimodal Corridor — Supporting Corridor, which
recognizes the transit service that runs from cities north of Clearwater (i.e.,
Tarpon Springs and Dunedin) to Downtown Clearwater.
Downtown Clearwater is identified on this map as an Activity Center - Special
Center, which recognizes that the City has an adopted Special Area Plan (the
Clearwater Downtown Redevelopment Plan) for this important activity center.
Because it is governed by a local plan, it is also designated as a Special Center
on the Countywide Plan Map. This Activity Center designation encompasses
all of Downtown, including the Core and Old Bay Character Districts (which
includes the"North Marina Area" and Seminole Boat Launch).
Fort Harrison Avenue is connected to several east -west multimodal corridors,
including Gulf to Bay Boulevard/S.R. 60 (depicted as a Primary Corridor on the
Vision Map), connecting Downtown to the U.S. 19 Major Center (designated
on the Countywide Plan Map), Tampa International Airport, the City of Tampa,
and Clearwater Beach to the west (designated as Special Center on the
Countywide Plan Map). Additionally, Drew Street (depicted as a Supporting
Corridor on the Vision Map) also provides an east -west connection to the
Project and Downtown core.
Page 9 of 41
Forward Pinellas Complete Streets Program 2018
Clearwater Comprehensive Plan
The Citywide Design Structure in the Clearwater Comprehensive Plan
establishes a hierarchy of places and linkages to guide redevelopment in the
City. Map A-14 in the Comprehensive Plan shows where these key centers and
corridors are, as well as other destination points, larger shopping areas, and
landmarks.
All three segments of the Project contain an Activity Center. The Morton Plant
Hospital Campus (South segment) and Downtown (Downtown and North
segments) are both Major Activity Centers, because they are"... high intensity,
high-density multi -use areas designated as appropriate for intensive growth
and an integrated pattern of development. Activity centers are composed of
multiple destination points, landmarks character features. Activity Centers are
served by enhanced transit commensurate with the type, scale and intensity
of use."
The southern portion of the corridor between Belleair Road and Druid Road
and the northern portion between Eldridge Street and the intersection with
Myrtle Avenue/Alt. 19 are both identified as"corridors to redevelop", which
means the City has determined these portions of the corridor need a character
change or restoration to a better condition. All of Fort Harrison Avenue is
identified as a scenic corridor because it has particular significance, in terms
of tourism, economic development or community character, and therefore
should have enhanced and differentiated landscaping, as required through
the City's Community Development Code.
Generally, the City's Comprehensive Plan includes a variety of goals, objectives
and policies that support mobility and context -sensitive designs for arterials
and collectors within the City. In 2016, the City revised and incorporated
additional policies reinforcing its commitment to a safe roadway system for
all users. This grant would be used to support public and private investments
along Fort Harrison in support of these objectives in the Comprehensive Plan.
Plans for Downtown
The City has long planned for its Downtown, but in the last several years has
completed small area plans to conceptualize its waterfront park and boat
ramp areas within Downtown more specifically.
Page 10 of 41
Clearwater Downtown Redevelopment Plan
The Clearwater Downtown Redevelopment Plan is the City's long-term
vision for the Downtown (556 acres, 449 of which are in the Community
Redevelopment Area (CRA)). This year the City prepared a significant update to
the Downtown Plan, re -confirming the City's Vision and updating the Plan to
incorporate the additional small area plans.
The Fort Harrison Avenue Project spans Downtown from south to north,
connecting the South Gateway, Downtown Core and Old Bay Character
Districts. While the Character Districts within Downtown range in the desired
mix and intensity of land uses, all aspire to support multimodal travel through
infrastructure, urban design (new Goal added to address) and streetscape
improvements. Emphasis is placed on pedestrian accessibility and comfort.
The City also adopted new Downtown District & Development Standards in
the Community Development Code to ensure new development meets these
policies. Chapter 4. Plan Implementation identifies funding for an update to
the Streetscape Plan, and this grant would allow for the City to establish a
foundation of concepts designed to improve access into the City for all users
on a key corridor that serves as both the North and South Gateway. The city
believes it is imperative to improve mobility options and services as part of the
overall plan to remake Downtown into a model for work, live, and play in the
urban core.
Imagine Clearwater Downtown Waterfront Vision
Most of the Downtown portion of the Project is located within the Imagine
Clearwater planning area. The Imagine Clearwater Downtown Waterfront
Master Plan will guide a major transformation of Downtown Clearwater
which will include more walkable space to support Coachman Park, where
major events are hosted throughout the year, as well as stores and offices
in the Cleveland Street District. A guiding principle of the plan states, "Safe,
convenient, reliable, and multi -modal links will be provided between the
waterfront and the rest of Clearwater:'
Image 6. Imagine Clearwater Rendering
North Marina Area Master Plan
The North Marina Area Master Plan was commissioned by the City of
Clearwater in response to objectives identified by an Urban Land Institute
(ULI) Advisory Services Panel regarding the continued growth and
development of Downtown Clearwater. The ULI Panel found that the largest
concentration of opportunities with the greatest transformative catalytic
potential were located in the area designated as the Downtown Core,
extending to the Old Bay District and North Marina area.
The 55 -acre study area included portions of the Old Clearwater Bay
Neighborhood, the Pinellas County School Board's former North Ward School,
the Francis Wilson Playhouse, the Seminole Boat Launch, the Clearwater Basin
Marina and other privately -owned properties. It encompasses a portion of
the Old Bay Character District of the City's Downtown Redevelopment Plan.
The North Marina Area includes underutilized and vacant properties that are
in need of redevelopment. Within one -mile of the area's center, 46 percent
of housing units are renter occupied. Area demographics identify a lower
than national average income, and higher unemployment and poverty rates.
Further discussion of the relationship of the Project to the North Marina Area
Master Plan can be found in the Impacts and Benefits section below.
Application for Concept Planning Project Grant
Image 7. North Marina Area Master Plan Rendering
Page 11 of 41
Forward Pinellas Complete Streets Program 2018
7.0 PROJECT AREA CHARACTERISTICS
South Segment: Belleair Road to Chestnut Street
The Morton Plant Hospital Campus Activity Center
Along the south segment of the Project, the plan envisions a southern
gateway to the city, which would include developing livable communities
by improving sidewalks, trails, bicycle facilities, and transit access from
surrounding neighborhoods. These types of developments would coincide
with city plans promoting the economic development around the Morton
Plant Hospital Campus Activity Center and revitalizing the corridor area that is
an environmental justice focus area and home to many of our most vulnerable
residents. City support for this area is demonstrated in the Future Land Use
Element of the Comprehensive Plan. Policy A.5.4.7, which states that for South
Fort Harrison Avenue from A Street to E Street, amendments to the Future
Land Use Plan and Zoning Atlas may be considered to promote affordable
housing, mixed-use development, and to support the emerging character of
the area and Morton Plant Hospital.
Healthcare is Clearwater's largest source of employment and the field is
expected to substantially grow over the next decade or more. These services
are of critical importance to the city's aging population. As one of the primary
focus areas for healthcare in Clearwater, the Morton Plant Hospital Campus
and the nearby medical and healthcare businesses, which rely on the Project
corridor as the primary means of access for patients and workers, would
benefit greatly from this Project (cite: City of Clearwater, Florida, Economic
Development Strategic Plan, August 2011). The impact of the Project on the
Morton Plant Hospital Master Plan will be discussed below in the section titled
Impacts and Benefits.
Page 12 of 41
Image 8. PSTA Bus Service at Morton Plant Hospital
Downtown Segment: Chestnut Street to Drew Street
Downtown Activity Center — Downtown Core
The City of Clearwater's Downtown is the center of city government and
services, Pinellas County government functions, the Pasco -Pinellas court
district, and the international headquarters of the Church of Scientology.
Thousands of employees travel to and from Downtown every work day
and thousands more arrive for special events or pass through on their way
to Clearwater Beach. Fort Harrison Avenue is one of the major seams that
hold the Downtown grid together and as such must also be transformed to
accomplish the city's vision shown by the Downtown Redevelopment Plan
and Imagine Clearwater. These plans demonstrate the city's commitment
of financial and human resources to making Downtown's transformation
successful.
North Segment: Drew Street to Pleasant Street
Downtown Activity Center -- Old Bray Neighborhood
As previously stated, the north segment consists of primarily small scale
commercial buildings surrounded by single-family residential in some of the
city's more historic neighborhoods. Primary destinations include the Seminole
Boat Launch and the adjacent, privately -owned Clearwater Bay Marina, as well
as the Francis Wilson Playhouse. The City is committed to improving mobility
options for the people who live in this community. The North Greenwood
neighborhood, designated as a Neighborhood Revitalization Strategy Area, is
just east of this area. City plans including the North Marina Area Master Plan
address the importance of creating linkages between these two areas.
North of Downtown
The same pattern of lower scale development found in Old Bay continues
northward until the end of the Project corridor. There are areas of single-
family residential, and nodes of commercial uses in this area. The City has not
completed any special plans for this area.
Application for Concept Planning Project Grant
Figure 2. Pop -Up North Marina Information
TH
MARINA
POP-UP NORTH MARINA: A COMMUNITY STREETS EXPERIMENT
AND FESTIVAL
Type: Pilot Project
Status: Complete
Using Short-term Projects for Long-term Change
The North Marina Area is a vibrant waterfront community on
Clearwater Harbor. It is home to the Francis Wilson Playhouse,
Seminole Boat Ramp, Clearwater Bay Marina, and the former North
Ward School. The North Marina Area offers residents beautiful views
and a unique historic character with a variety of uses that attract
residents, visitors, and the boating community. Although the core of
Downtown is only a half mile away, the area feels isolated and
disconnected, and is in need of reinvestment
In 2016, the city completed the North Marina Area Master Plan, which
recommended the city invest in a variety of streetscape improvements
to support and encourage private investment in the community. After
a year-long planning process, the city wanted to begin with a short-
term, low risk project. The goal of the Pop -Up North Marina project
was to test recommendations such as a reduction in the number of
lanes and the addition of a sidewalk extension on Fort Harrison
Avenue to see if they had any traffic calming effects. The project was
also a learning opportunity to understand the project development
process and to promote tactical urbanism projects here in Clearwater.
Project Description
Pop -Up North Marina: A Community Streets Experiment and Festival
was a pilot project evaluating several of the North Marina Area Master
Plan recommendations. The tested improvements included wayfinding
signage, bike lanes, and wider sidewalks to calm traffic. The project
was implemented on four street segments in the North Marina Area.
These segments are:
• Nicholson Street Shared lane markings ("sharrows") between
Osceola Avenue and the Pinellas Trail were added.
• Eldridge Street "Sharrows" between Myrtle Avenue and the
Pinellas Trail were added.
• Osceola Avenue: A two-way protected bike lane and a one-way
vehicle travel lane were made between Seminole Street and
Nicholson Street
• Fort Harrison Avenue: The roadway was restriped for lane
reduction (from four lanes divided to two lanes divided)
between Nicholson Street and Georgia Street to incorporate a
blue painted sidewalk extension separated from travel lanes
with planters and flex posts; a new crosswalk painted at
Eldridge Street with a sea turtle crosswalk design; and several
benches with planters installed to provide places to sit
A series of community engagement activities were designed to
encourage people to work together in new ways and spark
conversations about new improvements in the area. Residents,
community members, and city staff who were involved in the North
Marina Area planning process also attended the community meeting
and other events for Pop -Up North Marina.
Page 13 of 41
Forward Pinellas Complete Streets Program 2018
8.0 PROJECT IMPACTS & BENEFITS
Fort Harrison Avenue provides abundant opportunities for the Project to
work with current and future city investments to support multimodal mobility
improvements to be a catalyst for transformative change in each of the three
Project segments. Complete Streets improvements on Fort Harrison Avenue
are integral to and would complement the city's planned redevelopment
efforts as envisioned for Downtown by Imagine Clearwater and provided
for in the Clearwater Downtown Redevelopment Plan and North Marina
Master Plan. Already, the Project corridor is undergoing renewal, seeing
private investment in development of properties in each Project segment,
as described below. Local planning requirements have been effective in
generating greater pedestrian orientation of new development activity, which
translates to better transit accessibility.
The density, income, and demographic composition of people who live and
work near the Project provide the ingredients necessary to ensure that people
most in need of safe multimodal options benefit. Improving the mobility and
accessibility for utilitarian users also benefits all users. Recent land use code
revisions that support more compact mixed-use development with reduced
or removed minimum parking requirements, and improved local connectivity
provide the changes necessary to make Fort Harrison Avenue the backbone
of this transformative change, as described in the following descriptions of
previous and future city investment in the Project areas.
An expected outcome of Complete Streets improvements along Fort Harrison
Avenue is to reduce the number of crashes and related injuries and to
prevent fatalities. The cost of crashes is a significant drain of public resources.
Between 2013 and 2017, there were 654 crashes of all modes along the
Project corridor. Fortunately, the number of pedestrian and bicyclist crashes,
injuries, and fatalities along the Project corridor are relatively small, compared
to other major corridors in the city, although even one is one too many.
FDOT estimates that each pedestrian fatality in a crash costs approximately
$10,000,000. Of the 22 pedestrian crashes between 2013 and 2017, 11
resulted in injuries, and there were zero fatalities. Bicyclists were involved in
30 crashes during the same period, resulting in 16 being injured and zero
fatalities.
Page 14 of 41
A key objective of this Project is the increased safety of all people that use
Fort Harrison Avenue, especially the most vulnerable people such as children,
elderly, and people with disabilities, and increasing the number of people who
feel comfortable enough to walk, bike, and ride transit for everyday needs.
The City and community aspire to increase safety for all users of Fort Harrison
Avenue, especially for vulnerable users such as the children and people
without access to a car that frequently use Drew Street.
A complete sidewalk network, wider sidewalks (in some locations), and
better separation of the pedestrian realm from vehicular travel lanes would
improve pedestrian safety and comfort. Other potential safety enhancements
could include ADA ramps, high -visibility crosswalks, pedestrian countdown
timers, leading pedestrian intervals, pedestrian scaled lighting with LEDs, and
reduced conflicts at driveways. Enhanced sidewalks and crossings would make
safer walking environments for numerous children who travel the corridor on
school days, especially at times early or late in the day when lack of natural
light hampers visibility. The potential for lane reductions, curb extensions,
and possibly roundabouts in suitable locations would create shorter crossing
distances to accommodate non -motorized travel. Vehicle -to -vehicle conflict
points in a roundabout configuration reduces the potential for severe injuries
and fatalities as compared to conventional inter- sections.
Better integration of transportation facilities for all modes of travel as a result
of Complete Street improvements would improve overall mobility within
the Project corridor. Complete pedestrian and bicycle facilities and safer,
more convenient means of crossing Fort Harrison Avenue would make the
street more appealing for non- motorized travel. Enhanced trail connectivity
between the Project corridor, the Pinellas Trail, the Memorial Causeway Trail,
and the Druid Street Trail would serve the numerous bicycle commuters and
recreational users who use these trails. The location of bus stops, design of bus
shelters, and traffic signal timing could enhance access to and the efficiency of
transit. Improved operational performance of intersections could help offset
any Project -related effects on traffic flows. Buffered or protected bicycle lanes
and improved trail connections would take bikes off sidewalks. Additional
bicycle parking opportunities recently adopted as part of the Downtown
Redevelopment Code and called for in the North Marina Area Master Plan
would encourage biking to local destinations.
Accessibility means the ability for people to get to where they want to go
safely, and efficiently. The Project will substantially enhance the ability to
arrive at a destination by a variety of modes. The improved walkability and
connectivity eases the first mile, last mile travel challenge. There are a wide
variety of daily destinations for living, working, shopping, exercise, socializing
and healthcare within a 10 -minute walk of Fort Harrison Avenue. Accessibility
to these and many other destinations in a single journey would greatly
improve through this Project.
• Schools: Belleair Elementary School, Osceola Middle School, and Clearwater
International Academy,
• Senior residential facilities and gathering places: Pacifica Senior Living
Belleair, Prospect Towers
• Health Facilities: Morton Plant Hospital and campus, Bayside Urgent Care
Center, dozens of doctors and dentist offices, Publix pharmacy
• Entertainment: Capitol Theatre, Francis Wilson Playhouse
• Parks: Ed Wright Park, Coachman Park
• Recreation and Centers: Ross Norton Recreational Center and Aquatic
Complex, Downtown Marina, Seminole Boat Launch and Marina, North
Greenwood Recreational Center
• Libraries: Clearwater Main Library, North Greenwood Library
• Fresh food stores: Publix Grocery Market
• Daily errands: Harbor Oaks Shopping Center
South Segment: Belleair Road to Chestnut Street
The southern segment contains the advantage of stable older neighborhoods
surrounding one of the largest contiguous areas of Limited Industrial land use
districts in the city. According to a study of the corridor, neighborhoods near
industrial development considered it a benefit for employment and occasional
services because the implementation of buffers and landscaping minimized
conflicts between this mix of uses (cite: The Center for Community Design +
Research, South Fort Harrison Study Report, July 1996). While the same study
cited traffic congestion, especially severe during afternoon peak periods, as a
key disadvantage to redevelopment of the area, it identified a solution directly
related to this application: "However, if less automobile dependent options are
pursued, such as improvements and extension of the local sidewalk system
and the completion of the Pinellas Trail, it is likely that traffic conditions will
not significantly worsen"
Application for Concept Planning Project Grant
The Project grant would support improving the walkability and connectivity
of the sidewalk system in the area, and options for reducing the disruptions
of driveways. The Pinellas Trail provides active transportation access to
numerous healthcare destinations, in addition to other locations and for
recreational uses. A goal of the city is to increase multiuse trail connections
to the Pinellas Trail and destinations along this segment of the Project. In
December 2018, the city completed the Druid Trail providing a multiuse path
linking neighborhoods and providing active transportation access from U.S.
19 to Fort Harrison Avenue and to the Pinellas Trail less than one mile north
of Morton Plant Hospital. The Parks and Recreation Trails Master Plan provides
for a trail along Lakeview Road connecting Martin Luther King, Jr., Wright
Park, and the Lake Belleview neighborhood to the Project corridor and to the
Pinellas Trail.
Private Investment: Morton Plant Hospital Master Plan
The Morton Plant hospital campus is 66.38 acres in size and generally bound
by the Pinellas Trail and the Seaboard Coastal Railroad (east), Jeffords Street
(north), South Druid Road (west) and Corbett Street (south). The city approved
a Master Plan for the hospital in 2014, which outlined a programmed series
of development; however, each component of the Plan must be approved as
part of a development application. In 2015, the city approved an expansion to
the main hospital tower with a height of 110 feet. The expansion provided for
621 beds in the hospital tower.
Downtown Segment: Chestnut Street to Drew Street
Downtown is characterized by a mix of uses with varying intensities and
densities. Form and function also vary depending on the specific location
within the Downtown. The traditional business core is the most intensely
developed area with a mix of historic buildings and new construction.
Downtown enjoys a unique location on the Bluff overlooking Clearwater
Harbor and the significant public destination of Coachman Park along that
waterfront. Notable destinations within the 10 -minute walkshed of this
segment are the Pinellas Trail, Clearwater Harbor Marina with fishing pier and
Clearwater Ferry, Clearwater Main Library, and Coachman Park, which is the
center point of the Imagine Clearwater plan.
Page 15 of41
Forward Pinellas Complete Streets Program 2018
From an economic development perspective, existing office space does not
meet the needs of local businesses. Many property owners have failed to
make improvements that information technology, financial and professional
services, and other targeted industries require. To prevent existing businesses
from leaving the City, higher intensity employment opportunities must be
possible on new and existing sites. Additionally, to create a vibrant Downtown
neighborhood, dense residential development is needed to create an "18 -
hour" neighborhood, supporting nightlife, entertainment and restaurants
and other late-night businesses. Throughout Downtown a variety of housing
types, at varying scales and prices, is needed to attract all income groups
and to contribute to the customer base for neighborhood commercial
establishments.
The City of Clearwater believes that the Complete Streets grant will fit well
with other city initiatives, redevelopment, and the following strategies
to improve the attributes that create the quality of life needed to attract
businesses, residents, and visitors to Downtown.
Private Investment: Downtown Redevelopment Opportunities
The original and expanded CRA district is projected to increase in value
substantially over the next 20 to 30 years.This is driven primarily by the
accelerating demand for new urban housing within the Downtown, and the
strategic economic development goals and objectives of the City Commission.
This redevelopment strategy details investment opportunities available on
several key redevelopment parcels and a large array of prime infill parcels
including:
• Arnold/Brown Parcel at Drew Street/Fort Harrison and Osceola Avenues -
An announced redevelopment site containing 70,131 square feet or 1.61
acres. According to published reports, the developer envisions a high-rise
condominium, a boutique hotel and ground floor retail uses. Potential for
development on this site is over 280,000 square feet, 112 units, or 152 hotel
rooms.
- AmSouth Block between Osceola Avenue, Fort Harrison Avenue, Cleveland
Street and Drew Street or"Superblock" Parcel - Contains one large
parcel, along with a few smaller properties. In total, the greater parcel
could ultimately contain approximately 178,000 square feet or 4.1 acres.
Development potential at this site could be over 712,000 square feet or 287
units.
Page 16 of 41
North Segment - Drew Street to Pleasant Street
The north segment's proximity to Downtown, waterfront access, connection
to major vehicular transportation corridors, Pinellas Trail, and other physical
assets provides for an incredible opportunity for improved public open
space and private redevelopment. Fort Harrison Avenue runs north -
south through the Old Bay District (part of Downtown) and residential
neighborhood (outside the Downtown Planning Area). Making the district
more successful will require both public and private investment in the area's
assets and commitment to remedy under -performing uses. Enhancement
and investment in publicly -owned properties and public realm areas such as
the Seminole Boat Launch are needed to create an identity, remedy negative
conditions and set the stage for private redevelopment to occur.
The City's Seminole Boat Launch and parking facility is a unique city-wide
asset and one of the most used locations within the area. The City has
designated funding for enhancements to improve vehicular circulation,
provide staging for boat launching, and to establish a more direct and safer
pedestrian connection to the waterfront and site amenities. Once constructed,
the site will have an elevated restroom building, an observation tower, 109
trailer parking spaces and 127 standard and handicap off-street parking
spaces, eleven boat slips on two floating docks, retention of the existing
Frances Wilson Playhouse with no changes, and substantial landscape
improvements.
Image 9. Seminole Boat Launch Rendering
Application for Concept Planning Project Grant
The Pinellas Trail runs through the area and connects to Dunedin and
Downtown Clearwater. The trail has been a major economic redevelopment
asset in many portions of the County, but the segment in this area is seen as
uninviting due to safety concerns and unsightliness. While special street lights
were installed on Fort Harrison Avenue in this area, this area's main street
needs attention. Investing in public realm improvements and making better
connections to the waterfront for residents and visitors will help to reestablish
the area as a true destination in the City.
Image 10. Pinellas Trail Signage
Page 17 of 41
Forward Pinellas Complete Streets Program 2018
Private investment. The North Marina Area
The North Marina Area Master Plan (2016) created an energy for the area to be
a mixed-use neighborhood supporting the Downtown employment base with
residential, neighborhood commercial, office and community uses. The City
has reviewed and/or approved development plans for several sites within the
area that, once constructed, will really start the transformation of this area.
880 N. Osceola Avenue
On over 5 acres of upland and submerged lands, this development is located
at the west end of Nicholson Street at Osceola Avenue. The property is
currently developed with a 66 -slip marina with primary access from Osceola
Avenue leading to a 50 -space parking lot. The approved development
proposal retains the existing boat slips and proposes to construct 95 attached
dwellings on the upland portion of the property. The attached dwellings
would be divided amongst two towers, as well as eight townhomes situated
along the edge of the marina on the southern end of the property. The towers
are proposed at a height of 80 feet, while the townhomes will have a height
of 25.08. The proposal includes 198 off-street parking spaces with 155 located
within a gated ground level parking garage, 27 above the parking garage, and
16 within the individual townhome garages.
The Residences @ Oceano — 708 N. Osceola Avenue
This development is located on slightly less than one acre on the west side
of Osceola Avenue approximately 115 feet south of Seminole Street. The
development proposal would demolish all existing improvements to provide
for the construction of a 52 -unit attached dwelling development with a
minimum of 52 off-street parking spaces. The proposal also includes a request
for an allocation of 21 dwelling units from the Public Amenities Incentive Pool.
9.0 COMMUNITY SUPPORT
The transformation of the Fort Harrison Avenue from a corridor designed to
move vehicles through the city as quickly as possible to an urban -oriented
complete street balancing the needs of all users has strong community
support.The city chose this project to link neighborhoods with each other,
with the three primary Activity Centers the road serves, and the adjacent
Pinellas Trail as well as the future Downtown Intermodal Transit Center. Safe
access using a variety of mobility options on an aesthetically pleasing Fort
Harrison Avenue requires needs analysis of and support from neighborhood
organizations and local businesses.
Page 18 of 41
Letters of support have been received from the following organizations (See
Appendix, Evidence of Community Support):
• Downtown Neighborhood Association
• Clearwater Neighborhoods Coalition
Harbor Oaks Association
Additionally, a resolution of support from the City of Clearwater City Council is
provided with this application.
10.0 COSTS & TIMELINE
Project Cost
The estimated total cost of the Project is $100,000. Fifty percent of the total
cost, or $50,000, is requested as a Program grant. The remaining 50 percent
will be satisfied through City matching funds (i.e., $25,000 plus in-kind services
valued at $25,000). An outline of the scope of services and associated cost
estimate is shown in Figure 3.
Grant Request
The city's request for Project funding from Forward Pinellas is $50,000.
City Matching Funds
City matching funds valued at $50,000 shall be allocated as follows:
• $25,000 — monetary funds
• $25,000 — in-kind services
The value of in-kind services by task is identified below:
• Task 1: $2,000
• Task 2: $4,000
• Task 3: $7,000
• Task 4: $3,000
• Task 5: $9,000
Project Timeline
The anticipated timeframe to complete the concept planning process, prepare
design concepts, and document outcomes is 11 months (see Figure 4).
Application for Concept Planning Project Grant
Column intentionally left blank
Page 19 of 41
Forward Pinellas Complete Streets Program 2018
Figure 3. Scope of Services & Cost Estimate
Scope of Services Outline & Cost Estimate
Fort Harrison Avenue Complete Street Concept Plan
Task 1: Project Kickoff (Team)
Develop project management plan
Gather existing data
Collect additional data (as needed)*
Conduct walking tour
Prepare community participation plan*
$10,000
Task 2: Discovery
Analyze and map data
Review conditions in the field
Interview key stakeholders*
Host community kickoff event and walking audits
Field community survey
$26,000
Task 3: Preliminary Design Concepts & Evaluation Criteria
Prepare preliminary design concepts and evaluation criteria
Host community meeting (review draft concepts and criteria and provide feedback)*
Synthesize community input
Present preliminary design ideas
$32,000
Task 4: Updated Design Concepts & Decision Making
Update design concepts
Host community open house (present updated concepts and obtain feedback)*
Develop implementation plan and plan document
$20,000
Task 5: Outreach & Coordination
Create Project branding*
Develop and distribute Project communications*
Coordinate agency review*
$12,000
Grand Total
$100,000
* Led and substantially performed by City staff
Page 20 of 41
Figure 4. Project Schedule
Graaf Awmd Selection
KickuffIDiaco went'
irh
Design Comept�
Implementation Plan
Plan Document
Spring 'Summer 1 FaII
2019 I 2019 I 2019
Winter
2019
Spring 'Summer
2020 2020
Application for Concept Planning Project Grant
Page 21 of 41
Forward Pinellas Complete Streets Program 2018
APPENDIX
EVIDENCE OF COMMUNITY SUPPORT
Page 22 of 41
ArCLEARWATER
NEIGHBORHOODS
COALITION
November 5, 2018
a
On November 5 The Clearwater Neil
Cl earwaterCca lition.org;
P,C3. Box 8024
Clearwater, Florida 33758
arwaterNe ghborhoods a{r cm
voted to support the City of Ciearster's
application fora Complete Streets Concept Planning Grant from Forward Pinellas.
As we understand it, the area to be treated is Ft. Harrisonfrom the northern apex to the southern city
limits boundary,
This is a very important corridor for our city, providing access to Imagine Clearwater's park area and
the entire downtown commercial area, as well as to the Morton Plant medical complex, which is a
major center for employment and for critical medical services. This plan would also build on the
North Marina Plan.
We believe Complete Streets has tremendous possibilities for enhancing our ci
pleased with the progress in planning for Drew Street, and we look forward to
approach applied to Pt. Harrison.
Karen Cunningham, 'President
Clearwater Neighborhoods Assoclati
Te are extremely
Aga similar
November 7, 2018
Chelsea Favero, AICP
Forward Pinellas
310 Court Street
Clearwater, FL 33756
RE: Forward Pinellas Complete Streets Grand Application - Drew Street Corridor
Dear Ms. Favero,
The Harbor Oaks Association fully supports the community effort to upgrade Drew
Street to a 'complete street', so that it is more accessible and safer for pedestrians,
bike riders, athletes and motor vehicles.
The Harbor Oaks neighborhood adjoins Fort Harrison Road immediately south of
Turner Street and west to the intercoastal waterway. We recognize that an increase
in the safety of these streets would enable residents and visitors to better enjoy the
City's natural coastal beauty and the neighborhood's Magnolia Street Dock. More
accessible and safer access routes would promote improved integration of the
residential community and provide better support of the local businesses that serve
and immediately adjoin our neighborhood. Further, an extension of this corridor
south along Fort Harrison Road to Belleair would lend strength to the revitalization
efforts by the City for the downtown area.
We ask that the City of Clearwater be awarded the Forward Pinellas Complete
Streets grant.
Sincerely,
Gregg Gallagher, President
Harbor Oaks Association Board
cc: Mayor George Cretekos, City Council, City of Clearwater
William Horne, City Manager, City of Clearwater
Ellen Crandall, Planning & Development Department, City of Clearwater
Application for Concept Planning Project Grant
Downtown Neighborhood Association, Inc.
Court Street Plaza, Suite 202, 635 Court Street
Clearwater FL 33756-5512
November 9, 2018
Chelsea Favero, AICP
Planning Manager
Forward Pinellas
310 Court Street
Clearwater, FL 33756
(727) 330-7895
Re: Support for Clearwater Complete Streets Fort Harrison Street Concept Planning Grant
Dear Ms. Favero:
The Downtown Neighborhood Association supports the City of Clearwater's application for a
complete streets concept planning grant for Fort Harrison Avenue in downtown Clearwater.
The Downtown Neighborhood Association's membership area is contiguous with the Clearwater's
CRA and exists to offer a voice for the residents who "live, work and play" in Downtown Clearwater. We
are the people who can and are interested in walking and biking to work and to the local businesses in
our city. Some of us have already given up our families' "second cars" and want to support safer, more
walkable streets, better traffic flow, and more urban -friendly amenities to support our local businesses.
Steps that will slow traffic, reduce noise, and create a more attractive and interesting appearance of
downtown streets will enhance our property values and make life more livable in this urban corridor.
Our organization has been involved in the recent and successful Drew Street Complete Streets
project so we are familiar with the concept. We are actively and continuously involved in the Imagine
Clearwater project that we expect will bring substantial numbers of Clearwater residents from other
neighborhoods to the downtown core. It makes good sense to address a complete streets plan for Fort
Harrison Avenue as we implement Imagine Clearwater over the next few years.
We have met with City staff to review and discuss the proposed grant, and we whole heartily
support the City of Clearwater's application. Please contact me if you have any questions.
Sincerely,
David Lillesand, President
David@LillesandLaw.com
Page 23 of 41
Forward Pinellas Complete Streets Program 2018
November 28, 2018
Dear Ms. Matzke
I am writing to represent the neighbors in Old Clearwater Bay Neighborhood (OCBNA), located
off Ft. Harrison and North of the Seminole Boat Launch. I have shared information with many
neighbors regarding the Complete Streets Concept Planning grants. Our neighborhood is in
support of the efforts to improve and provide safe travels within and around our area.
Neighbors have stated support of a "safe and thriving area". We feel attention and upgrading to
our streets and neighborhood would support increasing safety, comfort and pleasure when
walking, biking, and driving along Ft. Harrison and Osceola and downtown. Lighting,
landscaping, crosswalks, sidewalk additions and maintenance are all mentioned as current
concerns. OCBNA is an old, established area that warrants consideration for improvement as a
northern entrance to the corridor. We are excited about the upcoming progress that will make
this area of Clearwater and our neighborhood shine and be noticed by all those who visit and
enjoy all that this corridor offers.
Thank you for considering our input. We seem to be an unknown and underdeveloped area; a
diamond just waiting to be cut and polished and we will shine and sparkle!
Sincerely,
Michelle Fritz
Board Member Old Clearwater Bay Neighborhood Association
Page 24 of 41
Application for Concept Planning Project Grant
MAPS
tit lb tibm Arum Paws
Omlei &inks Nei OM& SupikpAnbi luffplawa
Rom Om Kn. IN
Page 25 of 41
Forward Pinellas Complete Streets Program 2018
Map 2.1. Existing Land Use, South o
Court St
1 inch = 675 feet
Existing Land Use
Single Family 111111 Retail Sales Governmental Overnight Accommodations Industrial 0 Railroad / Right of Way 1111 Utility/Infrastructure I 1 Vacant
Multi Family Office MI Institutional IIII Vehicle Services ® Recreation /// Submerged Lands Parking
Page 26 of 41
Outside Study Area Study Area
0
Application for Concept Planning Project Grant
Map 2.2. Existing Land Use, North of Court St
1 inch = 675 feet
Z
Et Harrison Avve7ummunsumiiI init.
Myrtle Ave
Existing Land Use
Single Family III Retail Sales 111 Governmental Overnight Accommodations IIII Industrial IO Railroad / Right of Way Utility/Infrastructure I 1 Vacant
Multi Family Office 1111 Institutional 1111 Vehicle Services al Recreation /// Submerged Lands Parking
Outside Study Area Study Area
Q
Page 27 of 41
Forward Pinellas Complete Streets Program 2018
Map 3.1. Future Land Use, South of Court St
1 inch = 675 feet
Ft Harrison Ave
EMENVIril
iture Land Use
Outside Service Area Outside Study Area Study Area
CBD CG MII IL - P R/OG•R/OL R/OSRFH1111 RH RLMRM RU T/U Q
Page 28 of 41
Application for Concept Planning Project Grant
Map 3.2. Future Land Use, North of Court St
1 inch = 675 feet
iture Land Use
CBD CG 1111 I
Outside Service Area Outside Study Area Study Area
IL®P R/OG•R/OL R/OSRFHMIRH®RLMMERM RU l: T/U Q
Page 29of41
Forward Pinellas Complete Streets Program 2018
Ma • 4. Median Household Income
1 inch = 1,350 feet
z Y
Median Household Income by Census Block Group ($)
ttl No Data IR 19,306 ® 22,102 ® 22,892 MI 25,114 I. 38,477 41,875 I. 52,604 11l1 70,625
16,202 21,667 1♦ 22,824 1♦ 23,549 1111 35,057 MN 40,938 III 51,917 63,859 I. 76,103
Page 30 of 41
Fort Harrison Avenue Outside Study Area Study Area Study Area Median
Household Income ($)
37,948
Map 5. Minority Population Percentage
Application for Concept Planning Project Grant
Minority Population Percentage by Census Block Group (%)
No data
2.2
3.0 _ 4.6 M 15.2 M 30.3 NE 43.7 NI 45.0 El 48.0 79.4 I. 94.3
3.2 7.1 M 18.7 43.044.1 47.3 El70.2 El88.0
Fort Harrison Avenue Outside Study Area Study Area Study Area Minority
Population Percentage (%)
42.0
0
Page 31 of '.11
Forward Pinellas Complete Streets Program 2018
Map 6. Population Under 18
1 inch = 1,350 feet Z
Ft Harrison Ave
Population Under 18 by Census Block Group (%)
al No data 0.59 a1.64 2.14 1.1 2.97 1.1 3.94 4.71 5.12 .11 7.85 ll 11.28
0.0 se 1.26 M 1.71 NI 2.76 MI 3.75 1111 4.63 4.79 IIII 5.49 MI 10.04 El
Page 32 of 41
Fort Harrison Avenue Outside Study Area Study Area Study Area Population Under '
01111110
D
3,734
Application for Concept Planning Project Grant
Population Over 65 by Census Block Group (%)
No data 0.55 IIII 2.44 1111 2.81 3.14 MI 4.12 4.92 5.80 10.39 11.62
0 1.33NI2.71 al3.06III 3.52 4.34 IIII 5.15 II 8.36 MI 10.50 15.24
Fort Harrison Avenue Outside Study Area Study Area Study Area Population Over 65
0
3,983
Page 33 of 41
Forward Pinellas Complete Streets Program 2018
Map 8. Population with Disabilities
Population with Disabilities by Census Tract (%) Fort Harrison Avenue Outside Study Area Study Area Study Area Population with Disabilities
No data a 9.02 . 11.01 35.11
4.58 1111 10.98 III 18.33
Page 34 of 41
111111110
a
3,825
Page intentionally left blank
Application for Concept Planning Project Grant
Page 35 of 41
Forward Pinellas Complete Streets Program 2018
Map 9.1. Trails, South of Court Street
1 inch = 675 feet
Y
Ft Harrison Ave
MUM
ill ■Ill'
aid I51
llulIuunII■
Myrtle Ave)
1 11111111
ails Outside Service Area Outside Study Area Study Area
- ParkTrail — Trail 11111
Page 36 of 41
O
Application for Concept Planning Project Grant
Map 9.2. Trails, North of Court Street
1 inch = 675 feet
Ft Harrison Ave
:Ili1- 111 if CVINO".i
til _ 1 1=1
.'.=- _==
I I111 i
ails Outside Service Area Outside Study Area Study Area
- Park Trail — Trail IN
0
Page 37of41
Forward Pinellas Complete Streets Program 2018
Map 10.1. PSTA Routes & Stops, South of Court Street
1 inch = 675 feet
MIMI II
• IMMO
IMMO 1101111111,0 111
i MIMI NM 111
I M
ill I .
eielf
I -
STA
STA Routes & Stops Outside Service Area Outside Study Area Study Area
PSTA Stops — PSTA Routes IN 0
Page 38 of 41
Application for Concept Planning Project Grant
Map 10.2. PSTA Routes & Stops, North of Court Street
1 inch = 675 feet
t-
4.
a
0
O
+148Hq
I'll'
nets am
A. I t mu. iiias r4
l._.-.
IMAM :ni,— ara
`i •32 a_ i! E
STA Routes & Stops
0 PSTA Stops — PSTA Routes
Outside Service Area Outside Study Area Study Area
0
Page 39 of 41
Forward Pinellas Complete Streets Program 2018
Map 11.1. Crashes, South of Court Street
1 inch = 675 feet
—
Ft Harrison Ave
rashes by Type
Outside Service Area Outside Study Area Study Area
0 Vehicle (1,086) • Bike (25) • Pedestrian (27) • Unknown (106) MO
Page 40 of 41
0
Application for Concept Planning Project Grant
Map 11.2. Crashes, North of Court Street
1 inch = 675 feet
Ft Harrison Ave
rashes by Type
Outside Service Area Outside Study Area Study Area
0 Vehicle (1,086) • Bike (25) 0 Pedestrian (27) • Unknown (106) NE 0
Page 41 of 41
Exhibit B. Title VI/Non-Discrimination Policy Statement
The CITY assures the Florida Department of Transportation and Forward Pinellas that no
person shall on the basis of race, color, national origin, sex, age, disability, family or
religious status, as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights
Restoration Act of 1987 and the Florida Civil Rights Act of 1992 (collectively referred to
as the "Acts") be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination or retaliation under any program or activity.
The CITY further agrees to the following responsibilities with respect to its programs and
activities:
1. Designate a Title VI Liaison that has a responsible position within the organization
and access to the CITY'S Chief Executive Officer.
2. Issue a policy statement signed by the Chief Executive Officer, which expresses
its commitment to the nondiscrimination provisions of Title VI. The policy statement
shall be circulated throughout the CITY'S organization and to the general public.
Such information shall be published where appropriate in languages other than
English.
3. Insert the clauses of Appendix A of this agreement in every contract subject to the
Acts and associated regulations
4. Develop a complaint process and attempt to resolve complaints of discrimination.
Complaints against the CITY shall immediately be forwarded to the FDOT District
Title VI Coordinator.
5. Participate in training offered on Title VI and other nondiscrimination requirements.
6. If reviewed by FDOT or USDOT, take affirmative action to correct any deficiencies
found within a reasonable time period, not to exceed ninety (90) calendar days.
7. Have a process to collect racial and ethnic data on persons impacted by your
CITY's programs.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any
and all federal funds, grants, loans, contracts, properties, discounts or other federal
financial assistance under all programs and activities and is binding. The person
whose signature appears below is authorized to sign this assurance on behalf of the
CITY.
Dated
By
Print Name:
Title
TITLE VI APPENDIX A of EXHIBIT B
During the performance of this contract, the CITY, for itself, its assignees and successors
in interest (hereinafter referred to as the "CITY") agrees as follows:
(1.) Compliance with Regulations: The CITY shall comply with the Regulations relative
to nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this
Agreement.
(2.) Nondiscrimination: The CITY, with regard to the work performed during the
contract, shall not discriminate on the basis of race, color, national origin, sex, age,
disability, religion or family status in the selection and retention of consultants,
including procurements of materials and leases of equipment. The CITY shall not
participate either directly or indirectly in the discrimination prohibited by section 21.5
of the Regulations, including employment practices when the contract covers a
program set forth in Appendix B of the Regulations.
(3.) Solicitations for consultants, including Procurements of Materials and
Equipment: In all solicitations made by the CITY, either by competitive bidding or
negotiation for work to be performed under a subcontract, including procurements of
materials or leases of equipment; each potential subconsultant or supplier shall be
notified by the CITY of the CITY'S obligations under this contract and the Regulations
relative to nondiscrimination on the basis of race, color, national origin, sex, age,
disability, religion or family status.
(4.) Information and Reports: The CITY shall provide all information and reports
required by the Regulations or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the Florida Department of Transportation, the Federal
Highway Administration, Federal Transit Administration, Federal Aviation
Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent
to ascertain compliance with such Regulations, orders and instructions. Where any
information required of the CITY is in the exclusive possession of another who fails
or refuses to furnish this information the CITY shall so certify to the Florida
Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier
Safety Administration as appropriate, and shall set forth what efforts it has made to
obtain the information.
(5.) Sanctions for Noncompliance: In the event of the CITY'S noncompliance with the
nondiscrimination provisions of this contract, the Florida Department of
Transportation shall impose such contract sanctions as it or the Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration,
and/or the Federal Motor Carrier Safety Administration may determine to be
appropriate, including, but not limited to:
a. withholding of payments to the CITY under the contract until the CITY complies,
and/or
b. cancellation, termination or suspension of the contract, in whole or in part.
(6.) Incorporation of Provisions: The CITY shall include the provisions of paragraphs
(1) through (6) in every contract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The CITY shall take such action with respect to any subcontract or procurement as
the Florida Department of Transportation, the Federal Highway Administration,
Federal Transit Administration, Federal Aviation Administration, and/or the Federal
Motor Carrier Safety Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance. In the event the CITY becomes
involved in, or is threatened with, litigation with a Consultant or supplier as a result
of such direction, the Consultant may request the Florida Department of
Transportation to enter into such litigation to protect the interests of the Florida
Department of Transportation, and, in addition, the CITY may request the United
States to enter into such litigation to protect the interests of the United States.
Exhibit C. Lobbying
49 CFR PART 20 --CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted
with each bid or offer exceeding $100,000)
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an 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.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for making lobbying contacts to an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form --LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions [as amended by
"Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with
Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C.
1601, et seq .)J
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
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 31, U.S.C. § 1352 (as amended by
the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1) -(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such expenditure or failure.]
The CITY certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the CITY understands and agrees that the
provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
Print Name:
Title:
(signature)
Date: