Loading...
04/08/1996 - Special. . , � - ,. _ _ _ _ .�-��; � • 0 � � �� � �w r . ..:.,�� �'. � ,.,, , ; �, �.�*� f , ,�_,c,� . a.+ �`7� S ?' , .. ' . . . . . . r�" . � ,- ,. � � � � � � � ��� �� � r ,. � 11 .. � �". _,. , . : ; � � � � � AGENDA � Clearwater City Comrnission Speciaf Meeting Monday - April 8, 1996 - 1:00 P.M. - Chambers 1 . Call to Order 2. Contract for food and beverage services for the Harborview Center to Boston Concession Group, inc., for the period 4/8i96-9/30/2001 3. (Cont. from 414196) Res. # 96-31 - Requesting Florida Division of Alcoholic 5everages and Tobacco to issue a special license for alcohol consumption on-prernises only to the Harborvie�v Center, and requesting transfer of said license to the Facility's Caterer; rescinding Res. #96-18 4. Adjournment SEAt•� ,�I, � ¢ :::: p 9q� �R ��04 Clearwater City Commission Agenda Cover Memorandum Item # � Meeting Date: 04/ 08/96 soBJEC�: Harborview Center Food and Beverage Services Contract RECOMMEI�IDATI ON/ MOTION : Award faod and beverage services contract for the Harborview Center to Boston Concession Group, Inc. for April 8, 1996 to September 30,2001. � and that the appropriate officials be authorized to execute same. BACKGROIIND: The City of Clearwater has retained Globe Facility Services (GFS) to provide quality management operational services at the �Iarborview Center. The City has established the following goals: 1, efficie�t operation 2. minimizing the net cost to the City 3. safeguarding the City's capital investment 4. active solicitation, promotion and company promotion of events to maximize revenues to the City The City Commission included in the budget for Harborview a fully developed banquet serving kitchen which will add income to the C�nter and be managed by GFS. This concept is designed to maximize the income and to consolidatn the alcoholic beverage license to one server thereby meeting the guidelines from the state for serving beverages on a regular basis. It is with these goals foremost in mind and based on direction received from the City Commission at a workshop meeting on 3anuary 2, 1996, that GFS. issued a Request For Proposal for Food and Beverage Services at the Harborview Center. Providers were solicited and notification of the process was advertised. The R.F.P, required each firm to provide information as follows: * demonstra.ted ability to maximize pot�ntial revenues * resumes of Operators Management Team * labor schedules and manning charts * proposed rnarketing prograrn * operating experience * financial resources * specific experience * operating plan * training practices Reviewed by: Originating Dept: Casts: S N/A Coamission Action: Legal Administration Total O Approved eudget � O Appraved W/conditions Pu�chasing N/A Risk Mgmt User Dept- Current Fiscal Yr. ❑ Denied CIS N A Harborvieu Center ❑ Continued to: ACM Funding Source: Other ❑ Capital Imp. Advertised: � Opereting Attachments: Date: 01/19/96 � Other Proposed Contract Paper: Tampa Tribune/Pinellas Revi er+ � Not Requi�ed ❑ Hone S�mitt�d by: Affected Parties Appropriation Code: � Notified 315-94734-550400-552-000 L'ity M age � Not Required - 2 - A pre-bid conference and facility tour was held on January 23, 1996, and nine (9) firms were represented. Proposals were due on February 9, 1996, and GFS received six (6) submissions. Short list interviews were held with four (4) potential operators on February 16, 1996. The evaluation committee consisteti of Mich Sauers, President; Ken Young, Director, both of Corporate GFS; Barry Strafacci, General Manager; D�vid Ransdell, Financial Director GFS Harborview; and George McKibben, Purchasing Manager, City of Clearwater. The evaluation and interview process identified two (2) firms as exceptional potential operators. Each has different advantages, as follows: Boston Concessions Group 1. strong financial resources 2. convention center experience (Broward County) 3. natio�al purchasing advantages 4. national network of trained personnel 5. availability of rnobile kitchen 6. experience in purchasing of kitchen and banquet ey,uipment Delectables Catering 1, local company 2. owners are chefs and banquet managers 3, hotel banquet experience 4. creativity and enthusiasm 5. local marketing knowledge and experience 6. no conflict of interest Therefore, after long negotiations, GFS recommends awarding the Food and Beverage Services to a joint venture of Boston Concession Group and Delectables Catering. These firms have reached a� agreement in principle and are finalizing details of a contract with the Harborview Center. The contract will be a management fee based agreernent. The joint venture will receive a percentage fee based on gross receipts, which provides an incentive for driving sales. Additionally, as an i�centive to rnanage the business efficiently and profitably they will r�ceive a percentage of Net Operating Profit. The two (2) parties of this joint venture will split fees equally. The joint venture has agreed to provide the business the necessary operating capital and interest free cash advance of $lOQ,000 to purchase the banquet equipment necessary to operate in a first class rnanner and an additional $150,000 at prime plus 1%. The equipment becomes property of the City. The advance is rett�rned by installments from Harborview's food atld beverage profits. The term of the contract will be five years ending September 30, 2001. TO: MEMORANDUIi'I Mayor and City Commissioners ,, FROM: I{athy S. Rice, Deputy City Manager COPIFS: SUBJECT: DATE: Betty Deptula, City Manager Bill Baker, Assistant City Manager Harborview April 3, 1996 Attached is a revised agenda item with a redlined copy of the concession management agreement for the City of Clearwater Harborview Center and Boston Cvncession Group, Inc. All changes are marked in legislative style. The major changes include: Page 2 Definitions A definition of gross receipts and expenses which exclude the cost of collecting bad debts as an expense and excludes uncollected amounts from gross receipts. Page 6 Page 14 Page 15 Page 16 Page 17 F C and D F Establishing standards for staffing and giving approval for change to the Harborview Center's General ManagPr. (See also U, page S.) The management fee is paid on an accrual basis and the profit changed to reflect 10 % flat fee. Defines better the advance requested of Boston Concessions and how it will be repaid. G Outlines the deficit guarantee of $50,000 by Boston Concessions and allows a one-year carryover as an operating expense to give the company the ability to recoup any losses. This is contemplated to help in the beginning years as business is building. F Defines the reimbursement procedure. Also attached is the information developed by Comrnissioner-elect Seel and questions asked by Commissioner Berfield (with answers). Attachments C�Z�7►i�7•'��� ► u : ► : ►� ► 1 : � u 1 ►Y 1 � �� • : � � : : �:��1� / � .1��_: • • . . . � � _ . , .. -� �. � . �",."� • ��: � -� - � ��; :• �� �� �1 � � � ��. � :�! .�' � � .- �• : � � 1� • � . � - � • • I 1 .,� 1 1: - �; � • - r � � - � �.� � I • 1 1 - - - � ���I��\���� J�/�\`� rl�l\�/��►�J\�t!t� Whereas. (�1_obe ha� an aEreemen wi h City to manage the �er�iavr� Center, a facility used for the purpose of hasting convendons, trade shows, civic events, and other entertainment for residents of and visitors to Clearwater, Florida. 1Nhereas. �e�1Q�g �d the City e€-�ea�� h�yg decided to grant aa exclusive concession to the Onerator for food and veraQe services fc�r the 'I'hird Level of the Center��nd the o�tion f��� .�ood and beverage service to the First Level as determined �v �'i14b% . The 4perator �ess�e}� is ready, willing and able to provide such services and concessions i.n accordance with this Agreement. �V��, Operator bas entered an agreement with Delectables Fine Catering, a Florida based cornpany, to provide certain on site services. ��, S' II Qbe and the Operator have agreed that the Operator should be compensated for operating its Food and Beverage Services both on a management fee basis and for a share of profits, as more fully set forth herea.ft.er. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: S:VnewcoRblhvcances.red 4-3-96 I. DEFINITIONS A. "Accounting yeaz" means the fiscal accounting year of the City of Clearwater, except for transition period of April 1, 1996, through September 30, 1996, B. "Agreement" shall refer to the Exclusive Rights Agreement executed between the Operator and the Harborview ManagemendCity in accordance with these specifications and the Operator's proposal submitted and accepted by the Harborview ManagemenUCity, all of which will be incorporated into the Agreement. C. "City" shall refer to the City of Clearwater, a municipal corporation organized and existing under the laws of the State of Florida. D. "Expenses" shall include but aze not lirnited to normal operating expenses of a food and beverage department+ exctuding tt�e c�� of cotlect�n� bad debt� �nd gr.atuities to th�.�xtent p�.to Or�ra�or's s�rvice emnlo,yees� E. "Facility" shall refer to the First and Third Levels of the Harborview Center, Clearwater, Florida. f�� > • F. "Generat Manager" shalt refer to the Chief Operating �fficer of the Harborview Center or his/her designated representative. G. "Gross Receipts" shall refer to ths total atnount of money ��e� by the Operator or any agent or employee of the Operator from all sales on an accrual �'L�;-s��� ( er-�e�, made as result of the service rights granted under the Agreement, excluding sales taxes �n�nd an,y uncollected � , . Gratuities shall also be excluded from gross receipts to the extent paid out to Operator's service employees (excluding managerrient and full-time, salaried employees). Any gratuities not paid out as defined above shall be included as gross receipts. H. "Harborview Management" shall refer to Globe Facility Services during its term with the City of Clearwater and should Globe Facility Services no longer serve in this capacity, Harborview Managernent, shall refer to the City of Clearwater's designee. I. "Licensee" shall refer to any person or entity that may frorn time to time enter into any agreement for the use of the Facility's for a particular purpose. S:Unewcame�hvconcas.red 4-3-96 2 ■ J. "Operator" shalt refer to the Boston Concession Group selected by the Harborview Management/City to provide the services set forth herein. K. "Profit" means excess during the Accounting Year of the Si� Receipts over the sum of Expenses �a� the Management Fee. S:V�ewoomelhvconces.red 4-3-96 3 � .; � :< ,; :� _ II. UTILITIES A. Harborview ManagernentlCity shall provide electricity, gas, sewer and water services for use by Operator in the Rroduction kitcb n as an o ra in�. e�pense of � Q sa.�o� 1' e intent L� t� allocat� Qn�,�ctual c�sts assoc�ed with the nroduction kitchen. Operator is required to develop an ef%ctive and continuous Energy Management and Conservation Program for his operations throughout the terrn of this Agreement. C •� . � � � • •�-r: i• . • � - - - - 1 • 1 " 1 � . 1 �� 1 1 � • ' �: � 1 :,.=. • : _ .: - - Yn � C, Should the Operator requ.ire any additional utility capacity and/or outlets beyond those provided, the cost of such installation and hookups will be an �i� expense' �,5.�.�A rov � y�h,.� Ceneral Managgr, b�t � � �r�roval �ha 1 not bg 1iaT.'�Qri�21, �►ithhe d. S:Vnewcomalhvconoes.rod 4-3-96 4 III.OPERATI�NS A. The Operator shall render service to the public in a professional manner. No pressure or coercion shall be u�ed by the Operator in an attempt to influence the public to use the services or products of the Operator. All Operator's sales activities shall be conducted and operated under the supervision of the General Manager and shall in no way interfere with the orderly operation of any event. The sales shall be conducted at such times from and at locations designed by the General Manager or his authorized representative. Operator and his ernployees will not distribute literature of any kind other than that directly related to the operation services in the Facility. The Operator shall at all times exercise prudent, reasonable and experienced judgment in the seiving of alcoholic beverages. The Operator shall at all times use only qualified and supervised personnel with training as required by Florida law for the sale of alcoholic beverages. B. The Operator shall operate the areas designated for the purpose of the sale at retail to the public at the Facility, in an efficient manner for the convenience and safety of the public during all designated Facility events and at such other tirnes as shall be reasonably required by the General Manager. C. Programming for all events requiring the services of the Operator shall be scheduled by the General Manager or his authorized repr�sentative. Progxamming offered by the Operator utilizing the Facility shall be accepted and incorporated into the official Calendar of Events, provided that said activities are consistent with the poticies of the Harborview Mana�ementlCity and provided that said events are not in comgetition or conflict with Facility sponsored events. D. The Operator shall employ and compensate his own help, vendors and employees; and all said employees, counter help, or vendors shall rneet all the requirements set out herein. The employees shall be neat and clean in appearance and be courteous towards the patrons, the public and their fellow employees. All employees of the Operator shall enter and leave the Facility via the entrance(s) so designated by the General Manager. �erator's err�l�yees �hall ,park in areas desi��,�v General Man�g� The Operator shall be solely responsible for the payment of all Federal, State and Local employment taxes and Health/Welfare benefit plans and other fringe benefits. The Operator shall have a drugfree workplace policy. The General Manager reserves the right to re�.auest the dismiss�any employee for dsinking alcobolic beverages Rnd/or using illegal substances. General Manager reserves the right at all tianes to n;d�uest the dismissal of any employee of Operator for cause. The General Manager shall provide office space and loc�er room space as available for employees of Operator. S:�newcomelhvconces.red 4-3-98 5 E. The General Manager shall have the prior right to approve the selection of Operator's Manager, No replacement of the Operator's Manager will be permitted without prior approval of the General Manager, including interviewing and approving the replacement Manager for Operator at least thirty (30) days prior to the departure of the previous Manager. F. Operator shall provide event sta�ing in accordance with the following��� ���s: 1. Waiter/waitresses a. one per twenty five guests for sit down luncheons and dinners b. one per thirty guests for sit down breakfasts c. one per thirty guests for luncheon and diru�er buffets d. one per forty guests for breakfast buffets e. one per one hundred guests for cocktail parties 2. Bartenders a. one per one hundred guests for host bars b. one per one hundred twenty-five guests for cash bars ��' �.: C • ��. ���� � �' ...i��� � ,i . .� � �..� �� .i .� �' ��• •� •� � �• -�-r:. u.�..- ��• •�: r • �. ���� � �: .��- , _�- -�- u.�.•- � •� �• � �- � .�� : • �. I � �� 1 �, '�I _ � � » Y. • = .i .: :' G. Operator shall provide General Manager with the following upon final approval of this Agreement: 1. Copy of the Operators Emgloyee Handbook 2. A statement identifying the sources to be used for obtaining non- management labor. 3. The entry-level training progra.ms outline for all customer-contact personnel. H. All employees of Operator shall be neatly attired in uniforms. All uniforms are subject to Frior approval by the General Manager. I. All beverages sold either at fixed or portable locations or vended (except for catered ev�nts) shall be sold in paper ar plastic �ups. The General Manager shall have the right. of approval of all containers. J. All uniforms, plastic and paper cups, containers, napkins, matchbooks, etc. must prominently display the �g11LeP'S ���'s name and/or logo. Operator's logo S:Unewcomelhvconces.red 4-3-9� 6 may be displayed at the discretion of the Gcneral Manager. All artwork and design specifications will require prior approval of the General Manager. K. Operator shall be permitted to operate or subcontract vending machines subject to the approval of the General Manager as to the lucation, number of machines and products sold. All such sales shall be included in the Operator's gross receipts. L. Chewing gum will not be sold by the Operator, either rnanually or through vending machines. M. The Operator shall not interfere with the free distribution of food and drinks or any other items of any nature whatsoever, where such distribution has been authorized by the General Manager. Free sarnples may be given away by or on behalf of or with pernussion of any person or organization which has properly engaged the Facility at trade shows, cooking schools, exhibitions and conventions at the discretion of the General Manager. The Operator will be reqwred to provide or �odify operations upon request of any Licerisee, when it has been approved by the General Nfanager as in the best i.nterest of the Licensee or is necessary to comply with the terms of the Agreement between ihe Facility and said Licensee. N. Operator shall submit to the General Manager, for approval, reasonable rules and regulations for the operation of the concessions. Final decision as to whether ar not alcoholic beverages may be sold at an event shall be determined by the General Manager. The decision to refuse service of alcoholic beverages to any individual shall be the sole responsibility of the Operator. O. The General Manager shall decide any and all questions which may arise as to the acceptability of services rendered, and as to the rnanner of performance, and questions which arise as to the interpretation of the cond.itions and the specifications and all questions as to the accepta.ble fulfillment of Agreernent, except the actua] termination shall only be accomplished with Harborview ManagemendCity approval. P. Harborview Mat�,�ement �� shall be responsible for providing set-up and tear-down labor and equipment for banquets avd receptions. All table decoration, skirting, water service, etc, are the responsibility of the Operator. Q. Operator shall operate concessions during move-in and rnove-out days for trade shows, exhibitions, conventions and rehearsals on request of th� Generai Manager. R Operator shall be required to provide sufficient levels of working capital (till funds, petty cash, and inventory) to adequately serve the patrons of the �enter ��-at all #imes. S:Vnewcome�hvconces.red 4-3-96 7 '�) S. Operator agrees that it shall not discriminate against any person with respect to apportunity for employment or conditions of employment because of race, color, religion, national origin, age, sex, or disability and warrants that it will comply with all applicable state and federal laws relating to employment practices. T. The days and hours of operation for the food and beverage services shall be subject to the prior approval of the General Manager. ��- •.-r: • �. ��� ..i i� . .� ,,. . � -� • �•- � ..� � . �- -�-r: u��.••. �� �.� .1 �. •�. � �- �: � �� �� • �- : .�..1 1' 1 • el il< �: :� � 1/�1 �•• . �- � ' � •1 • ,1 ' " / ' C \ / . � . • - S:Vnewcomelhvconces.red 43-96 8 IV. NiAINTENANCE AND CLEANUP A. Operator shall maintain all equipment and smaIlwares used in performance of his duties, including rolling stock, in a good state of repair, including maintenance or repair necessitated by ordinary wear and tear. B. Operator shall replace, as an operating expense, any equipment damaged beyond repair, or rendered useless by wear and tear, unless, in the sole opinion of the General Manager the equipment is unnecessary to the proper functioning or the food service operation. Replacement equipment shall be subject to approval of the General Manager as to type and similarity to that replaced. •�• . � . �� �. •� ��' . U. �.. -��" � ,• ' � ��� . ••��� � � 1 1' •1 ��' '111 1" 1' 1"'� �'� _ �• •.� '1, fll'1 ! 1' 1•� Ile •• '1�' '• •' �1� rl' '1' (/t.ls_•' •/ !' ' •11 1' 1 ! • ' • � 1 � i • ! � 1" 1' '! . ! 11 "1 1' ' s.• e.l � 1""� 1 1: '� . ..� rl- � • '1 . "I1'1 •/ �i 1' " ��1 1 + � t._ la�r "• Ut.lt•'11'! � i 1 ".! . �11' 1 ls.11!''� 1�' 1 1'' ••1 '� 1� �l,� t: 1 �. 1� ' •, t" � . .�' � �� r • 1 ' • .,� � '. 1'1 " D. The Operator shall maintain all food service areas in a clean and sanitary condition in accordance and consistent with a11 applicable rules, demands and requirements of law, pertinent health and sanitary codes, and requirements of duly authorized health authorities �f the City of Clearwater and Pinellas County and any other health department having jurisdiction. E. Operator shall, as an operating expense, engage and supervise exterminators to control vermin and pests as is necessary, but at least monthly. Such extermination services shall be suppli�d in all areas where food is prepared, dispensed or stored. F. AlI refuse and waste materials created by the Operator's aperations in all public areas shall be promptly disposed of after each event as an expense of the operarion. Waste foods sball be kept in closed metal containers until removed from the Facility. Such removal shall be made promptly during and after the event. The entire area within a radius of twenty-five (25) feet of each stand, cornrnissary and work area shall be kept free and clear from all nuisance. Damage to floors, walls, windows or other property in said radius by reason of operation of said sta.nd shall be repaired at Operator's expense. Operator shall employ the necessary personnel before, during and after hours of any event to cornply with these provisions. G. Operator shali provide General Manager with copies of all maintenance contracts and cleaning and rnaintenance schedules on at least an annual basis, S:Vnewcomelhvconcea.red 4-3-96 9 , H. The General Manager, at his sole discretion, shall determine acceptable pecformance levels relative to maintenance and sanitary conditions. S:Vnewoomelhvconces.red 43-96 10 �:' ' ,.1 !1 V. PRODUCTS TO BE SOLD, PRICES A. Operator has the exclusive right for Food and Beverage Services on the Thirs� level of the Center, subject to other provisions of this Agreement, to sell all fuods and beverages, including alcoholic beverages, candy �exce�t .gum 1 and other products.a�e ��. Rights for the sale of novelties, souvenirs, merchandise and programs are excluded from this Agreement; but, may be included at the discretion of the General Manager. Providing food and beverage services for the First -�� floor and other areas under Harborview Management/City control, are at the sole discretion of the General Manager notwithstanding other agreemen�s. The exclusive rights granted hereunder shall not be construed as to prevent or prohibit either the Facility or any licensee or tessee of the Facility from engaging in or contracting for, with Facility's approval, outside catering services, excluding liquor, for special events not to exceed five (5) total such events per Facility's fiscal year and for City Department events, when required by the City Manager. The intent is to lirnit these to Recreation programs that are not catered type events. The 4perator, however, shall be considered the exclusive catering service provider, and Facility will recommend the Operator as first choice for all catered events provided the Operator dernonstrates the required catering capabilities. Use of the Facility by an outside catering service shall not include the use of any of Operator's occupied areas or equiprnent ot��er than the service corridors unless otherwise agreed to by Operator and General Manager. B. Operator shall provide those types of services normally associated with convention Center operations from t�ie standpoint of customer, tenant, public and building needs. These services are primarily concession and catering related functions. Additionally, specialized services consisting of, but not limited to the following, will be required: 1. $,Q41�$erviGe- this service is pertinent to meeting rooms used by clients with services requested ranging from snacks to elaborate catered meals. This type of service often involves quantity amounts of food as opposed to individual orders, requires constant attention by Operator for re-supply and freshness purposes, and often must be serviced around meeting time and/or other constraints imposed by the client or Facility management. 2. Ea�ibitor Service�- exhibitors at convention or trade shows may choose to entertain clients with food a.nd/or beverage items served direcdy in their booth display locations. S;Unewcome�hvconces.red 4-3-96 I1 3. per�o�nel Servi�e- there will be occasions when Operator is callcd upon to provide hosts/hostesses, bartenders and/or waitcr/w�itresses for specialized functions. These functions are not to be confused with or detract in any way from the normal services and stAfiing for which 4perator is responsible under this Agrecment.a�d-afe-+t�-ad�+�e�- Eeae�e�-�4�age�: 4. Water Service- Operator shall provide hcad tablc water service for all meetings in the Facility at no charge to the clicnt. This service shall consist of glasses and pitchers for ice water. In addition, the client may from time to time request water service in meeting rooms for the audiencz which Operator shall also provide at no charge, upon direction from the General Manager. 5. �f.fsite Catering- Operator, subject to General Manager's approval, is encouraged to seek offsite catering opportunities so long as they do not interfere with Facility events. Offsite catering income �,�� from use of Facili ,'s r�Qd�ction kitchen and/or equi�ment will be included in 4perator's gross receipts. C. Operator recognizes that the quality of items sold at Facility is a matter of highest concem to the Harborview Management/City and is the essence of the Agreement. Operator represents and warrants that all items sold will be of the highest possible quality. Operator shall provide products of quality and at prices at least consistent w�ith sirnilar product� presently being offered in other similar Facilities. The General Manager reserves the right to determine wh�ther a particular product complies with the above standard, which righl shall be exercised reasonably. D. General Manager shall meet with Operator to review products to be sold and prices to be charged on an annual basis. Whenever unique economic conditions result in unusual cost increases to Operator, General Manager will consider a request by Operator for price changes at times other than the annual date. E. Operator shall procure all food, beverage and operating supplies from local sources where possible, provided local sources meet quality requirements and are price competitive. F. All merchandise kept for sale shall be subject to inspection and approval or rejection by the General Manager or his duly authorized representative during all ti.mes that the concession is in operation. S:1lnewcomelhvconcos.tesi 4-3-96 12 G. General Manager retains the right to permit the sale of all alcoholic beverages in the Facility in his sole discretion. If any I,is�n,� �� with prior approval of the General Manager requires that its patrons be allowed to bring alcohalic beverages upon the premises, then the Operator shall have the right to sell ice, cups and beverages, commonly referred to as sei-ups, as we11 as levy an appropriate corkage charge agreeable to the General Manager during such funcdons. H. Operator understands and agrees that the General Manager can place reasonable restrictions on the sale of food, beverage and concession items where necessary because of the nature of the function, I. Operator understands and agrees that food andlor beverages may be necessary to certain functions themselves, i.e., a restaurant, or other food related type show, and in such cases the Harborview Management/City's contract with the licensee may permit licensee to dispense free or for sale food and/or beverage items. The Operator shall not be entitled to any commission or revenue from such dispensing or function. The General Manager agrees to limit the size and quantity of such items. S:Vnewcomelhvconces.red 4-3-96 13 VI. FINANCIAL C4NSIDERA,TIONS Harborview ManagementlCity e€��a�e� and the Operator have agreed that the compensation for operating food and beverage services at the facility be on a management fee basis and a share of profits , as set forth hereafier. A. erm • .• � .i � . �.� ��. • � � • 11 1 � � � 1 ' 11 1 � � 11 � 1 • • � � ' ��1 le /' 1 11111' 1 : � 1 � � �• • • � : � � . � � 1 11 •; I I I : Y. _ _,. •;_ �_. •. .�. -.- � � ' ���i��� �� Operator shall expend a sales promotion fund equal to one and one half percent (1.5%) of total annual gross receipts each year to be used by the Operator and the Facility to advertise and promote the use of the Facility food and beverage services. All expenditiues from this fund require the prior approval of the General Manager and shall be considered an operating expense. C. Management Fee Operator sha11 receive eight percent (8%) of gross receipts of the food and beverage services up to $1,004,000 and seven percent (7%) of the gross receipts of food and beverage in excess of $1,000,000, paid monthly, as an operating expense,.calculated on an AccountinQ Year basis. This shall be paid on an accrual basis with Een�erall, accented aceounting.princi les. � i a• � i ' � Operator shall receive ten percent (10%) of profit after payment of operating expenses including the management fee on gross receipts of food and beverage service. , , ° , , . This shall be paid on an Accounting Year basis S:Vnewcomelhvconces.red 4-3•96 l4 E. O�r�inE.Ea,�€ Operating expenses shall be the sum of �perator's actual expenditures for the fullowing items, a11 of which shall be reimbursed �-by the food and beverage Account � � Qy�x t e re,ner�l M�na e_r,� determined on an accrual basis in accordance with generally accepted accounting principles: 1. Operator's cost oF labor and payroll directly related to the Center's u^����r:a.,� food and beverage department, (excluding •' '' home office executive staf�', but including those employees which may frorn time to time be brought or relocated by the ���;t� � � to the Center to participate or assist directly in Operator's '' opening at the Center or in the servicing of any subsequent event at the Center), except for �15,000 administration charge for payroll, accounts payable and receivables, performed at corporate office. This practice and fee may be discontinued at the �iscretio ���e of the General Manager. All s�ch �xn�ndih�res �re �bject to the paor d eta , ap.� ova of the General M�na.g�r. 2. The direct costs of all food, candy, tobacco, beverages, merchandise, materials and supplies used during the course of operating the E��,y food and beverage department. 3. All other dircet costs incurred by the Operator in ccannection with the �jj,�� _food and beverage departrnent, including, but not lirnited to, taxes (excluding sales taxes), vehicle expenses related to vehicles permanently assigned to the operation, audit accounting fees, insurance, licenses, utilities, bank charges, freight, pest control, pemuts, employee search and recruiting costs, employee relocation expenses (for managers and assistan# managers only), office supplies, postage, advertising and promotional expenses, maintenance and repair of equipment, renta.l expenses, linen and wuforms, telephone, credit card expenses and replacernent of smallwares and expendable equipment. �.�1 1' "_� .•� • �- � ' ��• . � .� : � � . •� , .•- -� � � � � -• . � �' � .�� �� 1 ill •�' �• -� � . � �� . . 11 /11 � � �- . � . ... � �. � � � r • . • � � �- � ' � � . � � � 1 " . 1 � ' � � ' � :_.i►��atii•r�eri�%sr:��auii ii�i�i. rrr.•i���v uir�e��:��:!ia��ir��►=z%•s ��►ii. �1 � • 1 • 1 � ( : 1� l� �. �1 '�� � ' � 1 _• 11'1. .1""1�� _�•.��--1�1' �.�i.' 1� '111� 1 ' 11 � 1 " - "� - 1 � 7 . ! 11 1 - � � � � � � • 1 1 �1 � � • � 1 • ' 1 ' � 1 � 1 1 " � 11 � % ��� \ ' . 1/ % 1 :..' " il ' 1 � 1 � � . "�1 � 1. . 1 1 1. 1 1.. . �.' �• 1,. � 1' ' 1 1 I �' C��:. i•.� . 1 (• S:Vnowcomelhvconcea.rad 4-3-98 15 �� i� 1 � Starting with the first full Accounting Year begirming October 1, 1996, or upon issuance of Certificate of Occupancy for the production kitchen and the Cleaiwater Room, whichever is latest, if there is an operating deficit during any Accounting Year, the Operator shall be responsible for that deficit, up to $50,000 annually. The Operating Deficit begirining with the first full Accounting Year may be carried for one Accounting Year, as an Operating Expense. After payment of the Opecatir�g Deficit for an Accounting Yeae, and within 10 days of the beginning of the subsequent Accounting Year, Operator shall have the option to terrninate this agreement with 60 days written notice to Harborview/City. Operator sha11 also be responsible for the Operating Deficit occurring during the 60 day notice of terrnination period. If City takes any formal action affecting the operation of food and beverage service in the Facility which unreasonably interferes with Operator's rights and obligations under this agreement, Operator must notify Harborview ManagementlCity in writing, and give Harborview Management/City right to cure. If Harborview Management/City does not cure, Operator may elect to cancel Opera�ing Deficit Guarantee. In such event the City rnay elect to terminate agreement with 60 day's written notice. In the event that the Facility is not available for Concessions services by reason other than �perator's negligence, for a period of more than 30 consecutive days, or more than �5 cumulative days in any Accounting Year, the Operating Deficit Guarantee shall not apply to such Accounting Year. S:Vnewcome�hvconces.red 4•3-96 16 VII. RECORDS, ACCOUNTING AND AUDITING A. All Operator's operations shall conform with the laws, rules, regulations, and ordinances of the United States Govcrnrnent, the State of Florida, Pinellas County and the Harborview Management/City a€�ea�e�, and such ogerations rnust be conducted so as not to interfere through noise or odor with any person or organization which has properly engages Facility or patrons enjoyment of the prernises, Operator shall be subject to any reasonable rules and regulations which may be set up by the General Manager. B. The Operator shall, as a cost of business, procure and keep in force during the entire period of the contract all permits and licenses required by laws, rules, regulations and ordinances of the State of Florida, Pinellas County and the City of Clearwater. C. Operator shall maintain all accounting records and docurnents regard.ing operations at the Facility throughout the term of the Agreement, all in accordance with generally accepted accounting principals. D. The General Manager shall be entitled, at any reasonable time, to conduct his own inventory of products and equipment maintained at the Facility under this Agreement. E. Operator shall submit all receipts to Harborview Management Event Account, through which alI receipts under the Agreem�nt shall be deposited and records of receipts so deposited kept. •�- . � -� � • � • : � � � �•• .•� i- � � •�• .�- ��• . � �. �� '� � •� ., - � •�• .�- � �• 1 �. � � •� � • �� � �� �� �� �.�i � ' : �.• �i . i• ��,-r � �� 1' � e h�r - � U, �,� -�1' 1 + � ��� ..1!'i.. �� ' ,.� ► � � �. �j�� r: • 1 � _ 1 . 1 �.! � 1 � . 1: 1 : � . ! 1 ' 1 -.� • ' 11 � .. f•: 1/ ' 1 1 1 ' � < 1��� r/ " � /U � 1 e ' � 1� ' 1 • � �: C 1 ' � . �: 1 : 1 1 f 11 " 1 ,• � • 1 � �: � : � �! I ! I 1 ,. � _� . �/ �: C t e. l� : '�! . i ' • �.��� • 1�.� ' 11 � " r/ .: / i I ' 1� 1.. A' 11 � 1 1 � 1 e. 1 1 �' '.� e.11 •.. i 1 1" .� '1 1 ._1 "� � � ' � �: . 1 :.1 � _:.. 1 � 1 1 • .� ,.1 ! 1 1 1 ..1 1 l�1 �' � '� r � t; r s � .{ " . '� : j� ' • I•.l 1 �1�1��1 •- �.��I' . �/ c�,'' 11'1 � 1� 1 f11� ' 11 •-.P' ��,- e 1 • . i�. �.� 1: �e 11' 1 � �. • • 1 : � �: l e � .I 1 1 ' 1 � � � ' � '.�� • 1 1 ' 1,,• Ii ' 1 l".� ".i ..� 1 1 1�: •1� ..11' � ,_ �1 � �. �.� r/' . 1/ %1"' 11'1 � /•.. /� ► �,1�: r • • / .1 1 . ' 1 � � � � 1 • . ti 1 � � 1 s 1 � � 11 1 l : � ' 7 1 ' � ' . � " `! •/ 1: •'.� '�1 1 .1� ��. I�� .1/'�,. II !' .%r / -1 '1 _ � 1 � ' � _.11 1 ..1 •I �: � r I S:Vnewcorr�e�hvconcss.red 4-3-96 17 G. An annual audit of sales and exne, nses prepared by ceriified public acGOUntants selected by the �perator and approved by the General Manager musi be submitted to the General Manager no later than sixty (60) days after the end of the initixl Agreement year and ench subsequent year of the Agreernent. The annual audit report will be prepares in a format acceptable to the General Manager and shall be considered an operating expense. H. If the General Manager is not satisfied with the statements submitted by the Operator as provided for herein, the General Manager shall have the right to make a special audit, by auditors selected by the Harborview Managernent/City, of the books and records required to be made and prepared by the Operator. I. The Operator shall disburse all taxes required by Federal, Florida, and local authorities and shall pay any applicable taxes relating to food service operations, equipment, inventory and/or rents. J. The Operaior shall submit to Harborview Manaeement 6et}e��age� the following reports on iL��ris operation at the Facility: 1. Daily and monthly revenue and ex�ense se�es reports �e�e��e. 2. Daily event sales reports ��-se�s e 3. Aruival �venue and ex�sa�es report corresponding with Harborview Management/City's fiscal year and reconciling with previous year's monthly reports. 4. An annual t�venue and exnense se�es budget and semi-annual revised r�venue and exr�nse s�es budget 5. An annual equipment and smallwares inventory S:Vnewcomelhvconces.red 4-3-96 1 g VIII. 1NDEMNITY, R.ELEASE, INSURANCE AND SECURITY A. jn�.�mp,ifx To the fullest extent permitted by law, the Operator shall defend, indemnify and hold harmless the Harborview ManagementlCity, and its agents and employees from and against all claims, damages, losses and expenses arising out of, connected with, or resulting from, directly or indirectly, any failure of the Operator to perform in accordance with the terms, conditions and specifications of this proposal. Said claims, damages, losses and expenses shall include but � not be limited to attomey's fees and any cla.ims, damages, losses and expenses due to the non-performance of this Agreement. ' •� . The Operator shall at all times enforce by adequate supervision and training of supervisory personnel a safe working environment for all employees, including the supervision of all services which relate to the general safety and welfare of any persons exposed to the services performed under the Agreement by Operator. The Operator agrees to fully cooperate with the Facility in any employee and public safety program sponsored by the General Manager. The Operator agrees to conduct all of its operations with due diligence and care for the safety of all persons at all times. [���� ��: i r'� During the term of the agreement, the Operator shall provide, pay for as a cost of business, and mai.ntain with companies satisfactory to the Harborview Management/City the types of insurance described herein. All insurance shall be from companies duly au-�thorized to do business in the State of Florida, and shall be issued a.nd counter-signed by duly authorized representatives of such companies for the State of Florida. All liability policies shall provide that �e-Harborview Management/City are additionaily insured as to the operations of the Operator under this Agreement and atso shall provide the Severability of Interest Provision. Promptly aft.er written Notice of Award of the Agreement, the insurance coverage'�-and limits required must be evidenceds-by properly executed Certificates of Insurance on forms which ar�e personally rnanually signed by the Authorized Representative of the insurance company shown in the Certificate with proof that it is an authorized representative thereof. Thirty (30) days written notice by registered or certified mail must be given the S:Unewcomelhvconces.red 4-3-96 i9 Harborview Management/City of any cancellation, intent not to renew, or reduction in the policy coverage's, except in application of aggregate liability limits provisions. Should any aggregate limit of liability coverage be reduced, it shall be immediately increased back to the limit required in this Agreement. The insu.rance coverage's required in this Agreernent are to be primary is2 any insurance carried by the Harborview ManagementlCity or any self-insurance program thereof. If any General Liability Insurance required herein is to be issued on a"claims made" form as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the cornrnencement date of the project and shall provide in the event of cancellation or non-renewal that the discovery period for insurance claims (Tail Coverage) shall be unlimited. The insurance coverage and limits required of the Operator under this Agreement are designed to meet the minirnum requirements of the Harborview ManagementJCity. They are not designed as a recommended insurance program for the Operator. The Operator alone shall be responsible for the sufficiency of its own insurance program. Should the Operator have any questions conceming his exposure to loss under this Agreernent or the possible insurance coverage needed therefor, it should seek professional assistance. The Harborview ManagementJCity will in no way be responsible to the Operator or any other party for the inadequacy of the Operator's overall insurance program. Should at any time the Operator not maintain the insurance coverage rec�uired in the Agreement, the Harborview Management/City, at its sole discretion, shall be authorized to pwchase such coverage and charge the Operator for such coverage purchased. The Tt-Iarborview Management/�ity shall be under no abligation to purchase such insurance or be responsible for the coverage purchased or the financial stability of the insurance campany used. The decision of the Harborview Management/City to purchase such insurance coverage's shall in no way be construed as a waiver of its rights under this Agreemen� All of the required insurance coverage in this Agreement rnust be issued as required by law and must be endorsed, where necessary, to cornply with the minimum requirements contained herein, Also, thirty (30) days written notice by certified or registered mail must also be given to all parkners as to cancellation of the policies and any change that will reduce the insurance coverage req�aired herein. Renewal Certificates of Insurance on the Harborview Manageme�atlCity's form must be provided tQ Harborview ��,Qement and to the City Risk Manager twenty (20) days prior to expiration of current coverage's so that there shall be no interruption in the work due to lack of proof of insurance coverage's required of the Operat�r in this Agreemen� S:Vnewcome�hvcances.red 4-3-96 20 The General Manager shall have the right to receive certified true copies of insurance contracts t4 support the Certificates of Insurance. This Agr.,ement may be terminated by the Harborview Management/City without penalty or expense i±� any policies requested hereunder are not provided the General Manager within thirty (30) days of the date when the policies were requested. (1) Workers Co�t�ensation and Emn(overa L.iabilifiv Ins�ranc� shall be provided for all employees engaged in the work under this contract, in accordance with the laws of the State of Florida. The amount of Ernployers Liability Insurance shall be not less than: $104,000 Limit Each Accident $500,000 Limit Disease Aggregate $100,000 Limit Disease Each Employee (2) ComcL�,�iYe General Liabititv Insurance shall be maintained by the Operator with a limit of not less than: Bodil� Injury Liability -$1,000,000 Limit Each Occurrence Property Damage Liability -$250,000 Limit Each Occurrence OR Bodily Injury & Property -$1,000,000 Combined Single Damage Liability Limit Each Occurrence and shall � include Personal Injury, Liability for Independent Contractors, Broad Form Property Damage including Completed Operations, and Products & Completed Operations Coverage. Should the Operator's General Liability Insurance be written or renewed on the new Commercial General Liability form, then the limits of coverage required shall not be less than: Bodily Injury & Property Damage Liability- 51,000,000 Combines Single Limit Each Occurrence $1,004,000 Aggregate for the locations where the work is performed under this Agreement. (3) Automobile Liabilihy Insurance shall be maintained by the Operator in accordance with the laws of the State of Florida, as to the ownership, maintenance, and use of all owned, non-owned, leased or hired vehicles. The limit of coverage shall not be less than: Bodily Injury Liability -$1,000,000 Limit Each Person - � 1,000,000 Limit Each Accident Property Damage Liability -�250,000 I;imit Each Accident O� S:Vnewcomelhvco�ces.red 4-3-96 21 Bodily Injury & Property -$1,000,000 Combined Single Limit Damage Liability Each Occurrence (4) Llmbrclla 1.ia�,i '► J,n.9 ��_raace orFxce4•g .ia�t' it,y Ies�rance. If used to reach the $1,000,000 limits of Liability required, ihe limits of Liability Insurance for the Comprehensive General Liability and Automobile Liability Insurar�ce Coverage� required in this section shall be not les$ than: Bodily In}ury Liability -$500,000 Limit Each Person, Each Accident Property Damage Liability -$100,000 Limit Each Accident OR Bodily Injury & Property -$500,000 Cornbined Single Limit Darnage Liability Each Occurrence (5) T��auor Liabititv Insursnce. Operator shall maintain: a. A Liquor Liability Insurance policy on an "occurrence" basis in an amount not less than $1,000,000 combined single limit providing insurance coverage for bodily injury and property damage arising out of the sale, use, or dispensing of alcoholic beverages on the F�cili� ��e�e� prernises, b. In lieu of a Liquor Liability Insurance policy, Operator may provide a Comprehen.sive General Liability policy in the amount shown above in paragraph (a), properly endorsed to eliminate the liquor liability exclusion normally found in such insurance policies. c. The Harborview MatLa�,�1uLCity �h�jL�s-�e-be specially included as an additional insured on all Liquor Liability Insurance policies. ���+ • The Operator shall immediately report in writing to the City's designated Risk Manager and to the General Manager any incident which might reasonably be expected to result in any claim in any of the coverage's mentione� herein. The Operator agrees to cooperate with the Harborview Management/City Risk Manager and the General Manager in promptly releasing reasonabie informatian periodically as to the disposition of any claims, including a resume of claims experience, relating to all of its operations �t the Facility. S;Vnewcamelhvconcas.red 4•3-96 22 IX, DEFAULT AND TERMINAT�ON A. In the event Operator shall default in any of the payments, obligations or conditions set forth in the Agreement, the Harborview Mana�ement�Gitv 6� may te�r�ate � the Operator fs2L.e€such default in writing. B. Written notice referred to in this A.rticle shall be deemed delivered upon presentation to any person designated by the Operator as the Manager or, in the case of notice by the Operator, the Harborview Management/City or by mailing the sarne certified or registered mail to the address of the 4perator in the proposal, or the address of the I�iarborvievrv ManagementlCity in the case of notiee by the Operator, C. Within five (5) days receipt of notice of default from the Harborview Management/City, Operator shall correct such default if the default is with respect to any payment required to be made by the Operator, or within thirty (30) days of receipt if the notice of the default if it is of any other nature. In the event Operator fails to correct the default to the satisfaction of the Harborview ManagemenVCity within the time specified, then this Agreement can be terminated by Harborview Management/City, Failure to termi.nate will not be a waiver of any rights her�in. ' D. In the event that the Agreement is terminated upon default, the Harborview Management/City may assume control of the operation and all equipment installed at the Facility and the Harborview Managernent/City rnay continue to operate the sarne until satisfactory arrangements may b� reached with the Operator concerning the default, or until the I�iarborview Managemend�ity shall obtain the services of another Operator. E. In the event the Qperator cannot perform its obligations under Agreernent because of a labor dispute, such non-performance will not be considered a default; provided, h�wever, that in the event of a labor dispute, the Harborview Management/City may operate the concessions until the labor dispute is settled. F. In the event a decree or order by a court having jurisdiction shall be issued fa) adjudging the Operator bankrupt or insolvent; or (b) approving �� a petition seeking reorganization of the Operator under any section of the National Bankruptcy Act, as amended; (c) ordering or approving tbe winding up or liquidation of the Operator's affairs; or (d) appointing a receiver or a liquidator or a tn�stee in bankruptcy or the Operator or its property; if the Operator shall institute proceedings to be adjudicated a voluntary bankruptcy or insolvency S;unewcome�hvconces.red 4-3-96 23 proceedings against it, or shall file a petition or answer a consent seeking reorganization under any State Insolvency Law, or shall admit in writing an inability to pay its debts generally as they become due, or take action in furtherance of any of the aforesaid purposes, or shall abandon the Agreement, then the Harborview Management/City may terminate the Agreement an all rights of Operator to continue to operate the concession thereunder. � • � � � • =�7�tl:E � • � • • � .�+ �: -r•�. .� �: �� '� � �- � :�� •.-r. • �: �: �� �•� • � � - - .- _ • . 1�rtl!�l���Jr/\ti�/V{!!�t!i1�7t�\�J�\•� ll7 _ i � . 1 1' - -1 t . 1 '�11 i���l 1' ��: [% � �• �; .� ' • : �. I11'1 . '� '� • �: 11.�' � �' �. �•��' U•.1:•' 11'1. � • • .�� � � � • .��,-� -r��i. �� S:Vnewcomelhvconoes.red 4-3-98 2q OTHER CONDITIONS A. The rights and privileges granted hereunder shall not be assigned or transferred in any manner whatsoever by the Operator without written approval of the Harborview Management/City, B. No agreement to rnodify, or modification to, the Agreement shall be binding on Harborview Management/City unless the same reduced to writing and executed by the Ha,rborview ManagementlCitY C� with at least the same fonmalities as the Agreement. C. In the event that Operator should hold over and remain in possession of the prernises after the expiration of the term of this Agreement or ihe termination for any other cause, such holding over shall be deemed not to operate as a renewal or extension of the Agreement such hold over may be terminated at any timc by the Harborview Management/City. D. Operator shall not make any discrimination, distinction or restriction on account of color, race, religion, ancestry, age, national origin, sex or handicap. Upon final determination by a court of competent jurisdiction that Operator has violated this Section, this Agreement shall be deemed terminated and Operator's further right hereunder forfeited. E. Operator shall not a.dvertise �n any manner or foma, on or about the Facility except by means of such signs or forms of advertising as may be approved by the General Manager. F. Operator shall at all ti.mes comply with all applicable laws, rules, regulation's and orders of the Fede�al Govemment, State of Florida, Pinellas County and City of Clearwater and also shall abide by all rules, regulation's and directives prescribed by the General Manager. G. The Operator shall be an independent contractor and nothing combines within the Request for Proposals or the Agreement shall be construed to create joint venture or partnership by or arnong the Harborview Management/City and the Operator, nor shall the Operator hold himself out as or be considered an agent or employee of the Harborview ManagementlCity. H. Harborview Management/City reserves the right to require Operator to conduct screening or tes�ting of all employees for substance abuse. S:Unewcomelhvconces.ted 43-96 2$ I, The Operator has entered into a separate agreement with Delectables Fine Catering to provide certain on site services. v c anQ�s to thai � men rga �ir -s h�.y�tt�n�rQV�I of H�r�Niew Mana��inen Ci .�s- � �- � -� :� .:� • .� •• --���� -, • �� � .- , : ��-.-���� � � -�� - .� � � �� � � .• '��'� � ,. � � � •� 1����' -. � ��. .� �. .���� �' �,t • .� • �. : � � � �. . s�.1 '.�1�1' 1� �: •.. ��� �.i' 1(' i' I•t♦ rl . • - /1 � 1 / . �� ' • ' �� ' � � � " . � 1 � ' ' 1 1 � � . . � � � . 1. � 1� ►: 1' 1 �.,�1 �: � �� 1• ��� 1 1' �. �' t' '�.(• 1' ' 1� IR .j1 . �� :�� �: 1.' _1 1�; 1 11 1 � .� .� � 111�: '1 .� � �i 1 � 1' � .1, •1 �: THIS SPACE LEFT BLANK ON PURPOSE S:Vnewcoma�hvconoes.rod 4-3-98 26 S1GNA'TURE PAGE FOR CONCESSION MA,NAGEMENT AGREEMENT FOR THE CITY OF CLEARWATE�2 HARBORVIEW CENTER IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. Attest: BOSTON CONCESSION GROUP, INC. By: Print Narne; Print name: Secretary Print Name: Attest: Title: GLOBE FACILITY SERVICES, INC. By: Print Narne; Print name: Secretary Print Narne; COU11teIS1gY1�: �� c��y Mayor-Commissioner Approved as to form and legal suf�ciency: Pamela K. ,Akin, City Attorney Tit1e: CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptula City Manager S:Vnewcornelhvconces.red 4-3-96 2'] Attest: Cynthia E. Goudeau , City Clerk � i i t i M HARBORVIEW All assume same net profit percentage of 36.46%: Mana�emen� Fee Method Commission as Bid Boston *GFS Harborview Boston *GFS Harborview COMPARISON $1.SM S�les $ 154,167 158,371 204,315 �1.SM Sales $ 238,087 158,371 117,442 2M Sales $205,085 225,743 297,889 2M Sales $361,053 225,743 142,004 April 3, 1996 3M Sa1es $311,455 370,567 520,814 3M Sales $651,075 370,567 181,058 *The calculation is based on the food and beverage contract only. H[owever, GFS would share in 20% of the profits of the overall facility excluding Pickles Plus and Stein Mart lease revenues. For example, based on current projections, GFS would earn $75,000 on the first $1.5 million in sales from the food and beverage contract because the facility will show a smaller profit. �' MEMOR:ANDUM TO: City Commissioner Sue Berfield ���� FROM: Kathy S. Rice, Deputy City Manager .� COPIES: SUBJECT: D�TE: Mayor & City Commissioners Bei:ty Deptula, City Manager Harborview Center April 3, 1996 You asked that the following questions be answered concerning the proposed Harborview Center agenda item. 1. 2. 3. � 5. C� 7. : Opening paragraph -- how is Delectables tieci into the agreement? The agreeinent is with Boston and Boston has an agreement with Delectables. (See page 22 I). Page 5 J-- displaying logos, etc -- what about the City seal? This will be the Harborview logo which identifies as a City facility. It is not conternplated to use the City seal for marketing purposes. Page 5 K-- where it talks about the operator -- why not City or Harborview? Why should they make the money off of us? The fee is a method of compensation -- 90% of profits go to Globe/City. Page 8 A-- Second paragraph where it talks about first choice for events -- how are we doin� for 5 events that are allowed to do their own? What are we recommending? What is the reasoning. The five events are covered since outside caterers can be brought in. This is in keeping with Commission's request. We will rec4mmend not using outside caterers. Page 9 C-- What items are we selling? Concession stand items such as hot dogs and sodas. Page 9 G-- where it talks about allowing people to bring alcoholic beverages on premises? We are the liquor license holder. How is the City going to sit liability-wise? Some charity groups will have donated wine, etc. We will serve as part of agreernent. Liability remains with operator. Page 11 B-- where it talks about sales promotion -- Who is going to decide about what type of prornotion they do? Harborview General Manager makes all decisions. Page 12 1-- What are you saying in this one? This is a cost saving method capping our expenses at $15,000 if approved. ; � - _ t .. .. _. � April 3, 1996 Page 2 9. Page 13 -- by the general manager or general manager shall - should it say general manager/City? No. Globe is the City's agent. 10. Page ZO G-- effective 10 days after notice of termination - why not a bond notice of termination? why not get it back then and there? Have changeci to immediately in the new version of the contract. 11. Page 21 G-- HarborviewlCity methods used by the operator, etc. Why not? That sentence is deleted in the new version of the contract. i � � ► ► � � • A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, REQUESTING THE FLORIDA DiViSiON OF ALCOHOLIC BEVERAGES AND TOBACCO TO ISSUE A SPECIAL LICENSE FOR ALCOHOL CONSUMPTION ON-PREMISES ONLY TO THE HARBORVIEW CENTER, AND REQUESTING TRANSFER OF SAID LICENSE TO THE FACILfTIES CATERER; RESCINDING RESOLUTION NO. 96-18; PROVIDING AN EFFECTIVE DATE. �� WHEREAS, the ability to serve alcoholic beverages is an important aspect of providing a full-service facility for the users of the Harborview Center; and WHEREAS, Florida Statutes 561.20(2)(h) provides for the issuance of a special alcohol beverage lic�nse for governrnent-vwned civic centers; and WHEREAS, Hart�orview Center is a convention/civic center owned of the City of Clearwater and managed by Globe Facilities Services, Inc. (GFS); and, WHEREAS, the Boston Concession Group (BCG) is the caterer for H�rborview Center pursuant to an agreement between GFS, the City and BCG; and WHEREAS, the City of Ctearv,rater wishes to have the alcohol beverage license transferred to BCG; and WHEREAS, the City of Clearwater wishes to rescind Resolution 96-18; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section t The City of Clearwater hereby requests the Florida Division of Alcoholic Beverages to issue a special ficense pursuant to the application of the City to be filed with the Division. Section 2. The City of Clearwater requests a transfer of said license to Boston Concession Group, the caterer for Harborview Center. Sec#ion ;�. The City Cornmission hereby authorizes the City Manager to s+gn al! necessary and appropriate documents on behalf of the City to complete the application and transfer applicatian and implement this resolution. SectiQn 4� Resolution 96-16 is hereby rescinded. Section 5� This resolution is effective immediately upon adaption. 8 Approved as to form and legal sufficiency: � � Pamela K. kin, City Attorney Rita Garvey, Mayor-C�rnrnissioner Attest: Cynthia E. Goudeau, City Clerk 9�-�/ Resolution No. ��-1-� �,. �tJ�i� ' . .. ..;. . .. . ' . . . . 2 � � � � • • , • ' . 'J � . �° �,, t 4 t �. � i� S w , � • • • � � � �� 7 / :i � '■ �� ■ ��: 1. 2. 3. 4. 5. 6. 7. } AGENDA Clearwater City Commission Special Worksession Monday, April 8, 1996 - following Special Meeting beginning at 1:00 p.m. City Hall - Large Conference Room : � Call to Order Commission Rules ._._. e��..�a�l,� w�a�� c� --�-� 5' � ' � �' Commission Pol�cies ��P City Hall Renovations Community Redevelo ment �r �...� o {� V►'�o� �.- d � • j � ' `1 � p .� �,� �f �lgency (CRA► � a) continued existence, structure & staffing b) CRA Plan Strategic Planning timeframes � Adjournment � � CITY OF CLEARWATER Interdepartrnental Correspondence TO: Mayor and Commissioners FROM: Cynthia E, Goudeau, City Clerk SUBJECT: Rules COPIES: Elizabeth Deptula, City Manager Pamela Akin, Ciry Attorney DATE: Apri14, 1996 Attached are the Cornmission rules as they currently exist. On the right hand side are suggested changes and/or issues for discussion. Once the Commission has discussed the rules and directed the changes to be made to them, the rules will be rewritten and in some cases reordered to have related rules rnore logically grouped together. A resolution adopting the rules will be placed on the next agenda. In addition to those items indicated on the attached, staff also recommends: 1) placing titles on sections to make specific rules easier to locate; 2) add a rule requiring a super majority to change the rules. � � � , 5 I i COMM{SSION RULES RULE 1 (rev. 12-2-93) A quorum for the transaction of business by the City Commission shall consist of three (3) Commissioners. The Mayor- Commissioner shall be the presiding officer of the City Commission, and shall be referred to as the "Chair" when sitting in that capacity. In case of the absence of the Mayor-Commissioner, the Vice Mayor shall assume those responsibilities, and if bofih are absent, the senior Commissioner �n yea�s of servic� shall preside. The Chair shall preserve order. The Chair may ca{I to order any member of the Commission who shall violate any of the rules; and shall decide all questions of order, subject to a majority vote on a motion to appeal. The Chair shall recognize all Commissioners who seek the floor under correct procedure. Normally, members of the public shall be allowed to speak, but they sha{{ be limited to three (3� minutes speaking time per issue. All questions shall be stated and put by the Chair, and the Chair shall declare all votes. RULE 2 (rev. 7-1-93) The City Clerk shall make correct minutes of the proceedings ofi each Commission meeting, and shall furnish copies of the minutes of each meeting to the Mayor-Commissioner and to each Commissioner. Copies of the minutes of a regular daytirne meeting shall be furnished at least s�ven days, when possible, prior to the next regular daytime meeting, and copies of the min�rtes of a regular night meeting shall be furnished at least seven days, when cc�uies 1 Issues/Options 1. Make a separate rule for quorum. (1 st sentence? 2. Delete next to the {ast sentence as it is also contained in Rule 10. 3. Make last sentence part of Rule 13. Issues/Options 1. Delete 1 st sentence as minutes production is a responsibility assigned to the City Clerk by the Charter. 2. Change 2nd sentence to read: "Copies of the minutes of regular meetings shall be furnished, when possible, at least seven days prior to the next meeting. revised 1-22-96 possible, in advance of the next regular night meeting. Such minutes shall stand confirmed at the regular meeting of the Comrnission without the reading thereof in open rneeting unless some inaccuracy or error be pointed out by some rnember of the Commission present, and in such event, an appropriate correction shall be made. Upon request, the City Manager will cause the Cit�r Clerk to provide any Cornrnissioner with transcribed excerpts of tapes of City Cornmissivn rneetings. RULE 3 trev. 12-2-93) All motions shall be made and seconded before debate. The Chair shall not make or second a motion. RULE 4 A copy of each ordinance when passed shail be furnished by the City Clerk to the heads of all City departments concerned. RULE 5 irev. 2-20-86; 5-1-86; 1-7-93; 7-1-93; 12-2-93; 8-15-94; 3-16-95) (1) The City Commission shall meet on the first and third Thursdays of each rnonth at 6:00 p.m. in its charnber. However, in July, the City Cornrnission shall hold one regular nigh� meeting on the third Thursday and one regular daytime meeting on the Monday before the third Thursday of the month. In December, the City Cornrnission shall hold one regular night meeting on the first Thursday and one regular daytime rne�eting on the Monday before the first Thursday of th� month. Special rneetings may be held on cal{ of the cc�ui�s �� Issues/Options 1. Delete 1 st sentence or make it part of Rule 13. 2. Make last sentence part of Rule 1. 3. Allow Chair to second a motion. Issues/Options 1. Delete as this is a normal part of the City Clerk's responsibility. Issues/Options (1) 1. Possible change to rneeting times a. Earlier start time with public hearings being after 5:00 p.m. b. Once a week meetings vs. twice every two weeks. 2. Maintain specific time in which the �ity Comrnission does not meet or change to allow for City Comrnission to deterrnine when to have a break in meetings if needed, 3. If rnaintain specific time deterrnine at the tirne annual calendar is being cre�ted whether to not meet last part of December or ����so� i-zz-s� Mayor-Cornrnissioner, City Manager or any two of the mernbers and upon no less than 24 hours notice to the public and to the members of the City Cornrnission. (2) Except as may be rescheduled firom tirne to time when necessary due to conflict, a work session shall be held at 9:00 a.m. on the first working day of the Cornmission rneeting week. Work sessions are prirnarily designed for inforrnation gathering and guidance, and no formal Commission decision approving or disapproving an agenda item or items scheduled for public hearing may be made. (3) Except for iterns advertised for public hearing, items may be removed frorn the agenda. Additional iterns may be added upon not less than 72 hours notice by a Commissioner to the City Manager; provided, that ernergency items may be added to the agenda by the City Manager or City Attorney without prior notice. The agenda rnay be reordered. Minutes shall be taken and distributed by the City Clerk. (4i A regular night rneeting or special night meeting sha!! conclude at approximately midnight, unless the tirne is extended by a majority vote of the rnembers of the Cornrnission in attendance. The Chair shall adjourn the meeting upon the conclusion of the itern of business which is under discussion at the tirne for adjournment unless the time for adjaurnment is extended. With the majority vote of the members of the Commission in attendance, the rneeting may be extende� for such time as is CCrules 3 first part of January. 4. Delete last sentence as it is a Charter provision. (2) 1. If go to once per week meefiings no longer have Worksession and delete this rule. 2. Determine whether or not public input will be allowed at Worksessions. 3. Provide that only items on the Worksession agenda will be discussed at the Worksession items not on the agenda may be brought up by the Commission or Staff at the end of the Worksession asking they be scheduled for subsequent Worksessions and/or meetings. (3) 1 . Delete last sentence. (4� 1. Delete "night meeting or special night" from 1 st sentence. 2. Establish ending time for day tirne meetin�s. 3. Consider establishing maximurn meeting lengths rather than set times. revised 1-22-96 necessary to discuss and act upon any of the remaining items of business on the agenda as the rnembers may agree. Uncompleted �genda items shall be automatically postponed to the next regular meeting and included on the appropriate agenda unless such items are placed upon the agenda of a later reg�lar meeting or a special meeting, as a rnajority of the rnernbers in attendance may agree. Notwithstanding the foregoing, the setting of ineeting dates, the scheduling of uncompleted agenda items for a regular or special meeting, and a mation to adjourn shall be in order regardless of the tirne of night. (5) Four (4) "town" meetings shall be scheduled during the year, excluding June, July, August and December. They will be scheduled at City-owned facilities throughout the corporate limits when possible. RU LE 6 The City Commission shall appoint all committees and advisory boards in accordance with the provisions of the administrative code. The City Clerk shall furnish each committee or advisory board with copies of all reso{utions or ordinances relating to the concerns of said cornrnittee or advisory board, which shall be delivered by the most economical method to the chairman of such committee or advisory board within four j4) days after the passage of the sarne, or as soon thereafter as possible. RULE 7 (rev. 6-20-85; 12-2-93; 1-31-941 No Commissioner shall vote in his or her official capacity on a rnatter in which cc�uios 4 (5} 1. Delete per previous City Commission direction. Issues/Options 1. Delete or make part of policies. Issues/Options 1. Delete as this is covered by State law. revised 1-22-96 that Commissioner has a direct or indirect personal or financial interest, or which inures to his or her special private gain, or to the specia! gain of any principal by whom the Commissioner is emp�oyed or otherwise retained. The Commissioner shall state at the public meeting the nature of his or her interest and within fifteen (15) days after the Commission meeting file with the City Clerk a Form 4 to describe the nature of his or her interest in the rnatter. The Form 4 shall be received by the City Clerk and incorporated into the rninutes of the meeting. A Commissioner shall abstain from voting on an item benefiting a specific agency if that member serves on the board of the agency, except when the Cornmissioner has been appointed b� the City Commission to serve on the board as a representative of the City. RULE S The City officials whose regular attendance shall be required during the sittings of the Commission shall be the City C{erk, City Manager and City Attorney or their substitutes; but all or any other officers of the City shali be bound to attend any meetings upon direction of the City Manager or by special request of any Cornrnissioner to the City Manager. RULE 9 No citizen, except tho�e determined to be out ofi order and subjeCt to rernoval by the Chief of Police, shall be excluded from any meeting of the Commission whether it be regularly scheduled or specially called. 2. If do not delete entire rule, delete last sentence as it is inconsistent with state law. Issues/Options 1. End rule after "or their substitutes." IssueslOptions 1, Delete, self evident. CCrules 5 rovised 1-22-96 RULE 10 trev. 2-20-86; 12-1-88; 12-17-92; 7-1-93; 12-2-93; 1-3-94; 9-15-94) (1 } The order of business for a regular night meeting shall ordinarily be: A. Special recognitions and awards. B. Minutes of previous meetings. C. Citizens to be heard regarding items not on agenda. (Limited to 10 speakers, each speaker being allowed a maximum of 3 rninutes. Speakers will be required to register with the City Clerk prior to the start of the rneeting. The City Commission rnay allow individuals not pre-registered with the City Clerk to speak if less than 10 individuals are pre-registered, and no more than 30 minutes have transpired. Such individuals will be limited to a maximum of 3 minutes each. Speakers will be caiied in the order in which they registered with the City Clerk.) D. Public hearings (not before 6:00 p.m.1 Legislative and adrninistrative matters: 1. Presentation of issues by City staff. 2. Statement of case by applicant or representative (5 minutes). 3. Cornrnission questions. 4. Cornrnents in support and comrnents in opposition, whether as an individual or as a spokesperson for a group (3 rnin�tes�. 5. Comrnission questions. 6. Final rebuttal by applicant or representative (5 minutes). 7. Commission motion to determine disposition, CCrules 6 Issues/Option� (1) 1. Delete "night" 2. Add Invocation and Pledge prior to Special recognitions and awards. 3. Delete all but 3 minutes per speakers after 1 st sentence in C. 4. Time of public hearings in D may change if ineeting start time changes. ravised 1-22-96 _. Variance appiications: 1. Staff states its recornrnendation and briefiy summarizes its reason� for the recommendation (2 minutesl. 2. Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes). 3. Staff presents further evidence. May be cross-examined 10 minutes). 4. Public comment (3 minufies per speaker) . 5. City Comrriission discussion, and may question any witness. 6. Applicant rnay call witnesses in rebuttal (5 minutes). '7. Concl�.ision by appticant (3 minutes) . 8. Decision. All tirne limits may be extended upon request, and upon approval of request by rnajority of City Commission. E. Special items of widespread public interest. F. Citizens to be heard rega�ding items not on agenda (3 minutes per speaker). G. City Manager reports. H. City Attorney reporfis. I. Comrnission Discussion Items. J. Other Cornrnission action. 5. Change title of �rariances applications in D to quasi-judicial hearings. 6. Consider setting special rneetings for quasi-judicial hearings. 7. Delete F. (2i The order of business for a 12) 1. Delete all of (2). regular daytime meeting shall ordinarily be: A, Special recognitions and awards. B. Minutes of previous meetings. C. Presentations (no more than one, CCrules 7 rovisod 1-22�98 or a total of 30 rni nutes for all presenfiations, except as the Comrnission rnay otherwise agree). D. Citizens to be heard regarding items not on agenda (3 minutes per speaker) . E. City Manager reports. F. City Attorney reports. G. Commission Discussion Items. H. Other Commission action. (3� Persons speaking before the City Cornrnission at times other than public hearings shall b� limited to three minutes per speaker. No person shall speak more than once on the same subject at the same rneeting unless granted permission by the City Cornrnission. When time limits are set for speakers, unused tirne cannot be passed from one speaker to another. RULE 11 (rev. 12-2-93) Any rnember of the Commission who voted with the prevailing side may move a reconsideration of any action of the whole Commission provided that the rnotion be made at the same meeting at which the action was taken. A motion to reconsider shall be in order at any time (during the rneeting at which the action was taken) except when a motion on some other subject is pending. No rnotion to recor�sider shall be made mcare than once on any subject or matter at the same meeting. Commission action rnay be rescinded by a majority vote. The motion rnay be made by any ccruies 8 Issues/Options 1. Separate reconsideration from rescinding. revised 1-22-96 H: , Commissioner. RULE 12 (rev. 12-2-93; 8-15-94; 10-5-95) (A) The �ity Manager, City Attorney, or any Commissioner may agenda an item. Any citizen may request a Commissioner to agenda an item, even though staff has assured petitioner that adverse action may result. The Chair cannot depart from the prescribed agenda but the Commission may do so by a majority vote or by consensus in response to a suggestion from the Chair. Continuance may be granted by a majority vote of the Commission upon the motion of any Commissioner. The public will be allowed to speak on an item to be continu�d if that item is an advertised public hearing, but no other action shall be taken. (6) Any expenditure of funds requiring commission action must be on the agenda, with appropriate support material. No action may be taken on expenditures not on the agenda unless the Commission determines by the affirmative vote of a majority plus one to permit action to be taken. (C) Not withstanding, any other Rule to the contrary, section (B) of Rule 12 may be waived or changed only upon the affirmative �.�ote of a majority plus one. RULE 13 (rev. 12-2-93) Any member of the Commission making a rnotion or second shall address the Chairman and await recognition before speaking. The Chair must recognize any person who seeks the floor while entitled to it. The person making the CCrules ti� issues/Options Issues/Options revised 1-22-96 � motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same rnotion as long as any other member who has not spoken on the issue desires the floor. When a rnotion is made and seconded, it shall be stated by the Chairman before any debate shall be in order. Upon presentation of agenda iterns, members may ask questions and request additional information prior to making motions. For a mernber to discuss a matter while no motion is pending requires perrnission frorn the Comrnission. Motions and any arnendrnents can be withdrawn or modified by the maker at any tirne prior to the Chair stating the question on the motion; after that time, the permission of the Commission majority must be obtained. The Chair cannot close debate as long as any member who has not exhausted his right to debate desires the floor. A tie vote shall constitute a continuance of the item to the next regularly scheduled meeting, but upon a tie vote on the same item at the next meeting, the item shall not be rescheduled except upon the request of the City Manager, the City Attorney, or a Commissioner. RULE 14 (rev. 12-2-93� The following rnotions are not debatable: To a�ljourn; To lay on the table; To take frorn the table. CCrules 10 Issues/Options rovisod 1-22-9G ': � RULE 15 (rev. 12-2-93) The Commission shall, at the direction of the Chair, take a ten minute break approximately every two hours, and may recess for meals, if the mernbers of the City Commission agree by their vote. Any Commissioner may make a motion for a recess for an appropriate reason. RULE 16 (rev. 6-20-85; 12-2-93) All material prepared by the City Manager and the City Attorney for the Commission shall be provided to the press and to the public via a special box in the City Clerk's Departrnent. Reports shall be made available in the Clerk's Department for the public to review. RULE 17 (rev. 6-20-85; 5-1-86; 4-20-89; 12-2-93) All mail to the Mayor-Commissioner and the Commissioners arriving at City Hall received pursuant to the law or in connection with the transaction of official business by the City of Clearwater shall be copied as follows: A. Each Commission member will receive the original of items addressed to them whether anonymous or not. Copies of everything will be made for all Commissioners, the City Clerk's Department, the Legal Department, the citizens' file, and the press fife. Maif will be delivered each working day. B. Other anonymous letters and suggestions will not be distributed. CCrules 11 Issues/Options 1. Delete time limitations of ten minutes. Issues/Options 1. Delete from rules and make part of policies. Issues/Options 1. Delete from rules and make part of policies. 2. When made part of policies allow for faxing of material and less frequent actual c�elivery of mai{. 3. Delete requirement that copies of everything be made for ali Commissioners. 4. Delete citizens' & press files - retitle to one public information file. ravised 1-22-96 C. Publications and lengthy agenda materials for other boa�ds upon which the Commissioners serve will not be copied. Only the agendas will be circulated. Items of considerable length lsuch as petitions) will not be copied, but instead a memo will be distributed announcing the ava;lability of the item in the office. D. Mail with the words similar to "Personal", "Confidential", or "For the Addressee Only" will be delivered unopened to the addressee. E. The Mayor-Commissioner and Comrnissioners receiving individually addressed mail wil! be responsible for replying, asking the City Manager or City Attorney to repfy, or piacing the matter on the agenda for formal Comrnission consideration. F. The City Manager wili be responsible for seeing that mail addressed to the Commission as a whole is properly answered or placed on the agenda. G. Copies of responses shall be distributed to the City Commission. H. The City Manager will discuss with the Mayor malicious mail. {. When a Commissioner serves on a board as the City Commission's representative, that Commissioner shall keep the City Commission �nd the City M�nager informed of the board's activities by providing periodic written or oral reports as the Commissioner deems appropriate. CCrules � � 2 5. Based on direction for above - delete G? �evised 1-22-96 RULE 18 (new 12-2-93) Except as provided herein, or as may be required by Florida law or the City Charter, the rules of the City Commission for the conduct of its business shall be as provided in the most recent edition of Robert's Rules of Order. RULE 19 (new 4-21-94) Whenever the Mayor-Comrnissioner will be out of town on a trip requiring an overnight stay for one or more nights, the Mayor-Commissioner shall provide notice to the Vice-Mayor. Rule 20 (new 2-2-95) Pursuant to Charter section 2.05, "the vice-mayor shail act as mayor- cornrnissioner during the absence or inability of the mayor-comrnissioner to perforrn the duties of the office of the mayor." For the purpose of that section, the rnayor-commissioner shall be considered absent if there are duties of the office which must be perforrned and the rnayor-commissioner is not present and able to perforrn thern. Rule 2'1 (new 2-2-951 Pursuant to Charter section 2.47�b11, a cornrnission rnember shali forfeit �ffice under certain conditions, one of which is failure to attend a specified number of "consecutive regular meetings of the cornrnission, �unless such absence is excused by the commission." An absence shall be considered excused Issues/Options IssueslOptions 1. Add City Manager to notification. tssues/Options IssueslOptions CCrules 13 rovised 1-22-96 when advance notice is given by a commission member that the commission member will not be present at a meeting, or in the event of emergency which precludes advance notice. Rule 22 (new 2-2-95) Each year the City Commission shall meet in a strategic planning session(s) to develop a five-year strategic plan which will include a three-year financial forecast presented by the City Manager and will be the beginning of the budget process for the next fiscal year. Issues/Options CCrules � 4 revised 1-22-96 COMMISSION RULES RESOLUTIONS Resolution No. Date Adopted 77-44 5-12-77 77-129 1 1-23-77 78-65 6-01-78 80-62 5-15-80 80-101 9-19-80 80-118 1 1-06-80 81-32 4-16-81 81-92 8-�06-81 82-33 4-01-82 82-36 4-15-82 82-115 12-1 6-82 82-119 12-16-82 83-42 4-07-83 83-75 7-07-83 85-47 6-20-85 86-18 2-20-8 6 86-30 5-01-86 88-61 12-01-88 89-21 4-20-89 92-79 12-17-92 93-04 1-07-93 93-44 7-01-93 93-45 7-01-93 93-75 12-02-93 94-8 1-03-94 94-16 1-31-94 94-31 4-21-94 94-67 8-15-94 94-74 9-15-94 95-16 2-02-95 95-35 3-16-95 95-77 10-05-95 96-1 1 1-18-96 CCrules 15 �. �evisQd 1-22-96 i . Cr%�i �D,.� A�s/SS/'o�.. � 3 y� Y o �UG S crrY aF cLE�wAZ� Interdepartmental Correspondence TO: Betty Deptula, City Manager , FROM: Denise A. Wilson, Assistant to City Manager/Office SUBJECT• DATE: Cornmission Policy on Awards April 5, 1996 As promised, I have checked with other citiesJcounty regarding their poGcy on Mayor/Cornrnission departing awards. For your review, I will list the gifts given by other cities: Dunedin - No fonrnal policy - A plaque is presented as well as Department Heads donate fiunds for a special gift, i.e. usually is a trip of their choice. The last several personal gifts have been a trip to Toronto for Blue Jays games or personal visit to family. Lacgo - P10 formal policy - Their city tal,es a portrait of the Mayor/Commission when they are installed which hangs in the City Hall lobby. At the departing time, the staff reframes the portrait picture with small plague with service y�ars number attached and name plate. If the departing person has served several times, the Commission has taken him/her to dinner at city expense. Pfnetlas County - No fo�teal policy - Plaque and name plates. On special occasions, they did present a rnande �lock fvr desk. Pinellas Park - A small reception at the swearing-in/swearing-out of Commission, i.e. cake and coffee. A week later they are then invited back to City Hall for presentation of a plaque and name plate. Safety IIarbor - A personal gift is presented. The last gift was a framed picture of the new Library building. They also receive a plaque and name plate. Tarpon Springs - Resolution which provides a disdnguished service citation and encased city se�al medal in jade crystal. I would like to offer the following changes in the Commission policy: 0 1. Curnendy the Commission policy states th�ree full terms. This needs to be change� to two full terms because of the recent Charter change. � 2. Less than onQ fut� term: 3. C� F� � Plaque Name Plate Letter i t �� �: ,k.�G,II. Plaque Name Plate L,ctter Pewter Tray with Seal Commission Fictures Two fuU terms (6 ,vears): � Plaque � Name Plate Letter Fa�c Maclaine or City watch Commission Pictures � Plaque Narne Plate Letter Gag Gift Caricature v'v Plaque Name Plate Letter Ring Gag Gift Caricature � Plaque Name Plate Letter Ring Collage Gag Gift Caricature �ervice from Commissioner to Mavor or visa veisa: � Plaque Name Plate Letter Cvmmission Fictures Personal Gift (value of no more than $400) i.e. framed picture, jewelry, airline ticket(s), display case or gift certificate of personal choice. ]E�E�TO'�VATY�N C4}NS1�ER..A.TIONS CITY HALL BUILDIN�, 112 S. OS�EOLA AVE. �_� ' c _f This package contains scaled-down drawings of the City Hall building. A full-sized set of drawings will be available at the Monday meeting and are easier to read. Your attention is particularly directed toward the 3rd floor plan showing what is envisioned for the Mayor and Commission. The plan ca11s for the Mayor's office to remain as is, the small office irnrnediately west of the Mayor's office, currently occupied by the Tourism Dire�tor, to be the Commission file roam, and the office currently occupiezi by the Assistant City Manager, Bill Baker, to become a Commission office. Another scherne might be to equally divide the Tourisrn and Assistant City Manager offices into two Commission offices, each shared by two Cornrnissioners. The forrner Comrnission had indicated no desire for a separate, private office for each Commission. It would be difficult to arnend this layout to provide four separate Commission offices, This can be done, however. We need your direction concerning that qiiesdon, as well as any comment regarding all floor plans. - �o.�t Estimaig This is a cost estirnate prepare,ci by our cost consultants and is a valuable tool as an indicator of probable costs. It has been prepared, however, at the 50 % design stage and will hold true only to the extent the actual design parallels the design assumptions. Points for your consideration are as follows: * While this esdmate included all new carpet and all new paint finishes, it does not include replacing drapes with window blinds or new ceiling tiles (some are yellowed on lower floors) . * We would like to remove the seating from the Commission Chamber and install new rnoveable, linkable seats which wouid allow an easy re-orientadon of the room and its use for other funcdons or Commission functions held in different formats. * We would like to remove the Commission Chamber drapes, install blinds, upgrade lighting, re-hang the TV rnonitors and upgrade wall finishes. While we wi11 be unable, on Monday, to provide a cost for each of these situations, it will still be helpf�l to know your thoughts concerning the desirability of such items. April 5, 1996 Clearwater City Services Center City �Iall Renovation Construction Cost Summary 7 March 1996 Donnell Consultants Incorporated Pnge Na. 7 0 Clearwater City Services Center City Hall Renovation Clearwater, Ftorida Detailed Estirnate - Ezisting Building Renovation 7 March 1996 0 Donnell Consultants Inco�-porated 0 i ' • ;, Clea rwater �ity Services Center City FIail Reuovatioa Existing Building Renovation :r 1'•t. • �». ' : . � . �'�l' ' �':�f��'ti.1'yY'vr.:i/t%. �.+.�L• "h'. 2' - ''K` .�p? . •l� � ��,',� � -,•�. . 1' ' • �����L.s�" r�:-,"'4''"'• . y� � � � . `, , �♦ .. , .}�. �,'�-.�� � ��:! �1 :f �,��n 4"�} `�,7r n.. � ^�`•'-�1' - „ ��" . � . ... r . .. •? � ^! Xi^'�.`!1� ./� �. 1.� � 4' j . �, a •�1 ' Demotition Barricades comprising gypsum wallboard one side of inetal studs at 2'0" o.c., sound batt insulation and visqueen other side in various locatioas Premium to the above for access doors with locks �Cut opening in existing exterior wall comprising block clad with 1" x 4" marble wall tiles and install 3'0" x 7'0" hollow metal door in hollow rnetal frame including hardware and finish Ditto in existing metal stud interior partition and insta113'0" x 7'0" hollow metal door in hallow metal frazne including hardware aad finish Demolish composite glazed/stud wall and replace with two layers 5/$" fire rated type x gypsum wallboard on both sides of 3-5/8" metal studs at 16' o.c., including 3" sound attenuation batt Ditto with one layer gypsum wallboard on both sides of 3-5/8" metal studs Demolish and dispose of 3-5/S" metal stud partitions in vaxious locations � Demolish and dispose of block walls Demolish a.nd dispose of alurninum storefront Demolish and dispose of raised floor and patch existi.ng floor Donnell Consultants Incorpor�ted 750 sf . �. �i �. � .� 200 sf 200 sf 4,650 sf 400 sf 200 sf 25 sf 2.50 100.00 2,500.00 700.00 . �� 5.00 1.50 5.00 1.50 5.00 7 March 1996 1,900 .�� 5,000 1,400 ; � � � ; 1,200 � � ; 1,000 � 7,000 2,000 300 100 Renovation: 1 . � Clearwater City Services �Center City Hall Renovation Eziating Building Renovation 7 March 1996 .��. . �.r�7r � .�..v�-. , •. , � e.��1�.1: '' • '• ''� .�;t.' '.".1 e : �,.� :,,; Q � �" . . .._ _ - �. � ��, ,It m: ,�: . _ - . _ . _ �� . . . i . uanti�t�;''` ;�. Rate;�- -;��imonat , . y •: . .. . . . . . . ; . . . , : Demolition (Cont'd) Modify existing storefront partition overall size 10'0" x 10'0" to include new double door in lieu of single Take down existing storefront partition overall size 10'0" x 10'0" and re-erect in different location Take down and dispose single wood door and frame Ditto double alurninum do�r and frame Remove and dispose of existing alucninum storefront partition overall size 10'0" x 10'0" with single door and frame Take down single wood door, reset hardware and rehang in existing frame Block up existing 3'0" x 7'0" door openings i.n various Iocations with S/8" gypsum wallboard on both sides of 3-5/�" metal studs Remove and dispose of banicades Dumpsters and removals sum sum 32 lvs 1 pr sum 4 lvs 13 no 750 sf allowance 30.00 50.00 75.00 350.00 0.50 2,500 100 1,000 100 200 300 4,600 400 2,000 Donnell Consultants Incorporated Renovation: 2 Cle�rwater City Services Ceater City Hall Renovation EZisting Building Renovation +' ' . �a-v. 1•. •• /,�, '.•T� Q'��1"iy'�•.i iy'�si'��i� :r '�.��il"n�1C+�=��a�i.•. ♦ : - . . (, � . . , . � . ���� `�''�i�i�ili. ��� ' +� ` - • �.� • Y.�'��`- . ' _ �s�. , . ' - - %'w•. '.`! �2:• �r . . . .. . .. .. . , ,,';�: .-a`�.�t�r.i..�..�',.,�;!', ... "'- �`a`�'tfi' Fixed partih'ons 1/2" gypsum wallboard on both sides of 3-5/S" m�tal studs at 16" o.c, in various locations � Two layers of 5/8" fire rated type x gypsum wallboard on both sides of 3•5/8" metal studs at 16" o.c., including 3" sound attenuation batt Clear anodized alurninum storefront with exposed metal framing and clear glazing Ditto at high level Patch existing walls exposed by demoliti�n Int`erior doors Solid core wood doors in hollow metal frames, i.ncluding transparent finish on rotary cut birch veneer, leaf size 3'0' x 7'0": - single - single to closet Ditto 3'0" x 3'0": - "dutch daor" to reception booth Prenuum for B label fire doors Clear anodized aluminum frarned solid glass doors, i.ncluding hardware, leaf size 3'0" x 7'0" : - double IDonnell Consultants Incoa-porated 7 March 1996 r ,,L•• .• 1.-�.�;. -- ,,,t.'v+.:'+: :f`,�i+�'°I'��'r►'!Jt?`r'�t: `► .i . �.��♦ /�i'�'`� /..� '' ' i .'l�:�tii�R<ei��'t �� � �L11i10��1►-. !'.':I •:t:•�,�"';�L-+.:'7C'S•;'�`'+� i��y�`i.=�-`."�'�'.y'r 1,800 sf 1,750 sf 450 sf 80 sf allowance 17 lvs 1 lvs ic � � 5.00 20.00 25.00 ��� �� •�� �� 1 lv 550.00 5 lvs 50.00 2 pr � 1,000.00 5,400 ::�� ' 111 2,000 2,500 6,800 400 ��� 300 2,000 Reaovation: 3 ;� � ' Clearwater City Services Center City Hatl Renovation Existing Building Renovation 7 March 1996 . • " . . ' � • .� ~, i�Q.i�i � � `' ' L,_ ' • • ` • � �y �•"�Y" ,� �sw � e yr�•�• '• �� '�r*��' � ��'� �� r . • . .. �-�, _. w� _" � ... • � � �i�A��.R !,.•�r' �Q� O��r'' \.� w�p� "�" Q»A�'Ai . ... � , n ��, r.,�'FM� � w1'.r �!�Y �su —. —_-- —__ __--__. __ . �•ry`•�r:�'ri. Interior doors (Cont'd) Finish hardware: - wood - premium for panic hardware - prerruum for master key system Floor finishes Strip existing caipet and lay new looped nylon carpet glued to prepared concrete floor Strip existing vinyl composition rile and lay new vinyl compostion tile to prepared concrete floor Vinyl base 19 lvs 5 lvs allowance 16,050 sf 3,650 sf 4,750 lf 225.00 250.00 4,300 1,300 excluded 2. 5 0 40,100 2.00 7,300 1.20 5,700 !a Ceiling finishes Realove existing acoustical lay-i.n panel Geiling, and replace with new, size 2'6" x 5'0", painted fissured texture finish, in exposed metal susp�nsion system Ditto to pa►ching work Remove existing acoustical lay-in panel ceiling, and replace with new two hour fire rated, size 2'6" x 5'0", painte.d fissured texture finish, in exposed metal suspension system Suspended drywall painted finish Ditto but two hour fire rated 960 sf 700 sf 510 sf 240 sf 150 sf - �� � �� 4.50 3.50 � �� 3,800 2,800 2,300 800 .�� Uo�nell Consultants Incorporated �tenovatioa: 4 Clearwater City Services Center City Hall Renovation Existing Building Renovation 7 March 1996 . • ... -� • ' ' ' l�{r�. � — r.. `.::�: . �,�'". — '".�.. �''. , . ' �4.+��•nL �. L� -- � '( r, 7A.`�r• �.. Q� .`•�r'1(;�� � }nJ'V 'i..�il:''3�1. �' . � • � l. ' • - � . . "f' .' , n � . . 1 y . r'�,i: .;CQY�i.�l�{7L��'Q�'` �J • �.Yi��r/'.�� i ���a`♦ �YO�� ' i , • , � f� ;� tT.t —. . -.. . . l � p �Z7'�/' � �. �In �. � ✓4 • . �� . Ceili�g finuhes (Cont'd) Paint: - existing acoustical lay-in panel ceiling - existing gypsum plaster Wall fsnishes Paint: - existing gyp/block walls - new gyp/block walls Clean existing marble tiling Vamish existing wood panelling Fittings a�d fixtures Restroorn casework and accessories: - i.nclined mirror - grab bars • paper towel dispeaser - waste recepricle - sanitory napki.n disposal unit - soap dispenser - toliet tissue dispenser, double roll Reception counter Misceilaneous casework Rough carpentry Miscellaneous signage and graphics 21,250 sf 2,450 sf 52,OU0 sf 3,554 sf 1,500 sf 3,950 sf 1 no 1 set 1 no 1 no 1 no 1 no l no allowance allowance allowance allowa.nce 0.40 8,500 0.50 1,200 0.45 23,400 0.35 1,200 excluded excluded 200.00 400.00 50.00 ?00.00 100.00 75.00 50.00 100 400 200 100 100 100 100 8,000 1,000 � 1,000 2,000 Donnel! Consultants Incorporated Renovation: 5 � � , � a , � Clearwater City Services Center City Hali Renovation Existing Building Renovation 7 March 1996 Donnell C'onsu[tants Incorp�rated Renovation: 6 ���.., �learwater City Services Center �ity Hall Renovation Clearwater, Florida Detailed Estimate - Stair 'Tower 7 March 1996 I)onnell Consultants Incorporated � ; � � ; f � Clearwater City Services Center City Hall Renovation Stair Tower .�. , vn;` �'; ,j,�►;,Cy �rv�.?-;•�t�.'. r•�...�•�.f�,'�` ^��',�'!'� t'�."!M'�'rfl���•�t'r� _ � - ' . � : �. ~ } � . i�►`'.•l�Q� : v[' �. .i' �,%�ii�'r,,.,r��=�t �!.•Zt` �: . _ i.= � . •�' �!;�'�' J:"'-.e''.^l.�t�,�..�� : i��..�i h�i n' �'�►' i :� � ' Sitewark Barricades/safety fencing around exterior perimeter of new stair and elevated walkway Concrete pavin� to new sidewalks Resod lawn to disturbed areas Dernolition Cut, remove and dispose of precast wall at level three to new walkway including shoring/bracing Foundation Excavate, backfill and cornpact for mat Concrete mat, 3000 psi Formwork for foundation mat Rebar, #7 - 12" ocew top and bottom S[ab on gra�le Concrete, 3000 psi, 4" thick Vapor barrier 6 x 6 W 1,4 x W 1.4 weided wire fabric Rebar, #4 -12" oc Donoell Consultant� Incorporatcd 100 lf 50 sf 500 sf 30 sf SO cy 3U cy 170 sf 2 tn 200 sf 200 sf 200 sf 0.2 tn 10.00 3.00 0.50 50.00 9.50 80.00 3.50 850.00 2.50 0,25 1.50 850.00 7 March 1996 1,000 200 300 1,500 S00 2,400 600 �,900 500 100 300 200 Stair Tawer: 1 � Clearwater City Services Cen�er City Hall Renovstion � Stair Tower :t.� �.:t1;'Si�. �y�, r� i i�;'a+'x r °s�� �! !�4"s�7'���i.��'1� �" .� , , . �.. +� • :.: r � .i : LC�P1f C�'..t��+- ,y���•��y(�� �/�� � . w''. fJ'?�".t`�1,."i'�. � �' d� � 'yr%11:T�r���.-���,���f -�� �Si+.7A�. .2, 't Framed structure Stair tower: - roof slab: - 8" thick concrete slab - rebar, #5 - 12" ocew top and bottorn - 17" x 18" concrete beam - formwork - floor slab at third level landing: - b" thick concrete slab - formwork - rebar, #5 - 12" ocew top and bottorn Pedestrian bridge: - roof slab: - 1-1 /2" deep, 22 ga., metal deck with 2-1 /2" normal wei ght concrete topping and 6 x 6, W 1.4 x W 1.4 welded wire fabric - floor slab: - 4" deep metal deck with 2-1/2" aormal weig,ht concrete topping and 6 x 6, W1.4 x W1.4 welded wire fabric Shvctural steel Roof ' 4 ply built up finish including counterflashings, flashi.ngs � and coping Roof drain Overflow scuppers Donnell Consultants Incorporatcd 5 cy 0.4 tn 20 lf 370 sf 2 cy 160 sf 0.2 tn 100.00 850.00 50.00 4.00 100.00 4.00 850.00 90 sf 4.00 90 sf 8.00 1.5 m 2,000.00 200 sf 1 no 4 no 8.00 500.00 200.00 7 Mar�61996 _r_____ �C'r',�.�,,,.',.�.:� ',�.. / �c�t�rW'�[+y►a.� 500 300 1,000 1,500 200 600 200 •�� 700 3,000 1,600 500 800 Stair'�ower: 2 Clearwate� City Services Ceater City Hall Renovation Stair Tower - . � .. ., • . . . . �, ,.. rr�� �•� � +r;�j. v_ :+`i�•r+� .,;i _4'1'�"_ - . � � . � . Y�1� �',f;:% :�ia�i�.• ..�"� � � ..(w' - � . . . • ' . ..- ,_ . +�•w� •�. ..n•�.y��r'�.}► f --•+-, • . � � Wa!!s above grode Stcrir tower: - cast in place concrete walls, 8" thick - formwork - premium to frame for third Ievel openings, size 2'6" x 7'0" - rebar, #4 - 12' ocew each face - additional rebar at column locations ta stair tower - premiurn for 2" horizontal reveal detailing - premium for 3/4" horizontal reveal detailing - patch to existing wall at third level opening i.ncluding additional reinforcing steel Pedestrian bridge: - perforated metal panels with paint fuush Doors Exterior: Hollow metal door and fxame, with paint finish, size 3'0" x T0" Finish hardware inclusive of panic devices Interior: Hollow rnetal door and frame, with pai.nt finish, size 3'0" x 7'0" Finish hardware inclusive of panic devices Doonetl Consultant.s Incorporated 2,600 sf 5,400 sf 7 no 6 tn 3 tn 120 lf 30o tf i• 300 sf 7 Marct� 1996 ;; ��,�,�1�a� -- .3 :� �,�ennni� 3.00 6.00 100.00 1,000.00 1,000.00 4.00 Z.00 : 1 1, 1 lv 450.00 1 lv 750.00 2 lv 450.00 2 lv 750.00 7,800 32,400 700 6,200 3,OQ0 500 600 2,000 5,400 500 800 ��� 1,500 Sts�ir Tower. 3 ;� . t Ctearwater City Servi�es Ceater City Halt Renovatioa Stair Tower � Marc6 1996 Donncll Consultants Incorporated Stair Tower: 4 �� e � � , :� ��� �� Q � ����.�� t! c�� 11 V/1 t�) t 1_�� -, � d 1{ 11 I�+) E � .��s ��� ��������� �`� ��� � ���� R ..... 0 0 0 � ; �-,00� ; .Z/t l•.Ol j .0•AZ � A•.Oi j A••OZ � i � - I I �� i � � � I� � •�---► I I .S{ I 1 � I O-- --- --- - - --- - �._+-- -- - - -._.+-. _ _._. _ _ 0 � � ,� � � �� `ti�� �y �.___.... _- —._. 6 f� � • s ��� � 1110 � �• � m�ii � iu�a ���� !!��l�M� ��wM�M� !��/ - � � � � Q � �� � — � � � ' �� OJ . ~ . , � � ::� t a � O� ..: a, v - a : p - � ♦ •[�J � ' •� I � � .. � °�` � � 0 R [I] d—R� � r �n � 8 ��� J' •� .;;, u - � `� �� � • � � ' �� �IIS• : �j r ' u i ���iiiiiii _.: i `� N� Q A A 4 � - � �.� �i� II 1 �+ �� 1 � ' ' I� O 4M /1 4 {Y w _ � �1111111 � �T � - � ��r� � 1 � � �—n �` ` � ' �.�� ��T' ��,�i:Y' � - � 0 � �J�N� #„ � r,, „ ,� � , - � . � i � ' i �� . ■ ' . � O � A p 3 � W, � - � � 8 0 � _ ' � ' :. � = � � p w � � � i � � i= � n C� u � �i �� �� : �N �� :6� � � �� 4�� . � � � •!!R di �! '�F �` � �i �� � � � Q� �i Q� ;� � , 3 ��s ����� ���� . rr ♦ r��.� i i v n c�> r i�!:� �-� v H� i»> � .�,n t•.Ot i A••OL O O � .E'.00I � � A•.0� { i i \I .0•AZ i .dA l•A� _ � zli� l{ I l i �A ���� i� ��� III j ! j I I i .. i I I ' I i Q---� •-- -�--__._�._i ___�.___.� -�----_._.�_ ----.�_ ___ o I . � - i � �'r_ ---• ^---'' --= i ---1'. ` '- � . � V ' . _ .' t �� ° . � -l.'�--•/ --- ; _ _I._ ..I- ;� ;� �1 ,� .. - �! , , ,� � � + � �� � i � i a �� 1 � i ,l � i ; . i . � � o • i i i i i� N .. � � � � _'." I a-- — — ;; --------�_---.._-__-�:-_ _--- ._---c� �----.._-.- � ---=�--- I � - b � , i � .� �I i ; i " ! � � e - c � i _a ; t -� �� ��' �� -�-a �: _ - p-- — - -- ; ; --_._._.__� �a --- � ---�-- � ;F � �� . . i o �� � � � � -.._-, �� N �; i ` � � � `� . ,. �; . I' r � �' j e � O..� �+ 4 _.(�_ 0--- - --�--._ _._-. ,�,, --�_ -._ i� ! � ^ + ; � ! -w.:�,..� i � I m -° � b 'J 1' ' � �I � � � � N 'I � �I �I 7 O-- - ---i-+- ^--- --�-�- -�_ . _ --- --- ---�-----._.-..J_..:-- �� �� ( I I I iI' ,. �,, b i i �'. ! I i i �; � � , :.. N � � i � �1 i � ,. :i � I ! � I ' . �o -- �, ----�--- ` -- -- � --- ---Q---- -_--' r.._..�.« .1:-- - -•.. _ �— � , . `i �I' �I y �_: � :� ; i r , a � ; + � .� , � ; _ __' ;j ;; � � 6i , � �; � I O-- - ----�-i ----.'. � i i �_�.-- -{�----._.__.t'�__ I § ;� � l D ,.� 1 Ip � � �I i{ � � � � !� I 1 I ��r � _ — - - _ —_— —_ � -- ii � �� � `� � Q-- - -----�-------- � - _b. . -�-- +�- 1 � �'. � I . —�t i _� �' �— � , N ;� i $ I i � �` i i � �! I � I I .. � � �-- --- _._�! _. . ___- � ---.—__ _..__---�--------�--_____:!_-- „� �' �' � ► '� :; -- , � � �l I � � ; � � �, � ,� � i , i ; � N � ; �- -.a � ' ;r��- --.-;, ; , �... . � ...::..,: � '� .. .. ...... .. ...... � ....... . .. .� ��,� �� � ! . ; . . . ! ......... � � � � , � � � i � ; � � � ; u \I ;. ;1 , �� : � � , e� �� �� � � �t� . ��.�. te 1` f � R� (� � ���� ���g . ... � . g Q---- b il � \l `J \J Y � \.J o--- r�c•����nc•�r���;:i -'"dH .11f»� o Q Q . . ; � g��;l{III �` ���' �� i ��� 111 � �� I E � ! � a .,r��r3 �aei"� ? t .��� � r �a.F,',.,7.r.,_z*..,...N , i.... . .,. � ..5.,.. a. ..�. rt..,�.�..�. .... ....�...,t,gr.:� :_.,.. r,, .. .w..... ...P...... . .. .. . , ,.� {.. . , ... ..r. _ ..a:.�. ..�.. . .:h.-.�- � ,-c-��� � :.-� », , .,. w ... _ ,_�.__._ .,, , r-,, . — �--...r� — .. _....� .. . . �. ._ . . . . _ . . - --. . . .. ... . ..._ . . . _ � . .. � . . .. , , .. . . , . . � . . .. .. . . . . . . , . . . � _ . . , . _ _� ��� . . . _ � ..