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05/03/2010 WORK SESSION AGENDA Council Chambers - City Hall 5/3/2010 - 9:00 AM 1. Gas System 1.1Increase Standard Purchase Order ST106364 to Jones Edmunds in the amount of $48,000, to scan and digitize an additional 2,200 micro-filmed service line cards, and authorize the appropriate officials to execute same. (consent) Attachments 2. Human Resources 2.1Approve the agreement between the City and CareATC for the administration of a facility to provide onsite medical and prescription drug services under a fixed cost pricing arrangement at a total cost not to exceed $750,000 for the remainder of fiscal year 2009/2010, and $1 million each year in succeeding years, and establish project 181-99862 (Employee Health Clinic) in the amount of $1.75 million from Central Insurance Fund reserves to fund the remainder of Fiscal Year 2010 and all of Fiscal Year 2011 estimated costs, and authorize the appropriate officials to execute same. (consent) Attachments 2.2Approve offering retirement incentives to eligible employees and authorize the appropriate officials to execute same. (consent) Attachments 3. Library 3.1Award a contract (Purchase Order) in the amount of $164,053.19 to Integrated Technology Group (ITG) for 9 ITG XpressCheck self check-out stations, including hardware, software, and 5 years of maintenance and support, establish project 316-94861, Library Technology, authorize lease purchase under the City's Master lease Purchase Agreement, and authorize the appropriate officials to execute same. (Consent) Attachments 4. Parks and Recreation 4.1Approve renewal of License Agreement from June 1, 2010 through May 31, 2013 with Emerald Coast Bungee, Inc., to provide entertainment concessions at Pier 60 Park, and authorize the appropriate officials to execute same. (consent) Attachments 4.2Approve renewal of License Agreement from June 1, 2010 through May 31, 2013 with Ultimate Bounce to provide entertainment concessions at Pier 60 Park, and authorize the appropriate officials to execute same. (consent) Attachments 4.3Approve co-sponsorship and waiver of requested City fees and service charges for Fiscal Year 2010-2011 special events including three annual City events (a reduction of one event); and seven City co-sponsored events; at an estimated General Fund gross cost of $441,370 ($19,300 representing cash contributions and $422,070 representing in-kind contributions) and Enterprise Fund cost and fee waiver of $71,220 for the purposes of departmental budget submittals. (consent) Attachments 4.4Approve a First Amendment to Agreement between the School Board of Pinellas County and the City of Clearwater providing the School Board assume all utility and other costs associated with the light poles and lights on the baseball fields at Countryside High School and authorize the appropriate officials to execute same. (consent) Attachments 4.5Approve Public Access License Agreement from West Central Florida Council, Inc., Boy Scouts of America providing a public access connection (corridor) between Soule Road Park and the Lake Chautauqua Equestrian and Nature Preserve; approve the First Amendment to License Agreement to Maintain Signage and Fence; authorize a Letter of No Objection to Pinellas County regarding the requested vacation by the West Central Florida Council, Inc., Boy Scouts of America of certain property, upon which said public access corridor is to be licensed and constructed, and authorize the appropriate officials to execute same. (consent) Attachments 5. Solid Waste/General Support Services 5.1Award a contract (Purchase Order) for $129,731.00 to Navistar, Inc. of Wesley Chapel, FL for one 2010 International 7600 12 yard Dump Truck in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) Attachments 6. Engineering 6.1Approve the engineering design services work order to Engineer of Record, McKim and Creed, in the amount of $228,332.00 for the Clearwater Harbor Reclaimed Water Project (10-0008-UT); and approve the Cooperative Funding Agreement (CFA) with the Southwest Florida Water Management District (SWFWMD) which provides reimbursement of project costs up to $165,305 for design and permitting and up to $936,720 for construction of the reclaim system, for a total reimbursement of $1,102,025, and authorize the appropriate officials to execute same. (consent) Attachments 6.2Approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD), which provides reimbursement of project costs up to $225,000, for the City of Clearwater Groundwater Replenishment Program, approve a work order to Leggette, Brashears and Graham (LBG) in the amount of $160,000 for hydrogeologic engineering services, approve a work order to Tetra Tech in the amount of $290,000 for professional engineering services, and authorize the appropriate officials to execute same. (consent) Attachments 7. Official Records and Legislative Services 7.1Reappoint Peggy Cutkomp as the Real Estate Professional in connection with affordable housing representative to the Neighborhood and Affordable Housing Advisory Board with the term to expire May 31, 2014. (consent) Attachments 7.2Appoint a member and reappoint Aubrey "Brooks" Hammac and Ray Shaw to the Parks and Recreation Board with terms to expire May 31, 2014. Attachments 8. Legal 8.1Authorize the City Attorney to hire William D. Brinton, RogersTowers, P.A., to review portions of the Community Development Code regarding signs, make recommendations as to any necessary amendments, and review recommendations of stakeholder groups, in the total amount not to exceed $10,000 and authorize the appropriate officials to execute same. (consent) Attachments 8.2Adopt Ordinance 8160-10 on second reading, annexing certain real property whose post office address is 1404 Seabreeze Street, together with the abutting right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.3Adopt Ordinance 8161-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1404 Seabreeze Street, together with the abutting right-of-way, upon annexation into the City of Clearwater, as Residential Low (RL). Attachments 8.4Adopt Ordinance 8162-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1404 Seabreeze Street, together with the abutting right-of-way, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.5Adopt Ordinance 8170-10 on second reading, vacating the 10-foot drainage and utility easement lying along the west side of the east property line of Lot 18, Countryside Tract 56, Unit 1. Attachments 9. City Manager Verbal Reports 9.1Changes made as result of Grove Street fire Attachments 10. Council Discussion Items 10.1Accessory Use - Cretekos Attachments 10.2Councilmember Offices Renovations - Jonson Attachments 10.3Election Date - Hibbard Attachments 11. Other Council Action 11.1Other Council Action Attachments 12. Closing Comments by Mayor 13. Adjourn 14. Presentation(s) for Council Meeting 14.1Building Safety Month Proclamation - Michael Delk Attachments 14.2Sportsmanship Awards Attachments 14.3Emergency Medical Services Week Proclamation - Chief Geer and Assistant Chief of EMS, JP Medani Attachments Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Increase Standard Purchase Order ST106364 to Jones Edmunds in the amount of $48,000, to scan and digitize an additional 2,200 micro-filmed service line cards, and authorize the appropriate officials to execute same. (consent) SUMMARY: Jones Edmunds, an engineer of record, provided a scope of service in March 2010 to scan and digitize micro-filmed service line cards into the existing GIS database at an estimated cost of $85,500. The quote was based on an estimated quantity of 5,500 micro-filmed cards. However, it was discovered an additional 2,200 cards exist, making a total count of 7,700 cards. These additional cards will increase the total amount of the project to $133,500. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:133,500 Annual Operating Cost: Not to Exceed:133,500 Total Cost:133,500 For Fiscal Year:10/1/2009 to 9/30/2010 Appropriation Code Amount Appropriation Comment 315-96382-530300-532- 000-0000 83,500Gas Inventory-Work Management System 181-99861-530300-532- 000-0000 50,000Federal Grant (Technical Assistance Grant) Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:None Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager ED 6) Clerk 7) City Manager 8) Clerk Cover Memo April 12, 2010 Mr. Brian Langille Operations Manager - Supply & Distribution Clearwater Gas System 400 N. Myrtle Ave Clearwater, FL 33755 Re: Scope of Service and Fee Proposal Clearwater Gas System Microfiche Gas Service Line Card Conversion to GIS – Phase II Dear Mr. Langille: Jones Edmunds and Associates, Inc. (Jones Edmunds) has prepared a scope of service and fee proposal for review and consideration for the conversion of the Clearwater Gas System (CGS) Microfiche Service Line Cards to GIS – Phase II. PROJECT BACKGROUND: Clearwater Gas System requested assistance in converting their gas distribution service lines to ArcGIS in support of CGS’s SPL implementation. The service lines are located on microfiches of hardcopy service cards. CGS has approximately 2200 additional microfiche service cards of existing customers that are not in the system. The service cards have maintenance records and other information about each line as well as a small sketch of the service lines. The service lines are drawn in different ways; some cards have dimensions allowing for relatively accurate digitization of the service line while others have been roughly sketched. SCOPE OF SERVICES: Jones Edmunds proposes the following tasks to complete the project: • Kickoff Meeting • Service Card Scanning and File Naming • Service Line Digitization and Attribution • Deliverables Meeting Each of these tasks is described in detail in the following subsections. Attachment number 1 Page 1 of 4 2 Task 1 - Project Kickoff Jones Edmunds will meet with CGS to discuss if Jones Edmunds should continue Phase II with same the methodology and logistics for the project. Task 2 - Service Card Scanning and File Naming Jones Edmunds will scan microfiche service cards and will name each scanned card preferably with a UMS number or, alternatively, with the service location address (cards before 1999). Naming each file with the documented UMS number (i.e. 8078433.pdf) for the cards will allow us to link to the actual record in the UMS database. The remaining files will be named with the premise or address (1550_Citrine_Trail.pdf). Task 3 - Utility Management System (UMS) Linking The City of Clearwater has a Utility Management System (UMS) which is used by the Customer Service Department to generate new service locations. The UMS maintains a UMS identification number which will give Jones Edmunds the database relationship between the microfiche service cards and their correct address in UMS. Jones Edmunds will link our service card file database with the associated records in UMS. This will be a straightforward relationship for the files named with UMS numbers. However, since all of the files were created before the UMS system came online the files will require database address matching. These address named files will require manual matching. Jones Edmunds will work with CGS to ensure that our service card file database matching procedures are successful. We will also work with CGS to ensure that any failed matches are resolved. Task 4 - Digitize Service Lines and Attribution The service lines will be digitized using the UMS service location file provided by CGS as well as physically locating cards using their address. The GIS analyst will digitize the service lines based on the sketch drawn on each card. We are aware that some sketches have dimensions and will be drawn to scale. Other drawings are roughly sketched and will be based on aerial photography. Accuracy will vary greatly and the digitization process will be documented in a field (i.e. cogo, aerial photo, etc.). There will be a number of scanned microfiche service cards that will not have sufficient information to be properly located within the CGS service area. We intend to track these problem cards and review them with CGS. The service lines will be snapped to the mains by setting up snapping tolerances in the geodatabase. Each service line will be attributed with the required attributes depending on the completeness of each service card. Attachment number 1 Page 2 of 4 3 The required attributes and field types/lengths are as follows: Field Type Length Units Domain UMS Location Number Numeric 10 Drawing Character 20 Completed By Character 20 Inspected By Character 20 Contractor Character 20 Leak Repair Date MM/DD/YYYY Original Installation Date MM/DD/YYYY Replacement Date MM/DD/YYYY Cut & Cap Date MM/DD/YYYY Reactivate Date MM/DD/YYYY Testing Pressure Numeric 3 PSI Test Time Numeric 2 Hrs Type Test Alphanumeric 20 Type of Test Gauge Alphanumeric 20 Passed Character 1 Y/N Operating Pressure Numeric 3 PSI Other Alphanumeric 30 Size Main Tapped Numeric 2 Inch Main Material Alphanumeric 10 Insulated at Main Character 1 Y/N Depth of Service Numeric 4 Inch Service Line Material Alphanumeric 10 Size Service Line Numeric 2 Inch Kind of Pavement Alphanumeric 12 Size of Pavement Replaced Alphanumeric 12 Anode Size Alphanumeric 10 Annual/JPA Character 8 Remarks Alphanumeric 30 Database domains (drop-down lists) in the geodatabase will be used to maintain data integrity making the process more efficient. STAFF ASSIGNMENT: Jones Edmunds Team Key Staff: Brian Rosenfeld Project Manager Kristina Carter Task Manager Attachment number 1 Page 3 of 4 4 BUDGET: Based on the Phase I experience with this work, our fee has increased from the last phase due to the manual nature of scanning Microfiche and the variable location information discovered during our production efforts in Phase I. Locating these historic cards has become intensely manual in nature. Numerous locations have been re-addressed and re-parceled since the 1970s. Approximately one half of the service line cards are not in the UMS system. All of these factors have required significantly more effort to properly locate the service lines. Our estimated fee to process the approximately 2,200 remaining microfiche records is $48,000. This fee includes all labor and expenses, on a lump-sum basis, anticipated to be incurred by Jones Edmunds for completing these tasks. SCHEDULE: The project is to be completed approximately 1.5 months from the issuance of the Notice-to- Proceed. We look forward to completing this important project for Clearwater Gas System. Should you have questions on this proposal, please contact Pete or myself at (813) 258-0703. Regards, R. Peter Stasis., P.E. Brian Rosenfeld Vice President, Office Manager. Project Manager Attachment number 1 Page 4 of 4 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Approve the agreement between the City and CareATC for the administration of a facility to provide onsite medical and prescription drug services under a fixed cost pricing arrangement at a total cost not to exceed $750,000 for the remainder of fiscal year 2009/2010, and $1 million each year in succeeding years, and establish project 181-99862 (Employee Health Clinic) in the amount of $1.75 million from Central Insurance Fund reserves to fund the remainder of Fiscal Year 2010 and all of Fiscal Year 2011 estimated costs, and authorize the appropriate officials to execute same. (consent) SUMMARY: In January, City Council approved staff’s recommendation to select CareATC as the administrator for an onsite medical clinic, and authorized staff to negotiate a contract with CareATC for such purpose. This is a three-year agreement with a not-to-exceed cost of $750,000 for the remainder of fiscal year 2009/2010 and $1 million each year in succeeding years, and with the ability to terminate upon 90 days written notice by either party. The total not-to-exceed cost includes staffing, equipment, supplies, and any work necessary to convert a facility to a fully functional operational clinic, as well as an administrative fee of $303,300 annually for the life of the agreement, to be paid to CareATC in monthly installments, minus a credit of $1,500 per month toward any necessary start up and build out costs. Under the agreement, CareATC will be responsible for providing for all clinic services to City employees, retirees, and their respective dependents enrolled in the City’s medical insurance plan. Clinic hours of operation are anticipated to be between 40 and 56 per week initially. Services will include primary care office visits and case management, acute and urgent care, initial treatment of job related injuries, immunizations, dispensing of a pre-determined formulary of prescription drugs, employee pre-hire and annual physicals, health risk assessments (at a cost of $59.95 each), disease management, and other wellness initiatives. CareATC will also be responsible for staffing and the purchase of equipment and supplies for the clinic. Funding will be provided by transferring $1.75 million from Central Insurance Fund reserves to project 181-99862 (Employee Health Clinic) to fund the remainder of Fiscal Year 2010 and all of Fiscal Year 2011 estimated costs. Fiscal Year 2012 costs will be budgeted as part of the Fiscal Year 2012 annual budget. The estimated costs are identified below: Item FY09/10 FY10/11 FY11/12 Administration Fee $126,375 $303,300 $303,300 Staff Costs $190,000 $456,000 $456,000 Supplies/Rx/Labs $37,500 $90,000 $90,000 Health Risk Assessments $37,500 $90,000 $90,000 Build Out/Start Up $350,000 n/a n/a Total $741,375 $939,300 $939,300 Type:Operating Expenditure Current Year Budget?:No Budget Adjustment:Yes Budget Adjustment Comments: Current Year Cost:$750,000 Annual Operating Cost: Not to Exceed:$2.75M Total Cost: For Fiscal Year:2010 to 2012 Appropriation Code Amount Appropriation Comment Cover Memo 0181-99852 $1.75M Remainder of FY10 and FY11 Bid Required?:Yes Bid Number:RFP 14-09 Other Bid / Contract:Bid Exceptions:None Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo s s s s Attachment number 1 Page 1 of 19 x Attachment number 1 Page 2 of 19 s c ss Attachment number 1 Page 3 of 19 Attachment number 1 Page 4 of 19 s s c Attachment number 1 Page 5 of 19 s s Attachment number 1 Page 6 of 19 s s s s s s Attachment number 1 Page 7 of 19 x c Attachment number 1 Page 8 of 19 Attachment number 1 Page 9 of 19 s s s s s Attachment number 1 Page 10 of 19 c s s s Attachment number 1 Page 11 of 19 Attachment number 1 Page 12 of 19 c Attachment number 1 Page 13 of 19 Page 14 EXHIBIT A "SCOPE OF SERVICES" ADMINISTRATIVE PROGRAM CareATC will work with the Employer and its health administra tor to identify all health cost drivers highlighting critical trends and developing strategies & tactics to mitigate unfavorable trends and promote the favorable ones. These ongoing activities include: Long Term Health x Personal Health Assessment (PHA) with comprehensive lab analysis x Aggregate employee population analysis to improve chronic disease and medication management x High risk populations targe ted to optimize healthy lifestyle impact x General population health management x Physician Health Seminars x Physician Round Tables (improving clinician capability) x Wellness initiatives to include health screenings, presentations, seminars, employee education, and coordination with other ongoing City wellness activities. x Collection of specimens, blood draws Labs x Coordination of lab logistics and analysis x Expedited out -of-range reporting to medical providers Health information shall be HI PAA compliant and shall serve the purpose of articulating: Information Management x Health Improvement of the General Population o Health status o Trends & focus areas o Health Improvement o Trends & focus areas x Clinic Performance/Improvement o Clinic utilization ƒ Primary Care ƒ Prescriptions ƒ Treated work injuries ƒ Clinic fill capacity x Financial Tracking o Annual claims cost status/trends Attachment number 1 Page 14 of 19 Page 15 ƒ Reductions (after year 1) ƒ National average comparisons o Cost avoidance/savings The Employer agrees to facilitate CareATC access to all necessary claims data requisite for the subject reports. CareATC will recruit and manage staff including: Staffing x Physicians x Nurses x Medical assistants x Background checks x Credentialing service reviews, reports on any sanctions, disciplinary action, credentialing status x Semi-annual performance evaluations SCOPE OF MEDICAL PRACTICE CareATC’s focus is on health management and health improvement through liberating healthy lifestyles, specific clinical practices are also essential. Such care can include: x Acute Illness o Cough, earache, fever, headache, sinus, etc. x Chronic illness evaluation (Our essential focus) o Pre-empting, evaluating, diagnosing, treating & managing (heart, blood sugar, blood pressure, cholesterol, BMI, tobacco, etc.) x Employment -Related Activities o (Refer to S cope of Occupational/Workers’ Compensation Health Services) Good health is largely the result of a healthy lifestyle which can include: fulfilling work, regular exercise, adequate rest, proper diet & food portions, maintaining appropriate body mass, good mental health & avoidance of harmful substances/practices. In the event healthy lifestyle practices are inadequate, CareATC may supplement a return to managed or improved health with limited medications. The CITY may decide, with the assistance of CARE ATC, which prescription drugs are to be purchased for use in the provision of Medical Services by CARE ATC. CAREATC shall only dispense drugs for which cost savings can be justified or additional drugs which are authorized in writing by CITY. CARE ATC shall be responsible for seeing that adequate medication inventories are maintained and shall provide an inventory report to CITY of all prescriptions and supplies on a monthly basis along with written documentation showing Pharmacy Attachment number 1 Page 15 of 19 Page 16 dates and amounts of usage. CARE ATC shall provide written documentation, including invoices of the actual cost of such drugs and supplies on a monthly basis. No controlled substances will be stocked. Typical treatable illnesses include: x Infections x Hypertension x Hyperlipidemia x Diabetes x Infectious Disease (including antibiotics) x Gastro esophageal/reflux disease x Asthma x Chronic lung disease x Occupational Context o Immediate work-related injury triage & patient management o Minor procedures within the clinician’s scope of practice x Hearing Medical Oversight and Exams o Audiometric exams, STS review, work relationship determination and report/documentation, including employee notification letters x Respiratory o Administer all medical elements of respiratory protection pr ogram including spiromet ry testing/Pulmonary Function Testing (PFT) for employees required to wear a respirator x Mobile Equipment Exams x Conduct medical history review, vision testing and medical exam for employees required to operate mobile equipment, fork truck physicals x Department of Transportation/Commercial Drivers License exams x Pre-Employment o Coordinating/conducting physicals, drug screening, medical history, audiometric testing, biometrics, etc. x Fitness for Duty – Work -related and personal illness/injury Any other services mutually agreed upon by the parties. The approval of any such additional services is to be subject to the provisions of CITY’s purchasing ordinance. Attachment number 1 Page 16 of 19 Page 17 EXHIBIT B EXAM ROOM SET UP MEDICAL SUPPLIES AND EQUIPMENT Other items may be required by the Physician to deliver Medical Services in accordance with the Agreement as agreed to by CITY. Prescription formulary may be modified at any time upon agreement of the City and CareATC. Description Description MEDICATIONS / INJECTABLES MEDICAL SUPPLIES (Continued) ALBUTEROL 90MCG 17GM INHL DISPENSER ALCOHOL AMOXICILLIN 500MG CAP 100/BT DRAPE 40X48 2-PLY AMOXICILLIN 250MG SUSP 150ML GAUZE STRETCH 2" NS APPLICATOR SILVER NIT WD100E GLOVE EXAM LTX LG P/F BACTROBAN 2% OINT 22GM GLOVE EXAM LTX SM P/F CEFTRIAXONE SOD 1GM SDV GOWN EXAM WHITE 3-PLY CEPHALEXIN 500MG CAPS 100'S HISTOFREEZER 170ML 2/5MM MIX CYANOCOBALAMIN 1000MCG 30ML HYDROGEN PEROX 3% 16OZ DEBROX DROPS 15ML IV SET BC 23X3/4 12"TB SAF L DEXAMETH 4MG/ML 5ML LACERATION TRAY W/INSTR 20CS DIPHENHYD 50MG SDV 1ML LANCET ORANGE 23G 200/BX DOXYCYLINE 100MG TB UD 100/B MEDIWASH EYE WASH BTL/4 OZ EPINEPHRINE 1:1000 AMP 1ML MOUTHPIECE ADULT 100/BX ERYTHROMICIN 500MG 100/BT NEEDLE 18X1" KENALOG 40MG/ML 10ML NEEDLE 22X1 KETOROLAC 60MG 2ML NEEDLE 22X1-1/2 LIDOCAINE 1% 50ML NEEDLE 25X1 LIDOCAINE 1% W/EPI 50ML 25/C NEEDLE 25X1-1/2 MARCAINE .25% 50ML PILL COUNTER PREDNISONE 10MG TABS 100/BT PREP ALCOHOL ST MED 200/BX PROMETHAZINE 25MG AMP 1ML PRESCRIPTION PADS 500 SHEETS PROPARACAINE DRP 0.5% 15ML PROBE COVER PC 200/BX SILVER SULFADIAZINE CRM 50GM PVP SWABSTICK 1'S 50/BX SULFAMETH/TMP 800/160 TAB 100 SANITIZER GBG HAND GEL 4OZ TRIPLE ANTIBIOTIC OINT 1OZ SCALPEL DISP #11 10/BX SCALPEL DISP #15 10/BX TESTING SUPPLIES SCISSOR BAND & UTIL 7.5" APLISOL 5TU PPD 10 TEST 1ML SCISSOR IRIS 4.5" STR GLUCOSE STRIP ELITE 25/BX SCISSOR SPENCER STITCH 3.5" MULTISTIX 10 SG SHARPS COLL 2GAL RED OCCULT BLOOD TEST SNGL SLID SODIUM CHL .9% 250ML IR PREG HCG ONE STEP URINE 25 SPECULA KLEEN 4.25MM 850B STREP A SIGNFY FLXT WAV 50B SPONGE GAUZE 2X2X8P NS SPONGE GAUZE 4X4X8P NS MEDICAL SUPPLIES SPONGE GAUZE 4X4X8P ST 2'S ALCOHOL ISO 70% QT 12/CS SUTURE REMOVAL TRAY 50/CS APPLICATOR CT 6" ST 2'S 6LB SYRINGE 10CC LL APPLICATOR CT 6"NS 13LB 500B SYRINGE 1CC TB BANDAGE ADH FLEX 1X3 SYRINGE 3CC LL BANDAGE ELAS 3" DELX VELCRO TABLE PAPER 21" SMOOTH BASIN EMESIS 10" DUSTY ROSE TAPE CLEAR 1" 12/BX BETADINE SOLN 8OZ TISSUE FACIAL KLEENEX 100/BX PAPER CUTTER TONGUE BLADE ADULT N/S 33LB CITRIGUARD II SPRAY 32OZ TOWEL EMBOSSED WHITE COLD PACK JR 4X7 VIAL 13DR W/SNAP CAP 360/CS COTTON BALLS MED 2BX/CS WATER ST 1000ML IR POUR BTL Attachment number 1 Page 17 of 19 Page 18 Description Description MEDICALEQUIPMENT OFFICE SUPPLIES BP UNIT ADULT VELC 2-HOLE PUNCH BP UNIT LG ADULT VELC CLIP BOARD TABLE EXAM W/ STIRRUPS & STORAGECOPY PAPER PAPER HOLDER FILE FOLDER LABELS CHART EYE SNELLEN FILE FOLDER LETTER W/FASTENER 50/BX DIAG SET 3.5V HALOGEN MACRO FILE GUIDE A-Z LETTER GLUCOMETER ELITE SYSTEM HIGHLIGHTER ASSORTED 6/BX HAMMER TAYLOR PERCUS 7-1/2 INK PEN BLACK 12/BX JAR SUNDRY UNLABELED 6/CS LYSOL SANITIZING WIPES LIGHT EXAM LS135 W/FLOOR STD PAPER CLIPS 100/BX PEAK FLOW METER FULL RANGE PILLOW W/VINYL COVER SCALE PHYS LB W/HGT ROD POST-IT NOTES 3X3 5/BX STETH CLASSIC II 28" BLK SCISSORS THERMOM PRO-4000 ONLY (Ear Thermometer)STAPLE REMOVER STAPLER OFFICE FURNITURE AND EQUIPMENT STAPLES 2-DRAWER LOCKABLE FILE CABINET TAPE 6 ROLLS/BX CHAIRS (3-4 WAITING ROOM, 1-2 NURSE'S AREA, 1-2 DOCTOR'S AREA)TAPE DISPENSER COMPUTER TRASH BAGS DESK DYMO LABELWRITER LOCKABLE STORAGE CABINET 72"X30"X18" PRINTER/FAX REFRIGERATOR TRASH CAN (2 DOCTOR'S AREA, 2 NURSE'S AREA) Attachment number 1 Page 18 of 19 Page 19 EXHIBIT C CITY LOCATIONS, SCHEDULES AND RATES Name : City of C learwater Address: 112 S. Osceola Ave. City, State, Zip: Clearwater, Florida Set -up Fee: Pass through cost to City as used Rates: Monthly Administrative Fee $ 25,275** Monthly supplies, la bs, prescriptions Pass through cost to City as used Monthly Staffing Cost Pass through cost to City as used Physician Nurse Practitioner or Physician’s Assistant Medical Assistants Personal Health Assessment: $ 59.95 per Personal Health Assessment **CareATC will credit the City $1,500 per month for the first 12 months of operation to offset start up and build out costs. Schedule: 40 – 56 clinic hours per week. Attachment number 1 Page 19 of 19 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Approve offering retirement incentives to eligible employees and authorize the appropriate officials to execute same. (consent) SUMMARY: Creating an incentive for retirement eligible employees to retire during the current Fiscal Year will benefit the City’s current budget reduction initiatives in several ways. They are: 1. It will potentially create vacant FTE’s (Full Time Equivalent) that may be considered for elimination. 2. It will afford the City additional options to accommodate employees that are displaced from other positions being eliminated. 3. If it is necessary to refill the positions, the new employees will be hired at a significantly lower salary. Retirees who leave employment with the City under this program will receive a one-time lump sum of $15,000 cash, minus applicable withholding, provided they meet the following eligibility criteria: 1. They are eligible to retire and draw a pension benefit under the following provisions: a. 30 years of service and any age b. 20 years of service and age 55 c. 10 years of service and age 65 d. 20 years of service and any age for Police Officers and Firefighters 2. They apply during the established enrollment period of 5/17/2010 to 6/18/2010. Eligible employees would be required to apply during a limited application window (May 17 to June 18, 2010) and would be required to retire by the end of the month in which they become eligible or after the initial waiting period as required by the release form, whichever comes first. Those employees who are eligible to retire in September must be retired or on retirement runout by September 10, 2010 (last pay period of the FY). There are currently 182 employees across all departments/funds that are eligible to apply in this category. This incentive program will also be offered to those non pension participating employees (401A Plan or Social Security) who meet the same retirement eligibility criteria as those employees who are enrolled in the City Pension Plan. Should all eligible employees afford themselves of this opportunity, the City would incur a one-time cost of approximately $1,860,000 for general fund employees, $255,000 for internal service fund employees, and $615,000 for enterprise fund employees for the incentives alone. Public safety employees would account for approximately $1,080,000 of these costs. If all eligible employees retired and every position was back-filled at the entry rate of pay, the salary savings would amount to $3,089,179. In addition to the costs for the incentives, the City is obligated for sick and vacation leave payouts. These costs are approximately $3,161,708 for general employees, $459,081 for internal service fund employees, and $828,093 for enterprise fund employees. Public Safety employees would account for approximately $ 1,870,367 of these costs. These additional costs represent a current liability that would exist regardless of whether or not the incentives are offered. Last year, 55 employees opted to participate in a similar program. Through that program, the City expended over $2.2 million in pay- out costs, to include $800,000 in incentive pay and $1.6 million in sick, vacation and accrued leave pay. However, the City realized a permanent savings of over $2 million in salary and benefits costs by eliminating vacated positions and/or back-filling vacated positions Cover Memo at a lower salary. Type:Other Current Year Budget?:No Budget Adjustment:Yes Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Estimated Costs/Savings SAMP/CWA – Enterprise SAMP/CWA – General SAMP/CWA Internal Svc Sworn – Police/Fire Totals # Eligible 41 49 17 68** 175 Incentive: $15,000 $615,000 $735,000 $255,000 $1,020,000 $2,625,000 Vac/Sick Payout* $828,094 $1,076,502 $459,081 $1,613,261 $3,976,937 Total Costs $1,443,094 $1,811,505 $714,081 $2,633,261 $6,601,937 SAMP/CWA – Enterprise SAMP/CWA – General SAMP/CWA Internal Svc Sworn – Police/Fire Totals Savings if not filled w/in last quarter FY 09-10 $517,759 $606,620 $232,968 $1,149,919 $2,506,265 Savings if not filled for FY 10- 11 $2,071,034 $2,426,478 $931,872 $4,599,677 $10,029,061 FY10-11 Savings if all positions filled at a Minimum salary $663,906 $747,437 $273,432 $1,271,924 $2,956,700 * Existing retirement costs **Does NOT include the four (4) Sworn Management individuals Attachment number 1 Page 1 of 2 Additional Estimated Costs/Savings 401 Sworn Mgmt Totals # Eligible 3 4 7 Incentive: $15,000 $45,000 $60,000 $105,000 Vac/Sick Payout*** $214,839 $257,106 $471,945 Total Costs $259,839 $317,106 $576,945 401 Sworn Mgmt Totals Savings if not filled w/in last quarter FY 09-10 $72,669 $87,847 $160,516 Savings if not filled for FY 10-11 $290,674 $351,389 $642,063 FY10-11 Savings if all positions filled at a Minimum salary $58,038 $74,442 $132,480 ***Existing retirement costs & may include severance pay Attachment number 1 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) in the amount of $164,053.19 to Integrated Technology Group (ITG) for 9 ITG XpressCheck self check-out stations, including hardware, software, and 5 years of maintenance and support, establish project 316-94861, Library Technology, authorize lease purchase under the City's Master lease Purchase Agreement, and authorize the appropriate officials to execute same. (Consent) SUMMARY: During the past three years, the Clearwater Library system has reduced the number of open hours by 34% and the staff size by 25%, but usage has remained stable. The Library anticipates further reductions going forward. Recognizing this as the new normal, staff has identified ways to continue to provide quality library service with a reduced level of resources. One method is to make use of technology and empower the public to assist themselves with routine activities. Self Checkout machines allow the public to check out their own material and pay fines with coin, cash, debit or credit cards, freeing up staff members to do other essential work. It was planned for in the budgeting process when current staffing levels were set, and is a beginning step toward implementation of RFID (Radio Frequency Identification), which is planned in future Penny projects. Should the number of libraries be further reduced, this technology will become even more important as we work to provide the best service possible with even fewer resources. To select the most effective equipment configuration we issued RFP 08-10 and received 9 responses. A committee made up of library staff members, other city employees and representatives of library advocacy groups reviewed the RFPs. ITG was selected by the committee as having submitted the proposal with the combination of system capabilities and cost most advantageous to the City. A mid-year budget amendment will establish project 316-94861, Library Technology, in the amount of $164,053.19. Funding for the estimated debt service payment for the current year of $11,250 is available in the Library Department current year operating budget, and the estimated annual debt payments of $36,000 will be included in the proposed 2010/11 and future year’s operating budgets. Type:Debt-Lease Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$164,053.19 Annual Operating Cost:$45,000 Not to Exceed:Total Cost: For Fiscal Year: to Appropriation Code Amount Appropriation Comment 0316-94861-564200-571- 000-0000 $164,053.19For Lease-purchase Bid Required?:No Bid Number: Other Bid / Contract:RFP Bid Exceptions:None Review Approval: 1) Financial Services 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Official Records and Legislative Services Cover Memo AGREEMENT THIS AGREEMENT is made and entered into this __10__ day of ___May__, 2010, by Vernon Library Supplies, Inc. d/b/a Integrated Technology Group, a corporation in the State of Georgia, USA (hereinafter referred to as “ITG”) and The City of Clearwater, a municipal corporation, located at 112 S. Osceola Avenue, Clearwater, FL, 33756 (hereinafter referred to as “Customer”). RECITALS WHEREAS, Customer desires to implement (Self-Checkout, Automated Materials Handling (AMH), Radio Frequency Identification (RFID), Electronic Article Surveillance Security (EAS), Public Computer Reservation, Print Management) system(s) on its premises, and; WHEREAS, ITG is willing to provide such products and services that together comprise the system(s) listed above and is willing to provide such products and services pursuant to all the terms and conditions in the Agreement; NOW THEREFORE, in consideration of the mutual covenants of the parties, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ITG and Customer have agreed and do hereby enter into this Agreement according to the provisions set forth herein: WITNESSETH: In the event of conflicting provisions, all documents shall be construed according to the following priories: 1. any properly executed amendment or change order to this contract (most recent with first priority), and 2. this contract, and 3. any attachments included with this contract. TERM AND TERMINATION Term The Effective Date of commencement of this Agreement shall be the _10__day of _May_, 2010. The Term of this Agreement shall begin on the Effective Date and shall extend for the full length of the period necessary to complete the project, unless terminated earlier under one of the termination provisions contained in this Agreement. Termination a. This Agreement may be terminated by Customer upon thirty (30) days written notice to ITG should ITG fail to perform in accordance with all the terms of this Agreement. Attachment number 1 Page 1 of 8 2 b. This Agreement may be terminated at any time by the mutual written agreement of ITG and Customer. c. Regardless of reason for termination, Customer is responsible for payment for all products and services delivered according to the terms and conditions of this Agreement up until the date of termination of this Agreement. DUTIES OF ITG 1. ITG agrees to provide the products and services (hereinafter collectively referred to as the “Work”) as listed in its quotation (Attachment 1) and as such products and services are described in document entitled “ITG Express Check Components” (Attachment 2). 2. Except where explicitly noted and agreed to by the Customer upon receipt of proper waivers, ITG will comply with all local laws, ordinances and regulations bearing on the performance of the Work. 3. ITG shall enforce good order and discipline among its employees and subcontractors, if any, and shall keep work areas reasonably free from waste materials and rubbish resulting from its operations. 4. ITG shall deliver products and perform its services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. 5. ITG will compensate all company employees and subcontractors, if used, for all work performed in the execution of the project. 6. ITG will have the authority to act on behalf of the Customer only to the extent provided in this Agreement unless otherwise modified by written instrument. 7. ITG will supply Customer with written invoices according to the payment schedule specified in the Agreement or, if not specified, following shipment of products to the Customer. Unless otherwise stated and agreed to in writing, ITG is not responsible for the collection or payment of any duties, excise, sales, use property, retailers, occupation, business or similar tax. The amount of any such taxes which are payable in accordance with the provisions of any statute or rules, regulations or decision of any taxing authority, will be paid by the Customer. 8. ITG agrees that title to all Work covered by an invoice for payment will pass to the Customer upon receipt of such payment. 9. ITG warrants products in accordance with the warranty attached to this Agreement (Attachment 3). 10. ITG agrees to support and maintain products during the first year of operation in accordance with document entitled “Annual Maintenance and Support for ITG Products” (Attachment 4). 11. Following the first year, ITG agrees to continue to support and maintain products supplied under this Agreement for the period(s) specified in the Maintenance and Equipment Lifecycle Policy (Attachment 5), on a year by year basis, contingent upon the Customer’s payment in advance for such support and maintenance. 12. ITG represents that in the performance of the work, duties and obligations assumed by it under this Agreement that it is acting and performing as an independent contractor and shall act in an independent capacity and not as an Attachment number 1 Page 2 of 8 3 officer, agent, servant, employee, joint venturer, partner, or associate of the Customer. 13. ITG agrees to indemnify and hold harmless Customer from all claims and suits for loss of or damage to property, including loss of the use thereof, or injuries including death to persons, and from all judgments recovered therefore, and from all expense in defending said claims or suits, including court costs, attorney fees and other expenses, caused by an act or omission of ITG and/or its subcontractors, their respective agents, servants and employees working on the project and not caused by the fault or negligence of the Customer. 14. Without limiting its liability under this Agreement, ITG will maintain at its expense during the life of this Agreement Workman’s Compensation insurance as mandated by law and comprehensive General Liability insurance in amounts no less than: Bodily Injury Each Person - $1,000,000 Bodily Injury Each Occurrence - $2,000,000 Property Damage Each Occurrence - $1,000,000 Customer will be named as an additional insured and noted as such on each policy. DUTIES OF CUSTOMER 1. Customer will inspect all products immediately upon delivery, noting damage to external packaging and/or contents on the delivery receipt or bill of lading. Customer will immediately notify ITG of such damage. Customer understands that failure to immediately report damage may result in the inability to file claims with the shipper or insurance companies. Damages not covered as a result of the Customer’s failure to examine or report are the full responsibility of the Customer. 2. Customer will issue to ITG purchase orders in writing for the products and services listed in Attachment 1, noting desired delivery dates that will not be earlier than 60 (or other) days following receipt of the purchase order by ITG. 3. Unless noted otherwise on the purchase order, Customer will be prepared to receive products from the date of its purchase order. The specific date for delivery and commencement of installation shall be agreed upon in consultation between the Customer and ITG. Should the Customer, due to delays in construction or for any other reason, not be prepared to accept delivery on or before the stated desired delivery date on the purchase order, ITG will delay without penalty the shipment of product for up to two weeks following that date as long as no cost-incurring changes are required in the ITG technician’s installation schedule. If, after two weeks following the stated desired delivery date, the customer is still not ready to accept delivery, ITG will delay shipment of the products on condition that the Customer remit payments as if shipment and installation had taken place at the latest possible dates that fall within this two week period: 35% of the total contract 7 days following the date of the delivery specified on the purchase order and 15% 14 days following the date of delivery specified on the purchase order. In all cases, the Customer will be Attachment number 1 Page 3 of 8 4 fully responsible for all costs incurred by ITG as a result of a change in the ITG technician’s installation schedule. 4. Customer will accept delivery of products delivered to its truck high dock during normal business hours. If Customer does not have a truck high dock or can accept deliveries only during specified hours, it must note these and any other special delivery requirements on its purchase order. The absence of a truck high dock and the presence of special delivery costs may result in increased delivery costs, for which the Customer will be fully responsible. 5. Customer will remit payment in U.S. Dollars to ITG in no more than 30 days following the date of invoice. Interest will accrue on the amount due at the rate of two percent (2%) per month for each full calendar month or part thereof during which such amount shall be outstanding, such interest to commence to accrue on the fifteenth (15th) day after such amount is due and payable. If this interest rate exceeds the maximum interest rate permitted by law, then the interest payable shall be at such maximum permissible rate. 6. If Customer claims exemption from any taxes imposed by any taxing authority, Customer will save ITG harmless from any such tax, together with any interest, fines, or penalties thereon, which may at any time be assessed against it by reason of the fact that such Work or portion thereof is held to be taxable by the taxing authority. In the event that the Customer is exempt from such taxes or should Customer elect to pay such taxes directly to the taxing authority, then Customer shall provide ITG with a valid tax exemption certificate or similar document in form satisfactory to ITG. 7. Customer will remit payment for supplies and accessories (e.g. RFID tags, cover labels, receipt paper, and other items that are not part of the core system(s)) following the date of shipment. 8. Customer will remit payment for hardware, software and other services according to following Payment Schedule: Payment Schedule Phase Percent of Total Payment Execution of Contract 25% 60 days prior to expected installation date 25% Completion of Installation and Training 40% Final Acceptance 10% 9. Customer is responsible for supplying materials, equipment and services as described in document entitled “ITG Express Check Components” (Attachment 2). 10. Customer is responsible for security and paying for all licenses and permits required for the execution of the work. 11. Customer will designate a primary and secondary contact person for the purpose of coordinating with ITG representatives all technical aspects and implementation of the system(s). Attachment number 1 Page 4 of 8 5 12. Individuals designated above will promptly provide to ITG all information needed by ITG for implementation of the system. 13. Customer warrants that the project is located on real property owned by the Customer and that access to such real property will be furnished to ITG at such times and on such dates as ITG may reasonably require in connection with the execution and completion of the Work. Customers will provide a clear path for access to and from the installation site for personnel and equipment. Customer will ensure that not later than the scheduled start of installation date, the installation site is free and clear, that all civil work and necessary removal or modifications of existing equipment or buildings is concluded, and that all necessary Customer provided infrastructure, including but not limited to electrical and network connections, is in place according to ITG specifications. Customer will be fully responsible for all costs associated with the failure of the Customer to meet these requirements. These costs include, but are not limited to, additional work performed by ITG to prepare the site, additional time required for installation and training, and the additional costs associated with required travel. 14. Customer understands that the proper performance of the system depends upon a thorough understanding and implementation of the installation and operating instructions provided by ITG. Customer is responsible for insuring that all staff, volunteers and others who perform services at the Customer’s behest are fully trained in the operation of the system components with which they are working. 15. Customer will immediately report all system problems to ITG. 16. At ITG’s request, Customer will generate system reports as may be needed by ITG and, if requested, maintain a log detailing all problems experienced with the system. 17. Customer will not modify hardware or software or move equipment without first consulting with ITG. 18. Customer will maintain the confidentiality of all information, be it in written, unwritten, or any other form, provided it by ITG. Only such information as may be necessary for Customer’s agents to perform their duties shall be shared with such agents. 19. Customer represents that ITG software is the intellectual property of ITG and is protected by law, including copyright laws and international treaties. Copies of software may not be made without the expressed written consent of an ITG representative authorized to legally obligate the company. 20. Customer shall take all reasonable steps to protect ITG’s intellectual property rights. MISCELLANEOUS 1. Force Majeure. The parties to this Agreement will not be liable for any delay or failure to perform their obligations if that failure or delay is due to any cause or condition beyond the control of that party and, in particular, without limitation, any failure, damage or loss due to fire, flood, exposure or any act of God, industrial disturbance, failure of electrical telecommunications networks, acts of vandalism, sabotage, civil services, war, changes in legislation or regulations of Attachment number 1 Page 5 of 8 6 any government or governmental agency, refusal or revocation of any license or consent by the government of any authority. 2. Limitation of Liability. The liability of ITG, its agents, employees, subcontractors and supplies with respect to any and claims arising out of the performance or non-performance of obligations under the Contract Documents, or the design, manufacture, sales, delivery, installation or use of the Work or materials or the condition of other services hereunder irrespective of the theory upon which any claim may be based, including, without limitation, breach of the Contract Documents, breach of warranty or tort (including negligence), indemnity, strict liability or otherwise (i) shall in no event include consequential, indirect, special or similar damages including, but not limited to, loss of profits or revenue, or loss of business, and Customer hereby irrevocably waives any right it may have to any damages in excess of actual and incidental and (ii) except with respect to indemnity claims for personal injury (including death) or damage to property of third parties, shall in no event exceed in the aggregate 100% of the Purchase Price or the scope and limits of insurance required to be maintained under the terms of the Contract Documents, whichever is less. The limitation of liability shall prevail over any conflicting or inconsistent provisions contained in the Contract Documents except where such conflicting or inconsistent provisions provide a more restrictive remedy. 3. Indemnification by Customer. Customer agrees to indemnify, defend (at its own expense with counsel satisfactory to ITG) and hold ITG harmless from claims demand, liabilities, causes of action, and suits for loss or damage which by suffered by ITG as a result of injury to persons (including death) and property arising from the negligent acts of Customer or its employees, servants or agents in any way related to or in connection with the Work.Nothing contained herein, however, shall be construed as a waiver of any immunity from or limitation of liability the Customer may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes. 4. Assignment. The provisions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assignees of the parties hereto. A party to this Agreement will not sell, transfer, assign, license, franchise or otherwise part with possession or mortgage, charge or encumber any right or obligation under this Agreement without the proposed assigned agreeing in writing with the non-assigning party to observe and perform the terms, conditions and restrictions on the part of the assigning party to this Agreement whether express or implied as if the proposed assignee was an original contracting party to this Agreement. 5. Severability. Should any court of competent jurisdiction declare any provision of this Agreement invalid, then such provision shall be severed and shall not affect the validity of the remaining provisions of this Agreement. 6. Choice of Law: Venue. The laws of the State of Florida shall control the validity, construction and effect of this Agreement and also any extensions and/or modifications of it. Any action, suit, or other proceeding concerning this Agreement must be brought and maintained only in a court of competent jurisdiction sitting in Pinellas County, Florida. Attachment number 1 Page 6 of 8 7 7. Costs and Expenses. Each party will pay its own costs and expenses in relation to the negotiations leading up to and in relation to the preparation, execution and carrying into effect of this Agreement and all other documents referred to in it or in the event that either party deems it necessary to take legal action to enforce any provisions of this Agreement. 8. Notices. a. If to ITG: Integrated Technology Group 5000 Miller Court East Norcross, GA 30071 b. If to Customer: Library Director City of Clearwater 100 North Osceola Avenue Clearwater, Florida 33755 9. Entire Agreement. The complete understanding between the parties is set out in this Agreement and this Agreement supersedes and voids all prior and contemporaneous understandings, proposals, letters, agreements or conditions expressed or implied, oral or written, except as herein contained. Any amendment, modification, waiver or discharge of any requirement of the Agreement will not be effective unless in writing signed by the parties hereto or by their authorized representatives. 10. Headings. The headings in this Agreement are for convenience and reference and are not intended to define or limit the scope of any provision of this Agreement. 11. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against the parties to this Agreement. Attachment number 1 Page 7 of 8 8 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first hereinabove written. INTEGRATED TECHNOLOGY GROUP, A DIVISION OF VERNON LIBRARY SUPPLIES, INC. Witness: By: ________________________________ ______________________________ Shai Robkin President 5000 Miller Court East Norcross, GA 30071 Taxpayer Federal I.D. #58-1605770 Date: ________________________ Countersigned: CITY OF CLEARWATER, FLORIDA ________________________________ By: ________________________________ Frank V. Hibbard, Mayor William B. Horne, II, City Manager Approved as to form: Attest: ________________________________ ___________________________________ Camilo A. Soto, Assistant City Attorney Cynthia E. Goudeau, City Clerk Date _________________________ Attachment number 1 Page 8 of 8 5000 Miller Court East Norcross, Georgia 30071 sales@integratedtek.com Toll Free Phone: 1-877-207-3127 Fax: 1-877-207-3129 www.integratedtek.com Item #Description Unit List Price Quantity Your Unit Price Unit Your Extended Price RF or No Security VECO300MEDHARDWARE: ITG XpressCheck™ Counter Kiosk Medallion Style. SOFTWARE: ITG XpressCheck OR Polaris ExpressCheck Plus all necessary integration software (SIP2, ITG API as required) 11,995.00$ 98,396.50$ Each75,568.50$ Optional Extras City of Clearwater re: Bid # 08-10 Clearwater Public Library System Proposed Buy option, showing reduced quantity to 9 SelfCheck units. Self-Checkout The ITG XpressCheck is designed so that patrons can checkout materials without the assistance of staff. It can be used with electromagnetic (EM), radio frequency (RF), and RFID security systems or without interface to any security system. ITG XpressCheck Medalloin kiosk includes a modern, ultra-compact kiosk design appropriate to libraries designed in a contemporary style. It is available in counter-top and free-standing models and comes equipped with an atttractive and reliable NCR integrated computer/monitor. It includes: graphical, customizable, patron-friendly software interface state-of-the-art computer NCR’s incomparable touch screen monitor built-in bar code scanner exceptional, built-in cable management receipt printer (with optional dual-sided printing) The ITG XpressCheck™ Countertop Kiosk is designed to sit on top of a library-supplied counter or desk. With the surface at the correct height, the unit is ADA-compliant. The ITG XpressCheck Free-standing Kiosk is ADA compliant and can be located anywhere in the library where there is access to power and the library’s Ethernet network, either by cable or wireless. Printers and Receipt Paper THERMPAPERThermal Receipt Paper (24 roll case)68.40$ 168.40$ Each68.40$ Miscellaneous XCMCManagement Console for Remote Admin.1,200.00$ IncludedEach FREE XCMAGSTMag Stripe Reader 180.00$ 9180.00$ Each 1,620.00$ XCTOPPERStandard Screen Topper 125.00$ -$ Each -$ XCTOPPERCustom Screen Topper 250.00$ -$ Each -$ Fines and Fees ITG XpressCheck’s Fines and Fees patron self-payment module allows patrons to pay fines and fees with either credit or debit cards and, optionally, with cash. Must be used in conjunction with the Authorize.net payment gateway and the library’s existing merchant account. Each library system purchases a single system license and one client license per self-checkout station. ITG XpressCheck Management Console allows system administrators to configure multiple ITG XpressCheck systems quickly and simply. Changes can be made to all machines simultaneously, or groups of machines selected by easily readable “friendly” machine names. Using folder shares, over your network, the ITG XpressCheck Management Console can update configuration settings, image files, sound files, and distribute product patches or updates. Integration into the existing configuration interface is virtually seamless. The purchase price also includes one ITG XpressCheck license for the system administrator’s computer to enhance remote configuration capabilities. Apex XpressCheck Quotation Integrated Technology Group, A Division of Vernon Library Supplies, Inc.Page 1 of 2 Attachment number 2 Page 1 of 2 5000 Miller Court East Norcross, Georgia 30071 sales@integratedtek.com Toll Free Phone: 1-877-207-3127 Fax: 1-877-207-3129 www.integratedtek.com Item #Description Unit List Price Quantity Your Unit Price Unit Your Extended Price XCPAYML ITG XpressCheck Fines/Fees Configuration Fee (does not include Authorize.Net license). One per Library System. For card payment, order also Mag Stripe Reader from Optional Extras above. 895.00$ 1895.00$ Each 895.00$ XCCBA Coin and Bill Acceptor Requires ITG XpressCheck Software or Polaris Release 3.x (future release allowing cash payment) 2,695.00$ 92,425.50$ Each 21,829.50$ Self-Checkout CD/DVD Security Interfaces ITG AV Xpress™ One Time XCLC-ONE AV Xpress™ Integrated Locking Case Detacher - One Time 2,995.00$ 92,245.50$ Each 20,209.50$ XCLCCUS-ONE AV Xpress™ Locking Case Customization. One time fee for customization covers entire library system - One Time Case. 450.00$ 1450.00$ Each 450.00$ Installation, Training, Shipping INSTALLOn-Site Consult, Install and Train See footnotes 13,000.00$ Total3,000.00$ SHIPShipping and Handling 2,412.29$ Total2,412.29$ Grand Total:$126,053.19 Note: Pricesaboveincludefirstyear'ssupportandmaintenance The ITG AV Xpress™ Self-service CD/DVD security case unlocking system removes the repetitive actions required by staff to unlock security cases. No longer is CD/DVD security an impediment to self-checkout. The combination of AV Xpress and ITG XpressCheck makes it possible for patrons to unlock cases only after successfully checking out the items. AV Xpress supports Kwik Cases® and One Time™ Cases. Prices above include first year's support and maintenance. The Install and Shipping is based in a single time installation for all 9 units, If this is changed by customer, we would need to requote. 38,000.00$ 164,053.19$ Total Price Including Maintenance: Annual Support and Maintenance for years 2-5 is offered with a 25% discount totalling the amount of: Apex XpressCheck Quotation Integrated Technology Group, A Division of Vernon Library Supplies, Inc.Page 2 of 2 Attachment number 2 Page 2 of 2   Integrated Technology Group A Division of Vernon Library Supplies, Inc. ITG XpressCheck Components ITGXpressCheck™PatronSelf Page 2    Integrated Technology Group A Division of Vernon Library Supplies, Inc. x Requiresaccesstothelibrary’snetwork(viaEthernetorwirelessconnection) x RequiresSIP2.0(canbeacquiredfromthelibrary’sILSvendor)  NCRIntegratedComputerandTouchScreenMonitor: ProcessorandMotherboard x MobileIntelGM45ExpressChipset x Scalablemobileprocessoroptions: IntelCore™2DuoT7500,IntelCeleron®575 x Speed 5000 Miller Court East Copyright © 2009 Norcross, GA 30071 Integrated Technology Group Tel. 1-877.207.3127(voice) Last Edited: 5/20/2009 1-877.207.3129(fax) www.integratedtek.com A Division of Vernon Library Supplies, Inc Integrated Technology Group’s One Year, Limited Product Warranty Integrated Technology Group (ITG) warrants that the equipment provided in conjunction with ITG’s Apex XpressCheck™, Apex RFID™, Vista Sorting™ and/or other ITG-developed and supplied system(s) to be free from factory defects for a period of one year from the date of installation. This limited warranty does not extend to any ITG product which, in the sole judgment of ITG has been subjected to abuse, misuse, neglect, improper installation, or accident, or any damage due to use or misuse produced from integration of the RFID products into any mechanical, electrical, or computer system. Further, any abuse, misuse, neglect, improper installation, accident, enhancement, modification, alteration or change made without ITG’s written consent will invalidate ITG’s Limited Product Warranty. In the event that it is determined the equipment failure is covered under this warranty, ITG shall, at its sole option, repair or replace the piece of equipment with functionally equivalent or better equipment and return such repaired or replaced equipment without charge for service or return freight. This limited warranty, except as to title is in lieu of all other warranties or guarantees, either express or implied, and specifically excludes, without limitation, warranties of merchantability and fitness for a particular purpose under the uniform commercial code, or arising out of custom or conduct. The rights and remedies provided herein are exclusive and in lieu of any other rights or remedies. In no event shall ITG be liable for any indirect or consequential damages, incidental damages, damages to person or property, or other damages or expenses due directly or indirectly to the purchased equipment, except as stated in this warranty. In no event shall any liability of ITG exceed the actual amount paid to the Integrated Technology Group for a specific piece of equipment involved in the incident. Attachment number 4 Page 1 of 1 5000 Miller Court East Copyright © 2009 Norcross, GA 30071 Integrated Technology Group Tel. 1-877.207.3127(voice) Last Edited: 4/21/2009 1-877.207.3129(fax) www.integratedtek.com A Division of Vernon Library Supplies, Inc Annual Maintenance and Support for ITG RFID Products Product Support ITG provides support for Apex RFID through both a web-based interface and through telephone support. Telephone support is available Monday-Friday from 8:00am to 6:00pm, local time. Additionally, ITG employs the Wachter Corporation, a hardware support firm, as a subcontractor to provide onsite service for Apex RFID™ components. Onsite service is available during library hours. Phone and web-based support is provided directly through ITG’s Customer Service group. If a hardware issue is determined by ITG staff, Wachter personnel will be dispatched to the Library to diagnose and repair the problem. If a software issue is identified, ITG will resolve the problem using a remote connection to the equipment. ITG is committed to a response time of no more than two (2) hours for phone or web requests for service and four (4) hours for issues reported by the Library that require onsite support. The following chart shows how information is gathered by ITG support and how ITG responds to support issues. Attachment number 5 Page 1 of 7 Annual Maintenance and Support for ITG RFID Products 2 Tasks x Submission: A customer submits an issue from the online Help Desk and selects a category for the issue. URL for the Integrated Help Desk: http://www.integratedtek.com/content/support.asp x Review: All representatives assigned to the selected support category are notified by email immediately when a new issue has been submitted. After researching the issue and reviewing the customer’s profile, a representative responds to the customer by telephone or by email. x Work with the Customer (Responses/Updates): Further updates to the issue, provided by the customer or the support representative, are shown internally and to the issue submitter. x Resolved / Public Issue: Once the question has been resolved to the satisfaction of the customer and the representative, the issue status is changed to resolved. The support rep can choose to make the resolution public as part of a support knowledgebase if the response is helpful to other customers. The rep sends an email to notify the customer the issue has been resolved, together with a link to the resolution. Benefits x Because all representatives are notified when a customer submits an issue, resolution is fast. Notifications do not depend on a rep being available by phone; all reps assigned to a product category are notified simultaneously. The first available rep handles the issue. x If the issue reported needs to reassigned based on providing the right expertise to solve the problem, or needs to be escalated to a more senior representative, the receiving rep can instantly re-assign the issue to the right resource person. This person is automatically notified by email. This methodology ensures that the most appropriate representative is always assigned to the customer’s issue. x After login to the support system, a rep can see how many new issues have been reported. The details of all issues are available, and the representative can respond directly from the site without having to depend on access to email. Support is available as long as the support representative has access to the internet. Attachment number 5 Page 2 of 7 Annual Maintenance and Support for ITG RFID Products 3 x Along with the publicly available support database, reps have access to an internal technical database that provides additional information to solve customer problems. Once a problem is resolved the first time, all other customers benefit from the results. x When a customer uses the online Help Desk for support; the customer is automatically provided with a standard procedure for reporting issues and provided documentation on issue resolution. The following pages include a sample ITG Support Agreement. Attachment number 5 Page 3 of 7 Annual Maintenance and Support for ITG RFID Products 4 Sample Terms and Conditions for Support and Maintenance These Terms and Conditions of Support and Maintenance are evergreen in nature and do not expire. The Customer or Integrated Technology Group (ITG) may terminate this agreement at any time for any or no reason. Billing cycle for Support and Maintenance will be on an annual basis beginning with the anniversary date of the first shipment of equipment or software to the Customer. Billing for Support and Maintenance for products shipped after the first shipment will be pro-rated in such a manner to insure that all products remain co-terminus. (a) Coverage. Integrated Technology Group (ITG) will provide Customer support and maintenance services on an annual basis subject to ITG’s Equipment Lifecycle Policy and payment of the annual Product Support and Maintenance Fee. The following services will be provided during the period covered as described below: (i) With the exception of consumable supplies (e.g. print ribbons) and parts with specified limited usage life spans (e.g. printer heads), ITG will repair or replace hardware components unless such failure is caused by the Customer, as determined by ITG in consultation with the Customer. Replacement parts, be they new or refurbished, will be equal to or better than the parts being replaced. Replacement parts will be provided on an exchange basis. End of Support (EOS) for Hardware products is specified in the attached document entitled Apex RFID Maintenance and Equipment Lifecycle Policy. (ii) In the event that the Customer reports material bugs or defects in the Software, ITG shall use commercially reasonable efforts to correct or replace the Software or provide the services necessary to remedy any programming error attributable to ITG that significantly affects the functionality of the Software. (iii) ITG shall provide points of contact for Customer to report Product problems, failures and defects and to request Product changes and enhancements. Only those individuals specifically designated by the Customer shall contact ITG in regard to such matters and ITG is not obligated to respond to any other employees except those specifically designated. Attachment number 5 Page 4 of 7 Annual Maintenance and Support for ITG RFID Products 5 (iv) ITG support shall be available during all regular operating hours of the library. ITG shall respond within 24 hours to determine the nature of the error or defect in the product. ITG shall provide the maintenance and support services during the service period by telephone, facsimile, email, modem, on site visit or any other means which its deems appropriate, at its sole discretion, to adequately provide those services. (v) As a part of this agreement, ITG shall supply Customer any and all updates, improvements, and modifications to the Licensed Programs that ITG makes available to its licensees generally without charge, provided that ITG reserves the right to charge separately for new options or new applications that, in the discretion of ITG, constitute a new software product. Such updates, improvements, and modifications shall be provided to the Customer within the framework of periodic official releases. Software support will be limited to the two most recently distributed releases. (vi) Maintenance services to be provided by ITG under this Agreement do not include: (a) Correction of errors arising from changes, alterations, additions or modification by persons other than the employees or agents of ITG or caused by the operation of the Product other than in accordance with the operating specifications (b) Correction of errors arising from the fault, neglect, misuse or omission of the Customer or its servants, agents, contractors, or invitees, or any other person whether or not that person is under the control or direction of the Customer (c) Rectification of errors or defects caused by the incorrect or unauthorized use, modification, revision, variation or translation of the software by the Customer or its servants, agents, contractors or invitees (d) Repair of damage arising from the failure or surge of electrical power, fusion, fire, air conditioning malfunction, damage caused in transportation or any other environmental factor or cause other than a cause arising from normal use of the Product (e) Correction of errors caused by the use of computer programs not licensed by ITG for use by the Customer Attachment number 5 Page 5 of 7 Annual Maintenance and Support for ITG RFID Products 6 (b) Assignment of Warranties on Hardware Products. In addition to ITG’s obligations under the Maintenance Agreement, ITG hereby assigns to the Customer all rights of ITG under any manufacturer's warranties applicable to Hardware Products purchased under this Agreement to the extent such assignment is permitted under such warranties. Such assignment will be effective upon payment of the Total Purchase Price and all other charges invoiced for the shipment of the Products. Except as provided hereunder or pursuant to an executed Maintenance Agreement, ITG shall have no obligation to provide maintenance support or other services for Hardware Products purchased under this Agreement. (c) Limitation on Services. Notwithstanding the above, in the event that Customer or any third party enhances, modifies, alters or otherwise makes any change to the Products without the prior express written consent of ITG, ITG shall have no obligation whatsoever to provide maintenance or support of such Products at any time after such enhancement, modification, alteration or change. Notwithstanding anything herein to the contrary, ITG’s obligation to provide maintenance and support for the Licensed Programs shall extend only to the most recent version and the next most recent version of the Licensed Programs provided to Customer. (d) Upgrades. The information technology industry is very dynamic and marked by frequent product replacement and upgrades. With respect to hardware and third party software, Customer retains the responsibility for the costs of purchase and installation of said upgrades necessary to maintain the functionality of system. (e) Customer Obligations. During the term of this Agreement, Customer has responsibility to provide: (i) Customer shall provide ITG with sufficient documentation, information, assistance, support and test time on Customer's computer system to duplicate any reported problems, certify that the problem is with the Products, and certify that the problem has been corrected. ITG will be provided with remote access to systems to aid the troubleshooting and repair process. (ii) Customer shall designate specific employees who will be trained in all aspects of the products, including trouble shooting. These, and only these employees, may contact ITG for matters related to this Agreement. (iii) Customer shall perform problem definition activities and any remedial or corrective actions as described in the Licensed Programs customer manuals and other system documentation provided to Customer by ITG prior to seeking assistance from ITG. Attachment number 5 Page 6 of 7 Annual Maintenance and Support for ITG RFID Products 7 (iv) Customer is responsible for performing scheduled preventative maintenance as per product specifications. (v) Customer shall provide ITG’s Maintenance personnel with proper and safe access to the equipment and software at all requisite times for the purpose of providing the maintenance services. (vi) Customer will provide ITG with at least 30 days written notice of the Customer’s intention to move the equipment to a location other than the premises. Agreed upon on ___________ day of _______________month, ___________. Signature below indicates agreement to all written terms: Vernon Library Supplies, Inc Customer: ____________________________ d.b.a. Integrated Technology Group Print Name: ___________________________ Title:_________________________________ __________________________ _________ ________________________ ____________ Signature Date Signature Date 5000 Miller Court East Norcross, GA 30071 Address: _________________________ _________________________ City, ST, Zip _________________________ Phone: 877.207.3127 Phone: _______________________________ Fax: 877.207.3129 Fax: _______________________________ E-mail:_______________________________ Attachment number 5 Page 7 of 7 5000 Miller Court East Copyright © 2008 Norcross, GA 30071 Integrated Technology Group Tel. 1-877.207.3127(voice) Last updated: 2/6/2008 1-877.207.3129(fax) www.integratedtek.com A Division of Vernon Library Supplies, Inc Apex RFID Maintenance and Equipment Lifecycle Policy The purpose of the Apex RFID Maintenance and Equipment Lifecycle Policy is to set product End of Support (EOS) expectations. The information technology industry is very dynamic and marked by frequent product obsolescence. In order to protect customer investment in their system, EOS dates and options should be clearly understood. This policy is available to customers that have kept their equipment under continuous coverage of a maintenance agreement. ITG will maintain product support under the following terms: 1. For all but Security Pedestals and Automated Materials Handling (AMH) products: a. EOS for these hardware products is set at 6 years (1 year warranty plus 5 years support agreement): b. Prior to EOS, customer and ITG should do an evaluation to determine if continued support is possible. If so, the maintenance agreement will be renewed for a specific period of time as agreed by the two parties. c. On EOS date, customer has a number of options available: i. Support will be made available on a best effort, per incident basis, at the then current labor rates. All efforts will be made to affect repairs on said equipment but results may be limited by availability of parts or inventory. ii. ITG offers a convenient program that allows customers to upgrade their equipment to the current levels at a 35% discount. This upgrade along with a renewed maintenance agreement will reset the clock for an additional 5 years. This program will be made available well in advance of the EOS date should customer decide to keep equipment current throughout the life of their system. 2. Security Pedestals a. EOS for these hardware products is set for 8 years (1 year warranty plus 7 years support agreement) b. Prior to EOS, customer and ITG should do an evaluation to determine if continued support is possible. If so, maintenance agreement will be renewed for a specific period of time. c. On EOS date, customer has a number of options available: i. Support will be made available on a best effort, per incident basis, at the then current labor rates. All efforts will be made to affect repairs on said equipment but results may be limited by availability of parts or inventory. Attachment number 6 Page 1 of 2 Integrated Technology Group 2 Last updated: 2/6/2008 5:19 PM A Division of Vernon Library Supplies, Inc. Proprietary and Confidential ii. ITG offers a convenient program that allows customers to upgrade their equipment to the current levels at a substantial discount. This upgrade along with a renewed maintenance agreement will reset the clock for an additional 7 years. This program will be made available well in advance of the EOS date should customer decide to keep equipment current throughout the life of their system. 3. AMH Products a. EOS for these product is set for 10 years (1 year warranty plus 9 years support agreement) b. Prior to EOS, customer and ITG should do an evaluation to determine if continued support is possible. If so, maintenance agreement will be renewed for a specific period of time. c. On EOS date, customer has a number of options available: i. Support will be made available on a best effort, per incident basis, at the then current labor rates. All efforts will be made to affect repairs on said equipment but results may be limited by availability of parts or inventory. ii. ITG offers a convenient program that allows customers to upgrade their equipment to the current levels at a substantial discount. This upgrade along with a renewed maintenance agreement will reset the clock for an additional 9 years. This program will be made available well in advance of the EOS date should customer decide to keep equipment current throughout the life of their system. Installation services for actions resulting from options presented above, whether on- site or remote, are billable at normal installation rates. While this document is specific to hardware components, all terms related to software and software support remain as stated in the original maintenance agreement Attachment number 6 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Approve renewal of License Agreement from June 1, 2010 through May 31, 2013 with Emerald Coast Bungee, Inc., to provide entertainment concessions at Pier 60 Park, and authorize the appropriate officials to execute same. (consent) SUMMARY: On May 3, 2007, City Council approved a three-year License Agreement with Emerald Coast Bungee, Inc., to provide entertainment concessions which included a climbing wall and trampoline bungee jump. Under the License Agreement, Emerald Coast Bungee, Inc. will remit 25% of gross revenue collected to the City, with a guaranteed minimum payment of no less than $40,000 per year for each year of the License Term. Staff has included revenue from entertainment concession in the general fund budget to off-set some of the costs of operating the Parks and Recreation Department (approximately $50,000/year). Staff is recommending renewal of the License Agreement between Emerald Coast Bungee, Inc. and the City for an additional three (3) years. The City may cancel the Agreement at any time during the agreement period. Substantial changes to the past Agreement include the following: Guaranteed minimum payment of no less than $40,000 per year for each year of the License Term. Require that the Commercial General Liability (CGL) coverage is specific for the activities identified under the Agreement. Payment received from Emerald Coast Bungee last year was $48,425. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo 1 LICENSE AGREEMENT THIS LICENSE AGREEMENT is entered into as of this _____ day of ___________, 2010, between the City of Clearwater, a municipal corporation of the State of Florida, whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 (“Licensor”) and Emerald Coast Bungee, Inc., a Florida corporation, whose mailing address is 915 Lantana Avenue, Clearwater, Florida 33755 (“Licensee”). WHEREAS, Licensor is the owner of the real property more particularly described in Exhibit “A”, attached hereto and made a part hereof, located in Pinellas County, Florida hereinafter referred to as (“Premises”); and, WHEREAS, the Licensee has successfully exercised certain rights and privileges upon the Premises for the past three (3) years; and WHEREAS, Licensor is willing to grant Licensee a license for continued occupancy and utilization, subject to the terms and conditions stipulated below (the “License”): NOW, THEREFORE, it is mutually agreed as follows: 1. Licensor hereby grants to Licensee the License to occupy and use the Premises, subject to all of the terms and conditions herein set forth, commencing on June 1, 2010, and expiring on May 31, 2013, (“License Term”) unless sooner terminated as herein provided for the purpose of installing a bungee powered trampoline jump amusement ride and faux-rock climbing wall (“Concessions”) as more particularly described in Exhibit “B”, attached hereto and made a part hereof. Licensee acknowledges and agrees that License is non-exclusive. Licensee’s Concessions shall be located within the License area in conjunction with other Licensees as such Licensee’s Concessions are located as of the inception of this Agreement. Licensor reserves the right to request immediate relocation of the License Premises, and as such, Concessions, at its discretion. 2. That for and in consideration of the foregoing License, Licensee shall pay Licensor a commission equivalent to twenty-five percent (25%) of the gross revenue proceeds generated by the Concessions during the License Term (“Commission”), with a guaranteed minimum payment of no less than $40,000 per year for each year of the License Term (“Guaranteed Minimum License Fee”). Failure by the Licensee to pay the Licensor the minimum Forty Thousand Dollars ($40,000) by the end of each year of the License Term shall be deemed as a material default of this Agreement and the Licensor may, at its discretion, terminate the License immediately. For purposes of this Agreement, “Gross Revenue Proceeds” shall mean the total of all amounts charged to customers for entry to the concessions. Specifically, all amounts charged for numbered tickets, coupons or other type of invoices (“Tickets”), less any applicable taxes, regardless of whether said Tickets are redeemed. Commission shall be paid bi- weekly, first payment to be paid 14 days after the Licensee’s first day of Attachment number 1 Page 1 of 5 2 operation, and once every two weeks thereafter. If all amounts due to Licensor are not paid as indicated, Licensee will be considered in default hereunder and Licensor retains the right to terminate this Agreement immediately and require vacation of the Premises immediately, but in no event later than 24 hours from receipt of notification of such default. 3. Licensee shall pay all costs resulting from and associated with the installation and operation of electrical and water service for operation of the Concessions. 4. The Licensee agrees that persons employed by Licensee for purposes related to the installation, operation or other purposes under this License are not employees of the Licensor for any purpose whatsoever, including unemployment tax, social security contributions, income tax withholding or workers compensation, whether state or federal. Licensee agrees to pay and be solely responsible for all applicable taxes, both state and federal, in connection with the amount paid by Licensee to Licensor. 5. Licensee duties and responsibilities pursuant to this Agreement are as follows: (a) Licensee shall provide a “Euro Bungee” with an aluminum framing, trampolines (3’ H x 15’ diameter), adjustable bungees attached to 110V wenches, safety harnesses and other safety features; and a four- sided faux-rock climbing wall, 24.5’ high, with mountain climbing rated safety harnesses and other safety features in accordance with acceptable industry standards. (b) Licensee shall setup the site, including securely anchoring the Bungee, fencing off the area, and setting up an area for ticket sales. (c) Licensee shall operate in or on the Premises, as designated by Licensor. Hours of operation shall be daily (seven days a week) no earlier than 9:00 a.m. until no later than 10:30 p.m., except during inclement weather. The City reserves the right to shut down the operation of the Concessions if, in its sole discretion, it is in the best interest of the City, or to protect the safety and welfare of the public. (d) Licensee will ensure that the Concessions are a temporary structure that can be broken down in 2 days if needed. (e) Licensee will ensure that the Concessions are run and operated by properly trained employees, all of whom are uniformed in matching company tee shirts and shorts. (f) Licensee specifies that each employee have specific duties, which include technical, safety, and operational support to ensure that the operation runs safely and efficiently, and that Licensee has provided any necessary and appropriate training for its employees to carry out the operation in a safe manner. Attachment number 1 Page 2 of 5 3 6. Licensee agrees to provide comprehensive general liability coverage for the activities identified under this agreement on an “occurrence” basis in an amount of not less than One Million Dollars ($1,000,000.00) combined single limit bodily injury liability and property damage liability with a minimum One Million Dollar ($1,000,000.00) aggregate limit. The Certificate of Insurance shall show the City of Clearwater as an Additional Insured. The certificate must be provided to City of Clearwater prior to operation. Licensee agrees to provide a copy of the insurance policy to the City upon written request for same. 7. Licensee shall protect, defend, indemnify, save and hold harmless Licensor against and from any and all claims, including copyright/trademark infringement claims, demands, fines, suits, sections, proceedings, orders, decrees and judgments of any kind or nature by or in favor of, anyone whomsoever, and against and from any and all costs, damages and expenses, including attorney’s fees, resulting from, or in connection with, loss of life, bodily or personal injury or property damages arising, directly or indirectly, out of, or from, or on account of, any accident or other occurrence in, upon, at or from the Premises, or occasioned in whole or in part through the use and occupancy of the Premises, or by any act or omission of Licensee, or any employees, agents, contractors or invitees in, upon, at or from the Premises or its appurtenances. 8. Licensee shall at its sole cost and expense (a) maintain the Premises in a safe, clean and proper manner; (b) secure any and all licenses or permits required by any governmental agency or authority with respect to Licensee’s operation of the Concessions, occupancy and use of the Premises, including any and all rights or licenses required under applicable copyright or trademark law, (c) secure and be responsible for the security of the Concessions at close of business each day and during hours of non-operation; (d) not make or permit to be made any alterations, additions or improvements in the Premises without the prior written consent of Licensor; (e) not permit any mechanic’s lien to be filed against the Premises by reason of any work, labor, service or materials performed at or furnished to the Premises; and (h) abide by all rules and regulations established by Licensor, from time to time, with respect to the use and occupancy of the Premises. All signs used at the Premises shall be subject to Licensor’s prior approval. 9. This License is personal to Licensee. It is not assignable, and any attempt to assign this License will terminate the License privileges granted to Licensee hereunder. In addition, Licensee shall not sell, mortgage, pledge or in any manner transfer this License Agreement or any interest therein, nor sublet all of any part of the Premises or license considerations therein. Licensee shall notify Licensor of any name change made in accordance with applicable law. 10. Licensor may terminate this License Agreement immediately, at will, in Licensor’s sole discretion, with or without cause. This License Agreement may also be Attachment number 1 Page 3 of 5 4 terminated at any time upon the mutual written agreement of Licensor and Licensee. 11. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto it being understood that nothing contained herein, or any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Licensor and Licensee. 12. All notices to either party must be sent by U.S. Mail to the address below: As to Licensor As to Licensee City of Clearwater Emerald Coast Bungee P. O. Box 4748 c/o Dan Northcott Clearwater, FL 33758-4748 915 Lantana Avenue Clearwater, Florida 33755 Miscellaneous Provisions 13. The provisions of this License shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties, as permitted herein. Any provision hereof which imposes upon Licensor or Licensee, any obligation after termination or expiration of this License Agreement, shall survive termination or expiration hereof and be binding upon Licensor or Licensee. 14. Licensee agrees to comply with all local, state, and federal statutes and ordinances, and is responsible for obtaining all necessary state and local permits prior to setting up and operating the Concessions. 15. All advertising or related communications pertaining to Licensor must be pre- approved in writing by the Licensor. 16. Licensor shall have the right to enter upon the Premises at all times. Licensor shall not unduly interfere with Licensee’s business. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. LICENSEE: EMERALD COAST BUNGEE, INC. Signed in the Presence of: Dated: ______________________________ By:________________________________ Dan Northcott President Attachment number 1 Page 4 of 5 5 Countersigned: LICENSOR: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Laura Lipowski Mahony Cynthia E. Goudeau Assistant City Attorney City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this __________ day of _______________, 2010, by WILLIAM B. HORNE II, City Manager of the City of Clearwater, who is personally known to me. _______________________________ Print/Type Name:_________________ Notary Public Attachment number 1 Page 5 of 5 Exhibit A City of Clearwater SPECIAL EVENTS BEACH VENUE #2: North Of Pier 60 (Approximately 200’ x 250’ = 50,000 sf or 1.1 acre) North PIER 60 PARK & PAVILION PUBLIC PARKING HILTON HOTEL PRIVATE #2 Roundabout PIER 60 Attachment number 2 Page 1 of 1 Attachment number 3 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Approve renewal of License Agreement from June 1, 2010 through May 31, 2013 with Ultimate Bounce to provide entertainment concessions at Pier 60 Park, and authorize the appropriate officials to execute same. (consent) SUMMARY: On May 3, 2007, City Council approved a three-year License Agreement with Ultimate Bounce to provide entertainment concessions which included a water slide, dry slide and bounce house. Under the License Agreement, Ultimate Bounce will remit 25% of gross revenue collected to the City, with a guaranteed minimum payment of no less than $40,000 per year for each year of the License Term. Staff has included revenue from entertainment concession in the general fund budget to off-set some of the costs of operating the Parks and Recreation Department (approximately $40,000/year). Staff is recommending renewal of the License Agreement between Ultimate Bounce and the City for an additional three (3) years. The City may cancel the Agreement at any time during the agreement period. Substantial changes to the past Agreement include the following: Guaranteed minimum payment of no less than $40,000 per year for each year of the License Term. Require that the Commercial General Liability (CGL) coverage is specific for the activities identified under the Agreement. Payment received from Ultimate Bounce last year was $31,502. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo 1 LICENSE AGREEMENT THIS LICENSE AGREEMENT is entered into as of this _____ day of ___________, 2010, between the City of Clearwater, a municipal corporation of the State of Florida, whose mailing address is P.O. Box 4748, Clearwater, Florida 33758-4748 (“Licensor”) and Ultimate Bounce, LLC, whose mailing address is 3300 – 11 Street N., St. Petersburg, Florida 33704 (“Licensee”). WHEREAS, Licensor is the owner of the real property more particularly described in Exhibit “A”, attached hereto and made a part hereof, located in Pinellas County, Florida hereinafter referred to as (“Premises”); and, WHEREAS, The Licensee has successfully exercised certain license rights and privileges upon the Premises for the past three (3) years; and WHEREAS, Licensor is willing to grant Licensee a license for continued occupancy and utilization of the Premises, subject to the terms and conditions stipulated herein (the “License”): NOW, THEREFORE, it is mutually agreed as follows: 1. Licensor hereby grants to Licensee the License to occupy and use the Premises, subject to all of the terms and conditions herein set forth, commencing on June 1, 2010, and expiring on May 31, 2013 (“License Term”), unless sooner terminated as herein provided, for the purpose of installing an inflatable bounce house, dry slide, wet slide and other inflatable concessions (“Concessions”) as more particularly described in Exhibit “B”, attached hereto and made a part hereof. Licensee acknowledges and agrees that License is non-exclusive. Licensee’s Concessions shall be located within the License area in conjunction with other Licensees as such Licensee’s Concessions are located as of the inception of this Agreement. Licensor reserves the right to request immediate relocation of the License Premises, and as such, Concessions, at its discretion. 2. That for and in consideration of the foregoing License, Licensee shall pay Licensor a commission equivalent to twenty-five percent (25%) of the gross revenue proceeds generated during the License Term (“Commission”), with a guaranteed minimum payment of no less than $40,000 per year for each year of the License Term (“Guaranteed Minimum License Fee”). Failure by the Licensee to pay the Licensor the minimum Forty Thousand Dollars ($40,000) by the end of each year of the License Term shall be deemed as a material default of this Agreement and the Licensor may, at its discretion, terminate the License immediately. For purposes of this Agreement, “Gross Revenue Proceeds” shall mean the total of all amounts charged to customers for entry to the concessions. Specifically, all amounts charged for numbered tickets, coupons or other type of invoices (“Tickets”), less any applicable taxes, regardless of whether said Tickets are redeemed. Commission shall be paid bi-weekly, first payment to be paid 14 Attachment number 1 Page 1 of 5 2 days after the Licensee’s first day of operation, and once every two weeks thereafter. If all amounts due to Licensor are not paid as indicated, Licensee will be considered in default hereunder and Licensor retains the right to terminate this Agreement immediately and require vacation of the Premises immediately, but in no event later than 24 hours from receipt of notification of such default. 3. Licensee shall pay all costs resulting from and associated with the installation and operation of electrical service for operation of the concessions. 4. The Licensee agrees that persons employed by Licensee for purposes related to the installation, operation or other purposes under this License are not employees of the Licensor for any purpose whatsoever, including unemployment tax, social security contributions, income tax withholding or workers compensation, whether state or federal. Licensee agrees to pay and be solely responsible for all applicable taxes, both state and federal, in connection with the amount paid by Licensee to Licensor. 5. Licensee duties and responsibilities pursuant to this Agreement are as follows: (a) Licensee shall provide various inflatable amusements, such as: a water inflatable slide, a dry inflatable Slide and a Bounce House each manufactured out of 18 gauge fire-retardant vinyl, double-stitched seams, and other safety features in accordance with acceptable industry standards. (b) Licensee shall setup the site, including securely anchoring the concessions, fencing off the area, and setting up an area for ticket sales. (c) Licensee shall operate in or on the Premises, as designated by Licensor. Hours of operation shall be daily (seven days a week) no earlier than 9:00 a.m. until no later than 10:30 p.m., except during inclement weather. The City reserves the right to shut down the operation of the concessions if, in its sole discretion, it is in the best interest of the City, or to protect the safety and welfare of the public. (d) Licensee will ensure that the concessions are a temporary structure that can be broken down in 2 days if needed. (e) Licensee will ensure that the concessions are run and operated by properly trained employees, all of whom are uniformed in matching company tee shirts and shorts. (f) Licensee specifies that each employee have specific duties, which include technical, safety, and operational support to ensure that the operation runs safely and efficiently, and that Licensee has provided Attachment number 1 Page 2 of 5 3 any necessary and appropriate training for its employees to carry out the operation in a safe manner. 6. Licensee agrees to provide comprehensive general liability coverage for the activities identified under this agreement on an “occurrence” basis in an amount of not less than One Million Dollars ($1,000,000.00) combined single limit bodily injury liability and property damage liability with a minimum One Million Dollar ($1,000,000.00) aggregate limit. The Certificate of Insurance shall show the City of Clearwater as an Additional Insured. The certificate must be provided to City of Clearwater prior to operation. Licensee agrees to provide a copy of the insurance policy to the City upon written request for same. 7. Licensee shall protect, defend, indemnify, save and hold harmless Licensor against and from any and all claims, including copyright/trademark infringement claims, demands, fines, suits, sections, proceedings, orders, decrees and judgments of any kind or nature by or in favor of, anyone whomsoever, and against and from any and all costs, damages and expenses, including attorney’s fees, resulting from, or in connection with, loss of life, bodily or personal injury or property damages arising, directly or indirectly, out of, or from, or on account of, any accident or other occurrence in, upon, at or from the Premises, or occasioned in whole or in part through the use and occupancy of the Premises, or by any act or omission of Licensee, or any employees, agents, contractors or invitees in, upon, at or from the Premises or its appurtenances. 8. Licensee shall at its sole cost and expense (a) maintain the Premises in a safe, clean and proper manner; (b) secure any and all licenses or permits required by any governmental agency or authority with respect to Licensee’s operation of the concessions, occupancy and use of the Premises, including any and all rights or licenses required under applicable copyright or trademark law; (c) secure and be responsible for the security of the concessions at close of business each day and during hours of non-operation; (d) not make or permit to be made any alterations, additions or improvements in the Premises without the prior written consent of Licensor; (e) not permit any mechanic’s lien to be filed against the Premises by reason of any work, labor, service or materials performed at or furnished to the Premises; and (h) abide by all rules and regulations established by Licensor, from time to time, with respect to the use and occupancy of the Premises. All signs used at the Premises shall be subject to Licensor’s prior approval. 9. This License is personal to Licensee. It is not assignable, and any attempt to assign this License shall immediately terminate the License privileges granted to Licensee hereunder. In addition, Licensee shall not sell, mortgage, pledge or in any manner transfer this License Agreement or any interest therein, nor sublet all of any part of the Premises or license considerations therein. Licensee shall notify Licensor of any name change made in accordance with applicable law. 10. Licensor may terminate this License Agreement immediately, at will, in Licensor’s sole discretion, with or without cause. This License Agreement may also be Attachment number 1 Page 3 of 5 4 terminated at any time upon the mutual written agreement of Licensor and Licensee. 11. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto it being understood that nothing contained herein, or any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Licensor and Licensee. 12. All notices to either party must be sent by U.S. Mail to the address below: As to Licensor As to Licensee City of Clearwater Ultimate Bounce, LLC P.O. Box 4748 c/o Alfonso Rojas Clearwater, FL 33758-4748 3300 – 11th Street N. St. Petersburg, FL 33704 Miscellaneous Provisions 13. The provisions of this License shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties, as permitted herein. Any provision hereof which imposes upon Licensor or Licensee, any obligation after termination or expiration of this License Agreement, shall survive termination or expiration hereof and be binding upon Licensor or Licensee. 14. Licensee agrees to comply with all local, state, and federal statutes and ordinances, and is responsible for obtaining all necessary state and local permits prior to setting up and operating the concessions. 15. All advertising or related communications pertaining to Licensor must be pre- approved in writing by the Licensor. 16. Licensor shall have the right to enter upon the Premises at all times. Licensor shall not unduly interfere with Licensee’s business. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. LICENSEE: ULTIMATE BOUNCE, LLC Signed in the Presence of: Dated: ______________________________ By:________________________________ Alfonso Rojas Manager Attachment number 1 Page 4 of 5 5 Countersigned: LICENSOR: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Laura Lipowski Mahony Cynthia E. Goudeau Assistant City Attorney City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this __________ day of _______________, 2010, by WILLIAM B. HORNE II, City Manager of the City of Clearwater, who is personally known to me. _______________________________ Print/Type Name:_________________ Notary Public Attachment number 1 Page 5 of 5 Exhibit A City of Clearwater SPECIAL EVENTS BEACH VENUE #2: North Of Pier 60 (Approximately 200’ x 250’ = 50,000 sf or 1.1 acre) North PIER 60 PARK PUBLIC PARKING HILTON HOTEL PRIVATE #2 Roundabout PIER 60 Alternate Location Attachment number 2 Page 1 of 1 Attachment number 3 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Approve co-sponsorship and waiver of requested City fees and service charges for Fiscal Year 2010-2011 special events including three annual City events (a reduction of one event); and seven City co-sponsored events; at an estimated General Fund gross cost of $441,370 ($19,300 representing cash contributions and $422,070 representing in-kind contributions) and Enterprise Fund cost and fee waiver of $71,220 for the purposes of departmental budget submittals. (consent) SUMMARY: According to the City Council Policy, Item “M”, Special Event Fees, there shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and level of support for these events will be brought before the City Council at the beginning of the budget process each fiscal year. In the event additional money is requested beyond what is included in the approved budget, City Council approval will be needed before additional funds are dispersed. The chart shows cash and in-kind contributions requested to be included in FY 2010/2011 budget for City sponsored and co-sponsored special events. In addition, the 2009/2010 approved spreadsheet is provided for comparison purposes. Decreases for FY2010/11 are as follows: Suncoast Jazz Classic at Sheraton Sand Key – Pinellas Visitors Bureau is no longer sponsoring this event, which would increase the City’s costs to sponsor from $1,600 to $3,860. Staff recommends eliminating this event. Fall Hispanic Concert - Staff is recommending that this event continue however that it be funded completely with revenue generated from the event, thus the removal from in-kind City sponsorship. The savings of approximately $34,880 can be used to help offset some of the cost of the new Super Boat Offshore Boat Race. Increases for FY2010/11 are as follows: Super Boat Offshore Boat Race – This was an international championship event that was held in Clearwater in 2009 with a great deal of success and national exposure. Staff is recommending adding this event as a co-sponsored event for a cost of $28,280. Ironman 70.3 Triathlon - Support for this event has increased by $11,900 primarily in the area of Police traffic/ops and Fire EMS due to the fact that more of the race route is now in Clearwater City limits proper. We will look to offset with new revenue from Ironman as this has been their expense in the past. Clearwater Celebrates America – An additional $18,000 is needed in order to move the fireworks display from Memorial Causeway to a barge, 845 feet off shore from the Memorial Causeway and the new boat slips at Coachman Park, so that traffic will not be impeded during the fireworks display. The safety perimeter around the barge of 845 feet will move the display further north of the park and closer to Island Estates and residents on the bluff. Jazz Holiday – A total increase of $2,790, with the majority of the increase ($2,390) in EMS and Life Safety costs due in part to salary increases under the IAFF contract, increased hours for Sunstar Ambulance coverage and adjustments for actual costs in FY 2009. “Cash Requests” of $19,300 are identical to 2009/10 which includes $14,550 to Clearwater Jazz Holiday and $4,750 for Martin Luther King Jr. Day. “In-kind contributions” are included in operating budgets under various departments. Overall, this item is an increase of $29,360, however the addition of a barge for the 4th of July fireworks display and the additional interior route for the Ironman 70.3 added almost all of this increase (approximately $27,000). Cover Memo Type:Operating Expenditure Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: None for this fiscal year. Request for FY 2010/11 budget. Current Year Cost:Annual Operating Cost: Not to Exceed:$512,590 Total Cost:$512,590 For Fiscal Year:2010 to 2011 Appropriation Code Amount Appropriation Comment Various general fund codes $441,370 Various general fund codes Various enterprise fund codes $71,220Various enterprise fund codes Review Approval: 1) Office of Management and Budget 2) Solid Waste/General Support Services 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Manager 8) Official Records and Legislative Services Cover Memo Ci t y o f C l e a r w a t e r S p e c i a l E v e n t s B u d g e t R e q u e s t f o r F Y 2 0 1 0 - 2 01 1 FY 1 0 - 1 1 Ev e n t C a s h Bl d g & P a r k s P o l i c e P o l i c e F i r e L i f e S a f e t y P u b l i c P W A S u b - T o t a l S o l i d G a s M a r i ne P W A S u b - T o t a l CI T Y E V E N T S , A N N U A L Cl a s s Mo n t h H e l d Re q u e s t s Ma i n t & R e c . Tr a f f i c / O p s Al c o h o l EM S & I n s p e c t . Co m m . Tr a f f i c Ge n e r a l F u n d Wa s t e Pa r k i n g En t e r p r i s e 1 T i m e s T u r k e y T r o t 3 A N o v - 1 0 $ 0 $ 0 $ 2 , 6 0 0 $ 1 , 6 1 0 $ 0 $ 7 3 0 $ 0 $ 0 $ 1 6 0 $ 5 ,1 0 0 $ 3 0 0 $ 0 $ 0 $ 0 $ 3 0 0 2 M a r t i n L u t h e r K i n g , J r . D a y M a r c h & R a l l y 3 A J a n - 1 1 $ 4 , 7 5 0 $ 0 $ 1 , 4 0 0 $ 0 $ 0 $ 0 $ 2 1 0 $ 0 $ 3 0 0 $ 6 , 6 6 0 $ 1 6 0 $ 1 , 0 0 0 $ 0 $ 0 $ 1 , 1 6 0 3 O u t b a c k B o w l B e a c h D a y 3 A D e c - 1 0 $ 0 $ 0 $ 1 , 6 0 0 $ 4 0 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 2 , 00 0 $ 0 $ 0 $ 0 $ 2 6 0 $ 2 6 0 4 C l e a r w a t e r J a z z H o l i d a y 3 A O c t - 1 0 $ 1 4 , 5 5 0 $ 3 , 4 0 0 $ 2 6 , 0 0 0 $ 3 8 , 60 0 $ 0 $ 7 , 8 6 0 $ 3 , 6 5 0 $ 0 $ 7 4 0 $ 9 4 , 8 0 0 $ 3 , 0 8 0 $ 3 , 7 5 0 $ 0 $ 0 $ 6 , 8 3 0 5 C l e a r w a t e r C e l e b r a t e s A m e r i c a 2 A J u l y - 1 1 $ 0 $ 6 0 0 $ 6 8 , 0 0 0 $ 3 , 0 0 0 $ 0 $ 3, 6 4 0 $ 7 8 0 $ 0 $ 3 5 0 $ 7 6 , 3 7 0 $ 1 , 3 1 0 $ 3 , 0 0 0 $ 0 $ 0 $ 4 , 3 1 0 6 Fu n ` n S u n F e s t i v a l E v e n t s 2A Ap r - 1 1 $0 $1 , 3 0 0 $5 5 , 5 0 0 $2 8 , 5 0 0 $0 $6 , 0 0 0 $1 , 3 6 0 $4 , 0 0 0 $1 , 2 5 0 $9 7 , 9 1 0 $1 , 8 4 0 $4 , 2 5 0 $0 $0 $6 , 0 9 0 FY 2 0 1 0 - 2 0 1 1 R e q u e s t e d C A S H & I N - K I N D S E R V I C E S Es t i m a t e d G E N E R A L F U N D I n - k i n d S e r v i c e s f o r 2 0 1 0 / 2 0 1 1 6 F u n ` n S u n F e s t i v a l E v e n t s 2 A A p r - 1 1 $ 0 $ 1 , 3 0 0 $ 5 5 , 5 0 0 $ 2 8 , 5 0 0 $ 0 $ 6, 0 0 0 $ 1 , 3 6 0 $ 4 , 0 0 0 $ 1 , 2 5 0 $ 9 7 , 9 1 0 $ 1 , 8 4 0 $ 4 , 2 5 0 $ 0 $ 0 $ 6 , 0 9 0 7 Fa l l C o n c e r t - H i s p a n i c C o n c e r t 2A Se p - 1 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 8 Su n c o a s t J a z z C l a s s i c @ S h e r a t o n S a n d K e y 3A N o v - 1 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 9 I r o n m a n 7 0 . 3 T r i a t h l o n 3 A N o v - 1 0 $ 0 $ 3 , 3 0 0 $ 1 1 , 0 0 0 $ 6 2 , 5 0 0 $ 0 $ 10 , 5 3 0 $ 2 1 0 $ 5 , 0 0 0 $ 1 , 0 8 0 $ 9 3 , 6 2 0 $ 2 , 1 4 0 $ 0 $ 2 , 0 0 0 $ 4 0 , 1 9 0 $ 44 , 3 3 0 10 S e a B l u e s F e s t - S e a f o o d & B l u e s F e s t i v a l 2 A F e b - 1 1 $ 0 $ 1 , 1 0 0 $ 1 0 , 00 0 $ 1 6 , 2 0 0 $ 0 $ 7 , 6 2 0 $ 1 , 3 6 0 $ 0 $ 3 5 0 $ 3 6 , 6 3 0 $ 8 0 0 $ 3 , 5 0 0 $ 0 $ 0 $4 , 3 0 0 11 H o s p i c e B e a c h S t r o l l 3 A A p r - 1 1 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 3 , 6 40 $ 3 , 6 4 0 12 S u p e r B o a t O f f s h o r e B o a t R a c e 3 A O c t - 1 0 $ 0 3 0 0 $ $ 9 , 0 0 0 $ 1 5 , 4 5 0 $ 0 $ 3 , 3 2 0 $ 2 1 0 $ 0 $ 0 $ 2 8 , 2 8 0 $ 0 $ 0 $ 0 $ 0 $0 Su b - t o t a l : $1 9 , 3 0 0 $ 1 0 , 0 0 0 $ 1 8 5 , 1 0 0 $ 1 6 6 , 2 6 0 $ 0 $ 3 9 , 7 0 0 $ 7 , 7 8 0 $ 9 , 0 0 0 $4 , 2 3 0 $ 4 4 1 , 3 7 0 $ 9 , 6 3 0 $ 1 5 , 5 0 0 $ 2 , 0 0 0 $ 4 4 , 0 9 0 $ 7 1 , 2 2 0 Ev e n t C l a s s i f i c a t i o n s Cl a s s 2 A - C i t y S p o n s o r e d E v e n t 3 Cl a s s 3 A - C i t y C o - S p o n s o r e d E v e n t 7 1 Attachment number 1 Page 1 of 2 Ci t y o f C l e a r w a t e r S p e c i a l E v e n t s B u d g e t R e q u e s t f o r F Y 2 0 0 9 - 2 01 0 FY 0 9 - 1 0 Ev e n t C a s h Bl d g & Pa r k s Po l i c e P o l i c e F i r e Li f e S a f e t y Pu b l i c P W A S u b - T o t a l S o l i d G a s M a r i n e P W A S u b - T o t a l CI T Y E V E N T S , A N N U A L C l a s s M o n t h H e l d R e q u e s t s Ma i n t & R e c . T r a f f i c / S . O p s A l c o h o l E M S & I n s p e c t . C o m m . T r a f f i c G e n e r a l F u n d W a s t e P a r k i n g E n t e r p r i s e 1 T i m e s T u r k e y T r o t 3 A N o v 0 9 $ 0 $ 0 $ 2 , 4 0 0 $ 1 , 9 0 0 $ 0 $ 5 9 2 $ 0 $ 0 $ 1 6 3 $ 5, 0 5 5 $ 3 0 4 $0 $0 $ 0 $ 3 0 4 2 M a r t i n L u t h e r K i n g , J r . D a y M a r c h & R a l l y 3 A J a n 0 9 $ 4 , 7 5 0 $ 0 $ 1 , 4 00 $ 0 $ 0 $ 2 9 6 $ 2 0 0 $ 0 $ 3 0 3 $ 6 , 9 4 9 $ 1 6 1 $1 , 0 0 0 $0 $ 0 $ 1 , 1 6 1 3 C l e a r w a t e r D o w n t o w n F a r m e r s ' M a r k e t 3A N o v 0 9 - A p r 1 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 4 M a k e A D i f f e r e n c e F i s h i n g T o u r n a m e n t s ( 2 ) 3A O c t 0 9 - N o v 1 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $ 0 $0 $0 $0 $0 5 O u t b a c k B o w l B e a c h D a y 3 A D e c - 0 9 $ 0 $ 0 $ 1 , 7 0 0 $ 2 2 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 1 , 92 0 $ 0 $0 $0 $ 4 3 8 $ 4 3 8 6 C l e a r w a t e r J a z z H o l i d a y 3 A O c t 0 9 - N o v 1 0 $ 1 4 , 5 5 0 $ 3 , 2 0 0 $ 2 6 , 0 00 $ 3 8 , 4 1 0 $ 0 $ 6 , 1 9 5 $ 2 , 9 2 5 $ 0 $ 7 3 5 $ 9 2 , 0 1 5 $ 3 , 0 8 4 $3 , 7 5 0 $0 $ 0 $ 6 , 8 3 4 FY 2 0 0 9 - 2 0 1 0 R e q u e s t e d C A S H & I N - K I N D S E R V I C E S Es t i m a t e d G E N E R A L F U N D I n - k i n d S e r v i c e s f o r 2 0 0 9 / 2 0 1 0 11 7 D o w n t o w n C o n c e r t s 3A A p r i l 1 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 8 N o r t h G r e e n w o o d S t r e e t F e s t 3A M a y 1 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 9 C l e a r w a t e r C e l e b r a t e s A m e r i c a 2 A J u l y 1 0 $ 0 $ 4 0 0 $ 5 0 , 0 0 0 $ 2 , 7 1 0 $ 0 $4 , 1 6 0 $ 6 0 0 $ 0 $ 3 4 5 $ 5 8 , 2 1 5 $ 1 , 3 1 2 $3 , 0 0 0 $0 $ 0 $ 4 , 3 1 2 10 F u n ` n S u n F e s t i v a l E v e n t s 2 A A p r - 1 0 $ 0 $ 1 , 5 0 0 $ 5 5 , 5 0 0 $ 2 7 , 6 6 0 $ 0 $5 , 6 4 0 $ 2 , 1 5 0 $ 4 , 0 0 0 $ 1 , 2 5 0 $ 9 7 , 7 0 0 $ 1 , 8 3 5 $4 , 2 5 0 $0 $ 0 $ 6 , 0 8 5 11 F a l l C o n c e r t - H i s p a n i c C o n c e r t 2 A S e p - 1 0 $ 0 $ 1 , 2 0 0 $ 7 , 6 0 0 $ 2 3 , 3 00 $ 0 $ 1 , 4 8 0 $ 9 5 0 $ 0 $ 3 4 5 $ 3 4 , 8 7 5 $ 4 0 0 $2 , 5 0 0 $0 $ 0 $ 2 , 9 0 0 12 Su n c o a s t J a z z C l a s s i c @ S h e r a t o n S a n d K e y 3 A N o v 0 9 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $0 $0 $ 1 , 6 0 0 $ 1 , 6 0 0 13 T a s t e o f C l e a r w a t e r - H a r b o r v i e w 3A S e p 1 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 14 I t a l i a n A m e r i c a n F e s t - S a n G e n a r r o F e s t a 2A F e b 1 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 15 F e s t i v a l o f T r e e s 3A N o v . 0 9 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 16 F l o r i d a O r c h e s t r a 2A Oc t 0 9 & M a y 1 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 17 I r o n m a n 7 0 . 3 T r i a t h l o n 3 A N o v . 0 9 $ 0 $ 2 , 2 0 0 $ 1 1 , 0 0 0 $ 5 4 , 2 9 0 $0 $ 7 , 9 5 0 $ 2 0 0 $ 5 , 0 0 0 $ 1 , 0 8 2 $ 8 1 , 7 2 2 $ 2 , 1 4 0 $0 $2 , 0 0 0 $ 2 8 , 0 0 0 $ 3 2 , 1 4 0 18 S e a B l u e s F e s t - S e a f o o d & B l u e s F e s t i v a l 2 A F e b - 1 0 $ 0 $ 1 , 1 0 0 $ 1 0 , 00 0 $ 1 5 , 6 6 0 $ 0 $ 5 , 2 0 0 $ 1 , 2 5 0 $ 0 $ 3 4 5 $ 3 3 , 5 5 5 $ 8 0 0 $3 , 5 0 0 $0 $ 0 $ 4 , 3 0 0 19 Ho s p i c e B e a c h S t r o l l 3 A A p r - 1 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $0 $0 $ 1 , 5 5 0 $ 1 , 5 5 0 Su b - t o t a l : $1 9 , 3 0 0 $ 9 , 6 0 0 $ 1 6 5 , 6 0 0 $ 1 6 4 , 1 5 0 $ 0 $ 3 1 , 5 1 3 $ 8 , 2 7 5 $ 9 , 0 0 0 $ 4, 5 6 8 $ 4 1 2 , 0 0 6 $ 1 0 , 0 3 6 $ 1 8 , 0 0 0 $ 2 , 0 0 0 $ 3 1 , 5 8 8 $ 6 1 , 6 2 4 22 Ev e n t C l a s s i f i c a t i o n s Cl a s s 2 A - C i t y S p o n s o r e d E v e n t 4 Cl a s s 3 A - C i t y C o - S p o n s o r e d E v e n t 5 Attachment number 1 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Approve a First Amendment to Agreement between the School Board of Pinellas County and the City of Clearwater providing the School Board assume all utility and other costs associated with the light poles and lights on the baseball fields at Countryside High School and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 29, 1990, the City of Clearwater and School Board of Pinellas County entered into an Agreement that the City install and maintain field lighting and other improvements to the baseball and soccer fields located at Countryside High School. The City in turn was allowed to use the school facilities for youth sports programs. The light poles on the baseball field were in need of replacement and the School Board has since replaced them with new poles and lights. Staff has requested that the School Board assume all utility and other costs associated with the light poles and lights on the baseball fields at Countryside High School. This First Amendment to Agreement accomplishes this and all other aspects of the Agreement remain in full force and effect. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Attachment number 1 Page 1 of 6 Attachment number 1 Page 2 of 6 Attachment number 1 Page 3 of 6 Attachment number 1 Page 4 of 6 Attachment number 1 Page 5 of 6 Attachment number 1 Page 6 of 6 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Approve Public Access License Agreement from West Central Florida Council, Inc., Boy Scouts of America providing a public access connection (corridor) between Soule Road Park and the Lake Chautauqua Equestrian and Nature Preserve; approve the First Amendment to License Agreement to Maintain Signage and Fence; authorize a Letter of No Objection to Pinellas County regarding the requested vacation by the West Central Florida Council, Inc., Boy Scouts of America of certain property, upon which said public access corridor is to be licensed and constructed, and authorize the appropriate officials to execute same. (consent) SUMMARY: In 1960, a deed from the Boy Scouts conveyed a parcel of land adjacent to the south of Camp Soule to Pinellas County “For Public Road, Drainage or Utility Purposes Only” (County Roadway Property). The West Central Florida Council, Inc, Boy Scouts of America has now requested vacation of the County Roadway Property from Pinellas County, which would vest a majority of the subject property in the West Central Florida Council, Inc, Boy Scouts of America, as adjoining property owner. The City of Clearwater owns property on both the east and west sides of the County Roadway Property, and as such, has requested that simultaneous to successful vacation of the County Roadway Property, the West Central Florida Council, Inc., Boy Scouts of America grant a Public Access License Agreement east to west along the property for the provision of public access connecting City-owned Soule Road Park and the Lake Chautauqua Equestrian and Nature Preserve. The West Central Florida Council, Inc., Boy Scouts of America has agreed to enter into the License Agreement, but has requested that the Public Access License Agreement, and a License Agreement to Maintain Signage and Fence, which had been previously granted by the City of Clearwater to the West Central Florida Council, Inc., Boy Scouts of America, be contingent, each upon the other continuing to exist. Finally, the Letter of No Objection to the vacation will be subject to the simultaneous effectiveness of both License Agreements. Approval of this item will benefit the public by providing safe access between two parks and allow for the connection of neighborhoods through future enhanced trails. It will secure more open space for future citizen’s use and provide an ecological corridor to preserve and protect wildlife. This will provide easy access to existing recreation trails and parks which when used for walking, jogging, cycling, etc. will improve citizen’s health, stamina, life span and general well being. Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.11815.1.PUBLIC_ACCESS_BOY_SCOUTS_LIC_AGREE_0110_(3).doc - 1 - PUBLIC ACCESS LICENSE AGREEMENT This PUBLIC ACCESS LICENSE AGREEMENT (“License”), is made and entered into this ______ day of ________________, 2010 by and between the WEST CENTRAL FLORIDA COUNCIL, INC., BOY SCOUTS OF AMERICA, a Florida not for profit corporation, whose mailing address is 11046 Johnson Boulevard, Seminole, Florida 33772-4715 (“Licensor” or “Boy Scouts”) and the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, whose mailing address is P. O. Box 4758, Clearwater, Fl. 33758-4758 Attn: City Manager (“Licensee” or “City”) (Whenever used herein the terms “Licensor” and “Licensee” shall include all of the parties to this instrument, and heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: 1. License Premises: In consideration of Licensee timely and fully complying with the covenants and conditions herein contained, and subject to Licensee joining with Licensor in successfully prosecuting the vacation of that portion of the 33 foot right-of-way as described in O. R. Book 857, Page 544, Pinellas County Public Records, of which the License Premises are a part, Licensor does hereby grant to Licensee and Licensee hereby accepts from Licensor, a non-exclusive License to utilize the following described premises owned by Licensor: A portion of the North ½ of the Southeast ¼ of Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, being more particularly described and depicted in EXHIBIT “A” appended hereto and by this reference made a part hereof. 2. Use of License Premises: Licensee shall have the right and privilege to utilize the above-described premises for the sole purpose of creating, constructing, installing, maintaining and replacing from time to time as Licensee deems appropriate, a full-width pervious or impervious public access corridor. All improvements shall be constructed and maintained by Licensee in accordance with all governmental regulations applicable thereto. 3. License Term: This License is granted to Licensee and extends indefinitely and shall run with the land until such time as the occurrence of any one, or more, of the following: a. Licensee abandons its use of the License Premises for a period of sixty (60) days; or, Attachment number 1 Page 1 of 4 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.11815.1.PUBLIC_ACCESS_BOY_SCOUTS_LIC_AGREE_0110_(3).doc - 2 - b. Material default by Licensee in the performance of any of the terms, covenants or conditions of this License, and in the failure of Licensee to remedy, or undertake to remedy such default for a period of thirty (30) days after receipt of Notice from Licensor to remedy same; or, c. Written mutual agreement executed by Licensor and Licensee to terminate this agreement. d. Upon termination by the City of that certain License Agreement To Maintain Signage and Fence, entered into by the parties on February 11, 2009, as amended of even date herewith, allowing for the placement and maintenance of signage and a fence on a parcel of City’s property immediately adjacent to the Boy Scout’s Camp Soule Property, as more particularly described therein. 4. At such time as any of the aforementioned events occur, all rights granted herein in favor of the Licensee shall automatically extinguish and the License Premises shall revert fully to the Licensor as if this License had never been granted. 5. Liability / Indemnification: Licensor will not accept and explicitly renounces any liability of any nature for use of the License Premises by the Licensee, its employees, agents, contractors, invitees and the general public. Licensee shall save and hold harmless the Licensor, its successors and/or assigns, from any and all liability arising from injury to person or property during the term hereof; provided, however, that Licensee shall be liable to Licensor only to the extent permitted by the limits of Florida Statutes 768.28, as may be amended, for any injury to person or property upon the License Premises occasioned wholly or in part by any negligent act or omission of the Licensee, its employees, agents, invitees and the general public. Nothing contained herein shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as creating third party beneficiaries or as consent by the Licensee to be sued by third parties in any manner arising from its acceptance of this grant of License. 6. Insurance: Licensee shall maintain, or provide through self-funding, throughout the term hereof, at Licensee’s sole expense, commercial general liability insurance, including bodily injury and property damage equal to the maximum limits of liability provided for in Section 768.28, Florida Statutes, plus any excess liability insurance coverage that may be purchased by Licensee. Any policies of insurance provided for herein to be carried by Licensee shall be issued by insurance companies certified to do business by the State of Florida and its insurance regulatory bodies; provided, however, Licensee may self-fund any risk provided for in this paragraph in lieu of purchasing insurance coverage therefore. 7. Other Provisions: Integral to the rights and privileges herein granted, the parties further agree as follows: a. Licensee shall at all times maintain the License Premises in compliance with all applicable City of Clearwater codes. Attachment number 1 Page 2 of 4 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.11815.1.PUBLIC_ACCESS_BOY_SCOUTS_LIC_AGREE_0110_(3).doc - 3 - b. Licensee shall be responsible for any and all maintenance of the License Premises, and all expenses for utilities required, if any, in the operation and maintenance of the License Premises. c. Licensee, at its sole expense, shall comply with all applicable Federal, State and Local environmental laws, and shall not allow the storage, use, disposal, or discharge by itself or others, of any contaminants or hazardous materials as defined in State, Federal or Local environmental laws on or about the License Premises. d. If this License, or its operation, shall create any ad valorem or other tax obligations, it shall be incumbent solely upon Licensee to timely discharge same. 8. Notice: Any notice given by one party to the other in connection with this License shall be sent by certified mail, return receipt, with postage and fees prepaid, addressed as follows: If to Licensor: Executive Director West Central Council Florida Council, Boy Scouts of America 1046 Johnson Boulevard Seminole, Florida 33772-4715 If to Licensee: City Attorney City of Clearwater P. O. Box 4748 Clearwater, Florida 33758-4748 9. Quiet Enjoyment: Upon observing and performing the covenants, terms and conditions required by this License, the Licensee shall peaceably and quietly hold and enjoy the License Premises for the indeterminate term as stipulated herein, without hindrance or interruption by Licensor. It is expressly understood and agreed that all rights of ownership of the License premises not inconsistent with the license rights herein conveyed to Licensee are reserved to Licensor. Subject to the terms and conditions hereof, Licensor shall have the right at its sole discretion to grant such other licenses, rights or privileges to other persons and entities so long as such grants shall not unreasonably interfere with rights and privileges conveyed herein to Licensee. 10. Entire Agreement: This License contains all of the terms, conditions and covenants binding the parties hereto. There are no other terms, conditions, covenants or understandings, either written or oral, binding upon the parties unless expressed herein in writing, or subsequently addended hereto by mutual agreement of the parties. IN WITNESS WHEREOF, the undersigned parties have hereunto affixed their hands and seals the day and year first above written. LICENSOR Attachment number 1 Page 3 of 4 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.11815.1.PUBLIC_ACCESS_BOY_SCOUTS_LIC_AGREE_0110_(3).doc - 4 - Signed, sealed and delivered WEST CENTRAL FLORIDA COUNCIL, In the presence of: INC., BOY SCOUTS OF AMERICA ______________________________ By: _______________________________ Witness signature Print Name ________________________ ______________________________ Title ______________________________ Print Witness name ______________________________ Witness signature ______________________________ Print Witness name LICENSEE Countersigned: CITY OF CLEARWATER, FLORIDA _________________________________ By: _______________________________ Frank V. Hibbard, Mayor William B. Horne, II, City Manager Approved as to form: Attest: _________________________________ _________________________________ Laura Mahony, Assistant City Attorney Cynthia E. Goudeau, City Clerk Attachment number 1 Page 4 of 4 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.11810.1.Signage_Fence_License_Amendment1_8_10.doc - 1 - FIRST AMENDMENT TO LICENSE AGREEMENT TO MAINTAIN SIGNAGE AND FENCE This FIRST AMENDMENT TO LICENSE AGREEMENT TO MAINTAIN SIGNAGE AND FENCE (“License”), is made and entered into this ______ day of ________________, 200__, (“Effective Date”) by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (“Licensor” or “City”), and the WEST CENTRAL FLORIDA COUNCIL, INC., BOY SCOUTS OF AMERICA, a Florida not for profit corporation, whose mailing address is 11046 Johnson Boulevard, Seminole, Florida 33772-4715 (“Licensee” or “Boy Scouts”) (individually referred to herein as “Party” or collectively as the “Parties”) . (Whenever used herein the terms “Licensor” and “Licensee” shall include all of the parties to this instrument, and heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WHEREAS, the Parties entered into that certain License Agreement To Maintain Signage and Fence, dated February 11, 2009 (“Signage and Fence License”) wherein Licensor granted Licensee the right, among other things, to maintain signage and a fence on Licensor’s property; and WHEREAS, of even date herewith, the Parties desire to enter into a second license agreement, more specifically, a Public Access License Agreement (“Access Agreement”) to be granted by Boy Scouts to City in consideration for the Signage and Fence License; and WHEREAS, as of the Effective Date of this Amendment, the Signage and Fence License and the Access License shall each be contingent upon the other continuing to exist. NOW THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, the Parties agree as follows W I T N E S S E T H: 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. License Reciprocity. Signage and Fence License, paragraph 4, License Term, is hereby amended to include subparagraph (d) as follows: “(d) License Reciprocity: The Signage and Fence License and the Access License as described herein, shall each be contingent upon the other continuing to exist. If either License is terminated in accordance with its terms or for any other reason, the remaining License shall automatically extinguish and the License Premises shall revert fully to the Licensor as if this License had never been granted. Attachment number 2 Page 1 of 2 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.11810.1.Signage_Fence_License_Amendment1_8_10.doc - 2 - 3. All other terms and conditions of the Signage and Fence License shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned parties have hereunto affixed their hands and seals the day and year first above written. Signed, sealed and delivered WEST CENTRAL FLORIDA COUNCIL, In the presence of: INC., BOY SCOUTS OF AMERICA ______________________________ By: ______________________________ Witness signature Print Name _______________________ ______________________________ Title _____________________________ Print Witness name ______________________________ Witness signature ______________________________ Print Witness name Countersigned: CITY OF CLEARWATER, FLORIDA _______________________________ By: _____________________________ Frank V. Hibbard, Mayor William B. Horne, II, City Manager Approved as to form: Attest: _______________________________ _____________________________ Laura Lipowski Mahony Cynthia E. Goudeau, City Clerk Assistant City Attorney Attachment number 2 Page 2 of 2 Attachment number 3 Page 1 of 2 Attachment number 3 Page 2 of 2 Attachment number 4 Page 1 of 1 Pinellas County Real Property Division Cynthia M. Harris, Real Estate Specialist 509 East Avenue South Clearwater, Florida 33756 RE: Letter of No Objection – West Central Florida Council, Inc. Boy Scouts of America Right-of-Way South of Camp Soule, Clearwater, Florida File Number: 1356 Dear Ms. Harris: Please consider this a formal letter of no objection from the City of Clearwater to vacation or release of that certain parcel as requested by the West Central Florida Council, Inc. Boy Scouts of America as more particularly described in the legal description and map attached hereto. Please note that the City’s position of no objection is hereby conditioned on a Public Access License Agreement (“Access License”) having been entered into between the parties on or around May 6, 2010, which shall assure a public access connection between City-owned Soule Road Park and the Lake Chautauqua Nature and Equestrian Preserve. Should the Access License not be executed as of the date of this letter or at the effective date of the proposed vacation, this letter shall be withdrawn with the City reserving the right to object to said vacation. Best regards, Frank V. Hibbard Attachment number 5 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) for $129,731.00 to Navistar, Inc. of Wesley Chapel, FL for one 2010 International 7600 12 yard Dump Truck in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: The dump truck will be purchased through the Florida Sheriff's Association and Florida Association of Counties Contract 09-17-0908 and quote 5726-01 dated Feb. 2, 2010 and specification 59. The dump truck is included in the Garage CIP Replacement List for Budget Year 09/10 and replaces G2292. G2292 is a 2001 Sterling LT 7500 with a 12 yard dump body and has over 90,000 miles. Type:Purchase Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$23,239.04 Annual Operating Cost:$26,984.05 Not to Exceed:Total Cost:$50,223.09 For Fiscal Year:2009 to 2010 Appropriation Code Amount Appropriation Comment 0316-94234-564100-519-000 $129,731.00 L/P CIP Bid Required?:No Bid Number: Other Bid / Contract: Fl Sheriff's Assoc and Fl Assoc of Cnties Cntr 09-17-0908 Bid Exceptions:None Review Approval: 1) Financial Services 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Approve the engineering design services work order to Engineer of Record, McKim and Creed, in the amount of $228,332.00 for the Clearwater Harbor Reclaimed Water Project (10-0008-UT); and approve the Cooperative Funding Agreement (CFA) with the Southwest Florida Water Management District (SWFWMD) which provides reimbursement of project costs up to $165,305 for design and permitting and up to $936,720 for construction of the reclaim system, for a total reimbursement of $1,102,025, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater continues to expand its reclaimed water system to serve its residents with water for irrigation and other non- potable uses as outlined in the 2007 Reclaimed Water (RCW) Master Plan Re-Evaluation. The next proposed project area for development has been identified as the Clearwater Harbor neighborhood, which is bound by Union Street to the north, Stevenson Creek to the south, and the intracoastal and Douglas Avenue to the west and east, respectively. The reclaimed water system is to be served by the existing distribution system, which is connected to the City’s Marshall Street Advance Pollution Control Facility. The project includes the design of approximately 25,700 linear feet of distribution piping with two subaqueous crossings of Stevenson Creek. The design phase is anticipated to be completed by October 31, 2010, with the construction phase scheduled for completion by December 31, 2011. The purpose of the Cooperative Funding Agreement is to accept SWFWMD funding in support of constructing reclaimed water service to the Clearwater Harbor area of the City of Clearwater. The Agreement between the City and SWFWMD includes reimbursement of up to 50% of the $2,204,050 costs of design, permitting and construction for pumping, transmission, and distribution of reclaimed water up to a maximum of $1,102,025. The City’s estimated share of the $2,204,050 total project costs is $1,102,025. There are no fees to the City associated with the SWFWMD Agreement portion of the agenda item. The Public Utilities Department shall own and maintain the proposed improvements included in this design Work Order. Sufficient 09 Water and Sewer Bond proceeds are available in 0376-96739-561300-533-000-0000 in the amount of $228,332 to fund this Work Order. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: Current Year Cost:$228,332.00 Annual Operating Cost: Not to Exceed:$228,332.00 Total Cost:$228,332.00 For Fiscal Year:2009 to 2010 Appropriation Code Amount Appropriation Comment 0376-96739-561300-533- 000-0000 $228,332.00see summary section Cover Memo Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:None Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Attachment number 1 Page 1 of 9 Attachment number 1 Page 2 of 9 Attachment number 1 Page 3 of 9 Attachment number 1 Page 4 of 9 Attachment number 1 Page 5 of 9 Attachment number 1 Page 6 of 9 Attachment number 1 Page 7 of 9 Attachment number 1 Page 8 of 9 Attachment number 1 Page 9 of 9 Attachment number 2 Page 1 of 27 Attachment number 2 Page 2 of 27 Attachment number 2 Page 3 of 27 Attachment number 2 Page 4 of 27 Attachment number 2 Page 5 of 27 Attachment number 2 Page 6 of 27 Attachment number 2 Page 7 of 27 Attachment number 2 Page 8 of 27 Attachment number 2 Page 9 of 27 Attachment number 2 Page 10 of 27 Attachment number 2 Page 11 of 27 Attachment number 2 Page 12 of 27 Attachment number 2 Page 13 of 27 Attachment number 2 Page 14 of 27 Attachment number 2 Page 15 of 27 Attachment number 2 Page 16 of 27 Attachment number 2 Page 17 of 27 Attachment number 2 Page 18 of 27 Attachment number 2 Page 19 of 27 Attachment number 2 Page 20 of 27 Attachment number 2 Page 21 of 27 Attachment number 2 Page 22 of 27 Attachment number 2 Page 23 of 27 Attachment number 2 Page 24 of 27 Attachment number 2 Page 25 of 27 Attachment number 2 Page 26 of 27 Attachment number 2 Page 27 of 27 STATE ST SUNNYDALE AP A C H E FAIRMONT TA NOKOMIS IROQUOIS CALUMET POINT DR AV E AV EFAIRMO N T E AV E MARSH A L L DR AVE SMINNE FO R T H A R R I S O N A V E SUN SE T D R PRINCESS PLEASANT BURST SUN CT VENETIAN LEBEAU OSAGE O MOHAWK VEN E T I A N S T E V E N S O N DR OV E R B R O O K Cardova SUNSET POINT DR AV E CR-576 SP R I N G T I M E RD DR SHERIDANAV E CR - 3 45 COL E S ALOHA PI N E L A ND WA S H I N GTO N MA DIS ON BECKETT GRANT CARLTON TA F T MON R OE FU L TO N MARSHALL AV E ST BECKETT ST AV E ST ST RUSSELL D R T R A I L AVE O V E R B R O O K H A R B O R ST A V E DO U G L A S AV E BRO O K SY L V A N CAROLYN VISTA ST WAY S T E V E N S O N WAS H I N G T O N MA C O M B E R CH E N A N G O BE T T Y PARKWOOD WOODBINE SPRINGDALE CARO L TO N CK CLAIRE S T O DR O RO L L EN SANDY MARY TERRACE FAIRMONT C R - 5 6 0 JA D E RD L SEDEEVA EDGE W A T E R DR WOODLAWN IDLEWILD CIR SEDEEVA ST CIRS MARINE CHARLES GRANADA AN C H O RA G E WI L SO N ST ST ST COMMODORE BLV D ST BR O A DW A Y SEDEEVA Pl a z a IVA ST GRANADA Do l o r e s OAK D A L E Starboard PORT PALM BERMUDA AV E LA BERTLAND ARBELIA PO I N S E T T A PI N E C R ES T N CR - 3 5 5 TERR ST ST AV E DR Lan t a na MA L L TH E Edgewater Terr Dr NORFOLK RICHMOND GR O V E CIR CIR S HI G H L A N D ST ST Location Map Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com JHHRF 251A 260A XXX11/2/2009Map Gen By:Reviewed By:S-T-R:Grid #:Date:N.T.S. City of Clearwater, Clearwater Harbor Reclaimed Water Service Area Reclaimed Service Area Proposed Reclaimed Existing Reclaimed Outside CLWTR City Limits Legend Attachment number 3 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD), which provides reimbursement of project costs up to $225,000, for the City of Clearwater Groundwater Replenishment Program, approve a work order to Leggette, Brashears and Graham (LBG) in the amount of $160,000 for hydrogeologic engineering services, approve a work order to Tetra Tech in the amount of $290,000 for professional engineering services, and authorize the appropriate officials to execute same. (consent) SUMMARY: This agenda item provides for engineering and preliminary design services in support of a formal feasibility study for the City of Clearwater Groundwater Replenishment Project. The results of this effort will determine whether or not the project is technically and financially viable and in the best interests of the City, resulting in recommendations on how to proceed and whether or not the project will qualify for future cooperative funding through SWFWMD. The premise of this future project would be to utilize highly treated effluent produced at an existing City of Clearwater Water Reclamation Facility (WRF), treat it to beyond drinking water standards and inject the purified water into the aquifer to recharge and/or supplement the existing aquifer water levels. The result would have multiple benefits to the City and environment by reducing the discharge of effluent to surface waters, recharging the aquifer, allowing for additional safe yield from the City’s wellfield and extending the life of the wellfield. This project study area involves proposed facilities at the Northeast WRF and injection wells in Northern Clearwater. The study is anticipated to be completed by December 2010. LBG and Tetra Tech are Engineers-of-Record with the City of Clearwater, and these work orders were negotiated in accordance with the Consultants Competitive Negotiations Act. The Cooperative Funding Agreement between the City and SWFWMD includes reimbursement of up to 50% of the cost of design, permitting and construction costs for up to a maximum of $225,000 for Fiscal Year 2010. The City’s estimated share of these project costs is $225,000. There are no fees to the City associated with the SWFWMD Agreement portion of the agenda item. Mid-Year amendments will increase the budget for Other Governmental Revenues (337900) in project 0315-96721, System R and R Maintenance for SWFWMD's share of this contract in the amount of $225,000.00 (for which the City will be reimbursed) and transfer $225,000.00 of 2009 Water and Sewer Bond proceeds from Project 0376-96742, Line Relocation Capitalized to Project 0376-96721, System R and R Maintenance. Type:Capital expenditure Current Year Budget?:No Budget Adjustment:Yes Budget Adjustment Comments: See summary Current Year Cost:$450,000 Annual Operating Cost: Not to Exceed:$450,000 Total Cost:$450,000 For Fiscal Year:2009 to 2010 Cover Memo Appropriation Code Amount Appropriation Comment 0315-96721-561300-533- 000-0000 $145,000See summary 0376-96721-561300-533- 000-0000 $145,000See summary 0315-96721-561300-533- 000-0000 $ 80,000See summary 0376-96721-561300-533- 000-0000 $ 80,000See summary Review Approval: 1) Office of Management and Budget 2) Legal 3) Engineering 4) Office of Management and Budget 5) Legal 6) Clerk 7) Assistant City Manager 8) Clerk 9) City Manager 10) Clerk Cover Memo TETRA TECH WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: October 28, 2009 Project Number:___________ City Project Number:_______ 1. PROJECT TITLE: Groundwater Replenishment Feasibility Study 2. SCOPE OF SERVICES: The City of Clearwater (City) is investigating the feasibility of replenishing the aquifer system in the City with highly purified reclaimed water. This effort is targeted to reduce the City’s discharge of reclaimed water to surface waters and more fully utilize this water resource. Tetra Tech will provide consulting services to the City for the Feasibility Study of this Groundwater Replenishment (GWR) Feasibility Study as outlined below. Resource Trends, Inc. will provide assistance with the public information scope of this project. Leggette, Brashears, and Graham, Inc. will provide the hydrogeologic services for this project under a separate contract with the City. Tetra Tech proposes to provide the following scope of services for this project: 1. Hydrogeologic Services Legette, Brashears & Graham, Inc. (LBG) will perform the hydrogeologic services for this project, including the groundwater modeling. LBG will perform this work under a separate contract with the City. With respect to the hydrogeological work to be performed by LBG, Tetra Tech will review the data sources and assumptions (e.g. boundary conditions, time steps for transient models) used for construction of the groundwater flow, transport and geochemical models and will assist with determining the simulations that need to be run from a water use permitting perspective as well as from the operational perspective. We will review flow and transport model calibration methods and targets, and review the sensitivity analyses of each model and make comments to LBG and the City. We will attend one (1) meeting with the City and LBG to develop the conceptual models and simulations. Attachment number 1 Page 1 of 8 We will attend one meeting with the City and LBG to discuss the approach to developing the Water Use Permit (WUP) application and one meeting to discuss the approach to the Underground Injection Control (UIC) permit application. 2. Public Information Tetra Tech will work with the City to develop a public information program for this early phase of the project. Successfully implementing indirect potable reuse requires a clear understanding of how it will initially be perceived, how to describe its value, and how to conduct an effective outreach program. To help the City meet these objectives, Tetra Tech will utilize Resource Trends, Inc. to assist in this effort and provide the following support: A. Conduct Collaborative Workshop with City Staff Resource Trends will prepare for and facilitate an interactive workshop designed to help the City efficiently and cost-effectively implement an outreach process. This process will focus on building important community relationships and helping policy makers feel safe to support potable reuse. • Fundamental Principles of Public Perceptions and Branding • How Recycled Water is “Branded,” and Building a Positive Brand • Different Grades of Recycled Water and Specific Perception Issues • Creating Water Quality Confidence • Ensuring Good Policy Decisions o Working with Elected Officials • Managing Disagreement and Conflict o Addressing the Disproportionate Influence of Vocal Opponents o Addressing the “Growth” Issue • Case Studies of Past Projects (Positive and Negative Outcomes) • Discussing the Unique Issues Facing the City o Making the Case for Investing in Groundwater Replenishment • Effective Public Outreach Strategies o Avoiding the “Decide, Announce, Defend” Approach o Building Relationships with Active and Important Community Members o Getting Feedback from the Community Customer Surveys, Focus Groups, Listening o Focusing on the Relationship with Policy Makers The workshop content is based on research conducted by Resource Trends through the WateReuse Foundation and Resource Trends’ focus on branding of utilities and recycled water. Based on the insights gathered during the workshop, Resource Trends will make specific recommendations to the City for leading a productive dialogue with the community and region. This workshop process will provide a strong foundation for future outreach efforts. B. Develop an Investment Executive Summary Attachment number 1 Page 2 of 8 People buy or invest when they understand the value of a product or project. People assess risks in the context of value, which is why we drive automobiles, fly in airplanes, and why some people hang glide or jump out of airplanes. The context for the perceived risks of indirect potable reuse is the compelling value and benefits that a project will provide the City. Resource Trends will draft an investment executive summary (3-5 pages) that conveys the compelling value and logic behind the City’s groundwater replenishment proposal. The messages in this executive summary can be used to create a single-page fact sheet and a PowerPoint presentation. As part of this task, Resource Trends will provide specific recommendations for the structure the fact sheet and PowerPoint presentation. C. Edit Collateral Materials Resource Trends will edit the fact sheet and PowerPoint presentations developed by Clearwater for the project. 3. Characterize Reclaimed Water In order to characterize the City’s reclaimed water, Tetra Tech will summarize up to five (5) years of existing data. Additional reclaimed water sampling will be required to complete portions of this scope of services. Tetra Tech will develop the recommended sampling plan for the City to implement. 4. Characterize Groundwater Quality in Replenishment Area In order to characterize the groundwater in the area proposed for the aquifer replenishment wells, Tetra Tech will summarize existing data from the City, SWFWMD and USGS and make a recommendation for future data collection. 5. Evaluate the Blending of Purified GWR Water with Existing Groundwater Tetra Tech will summarize the projected water quality of the purified GWR water and the existing water quality of the groundwater in the proposed replenishment area, and provide this data to LBG for use in their geochemical modeling. Tetra Tech will review the results of the geochemical modeling and make recommendations on treatment modifications if required based on the geochemical modeling results. 6. Develop Preliminary Water Quality Monitoring Program A preliminary program to monitor the quality of the water produced by the GWR purification plant and the quality of the groundwater in the replenishment area will be developed, including the proposed locations and depths of monitoring wells. Locations and depths of monitoring wells will be determined by the groundwater flow model developed by LBG. Issues such as groundwater monitoring well locations and sampling intervals will be discussed with the FDEP during the pre-application meeting. The groundwater flow patterns (direction and rate) under steady-state and transient conditions (long-term average pumpage and short term high rates of pumpage) as identified by LBG will be reviewed and utilized during development of the preliminary groundwater water quality monitoring program. The preliminary monitoring program will Attachment number 1 Page 3 of 8 be utilized in initial discussions with FDEP, but a more detailed program will be developed as part of the UIC permitting process under a later authorization. 7. Meet with Regulatory Agencies Up to four (4) meetings each with the FDEP and the SWFWMD’s Permitting Departments will be conducted to discuss permitting requirements for the GWR project. Issues such as permitting jurisdiction and the schedule for permit reviews will be discussed. 8. Review Proposed TMDLs for the City's Surface Water Discharge for Reclaimed Water The proposed TMDLs for the City's surface water discharge will be reviewed and preliminary planning level costs will be provided for additional treatment at the Northeast Water Reclamation Facility that may be necessary to meet the TMDL requirements if the City continues to discharge reclaimed water to Tampa Bay. 9. Develop Pilot GWR Purification Plant Preliminary Design Based on discussions with FDEP and SWFWMD on the regulatory requirements for the proposed GWR purification process, Tetra Tech will prepare preliminary design documentation for a pilot program. The pilot system is expected to include the following primary components: microfiltration (MF), Reverse osmosis (RO), and advanced oxidation using ultraviolet (UV) and hydrogen peroxide H2O2. The preliminary pilot design will include identification of an area for the public to view the pilot equipment as well as an illustration of the pilot process. 10. Update Preliminary Plans The preliminary plans developed during the Preliminary Feasibility Study will be updated and revisions to the preliminary site, mechanical and yard piping plans for the proposed GWR facility, including the proposed well system at the City’s Northeast Water Reclamation Facility (NEWRF), will be included. 11. Updated Equipment List The preliminary equipment list developed during the Preliminary Feasibility Study will be updated and revisions to the equipment list outlining mechanical, process, electrical and instrumentation for the proposed GWR facility will be included. This equipment list will be used to update the preliminary opinion of construction cost. 12. Update Preliminary Opinion of Construction Cost The preliminary opinion of construction cost developed during the Preliminary Feasibility Study will be updated. The preliminary opinion of construction cost will be based on recent applicable construction bid pricing. 13. Update Preliminary Opinion of Operating Costs The preliminary opinion of operating costs developed during the Preliminary Feasibility Study will be updated. The following will be considered: A. Energy Attachment number 1 Page 4 of 8 B. Labor C. Maintenance and Repair D. Chemicals E. Water Quality Testing and Reporting 14. Prepare Feasibility Report Tetra Tech will summarize our findings, preliminary plans and preliminary opinions of cost in a Feasibility Report. Five (5) copies of a draft report will be presented to the City. Tetra Tech will meet with the City to discuss comments. After receiving comments, Tetra Tech will update the report and issue five (5) copies of the final report to the City. 3. PROJECT GOALS: Tetra Tech will prepare five (5) copies of a draft report that will be presented to the City. Tetra Tech will meet with the City to discuss comments. After receiving comments, Tetra Tech will update the report and issue five (5) copies of the final report to the City. 4. BUDGET: The breakdown of the project costs are shown in the table in Attachment B. This price includes labor and expenses anticipated to be incurred by Tetra Tech for the completion of these tasks, on a lump sum basis, for a fee of Two Hundred Ninety Thousand Dollars ($290,000.00). No permit applications are included in this scope of work and therefore not permit application fees are included. 5. SCHEDULE: The project is to be completed by September 30, 2010, with an issuance date of notice-to proceed of December 1, 2009. The project deliverables are to be phased as follows: Deliver Draft Report (5 copies) to City August 1, 2010 Deliver Final Report (5 copies) to City September 1, 2010 6. STAFF ASSIGNMENT (Consultant): Key technical personnel scheduled to work on this project are as follows: Emilie Moore, P.E. - Senior Project Manager Steve Tedesco, P.E. - Senior Advisor Mark Wilf, Ph.D. - Membrane Expert James Christopher, P.E. - Senior Process Engineer Jon Bundy, P.E. - Design Engineer Jarrett Kinslow, P.E. - Design Engineer 7. CORRESPONDENCE/REPORTING PROCEDURES: Attachment number 1 Page 5 of 8 ENGINEER’s project correspondence shall be directed to Emilie Moore. All City project correspondence shall be directed to Robert Fahey with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attn: Veronica Josef, Senior Staff Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: _____________________________ 9. ITEM 9 INTENTIONALLY LEFT BLANK 10. SPECIAL CONSIDERATIONS: None at this time. PREPARED BY: APPROVED BY: ________________________ ________________________ Emilie A. Moore, P.E. Michael D. Quillen, PE Tampa Area Regional Manager City Engineer Tetra Tech, Inc. City of Clearwater ___________________ ___________________ Date Date Attachment number 1 Page 6 of 8 {Add the following as an Attachment:} CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment “A” CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address tom.mahony@clearwater-fl.com All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment number 1 Page 7 of 8 ATTACHMENT B CITY OF CLEARWATER Groundwater Replenishment Preliminary Feasibility Report PPRROOJJEECCTT BBUUDDGGEETT Tetra Tech Subconsultant Task Description Services Labor Total 1 Hydrogeologic Services $19,000 2 Public Information $13,000 $4,800 3 Characterize Reclaimed Water $14,400 4 Characterize Groundwater Quality in Replenishment Area $23,700 5 Evaluate Blending of Purified GWR Water w/Groundwater $30,100 6 Develop Preliminary Water Quality Monitoring Program $21,200 7 Meet with Regulatory Agencies $24,100 8 Review Proposed TMDLs for City’s Surface Water Discharge for RCW $14,800 9 Develop Pilot GWR Purification Plant Preliminary Design $24,500 10 Update Preliminary Plans $14,400 11 Update Equipment List $8,000 12 Update Preliminary Opinion of Construction Cost $11,200 13 Update Preliminary Opinion of Operating Cost $11,100 14 Prepare Feasibility Report $54,900 $289,200 Subtotal, Labor and Subcontractors $289,200 Permit Review Fees $0 Other Direct Costs (prints, photocopies, postage, etc) $800 Grand Total $290,000 Attachment number 1 Page 8 of 8 LEGGETTE, BRASHEARS & GRAHAM, INC WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: March 24, 2010 Project Number:___________ City Project Number:_______ 1. PROJECT TITLE: Groundwater Replenishment Feasibility Study for the City of Clearwater 2. SCOPE OF SERVICES: Leggette, Brashears & Graham, Inc. (LBG) will be assisting the City of Clearwater (City) by providing hydrogeologic services as part of a Feasibility Study for Groundwater Replenishment. This feasibility study is required to support funding provided by the Southwest Florida Water Management District (SWFWMD) for development of an alternative water source. The SWFWMD is providing 50% of the funding needed to perform this study, which is expected to be completed by the fourth quarter of 2010. Groundwater Replenishment is to be accomplished using highly treated wastewater from the City’s three wastewater treatment facilities. It is our understanding that approximately 3 million gallons per day (MGD) of treated wastewater on the average will be available for this project. The SWFWMD is very interested in this “Alternative Supply” project and wants to ensure that there is no risk to the groundwater resources and other groundwater users in the area. This Hydrogeologic evaluation is intended to address those issues. The Florida Department of Environmental Protection (FDEP) will also eventually be involved with this project through the Underground Injection Control (UIC) permitting regulations. There is a Technical Advisory Committee (TAC) made up of representatives of the FDEP, SWFWMD and the USGS that review all UIC projects regarding the injection of significant quantities into the groundwater system. This UIC process will be initiated when the groundwater exploratory well construction and testing phase begins. This UIC permitting phase will likely begin immediately after this Feasibility Study is completed, which will be at the end of the 2010 fiscal Attachment number 2 Page 1 of 9 year. However, we believe that discussions with the FDEP on the treatment and injection processes are a key part of this feasibility study. This phase of the project will be completed under this WORK ORDER. This WORK ORDER consists of the review of existing hydrogeologic and water use data, modeling, geochemical analysis, cost estimating, coordination with regulatory agencies, and reporting. Task 1- Review and evaluation of existing data LBG will obtain and review existing hydrogeologic data for the project area consisting of groundwater quality data for the various zones of the Upper Floridan aquifer, aquifer characteristics, logs for existing wells in the area, and groundwater levels for the project area. Task 2 – Review of other water users in the area LBG will perform a WUP inventory and private well inventory in the project area. This exercise is needed to determine the locations of other groundwater users in the project area. These users will be mapped and determination made as to the relationship of the potential groundwater replenishment on their water use. It should be noted, that in most cases, groundwater replenishment could likely be a benefit to other users in the area. Task 3 - Groundwater Modeling Groundwater modeling will be performed to evaluate the effect of replenishment on water levels in the aquifer system, and the travel times of the injected water through the aquifer system to water supply wells in the area. The modeling effort will begin with a review of the existing models of the Clearwater area. The model used by LBG for the recent Water Use Permit modification for the City is strictly a groundwater flow model, and is not suitable in it’s present form for particle tracking (travel time) of transport modeling. The model currently used by SDI Environmental is a MODFLOW groundwater flow model with an associated variable-density transport model using SEAWAT. This model is focused on the southern portion of the City related to the brackish groundwater expansion project, and the data used to build and calibrate the model is specific to the southern area. We will review this model to evaluate it’s suitability for use on this project, either directly, or as a data source for a separate model developed for the area of the proposed replenishment project. The first step is to develop and calibrate a groundwater flow model using MODFLOW. The flow model is used to evaluate the effect of replenishment on water levels in the aquifer, and the associated reduction in drawdown from the City’s water supply wells. The flow model also provides the framework for subsequent particle tracking and transport modeling. Attachment number 2 Page 2 of 9 Particle tracking will be performed using MODPATH. MODPATH essentially tracks particles from the source along flow lines determined by the potentiometric surface configuration from the MODFLOW groundwater flow model. The results of the MODPATH model show the flow directions and travel times from the recharge wells to water supply wells in the area. Particle tracking assumes a conservative solute that is not affected by retardation or dilution, and is simply based on flow gradient and aquifer properties. Transport modeling is used to evaluate the reduction in concentration of a solute from its’ point of origin due to dilution, dispersion, and other appropriate, quantifiable retardation factors. Solute transport modeling can be performed assuming no density variations (MT3D) or density variations (SEAWAT) in the aquifer, or between the injected water and native groundwater. Since the injected water is proposed to be treated to drinking water quality, there may not be a need to evaluate concentration reduction of the injected water via transport modeling. However, depending on the magnitude of the difference in total dissolved solids between the injected water and native groundwater, density differences could play a role in affecting the distribution of water quality in the aquifer. Based on our evaluation of water quality from Task 1, and information on the projected quality of the replenishment water, we will perform the appropriate transport modeling to evaluate potential water-quality effects. Both MT3D and SEAWAT are run using the same MODFLOW framework as used for the flow and particle tracking model. Task 4 – Geochemical Analysis for Potential Limestone Dissolution The injection of highly treated wastewater into the limestone of the Upper Floridan aquifer may have the long-term potential of causing additional dissolution of limestone. Such dissolution could result in enlargement or formation of karst features such as caves and conduits, which ultimately might result in the future surface collapse. It is important to know whether these injected waters are aggressive, that is, whether they have a geochemical potential to dissolve limestone. This can be accomplished by evaluating the chemical composition of the highly treated wastewater, specifically for calcium, bicarbonate, pH and total organic carbon and then determining how much additional limestone could be added to bring the water to "saturation" with the minerals in the aquifer. With representative chemical concentrations, the total amount of limestone that could be dissolved over time can then be estimated. Task 5 - Coordination with SWFWMD and FDEP There are two primary regulatory areas to be addressed for this project. The first is with SWFWMD regulatory staff related to Water Use Permitting for this project, specifically how this type of Alternative Source is factored into the City’s Attachment number 2 Page 3 of 9 WUP. We will attend up to three meeting with regulatory staff to discuss the replenishment project, how it will be factored into the WUP, the mechanism for how it can offset potential increases in withdrawal from the supply wells, and what type of analysis will be required for the permitting process that will occur in the next phase of the project. The other regulatory area to be addressed is the permitting of the recharge wells as injection wells through the FDEP. While the actual permitting process is part of the subsequent phase of this project, the feasibility of the project is dependent on the permittability of injection of the treated water into a potable aquifer. Based on the information presented in the Preliminary Feasibility Report, it appears that direct recharge of reclaimed water with additional treatment provided to meet Florida Primary and Secondary Drinking Water Standards meets all the regulatory requirements for injection. In this task we will meet with the FDEP and other members of the UIC Technical Advisory Committee (TAC) to discuss the project, provide details of the treatment process and finished water quality, discuss the arsenic issue, and identify what will need to be addressed and provided in the permitting process. We anticipate up to four meetings will be attended for this task. Task 6 - Prepare Cost Estimate LBG will develop a cost estimate for the subsequent phase of the project, which is anticipated to include UIC permitting, construction and testing of a test injection (replenishment) well, refinement of the groundwater modeling based on new data collected, and Water Use Permitting. Task 7 – Technical Report LBG will prepare a report that includes a detailed description of the methodology used and results of our hydrogeologic and modeling evaluation and a summary of the discussions with the regulatory agencies regarding regulatory issues and permitting. 3. PROJECT GOALS: The following work products will be submitted during the project: 1) Modeling Report 2) Geochemical Analysis 3) Cost Estimate for Funding 4) Feasibility Report LBG will provide 15 copies of all documents to the City, which includes the copies to be submitted to the SWFWMD. All original formatted documents will also be provided in electronic format. It is anticipated that monthly meetings will be Attachment number 2 Page 4 of 9 held with the City during this project, and up to four meetings will be held with the SWFWMD. 4. BUDGET: A table is included with this WORK ORDER INITIATION FORM that depicts the total cost per task for these hydrogeologic services – see Attachment “B”. This price includes all labor and expenses anticipated to be incurred by Leggette, Brashears & Graham, Inc for the completion of these tasks, on a lump sum basis, for a fee of $160,000. Any necessary permit application fees will be paid by the consultant and invoiced to the City as a reimbursable. 5. SCHEDULE: The following schedule is defined in terms of the seven project tasks defined for WORK ORDER I. The phases are performed both consecutively and concurrently. Some phases will start contingent on the completion date of the previous phase, while some phases run concurrent with other phases. The project is to be completed in approximately 9 months or 270 days from issuance of notice- to-proceed. The project activities are to be phased as follows: Task 1- Review and evaluation of existing data 30 days Task 2 – Review of other water users in the area 15 days Task 3 - Groundwater Modeling 90 days Task 4 – Geochemical Analysis for Potential Limestone Dissolution 30 days Task 5 - Coordination with SWFWMD and FDEP 180 days Task 6 - Prepare Cost Estimate 15 days Task 7 – Technical Report 30 days 6. STAFF ASSIGNMENT (Consultant): David A. Wiley, P.G. – Project Manager Jeffrey M. Trommer – Lead Project Hydrogeologist Roy Silberstein – Lead Professional Engineer Richard Cofer – Hydrogeologist II Tim Harrell – Drafting/Technician Dayna Green – Clerical 7. CORRESPONDENCE/REPORTING PROCEDURES: Attachment number 2 Page 5 of 9 ENGINEER’s project correspondence shall be directed to David A. Wiley, P.G.. All City project correspondence shall be directed to Robert Fahey, P.E. with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attn: Veronica Josef, Senior Staff Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly on a time and material basis in accordance with the attached fee schedule. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: _____________________________ 9. ITEM 9 INTENTIONALLY LEFT BLANK 10. SPECIAL CONSIDERATIONS: None PREPARED BY: APPROVED BY: ________________________ ________________________ David A. Wiley Michael D. Quillen, PE Sr. Vice President City Engineer Leggette, Brashears and Graham, Inc. City of Clearwater ___________________ ___________________ Date Date Attachment number 2 Page 6 of 9 {Add the following as an Attachment} CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment “A” CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address tom.mahony@clearwater-fl.com All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment number 2 Page 7 of 9 ATTACHMENT B CITY OF CLEARWATER PERMITTING AND CONSTRUCTION OF A CLASS I CONCENTRATE INJECTION WELL PPRROOJJEECCTT BBUUDDGGEETT Leggette, Brashears & Graham, Inc. Sub-consultant Task Description Services Labor Total 1.0 Review and evaluation of existing data $7,370 $7,370 2.0 Review of other water users in the area $3,408 $3,408 3.0 Groundwater Modeling $98,080 $98,080 4.0 Geochemical Analysis $9,802 $9,802 5.0 Coordination with SWFWMD and FDEP $9,816 $9,816 6.0 Prepare Cost Estimate $4,906 $4,906 7.0 Technical Report $23,480 $23,480 Subtotal, Labor and Subcontractors $156,862 Other Direct Costs (prints, photocopies, postage, etc) $3,138 Grand Total $160,000 Attachment number 2 Page 8 of 9 CITY OF CLEARWATER ENGINEER OF RECORD RFQ 12-09 2009 DIRECT HOURLY RATES LEGGETTE, BRASHEARS AND GRAHAM, INC. Job Classification Minimum Rate ($ / hour) Typical Maximum Senior Vice President $63.75 $64.90 $68.15 Vice President/Officer-in-Charge $63.75 $64.90 $68.15 Project Manager/Associate Principal $48.00 $50.96 $62.00 Construction Manager $25.00 $25.72 $37.00 Construction Engineer Senior Engineer/Scientist $25.00 $25.72 $37.00 Engineer/Scientist (III-IV) $24.00 $25.00 $29.00 Engineer/Scientist (I-III) $20.00 $22.60 $27.00 Planner Landscape Architect Field Technician $21.50 $22.50 $35.10 Senior Designer Drafter/CADD Operator $21.50 $22.50 $35.10 Operations Specialist Fiscal/Accounting $17.00 $20.00 $34.00 Administrative/Clerical $17.00 $18.66 $31.00 MULTIPLIER: 3.4 Attachment number 2 Page 9 of 9 Attachment number 3 Page 1 of 19 Attachment number 3 Page 2 of 19 Attachment number 3 Page 3 of 19 Attachment number 3 Page 4 of 19 Attachment number 3 Page 5 of 19 Attachment number 3 Page 6 of 19 Attachment number 3 Page 7 of 19 Attachment number 3 Page 8 of 19 Attachment number 3 Page 9 of 19 Attachment number 3 Page 10 of 19 Attachment number 3 Page 11 of 19 Attachment number 3 Page 12 of 19 Attachment number 3 Page 13 of 19 Attachment number 3 Page 14 of 19 Attachment number 3 Page 15 of 19 Attachment number 3 Page 16 of 19 Attachment number 3 Page 17 of 19 Attachment number 3 Page 18 of 19 Attachment number 3 Page 19 of 19 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Reappoint Peggy Cutkomp as the Real Estate Professional in connection with affordable housing representative to the Neighborhood and Affordable Housing Advisory Board with the term to expire May 31, 2014. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB)TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: N/A (See Special Qualifications) MEMBERS: 7 CHAIRPERSON: Kip Corriveau MEETING DATE: 2nd Tues. most months PLACE: Determined when called APPTS. NEEDED: 1 STAFF LIAISON: Michael Holmes SPECIAL QUALIFICATIONS: Board to have 1 member in each: Real Estate Professional in Connection with Affordable Housing; Clearwater Resident; Residential Home Building Industry; Advocate for Low Income Housing; Not For-Profit Provider of Affordable Housing; Banking/Mortgage Industry; Employer’s Representative. THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Peggy Cutkomp – 1955 McKinley St., 33765 – Original appointment 6/18/1998 Interested in reappointment: Yes (2nd term expires 5/31/2010) (0) Absences in the past year Real Estate Professional in Connection with Affordable Housing 2. Donald F. Brackett – 1423 S. Hercules Ave., 33764 – Original appointment 4/3/2003 Interested in reappointment: No (1st term expires 5/31/2010) Residential Home Building Industry - ** Pending Nominees for this category Zip codes of current members: 1 – 33710 1 – 33755 1 – 33759 1 – 33760 1 – 33764 1 – 33765 1 – 33767 Current Categories: 1 Advocate for Low Income Housing 1 Banking/Mortgage Industry 1 Clearwater Resident 1 Employer’s Rep 1 Not For-Profit Provider of Affordable Housing 1 Real Estate Professional in Connection with Affordable Housing 1 Residential Home Building Industry Cover Memo Review Approval:1) Clerk Cover Memo Attachment number 1 Page 1 of 2 Attachment number 1 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Appoint a member and reappoint Aubrey "Brooks" Hammac and Ray Shaw to the Parks and Recreation Board with terms to expire May 31, 2014. SUMMARY: APPOINTMENT WORKSHEET BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Ray Shaw MEETING DATES: Quarterly (4th Tues.) - Jan., April, July, Oct. PLACE: MSB Conference Room 130 APPTS. NEEDED: 3 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Aubrey “Brooks” Hammac – 2035 Rebecca Dr., 33764 – Retired/BS Industrial Eng. Original appointment – 5/4/2006 Interested in reappointment: Yes (Ending 1st term 5/31/10) (2) absences in the past year 2. Ray Shaw – 2972 Clubhouse Drive West, 33761 – Ins. Adjuster/own business Original appointment – 5/4/2006 Interested in reappointment: Yes (Ending 1st term 5/31/10) (1) absence in the past year 3. Martha Jane Williams – 217 North Hillcrest Drive, 33755 - Retired Original Appointment 4/4/2007 Resigned 1/25/2010 – (Was serving 1st term to expire 4/30/2011) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Thomas Fletcher – 1875 Sunset Point Rd., #712, 33765 – Painter-Handyman(Served 2 full terms in the past – 2nd term expired 5/31/09) 2. Jason Robert Happe – 2045 Anchorage Way, 33755 - Firefighter 3. Gerald J. Thompson – 2666 Cascade Court, 33761 – Business Management Zip codes of current members on board: 1 at 33755 1 at 33761 2 at 33764 2 at 33767 Cover Memo Review Approval:1) Clerk Cover Memo Attachment number 1 Page 1 of 3 Attachment number 1 Page 2 of 3 Attachment number 1 Page 3 of 3 Attachment number 2 Page 1 of 2 Attachment number 2 Page 2 of 2 Attachment number 3 Page 1 of 2 Attachment number 3 Page 2 of 2 Attachment number 4 Page 1 of 2 Attachment number 4 Page 2 of 2 Attachment number 5 Page 1 of 2 Attachment number 5 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Authorize the City Attorney to hire William D. Brinton, RogersTowers, P.A., to review portions of the Community Development Code regarding signs, make recommendations as to any necessary amendments, and review recommendations of stakeholder groups, in the total amount not to exceed $10,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: The City Attorney’s Office determined that revisions to the City’s sign Code [portions of Article 3, Community Development Code] may be necessary as a result of the opinion of the United States District Court for the Middle District of Florida in The Complete Angler, et al. v. City of Clearwater, Case No. 8:09-CV-0346-T-27EAJ. At its meeting of April 15, 2010, the City Council directed the City Attorney to retain William D. Brinton, Esq., of the law firm of RogersTowers, P.A. to review the sign code and make recommendations for any amendments deemed necessary or advisable. Additionally, the Planning and Development Department is working with stakeholder groups regarding certain areas of interest, including murals and sandwich board signs, and it is advisable that outside counsel review any proposed sign code amendments arising from those discussions. The total funding of $10,000 will come out of the City Attorney’s professional services budget. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:$10,000 Total Cost: For Fiscal Year:10/01/09 to 09/30/10 Appropriation Code Amount Appropriation Comment 010-09600-530100-514-000 $10,000 Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:Sole Source Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo LEGAL SERVICES AGREEMENT THIS AGREEMENT is made on the ____ day of __________, 2010, by and between the CITY OF CLEARWATER, FLORIDA, Post Office Box 4748, Clearwater, Florida 33758-4748 (the "City") and the law firm of Rogers Towers, P.A., 1301 Riverplace Boulevard, Suite 1500, Jacksonville, Florida 32207-9047 (“Counsel"). W I T N E S S E T H: WHEREAS, the City wishes to retain a firm to serve as Counsel in the following matters: review portions of the Community Development Code, make recommendations as to any necessary amendments, and review recommendations of stakeholder groups. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto do hereby agree as follows: SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is hereby authorized to provide services as described in this Agreement and for the professional fees described in this Agreement. SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its professional services for the following matters: review portions of the Community Development Code relating to signs and related matters, make recommendations as to any necessary amendments, and review recommendations of stakeholder groups. SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to a rate of $250.00 per hour for attorney services for William D. Brinton. The maximum fees and compensable expenses paid pursuant to this Agreement shall be $10,000.00, unless amended as provided in Section 8 below. SECTION 4. TERM. This Agreement will be effective upon approval by the City Council. SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall be made by the City to the firm for reasonable out-of-pocket expenses as determined by the City Attorney without markup, including but not limited to long distance calls and facsimiles, copying or reproducing documents, postage, court costs, parking costs and travel incurred by Counsel in performance of the duties hereunder. Travel and per diem costs as well as auto travel expenses shall not exceed that which is available to City of Clearwater employees. SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, Attachment number 1 Page 1 of 3 2 charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Counsel or its employees in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Counsel shall procure and maintain during the life of this Agreement professional liability insurance in an amount in excess of $1,000,000. This provision shall survive the termination of this Agreement. SECTION 7. CONFLICT OF INTEREST. It is understood by the City and Counsel that Counsel is not aware of any clients of the firm that currently present any conflict between the interests of the City and other clients of Counsel. If any potential conflict of interest arises during the time Counsel is representing the City, Counsel will promptly inform the City. The City is under no obligation to agree to permit the conflict representation. SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be amended only by a writing duly entered into by the City and Counsel. SECTION 9. CANCELLATION OF AGREEMENT. The City or Counsel may cancel or terminate this Agreement upon ten days advance written notice to Counsel. In the event of cancellation, Counsel shall immediately cease work hereunder and shall be reimbursed for eligible and documented reimbursable expenses incurred prior to the date of cancellation. Further, it is understood and agreed between the City and Counsel that William D. Brinton, Esquire, will be the lead attorney assigned by the firm to provide the services contained herein. The City in its absolute discretion may immediately terminate this Agreement upon written notice to the firm if the services of this attorney are unavailable to the City. SECTION 10. ATTORNEYS FEES. In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own costs and that jurisdiction for such an action shall be in a court of competent jurisdiction in Pinellas County, Florida. IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the date first written above. Countersigned: CITY OF CLEARWATER, FLORIDA Attachment number 1 Page 2 of 3 3 ___________________________ By: __________________________ Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Pamela K. Akin Cynthia E. Goudeau City Attorney City Clerk ROGERS, TOWERS, P.A. By: William D. Brinton Attachment number 1 Page 3 of 3 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Adopt Ordinance 8160-10 on second reading, annexing certain real property whose post office address is 1404 Seabreeze Street, together with the abutting right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8160-10 ORDINANCE NO. 8160-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEABREEZE STREET APPROXIMATELY 65 FEET EAST OF SUNNY PARK ROAD, CONSISTING OF LOT 20, BLOCK B, SUNNY PARK GROVES, WHOSE POST OFFICE ADDRESS IS 1404 SEABREEZE STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 20, Block B, Sunny Park Groves, according to the Plat there as recorded in Plat Book 36, Page 2, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Seabreeze Street. (ANX2010-02001) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ ____________________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Adopt Ordinance 8161-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1404 Seabreeze Street, together with the abutting right-of- way, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8161-10 ORDINANCE NO. 8161-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEABREEZE STREET APPROXIMATELY 65 FEET EAST OF SUNNY PARK ROAD, CONSISTING OF LOT 20, BLOCK B, SUNNY PARK GROVES, WHOSE POST OFFICE ADDRESS IS 1404 SEABREEZE STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 20, Block B, Sunny Park Groves, according to the Residential Low (RL) Plat there as recorded in Plat Book 36, Page 2, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Seabreeze Street (ANX2010-02001) Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8160-10. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Adopt Ordinance 8162-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1404 Seabreeze Street, together with the abutting right-of-way, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8162-10 ORDINANCE NO. 8162-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEABREEZE STREET APPROXIMATELY 65 FEET EAST OF SUNNY PARK ROAD, CONSISTING OF LOT 20, BLOCK B, SUNNY PARK GROVES, WHOSE POST OFFICE ADDRESS IS 1404 SEABREEZE STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 20, Block B, Sunny Park Groves, according to Low Medium Density Residential the Plat there as recorded in Plat Book 36, Page 2, (LMDR) Public Records of Pinellas County, Florida, together with the abutting right-of-way of Seabreeze Street (ANX2010-02001) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8160-10. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Adopt Ordinance 8170-10 on second reading, vacating the 10-foot drainage and utility easement lying along the west side of the east property line of Lot 18, Countryside Tract 56, Unit 1. SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8170-10 ORDINANCE NO. 8170-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 10-FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE WEST SIDE OF THE EAST PROPERTY LINE OF LOT 18, COUNTRYSIDE TRACT 56, UNIT 1; PROVIDING AN EFFECTIVE DATE. WHEREAS, Jeffrey E. Walker, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The 10-foot drainage and utility easement lying along the west side of the east property line of Lot 18, Countyrside Tract 56, Unit 1, as recorded in Plat Book 80, Pages 33-35, Public Records of Pinellas County, Florida is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _________________________ ______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ______________________________ ______________________________ Camilo A. Soto Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Changes made as result of Grove Street fire SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Accessory Use - Cretekos SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Councilmember Offices Renovations - Jonson SUMMARY: Review Approval:1) Clerk Cover Memo Attachment number 1 Page 1 of 1 Attachment number 2 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Election Date - Hibbard SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Building Safety Month Proclamation - Michael Delk SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Sportsmanship Awards SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:5/3/2010 SUBJECT / RECOMMENDATION: Emergency Medical Services Week Proclamation - Chief Geer and Assistant Chief of EMS, JP Medani SUMMARY: Review Approval:1) Clerk Cover Memo