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05/06/2010 - City Council Agenda Location: Council Chambers - City Hall Date: 5/6/2010- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Sportsmanship Awards Attachments 4.2 Emergency Medical Services Week Proclamation - Chief Geer and Assistant Chief of EMS, JP Medani Attachments 4.3 Building Safety Month Proclamation - Michael Delk Attachments 5. Approval of Minutes 5.1 Approve the minutes of the April 15, 2010 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 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. Attachments 7.2 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). B Attachments 7.3 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). Attachments 7.4 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. B Attachments City Manager Reports 8. Consent Agenda 8.1 Approve offering retirement incentives to eligible employees and authorize the appropriate officials to execute same. (consent) Attachments 8.2 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) Attachments 8.3 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) Attachments 8.4 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) Attachments 8.5 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) Attachments 8.6 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) Attachments 8.7 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) B Attachments 8.8 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) Attachments 8.9 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) Attachments 8.10 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) Attachments 8.11 Appoint Jason Robert Happe and reappoint Aubrey "Brooks" Hammac and Ray Shaw to the Parks and Recreation Board with terms to expire May 31, 2014. B Attachments 8.12 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) Attachments 9. Other Items on City Manager Reports 9.1 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. Attachments 9.2 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, authorize the appropriate officials to execute same and identify the initial location for the Clinic. (consent) Attachments 9.3 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. Attachments Miscellaneous Reports and Items 10. City Manager Verbal Reports 10.1 Police Chief Initiatives Attnchmentc 11. Other Council Action 11.1 Councilmember Offices Renovations - Jonson Attachments 12. Closing Comments by Mayor 13. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Sportsmanship Awards SUMMARY: Meeting Date: 5/6/2010 Review Approval: 1) Clerk Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall Meeting Date: 5/6/2010 SUBJECT / RECOMMENDATION: Emergency Medical Services Week Proclamation - Chief Geer and Assistant Chief of EMS, JP Medani SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Building Safety Month Proclamation - Michael Delk SUMMARY: Meeting Date: 5/6/2010 Review Approval: 1) Clerk Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall Meeting Date: 5/6/2010 SUBJECT / RECOMMENDATION: Approve the minutes of the April 15, 2010 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 15 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER April 15, 2010 Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. Unapproved To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order - Mayor Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation v. Donna 0-- al Christian Church 3. - - i- c 4. Presentations - Given 4.1 Service Awards One service award was presented to a city employee. 4.2 Clearwater Poetry Week Proclamation - April 14®21 n 2010 4.3 National Public Works Week Proclamation - April 16-23, 2010 4.4 Pinellas Public Library Cooperative Appreciation Month Proclamation -Aril 2010 5. Approval of Minutes Attachment number 1 Page 2 of 15 Vice Mayor John Doran moved to approve the minutes of the March 31, 2010 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. - - _ -, -ard re Item - : the a - None. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the -- licant's request to vacate the 10-foot drainage and utilit?t easement Ivina long the west side of the east property line of Lot 18, Count si e Tract 56, Unit 1 (a.k.a. 3245 Hyde Park rive), and approve Ordinance 8170-10 on first reading, VAC2010-02 Walker). The applicant is seeking to vacate the easement due to the existence of a swimming pool and enclosure presently encroaching 5.9 feet into the subject easement. The swimming pool and enclosure were permitted in 1982, prior to review procedures currently used to prevent construction in easements. Verizon, Progress Energy, Knology and Bright House Networks have no utilities in the easement and no objections to the vacation requested. The City of Clearwater has no utilities in the subject easement and no future need for this easement is anticipated. The Engineering Department has no objections to the vacation request. Councilmember Paul Gibson moved to approve the applicant's request to vacate 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 (a.k.a. 3245 Hyde Park Drive). The motion was duly seconded and carried unanimously. Ordinance 8170-10 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8170-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-4-15 Item #A Attachment number 1 Page 3 of 15 The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from the City of Clearwater. The closest sanitary sewer line is located in the Sunny Park Road right-of-way and the applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. Council 2010-4-15 Item #34 Attachment number 1 Page 4 of 15 The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. One individual spoke in support. Vice Mayor John Doran moved to approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1404 Seabreeze Street (Lot 20, Block B, Sunny Park Groves in Section 23, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 8160-10 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8160-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8161-10 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8161-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8162-10 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8162-10 on first reading. The motion was duly seconded and Council 2010-4-15 Item #44 Attachment number 1 Page 5 of 15 upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 7.3 Approve amendments to the Community evg!gpment Code to address iu icial findings re ardinrovisions of the sign code, and ass Ordinance 3153-10 on first reading. (TA2010-01001I The Office of the City Attorney is proposing amendments to the sign code provisions of the Community Development Code that address areas judicially identified in federal litigation. The amendments delete the definition of "sign, holiday decoration" and delete the category of "holiday decorations" from signs allowed as of right without development review. They also amend the definitions of "art work" and "sign".The staff report contains further analysis and information on the proposed amendments. The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of March 16, 2010. The Board unanimously recommended the amendment for approval. Since the CDB meeting, legal staff, because of concern about possible proliferation of commercial murals, has amended the text amendment to reinstate the language classifying such items as signs, but classifying "pure" first amendment expression as "art work" which may be permitted without development review. The Office of the City Attorney is recommending Council take action on the ordinance as proposed. The City Attorney said William D. Brinton would review portions of the Community Development Code regarding signs and any proposed changes for a special government rate of $250 per hour. Staff estimates the total cost to be $10,000. There are sufficient funds in the outside counsel budget. In response to a question, Planning and Development Assistant Director Gina Clayton said staff met with the Chamber in February to discuss sign code revisions. Changes regarding the sandwich board signs were received yesterday. It was suggested that the Chamber be given a deadline to submit proposed changes. Councilmember Bill Jonson moved to obtain William D. Brinton as outside counsel to review portions of the Community Development Code regarding signs for an amount not Council 2010-4-15 Item #54 Attachment number 1 Page 6 of 15 to exceed $10,000. The motion was duly seconded and carried unanimously. Vice Mayor John Doran moved to continue Item 7.3 to a date uncertain. The motion was duly seconded and carried unanimously. 8. Consent 8.1 Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize appropriate officials to execute same. consent 8.2 Award a contract (Blanket Purchase Order) for gas meters and regulators to M. T. Deason, Incorporated in the amount of $255,000 for the period April 1, 2010 to March 31, 2011, and authorize the appropriate officials to execute same. consent 8.3 Award contracts (Blanket Purchase Orders) for Gas Material Steel Pipe and Fittings to Consolidated Pipe and Supply in the amount of $53,000; to M.T. Deason in the amount of $70,000; and to General Utilities Pipe in the amount of $125,000 for the period of April 1, 2010 to March 31, 2011, and authorize the appropriate officials to execute same. (consent) 8.4 Award a contract (blanket purchase order) for Gas Material Polyethylene Pipe and Fittings to Consolidated Pipe and Supply in the amount of $200,000; to M.T. Deason in the amount of $70,000; to General Utilities Pipe in the amount of $125,000; and to Elster Perfection in the amount of $87,000 for the period of April 1, 2010 to March 31, 2011, and authorize the appropriate officials to execute same. (consent) 8.5 Approve a $175,000 settlement to reimburse David King, Fixed Base Operator (FBO) at Clearwater Airpark, for overcharges of storm water fees, authorize transfer of $175,000 from Central Insurance Fund reserves to the Airpark Fund to fund the payment, and authorize the appropriate officials to execute same. consent 8.6 Award a contract (Blanket Purchase Order) to Jet Age Fuel of Clearwater, FL for an amount not to exceed $5,900,000 for the purchase of unleaded and diesel fuel for City Motorized equipment as per the award of City of Clearwater RFP 19-10 during the contract period May 1, 2010 through April 30, 2012 and authorize the appropriate officials to execute same. (consent) 8.7 Approve a design work order to Engineer of Record, King Engineering Associates, Inc. in the amount of $136,621.00 for the Advanced Pollution Control Facilities Clarifier Evaluation and Rehabilitation Project (09-0045-UT) and authorize the appropriate officials to execute same.(consent) 8.8 Approve contracts to Williams Testing LLC of Sarasota, FL in the amount of $406,000 for Sanitary Sewer Rehabilitation; to Reynolds Inliner of Clearwater, FL Council 2010-4-15 Item 04 Attachment number 1 Page 7 of 15 in the amount of $800,000 for Sanitary Sewer Cleaning and Televising Inspection; to Rowland Inc. of Pinellas Park, FL in the amount of $600,000 for Sanitary Sewer and Force Main Emergency Repair; to Concrete Conservation, Inc. of Jacksonville, FL in the amount of $210,000 for Sanitary Manhole Rehabilitation; and to SAK Construction of Jacksonville, FL in the amount of $209,000 for Cleanouts Installation, which are the lowest responsible bids received in accordance with the plans and specifications of the 2009-2010 Sanitary Sewer and Manhole Rehabilitation Project (09-0047-UT)and that all appropriate officials be authorized to execute same. (consent) 8.9 Accept a 25-foot Drainage and Utilities Easement over, under, across and through a portion of the Northeast 1/4 of Section 18, Township 29 South, Range 16 East as conveyed by Faith United Church of Christ, Inc., a Florida not-for-profit corporation, in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) 8.10 Approve a contract to TLC Diversified, Incorporated of Palmetto, Florida, in the amount of $316,445.10 for Lift Station 41 Rehabilitation (07-0009-UT) in accordance with City Code Sec. 2.564(d), other governmental bid,and authorize the appropriate officials to execute same. (consent) 8.11 Approve Change Order 1 for the 2009 Bridge Rehabilitation Project to Castco Construction Inc., of Largo, FI in the amount of $26,474.99 for a new total contract amount of $181,982.75 and authorize the appropriate officials to execute same.(consent) 8.12 Approve Change Order 1 for the 2009 Sidewalk Project to Kilgore Construction, LLC of Largo, Fl, in the amount of $119,715.75 for a new total contract value of $413,219.68 and authorize the appropriate officials to execute same. (consent) 8.13 Accept a 330.73 square foot Right of Way and Utilities Easement over, across, under and through a portion of Lot 200 of the plat of MORNINGSIDE ESTATES UNIT 1 conveyed by Congregation Beth Shalom, Inc., a Florida not-for-profit corporation, given in consideration of receipt of $3,310.00 and the benefits to be derived therefrom. (consent) 8.14 Reappoint Kip Corriveau, in the Not For Profit Provider of Affordable Housing category, to the Neighborhood and Affordable Housing Advisory Board (NAHAB)with the term to expire April 30, 2014. (consent) 8.15 Appoint Sultana Sophie Volaitis, in the artist category, to the Public Art and Design Board (Artist rep.) with term to expire April 30, 2014. (consent) Councilmember George N. Cretekos moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. City Manager Reports 9. Other Items on City Manager Reports Council 2010-4-15 Item #-4 Attachment number 1 Page 8 of 15 The permittee will now be required to remit payment for the first and last months' fees prior to receiving the dockage permit. The final month's fee will be applied when the permittee give a month's notice of the intent not to renew. If the permittee vacates the slip without the month's notice the last month's fee is forfeited and not refundable. Currently, there is a monthly average of thirty (30) open slips between the Clearwater Municipal Marina and Island Estates. Of the possible 126 Downtown Boat Slips, deposits have been placed on 30 slips. It is hoped the changes will make slip rental more attractive to tenants without adding additional regulation/restriction and at the same time protecting the City's interest. Councilmember George N. Cretekos moved to approve an update to the City's monthly recreational dockage permit providing recreational boaters a license to moor their vessels and use the facilities at the Downtown Boat Slips, the Clearwater Municipal Marina, and Island Estates. The motion was duly seconded and carried unanimously. Resolution 10-05 was presented and read by title only. Councilmember Paul Gibson moved to adopt Resolution 10-05. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-4-15 Item #4 Attachment number 1 Page 9 of 15 In 2008, the City Council requested the City Legal Department draft an amendment to Section 28.041 to allow solicitors to solicit so long as the solicitors complied with a list of criteria contained in Section 316.2045(3), Florida Statues. During the last several months, Clearwater Police officers have had to take enforcement action against a number of homeless individuals who have been aggressively soliciting at heavily-traveled intersections in Clearwater. The public defender's office has indicated that the office intends to challenge or, at least, assist homeless individuals with challenging the constitutionality of Section 28.041. Because the public defender's office has already been successful in having the state attorney's office dismiss all prosecutions under Section 316.2045, Florida Statutes, based on constitutional grounds, it is necessary to amend Section 28.041 to enhance its constitutional defensibility. The changes include the following: to clarify that any individual is authorized to seek a permit to solicit on publicly owned streets; to impose a time limit on the issuance of the permit by the police chief; to allow an applicant to seek a waiver of the insurance requirements based on the applicant's financial disability or inability to obtain insurance; and to provide an aggrieved applicant a right to appeal the denial of a permit to the city manager or the city manager's designee. In response to questions, Assistant City Attorney Rob Surette said the police officers are instructed to wait for individuals to leave the curb and approach a vehicle in order to cite the violation. Under the 1999 provision, solicitation would be prohibited. Discussion ensued with concerns expressed regarding safety of individuals in busy intersections. Councilmember Bill Jonson moved to direct staff to revise ordinance to the 1999 version. The motion was duly seconded and upon the vote being taken: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember Paul "Ayes": Gibson, and Councilmember Bill Jonson. "Nays": Councilmember George N. Cretekos. Motion carried. 9.3 Appoint a member as the Alternate member to the Community Development Board with terra to expire Aril 30, 2014. Council 2010-4-15 Item #54 Attachment number 1 Page 10 of 15 Vice Mayor John Doran moved to re-appoint Norma Carlough as the Alternate member to the Community Development Board with term to expire April 30, 2014. The motion was duly seconded and carried unanimously. 9.4 Accept Fire Department Efficiency Review report from Matrix Consulting Group, Ltd. On November 5, 2009, the City Council approved an agreement with Matrix Consulting Group to perform an efficiency review of the Clearwater Fire Department. The review was designed to provide an assessment of the efficiency and effectiveness of Fire Department operations, identifying improvement opportunities for service delivery, organization, staffing, and management. Matrix utilized a wide variety of data collection and analytical techniques: Interviewed Fire Chief and his management team, the City Manager, and the City Auditor to develop an initial understanding of the issues and background leading to this study. Interviewed the Mayor and City Council for their perspectives on key issues surrounding this study. Conducted an extensive interview process of Fire personnel across all three shifts, at all operational levels (assistant chiefs, lieutenants, fire medics, firefighters, etc). Obtained employee input through the use of an anonymous employee survey to which 51 % of the Department's employees responded. Collected expansive data to document workloads, response times, costs, service levels, and operating practices. Developed descriptive summaries, or profiles, of each function. To make assessments of operational strength and improvement opportunities, Matrix developed a set of performance measures both qualitative and quantitative, titled "best management practices" against which to evaluate current services, workloads, and service levels. These service and performance measures comprise the main analysis of the report. The measures used were derived from Matrix's collective experience in reviewing hundreds of fire rescue agencies in Florida and throughout the U.S. The performance measures used represent: (1) Statements of "effective practices" based on Matrix's experience evaluating other fire operations; (2) Where they exist, statements reflecting "industry standards" were used to incorporate commonly used service delivery approaches in addition to targets developed by national research organizations; and (3) Efficiency and effectiveness measures were selected and adjusted to reflect the unique operating and service conditions in Clearwater. Council 2010-4-15 Item 4% Attachment number 1 Page 11 of 15 Matrix further developed a comparative survey with other Florida Fire and Rescue agencies. The summary of Major Observations and Recommendations with Fiscal Impact and personnel reduction (where applicable) is: Ad hoc committee membership shows heavy use of senior fire officers (Assistant Chief and above) with few rank-and-file (Firefighter and above) members. Senior management should encourage greater involvement and active participation from all levels of CFRD members. Analysis of response time data indicates the CFRD provides a high level of service to the City. In addition, the Fire and Rescue Department meets its standards for emergency response. The CFRD should monitor reflex times on a weekly basis to ensure that factors within the control of managers and supervisors are appropriately managed. The Department should monitor reflex time performance by unit on a regular basis. The distribution of calls for service workload is within the concentration of CFRD resources. Based on current response time goals, the Department can provide a significant level of resources within stated response time objectives. Analysis of workload history for the past 3 years indicates, approximately 84% of the time, 2 or fewer calls for service are dispatched at the same time. Analysis of unit utilization also indicates that 85% of the time, 4 units or fewer are dispatched at the same time. Given low levels of unit utilization and workload as well as the geographic concentration of resources, the project team evaluated several options for unit deployment to reduce operating costs. The project team does not recommend reduction of staffing at this time. However, the best option to reduce costs is to reduce truck company staffing from 4 to 3. This approach continues to provide a high level of service and allows the Department to meet stated and recommended response time targets and would save approximately $486,000 annually. Conversion of one ALS (Advanced Life Support) engine to BLS (Basic Life Support) saves approximately $32,500 annually. Conversion of all non-funded ALS engines to BLS would save $97,567 annually. TOTAL FISCAL IMPACT: ($616,067). Fire Inspections and Investigation Bureau and the Information Technology Department have recently implemented portable computer technology with the introduction of touch screen tablet computers and portable printers for fire inspectors. Monthly performance measures should be created to evaluate successes as well as areas for improvement. Performance measures should be reviewed regularly with the Information Technology Department for efficiencies through technology. Council 2010-4-15 Item 414 Attachment number 1 Page 12 of 15 Continue development of a business plan incorporating public/private partnerships for Fire and Rescue public education. Investigate interest of surrounding fire rescue departments for collaboration under the public/private partnerships concept. Matrix Consulting Group representative Travis Miller provided a power point presentation. In response to questions, Mr. Miller said it is not atypical to see spans of control. The city does not have too many fire chiefs. The department has a history of a more frictional relationship than typical. The study showed there is a resistance to change. Senior staff should address problems with ICS (Incident Command System) and command staff consistency. The command staff believes in what they are doing but unable to step back and see what happens. Fire Chief Jamie Geer said the department is making adjustments to command protocol. The department has realized hi-rise capabilities by focusing on the truck companies. Inspections data is entered into the County system. It was requested that Mr. Miller provide documents regarding the configuration of a consolidated fire station and best practices. The Council recessed from 8:06 p.m. to 8:13 p.m. In response to questions, Mr. Miller said performance measures can improve by identifying those things that can be done as managers. Tracking response times is not particularly meaningful as it sets an expectation of this or better. If cuts beyond those recommended are needed, the city should consider cutting stations and engine companies. Fire Chief Jamie Geer said the department is already looking at reductions of ALS. He expressed concerns regarding reducing staff on the companies. Overtime is a contributing factor to personnel costs that should be considered. Fire Deputy Chief Weiss said the department is developing a business plan to encompass more public education. The public education component currently is conducted as requested. Vice Mayor John Doran moved to accept Fire Department Efficiency Review report from Matrix Consulting Group, Ltd. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items Council 2010-4-15 Item 4A Attachment number 1 Page 13 of 15 10. - -_ 10.1 City Manager Verbal Reports The City Clerk confirmed plans for the Advisory Board Appreciation Reception. 11. Other Council Action 11.1 E -'- _t Follow o - Jonson 1) Request a budget meeting presentation on tax increase: a) who gets hit? b) who saves money? c) show several situations with and without Save Our Homes, with increasing and decreasing millage. 2) Feedback of 3/16 workshop expectations by City Manager (what he heard). 3) To what degree do you agree that we need to demonstrate we are aggressive in managing our costs before we take action to raise taxes or cut services? 4) What benchmarks does the City have with other cities? 5) Do you support reconvening the Budget Task Force from 2007? 6) Confirm what will be on the "Budget working documents" section of the Office of Management and Budget Internet site. Items 1-4 were discussed at Tuesday's work session. 5) Do you support reconvening the Budget Task Force from 2007? Councilmember Bill Jonson moved to reconvene the Budget Task Force for no less than 2 meetings and no more than 3 meetings to identify progress and make recommendations. The motion was duly seconded. Concerns were expressed regarding the value not being commensurate with the effort. Upon the vote being taken: "Ayes": Councilmember Bill Jonson. "Nays": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, and Councilmember Paul Gibson. Motion failed. Council 2010-4-15 Item 434 Attachment number 1 Page 14 of 15 6) Confirm what will be on the "Budget working documents" section of the Office of Management and Budget Internet site. Councilmember Bill Jonson expressed concern that budget related documents are not readily available to citizens. Budget Director Tina Wilson said the documents provided to Council from the March 15, 2010 Budget Work Session is available on the Office of Management and Budget web page. It was stated that staff has expressed concern with maintaining accuracy over time since documents, such as the reserve sheet, change day by day. Concern was expressed that documents depicting information that changes frequently may confuse citizens. It was suggested that a statement be placed on Budget's website directing users to the agenda item. Staff was directed to provide a link to budget related agenda items and attachments on Budget's internet site. 11.2 City Organization Chart - Jonson Councilmember Bill Jonson expressed concern that the city's organization chart did not include the citizens on top of the council. It was stated that it was inadvertent that the citizens were left off the chart but correction will be noted for future. 12. Closing Comments by Mayor Mayor Frank Hibbard reviewed recent and upcoming events. 13. Adjourn Council 2010-4-15 Item 4,14 Attachment number 1 Page 15 of 15 The meeting was adjourned at 9:42 p.m. Attest City Clerk Mayor City of Clearwater Council 2010-4-15 Item 454 D Il ? c y ra w .ry any. ..- The Florida Shuffleboard Association I , PREVIEW Index - Page No. Page N-9, FLORIDA SHUFFLEBOARD ASSOCIATION Deland SBC ................................................ ................................87 Affiliated Clubs .......................................................... ..... ..... 126-129 Deltona SBC ............................................... ................................88 Approved Tournament Chart .................................... .................150 Hacienda Del Rio SBC................................ ................ ................ 93 Editors Message ...................................................... ...................11 Hawthorne SBC .......................................... ................................91 Financial Report Form ............................................. .................139 Holiday Travel Resort ................................. ................................90 FSA Amateur Tournament Results .......................... ..........136-138 Leesburg SBC, Inc .................................. .... ................................ 87 FSA Champions............ • ....................................... .. ..............14 Mid-Florida Lakes Yacht Club ...................... ......... ................ ....... 86 FSA Officers ............................................................. .....................5 Orange City SBC......................................... ............................... .89 FSA Pro Tournament Results ............. .............. ....... .......... 130-135 Ormand Beach SBC ................................... ................................93 Hall of Fame ................................... .......................... ......... ......... 6-9 Quail Hollow MHP SBC .............................. .................... .........88 Masters Tournament Photos ................................... ...................12 Tavares SBA........................ ................ ........ .... ............................ 89 Masters Tournament Results ................................... ...................11 SOUTHEAST COAST DISTRICT Masters Winners (past) ............................................ ...................13 Officers, Schedules, Results, Masters......... ..................... ..... 58-63 Official Rules and Regulations... ............ ................. ..... _ ... 140-147 Boynton Beach SBC ................................... ................................65 Player Status ...................... ............. ......................... ....... ...122-125 Briny Breezes SBC ..................................... ................................62 President's Message ................................................ .....................1 Hollywood SBC....... ............................ ........ ............ ................. ...67 Preview Publication Information ............................... .....................2 Lake Worth SBC ......................................... ............ --...............64 Pro and Amateur Schedule (center spread) ............. ... .......... 76-77 Park City SBC ............................................. ................................62 Pro Division Master Points ......... ............................... ............. 16-17 Pompano Beach SBC ......... ........................ ............. ................... 65 Roll of Champions Medal Winners ........................... ...................15 SOUTHERN DISTRICT Scheduler, Pro & Amateur ........................................ .................152 Officers, Schedules, Results, Masters ......... .......................... 45-50 Shufflers E-mail Addresses ...................................... ...................18 Crystal Lake RV Resort SBC................ ....... .......................... ..... 48 Standing Rules .............. ......................... ............... .... ......... 148-149 Imperial Bonita Estates....................... ......... .... ............ .............. .53 I CENTRAL EAST COAST DISTRICT Jamaica Bay SBC ........................................ ...............................54 Officers, Schedules, Results, Masters .......... ............ ............. 68-71 Lee County SBC............ ......................... ..... .......................... 55-56 Lakes of Melbourne SBC .......................................... ..................74 Port Charlotte SBC.............................. ......... ............................... 57 Ocean Breeze Park SBC .......................................... ..................75 Riverwoods Plantation RV Rsrt..... ............... ............................... 54 Pt. St. Lucie SBC ....................................................... ..................72 SOUTHWEST COAST DISTRICT Riverland MHC & Marina .......................................... ..................79 Officers, Schedules, Results, Masters......... .......................... 28-34 South Brevard SBC ................................................... ..................74 Bradenton Tropical Palms ............................. ............ ................... 41 Spanish Lakes #1 SBC ............................................. ..................73 Coach House SBC.......... ............................. ............................... 37 Spanish Lakes Country Club .................................... ..................74 Golf Lakes Residents Assoc & SBC............ ............................ ...38 Stuart SBC ................................................................ ..................73 Palmetto SBC.... ........................ ................... ........................ .......42 Tropical Haven SBC .................................................. ..................78 Paradise Bay Shuffle Club ........................... ...............................39 Whispering Creek SBC ............................................. ..................78 Trailer Estates SBC.... ............... ................... ............................. ..37 CENTRAL DISTRICT WEST COAST DISTRICT Officers, Schedules, Results, Masters ................. ..... ............. 94-98 Officers, Schedule & Results .............. ......... .................. ........ 19-22 Avon Park Sr. Activities Center ................................. ................106 Clearwater SBC _ ................... ..................... ......... ...................... 23 Betmar SBC .............................................................. ................109 St. Petersburg SBC ....................... ............... .............................. .27 Lake Region Village .................................................. ................107 OUT OF STATE ASSOCIATIONS Lakeland SBC ........................................................... ................102 Canadian National SBA ............................... .............................121 Oakside SBC ............................................................. ..................99 Coldwater SBC............................................. ..... . • ..................114 Sanlan RV Park SBC ................................................ ................101 Hendersonville SBC.............................. ........ ..................... 112-113 Sebring Recreation Club ........................................... ................105 Indiana ............ .................... .......................... .............................. 15 St. Cloud SBC ........................................................... ................103 International SBA......... ................................. . .................... 117-118 Winter Haven SBC .................................................... ................104 Lakeside, Ohio ............................................. .............................120 Winters SBC .............................................................. ................108 Michigan SBA............................................. . .........................115 Zephyrhills SBC ....................................................... ................110 National SBA..................................... .......---- -. - .............. 116-117 NORTHERN DISTRICT Ohio State SBA ....................................... ..119 Officers, Schedules, Results, Masters. ...................... ............ 80-83 Ontario SBA ................................................. ............................121 Clermont Recreation Club ......................................... ..................88 Coronada & Mainland SBC's .................................... ..................85 THE ADVERTISERS MAKE OUR PREVIEW POSSIBLE - PLEASE PATRONIZE THEM 3 99 09 onsey@aol.co ekase@aol.co ojkent@aol.co rlbish@aol.co hirl59@aol.cc ak@yahoo.co avour@aol.co 2177@aol.co ?@Comcast. n, 14@yahoo.col 3301 @aol.col :of5@msn.cor 1g56@aol-cor 2@yahoc.cor )ugh@aol.cor @comcast.ne 3@knology.ne @hotmail.corr r@yahoo.corr ;sier@aol.corr nch@aol.corn 976@aol.corn hint@aol.coni Ipabay.rr corn ?hotmail.com 11 @juno.com 131 @aol.com 5ympatico.ca pabay.mcom 'tar@aol.com ck@aol. 5@juno. ?Ie@aol. il4@aol. Jir@aoL, rel@aoLr Werizon c@msn.c .h@aol.c =y@aol.c r@mnsi. Verizon. n@aol.c ?msn.c /ahoo.c 3@aol.c Dstrato. abay.rr. 1, SUSAN ALLEN Preview Coordinate 29250 US 19 N, Lot 45 Clearwater, FL 33761 727-278-0208 sjallen @ knology.net b, WEST COAST DISTRICT 2009-2Q10 TOURNAMENTS DISTRICT and AREA No: Date Host CIu6 Description Dot Oct 08-09, 2009 Clearwater SBC ............... .......... ................. . ..................,.,...No Two Pros (No Pis.) D02 Oct 15-16, 2009 Clearwater SBC ............... .........................Pro Draw Dbls/Am Draw Dbls (No Pts.) D03 Oct 22.23, 2009 Clearwater SBC ................ ................................Pro Singles/Am Singles (Am. Pts.) AR01 Oct 29-30, 2009 Clearwater SBC ............... ...................,...................,...Pro Dbls/Am Dbls (No Pts.) AR02 Nov 05-06, 2009 Clearwater SBC ................ ........................Pro Draw Dbls/Am Draw Dbls (No Pts.) AR03 Nov 12-13, 2009 Clearwater SBC' .............. .......................No Two Pros (No Pis.) WCD Sponsored D04 Nov 16-17, 2009 Pinellas Park .................... .......................................,....Any Amateur Dols (Points) D05 Nov 19-20, 2009 Clearwater SBC ................ ..................Pro Draw Doubles/Am Draw Dbls (No Pts.) AR04 Dec 03-04, 2009 Clearwater SBC ................ ........................Pro Draw Dbls/Am Draw Dbls (No Pls.) AR05 Dec 10.11, 2010 Clearwater SBC ................ ........................Pro Draw DbWAm Draw Dbls (No Pis,) 41`106 Dec 17.18, 2009 Clearwater SBC' ............... .......................No Two Pros (No Pis) WCD Sponsored 4RO7 Jan 07.08, 2010 Clearwater SBC ................. .......... .............Pro Draw obls/Am Draw Dbls (No Pts.) ll Jan 11-12,2010 Pinellas Park' .................... ...............Any Amateur Dbls (Points) WCD Sponsored DOB Jan 14.15, 2010 Clearwater SEC ................ ...... -Pro SingleslAm Singles (Am Pts.) ? Jan 21.22, 2010 Clearwater SBC' ............... ...................... No Two Pros (No Pls.) WCD Sponsored D09 Jan 28-29, 2010 A809 Feb 04-05 2010 Clearwater SEC ................. Cl .............................Open DblsrAm Singles (Am Points) , AP'010 Feb 11.12 2010 earwater SBC ................. C .......................Pro Draw Dbls/Arn Draw Dbls (No Pis.) , AROII Feb 18.19 2010 learwater SBC .................. Cl - ............. .........pro Draw Dbls;Am Draw Dpls (Nn Pis.) , D010 Feb 2526 2010 earwater SBC ................ .......... No Two Pros (No P15.) WCD Sponsored , Clearwater SBC .................. ............. ...........................Pro Dblsikm Dbls (Am pts.) No: Date Host Club Descript AH012 Mar 04-05, 2010 Clearwater SBC .... ....................................Pro Draw Dbls/Am Draw Dbls (No P Doi 1 Mar 08.09, 2010 Pinellas Park' ....... ............................Any Amateur Dbls (Points) WCD Sponso D012 Mar 18-19, 2010 Clearwater SBC .... ................... ..............,................Open Dbis/Am Dbls (Am P D013 Mar 25-26, 2010 Clearwater SBC ..... ...................................Pro Draw Dbls/Arrr Draw Obis (No P AR013Apr 01-02, 2010 Clearwater SK-. . . ................... DISTRICT MASTER PLAYOFF (Must Qual Florida State Pro Tourn aments - ALL HAVE PRO AND AMATEUR POINTS P03 Oct 19-21, 2009 Clearwater SBC ..... ................... .Mixed D ............................................................ P12B Dec 21-23, 2009 Clearwater SEC ..... .................. .M/L D. ................................................................ P14B Jan 04-06, 2010 Clearwater SBC ..... ............... .........M/L DI ........................................................... P24A Mar 15-17. 2010 Clearwater SBC ..... ...................... ....M/L DI P26 Afar 29-31, 2010 Clearwater SBC..... ..... Tour of Champs M/1- Pro Sngls Walking/Non Walking (Must Quali Florida State Amateur Tournaments - ALL H AVE AMATEUR POINTS A01 Nov 02-04, 2009 Clearwater SBC ...... ............. Any DI: ..................................................................... A96A Dec 07-09, 2009 Clearwater SBC ...... ............. ..............Any Dt A08 Dec 21.23, 2009 Clearwaler SBC ...... ..................................... Any Dt ............................................ A21 B Mar 15-17, 2010 Clearwater SBC ...... .................... . ........ . ... ....Any Dt DISTRICT LEAGUE TOURNAMENTS -ALL NO AMATEUR POINTS- 1.01 Feb 09-10, 2010 Clearwater SBC ...... ...................................................... Mobile Homes Communi 1,02 Feb 16, 2010 Clearwater SEC ...... ............................................. ............ ...........Ulmerton Leagt L03 Feb 17, 2010 Clearwater SBC ....... ................................................................Sterling Leagu -04/1-05 Mar 11-12, 2010 Clearwater SEC ....... ....................... ........Blue Sky League/Associated Leagu Loh Mar 22, 2010 Clearwater SBC ....... ............ ........Big Ten Leagu west Coast District Organization DON WINKLEBLECH President /Webmaster WCD Web Master 2550 S.R. 580 East #339 Clearwater, FL 33761 727-726-7361 Poppywink @ yahoo.rom www-fsawcd-shuffleboard.us GEOFF BELL 1st Vice President 18675 US 19 North, #161 Clearwater, FL 33764 727-533-0111 gb) @ nb-sympatico.ca NICOLE HUOT Secretary/Treasure 5980 Shore Blvd. Apt. 5 Gulfport, FI- 33707 727-344-0233 nicolehuot@ hotmail.co PAM HILL 2nd Vice President 29250 US 19N #595 Clearwater. FL 33764 727-785-4840 F µJ1 44-L-41 SHIRLEY, GOODWIN 3rd Vice President 1950 59th Ave. N. St. Petersburg, FI 33714 727-374-6823 marxshirl59@aol.com BARBARA NORTON ANDRE HUOT MARX KRISTEK VIVIENNE Mc MILLAN ing League Coordinator State Delegate Alt. State Delegate Keeper of Records 34568 Gardenia Drive 5980 Shore Blvd. Apt. 507 1950 59th Ave. N. 10200 122nd Ave. N. Apt. 4103 Pinellas Park, Fl. 33781 Gulfport, Fl. 33707 St. Petersburg, FL 33714 Largo, FL 33773 727-578-8813 727-344-0233 727-374-6823 727-612-9590 jbnorton@sympatico.ca andrenicolehuot@yahoo.com marxshirl59@aol.corn viv216@knology.net r. " Mickey Henson Darvin Mueller National Delegate Alt. National Delegate 34656 Orange Drive 1647 Shore Dr., South #107 Pinellas Park, FL 33781 So. Pasadena, FL 33707 727-576-1233 727-343-4046 Sit.. Tournament Directors GLEN PELTIER, BARBARA HENSON, JOE NEVITT, BETTY NEVITT, JOE GREENWOOD, MARY ELDROGE I THE ADVERTISERS MAKE OUR PREVIEW POSSIBLE - PLEASE PATRONIZE THEM WEST COAST DISTRICT TOURN. RESULTS - 2008- 2009 AR01 Pro and Am Draw Dbls - Clearwater - Oct 30-31, 2008 Consolation Sponsor: Ada Armstrong Memorial 1- George Queen-James Furman ......................................... .............................Clearwate Pro - Main 15 Teams 2. Adelard Tremblay-Bruce Harris ......................................... .......Pinellas Park/Clearwate 1. Bill McMillan-Marx Kristek ......................................... ..............Pinellas Park/Clearwater 3. Susan Alien-Keith Marks .................................................. .............................Clearwate 2. Ellie Prevost-Jack Thorne .......................................... ................Briar Creek/Clearwater 4. Ruth Thery-Gordon Campbell ........................ ............... ... .............................. Clearwate 3. Frank Hemming-Andre Huot ...................................... ..............Clearvater/Town Shores 4. Ed McGrath-Arlene Guerrini ........................ .....Pinellas Park AR06 Pro Singles and Amateur Dbls - Clearwater - Jan 15-16, 2009 Consolation Sponsor: Ada Armstrong Memorial 1. Geoff Bell-Ron Bastien .............................................. ..............Clearwater/Pinellas Park Pro-Main 42 Team 2. Vivienne McMillan-Nancy Young ................................ ..............Pinellas Park/Clearwater 1. Wilbert Horn.................................... .......... ....................... .Clearwate ............................ 3. Mary Eldridge-Wally Burnett ...................................... ............St. Petersburg/Clearwater 2- Ralph Webb ...................................................................... ............................. Clearwater 4. Jim Barron-Richard Stirrer ...... ............... .... .... ................................Pinellas Park 3. Jack MacLeod......................................................... _ _ ..... --...............Clearwater Amateur - Main 9 Teams 4. Bill McMillan ...................................................................... .........................Pinellas Par 1. Chuck Richardson-Betty Lynes ................................. ....................................Clearwater Consolation 2. Fred Byda-James Furman .......................... ......_ ._................................Clearwater 1. Shirley Goodwin ............... _............_._.....--...--........ .............................Clearwate 3. Robert Weber-Bruce Harris ....................................... ....................................Clearwater 2. Joe Greenwood ... -- ............... ........... -- - .. -..........................Clearwate 4. Bruce Fawcett-Herb Hayden --------------- . ............ • .. ...... ..........................Clearwaterr 3. Jack Thorne ................................................................... _....... ........Clearwate Consolation 4. Fred Muehlebach .............................................................. .............................Clearwate 1. Dave Clark-Jack Smith .............................................. ....................................Clearwater Amateur-Main 16 Team 2. Bruce Pimental-June Nowak ..................................... ....................................Clearwater 1. Gunther Forth-Dave Tomsett............................................ .. Four Seasons/Pinellas Par 3. Richard Lynes-Virginia Fuqua ................................... ....................................Clearwater 2. Dave Hart-Richard Maloney ............................................. .............................. Donovan" 4. Ron Leonard-Ruth Thery ........................................... ....................................Clearwater 3. Clair Sutherland-Keith Chaulk .......................................... .......Clearwater/Pinellas Par 4. Dave Clarke-Gerry Blakely ............................................... ..........................._Clearwate AR02 No TWO Pros - Clearwater - Nov 20-21, 2008 Consolation Sponsor: WCD 1. Rosaire Cote-Betty Lynes .............. ............ ..........Palm Hill/Pinellas Park Main 30 Teams 2. Fred Byda-Les Black ............................................... •. _. Clearwate _ -- -_ 1. Jack Thorne-Rosaire Cote ......................................... .....................Clearwater/Palm Hill 3. James Furman-Bob Weber......................... ...................... .Clearwate ............................ 2. Joe Greenwood-Tom Russell .................................... ....................................Clearwater 4. Bruce Fawcett-June Nowak ..Clearwater 3. Jim Barron-Dave Tomsett .............. ..... • . ................................Pinellas Park 4. Bob Guerrini-Betty Lynes ........................................... ................................Pinellas Park AR07 No Two Pros - Clearwater - Jan 22, 2009 Consolation Sponsor- Ada Armstrong Memorial 1. Bob Bugby-Rick Lynes...' ............................................ ................................Pinellas Park Main 37 Team 2. Dean Hart-Bud Maloney ............................................ ..................Donovan's/Clearwater 1. Ellie Prevost-Gordon Campbell ....................... ................. .......... Briar Creek/Clearwate 3. Jim Arthur-Bruce Fawcett .......................................... ....................................Clearwater 2. Nicole Huot-Rosaire Cote ................................................. ............ Town Shore/Palm Hill 4. Ellie Prevost-Gordon Campbell ................................ .................Briar Creek/Clearwater 3, Arlene Guerrini-Bob Weber ............................. .......Pinellas Park/Clearwate AR03 No Two Pros -Clearwater -Dec 04-05, 2008 4. Joe Greenwood-Tom Russell ............... .--------------------------- ----------------------------- Clearwate Sponsor: WCD Consolation Main 38 Teams 1. Mickey Henson Betty Lynes .............................................. .........................Pinellas Par 1. Geoffrey Bell-Dave Tomsett ....................................... ..............Clearwater/Pinellas Park 2- Shirley Goodwin-Joan Ferris ............................................ .............................Clearwate 2. Mark Kristek-Joan Ferris ........................................... ....................................Clearwater 3. John Hubbard-Gary Moore............................................... ............................. Clearwate 3. Jack MacLeod-Susan Allen .................... .................................Clearwater 4. Richard Reynolds-Dave Tomsett ................................. Pinellas Park 4. Jim Gaillard-Gordon Campbell .................................. ..............Pinellas Park/Clearwater AR08 Pro and Amateur Draw Dbls - Clearwater - Feb 02, 2009 Consolation Sponsor: Ada Armstrong Memorial 1. Mickey Henson-Doreen McGrath .............................. .....Pinellas Park/Americana Cove Pro-Main 15 Teams 2. Fred Muehlebach-Gunther Forth ............................... .............Clearwater/Four Seasons 1. Bud Pittman-Arlene Guerrini ............................................ .......Clearwater/Pinellas Park 3. George Higginson-John Witteveen ............................ .............. Clearwater/Pinellas Park 2- Fern LaChance-Mickey Henson ........................................ ......................... Pinellas Par 4. Bill McMillan-June Nowak .......................................... ..............Pinellas Park/Clearwater 3. Bob Guerrini-Wilbert Horn ................................................ ....... Pinellas Park/Clearwater AR04 No Two Pros - Clearwater - Dec 11-12, 2008 4. Vivienne McMillan-Bill McMillan ........................................ .........................Pinellas Par Sponsor: Ada Armstrong Memorial Consolation Main 34 Teams 1. Don Lamy-Pat McGregor ................................................. ..............Pinellas Park/El He 1. Geoff Bell-Gordon Campbell ....... ................ ....................................Clearwater 2. Jack Thorne-Ron Prevost ................................................. .......... ClearvaterlBriar Cree 2. Bill McMillan-Ron Leonard ......................................... ..............Pinellas Park/Clearwater 3. Paul Horsfell-Andre Huot.................................................. ....... Clearwater/Town Shore 3. Frank Hemming-Bruce Fawcett ................................. ....................................Clearwater 4. Fred Muehlebach- Doreen McGrath ............................,..... .Clearwater/Americana Gov 4. Mickey Henson-Rick Lynes ........................................ ................................Pinellas Park Amateur-Main 13 Team Consolation 1. Tom Russell-Paul Papineau .............................................. ................Clearwater/Wilde 1. Nicole Huot-Bob Sempolinski ................................... ...........Town Shores/Pinellas Park 2. Adelard Tremblay-Mary Beth Russell ............................... .......Pinellas Park/Clearwate 2. Marx Kristek-Rosaire Cote ........................................ .....................Clearwater/Palm Hill 3. Rick Lynes-Keith Chaulk............. ...................................... ........................ .Pinellas Par 3. Frank Muehlebach-Norm Shoemaker ....................... ..................Clearwater/Point West 4, Clair Sutherland-Dennis Cormier ..................................... .........................Clearwate .... 4. Carl Rogerson-Dick Cadarette .................................. ............................Clearwater/HTP Consolation AR05 Pro and Amateur Draw Dbls - Clearwater - Jan 08-09, 2009 1. Gunther Forth-Barbara Charpentier ................................. ......Four Seasons/Clearwate Sponsor: Ada Armstrong 2. Joe Nasados-Bob Weber .................................................. .............................Clearwate Pro - Main 21 Teams 3. Rolland Charpentier-Gerry Blakely ................................... ......................... ....Clearwate 1. Marx Kristek-Bob Bugby ............................................ ..............Clearwater/Pinellas Park 4. Maria DeSwart-Fred Pestke--------------- .............................. .............. El Rey/Pinellas Par 2. Rosemary Otmar-Sil Oliveira .................................... .....Pinellas Park/Americana Cove 3- Joe Mayer-Bob Guerrini ............................................ ......Town N Country/Pinellas Park AR09 No Two Pros - Clearwater - Feb 19-20, 2009 4. Don Breau- Bob Mitchell ........................................... ..................Connors/Pinellas Park Sponsor: WCD Consolation Main 40 Team 1, Ed McGrath-Eileen Fick ............................................. ..............Pinellas Park/Clearwater 1. Nicole Huot-Adelard Tremblay .......................................... .... Town Shores/Pinellas Par 2. Ellie Prevost-Bill McMillan .......................................... .............Briar Greek/Pinellas Park 2. Geoff Bell-Fred Byda........................................................ ............................. Clearwate, 3. Jim Barron-Richard Reynolds ............... ......Pinellas Park 3. Arlene Guerrini-Bob Weber .............................................. ....... Pinellas Park/Clearwate 4. Ron Bastien-Patrick McGregor .................................. .....................Pinellas Park/El Rey 4. Joe Greenwood-Les Black .................... ........................... ............................. Clearwate Amateur - Main 12 Teams Consolation 1. Tom Ruissell-June Nowak .......................................... ...................................Clearwater 1. Mickey Henson-Fred Pestke.............................. ............... ......................... Pinellas Par 2. Ron Leonard-Gary Moore ......................................... ....................................Clearwater 2. Ralph Webb-Clair Sutherland ................................. ......... ............................. Clearwate 3. Mary Beth Russell-Robert Weber .............................. ...... ........Clearwater 3. Pam Hill-Doreen McGrath ................................................. . Clearwater/Americana Co 4. Barbara Hubbard-Paul Papineau ............................... .......................Clearwater/Wilders 4. Phil Hill-Joe Nasados ............... ....................Clearwate 20 THE ADVERTISERS M AKE OUR PREVIEW POSSIBLE - PLEASE PATRONIZE THEM WEST COAST DISTRICT TOURN. RESULTS - 2008-2009 > Teal Wwa ?arwa ?arwa las P: ?arwa ±arwa :arwa :arwa Tear as PE ,novae as P? arwa as P. alm arw arw is F arw arw, is F Tea is F is F U-M is F El F Cn 'ho iC rea Vild I'M sP IW5 rw2 rwa rwa sP eal > Pi wa wa wa Pt No Two Pros - Clearwater - Oct 09-10, 2008 Sponsor: Ada Armstrong Memorial ain 21 Teams Mickey Henson-Ron Leonard ........................... .......................Pinellas Park/Clearwater Nancy Young-James Furman ............................ .............................................Clearwater Wilbert Horn-Bob Sempolinski ......................... .......................Clearwater/Pinellas Park George Higginson-Bruce Harris ....................... .............................................Clearwater Sil Oliveira-Joan Irwin ................................................................. ..........Americana Cove Linwood Brackett-Bob Weber ..................................................... ...................Clearwater Manx Kristek-Rosaire Cote ......................................................... ....Clearwater/Palm Hill Bill McMillan-Ross Hamill ........................................................... ...............Pinellas Park )2 Pro and Amateur Singles - Clearwater - Oct 16-17, 2008 Sponsor: Ada Armstrong Memorial o - Main 26 Teams Mickey Henson - ...... - .............................................. . --.............Pinellas Park Ellie Prevost ................................................................................ .................. Briar Creek Sil Oliveira ...... .- ...................................................................... ..........Americana Cove Manx Kristek Ron Bastien ................................................... .........._ ....- ......................Pinellas Park Rosemary Otmar ...................... ................ ............................................Pinellas Park Jim Gaillard....... • ........................................ .......... ............................... Pinellas Park Ed McGrath ............................... - . ........ ............................................Pinellas Park nateur - Main 11 Teams Rosaire Cote .......................... ---..... ...................................................Palm Hill Bob Sempolinski ......................... ................... ............................................Pinellas Park June Nowak ................................... .- - .... ................................................Clearwater Bob Weber..................................... ............... ................................................Clearwater 1. Ken McNabb ........................................................... .......................................Clearwater 2. Bruce Pimental .................._.................................. ........................................Clearwater 3. Bruce Fawcett ..................................... . •............. .......................................Clearwater 4. Susan Allen .... - ................................................. ........................................Clearwater D03 Pro and Any Amateur Doubles - Clearwater - Oct 23-24, 2008 Sponsor: Ada Armstrong Memorial Pro-Main 17 Teams 1. Nick Misciagna - Sil Oliveira ................................... ..............................Americana Cove 2. Bob Guerrini-Jim Gaillard ...................................... ....................................Pinellas Park 3. Don Winkleblech-Frank Hemming,.. ...................... ........................................ Clearwater 4. Jack MacLeod-Richard Reynolds .......................... ..................Clearwater/Pinellas Park Consolation 1. Wilbert Horn-Ellie Prevost ...................................... ....................Clearwater/Briar Creek 2. Bill McMillan-Richard Stimer .................................. ....................................Pinellas Park 3. Rosemary Otmar-Jack Thorne .............................. ..................Pinellas Park/Clearwater 4. George Higginson- Linwood Brackett ..................... ........................................Clearwater Amateur - Main 11 Teams 1, Les Black-Bob Weber ..................................- .. ....._......._........................Clearwater 2. Bob Sempolinski-Doug Reid ................................. .........Pinellas Park/Americana Cove 3. Doug Boddy-Sandy Boddy .............. . _ ............ .........................................Beachway 4. Jo Waldron-Joan Irwin ........................................... ...............................Americana Cove Consolation 1. Bruce Pimental-Chuck Richardson ........................ ........................................Clearwater 2. Rosaire Cote-Henrietta Cote ................................. ...........................................Palm Hill 3. Jay Lancaster-Karry Lancaster .............................. ........................................Clearwater 4. Fred Pestke-Keith Chaulk ...................................... ....................................Pinellas Park D04 No Two Pros - Clearwater - Nov 06-07, 2008 Sponsor: WCD Sponsored Main 30 Teams 1. Mickey Henson-Bob Sempolinski .......................... ....................................Pinellas Park 2. Geoff Bell-Tom Russell ...............-...--....-............. ........................................Clearwater 3. Fred Muehlebach-Gunther Forth ........................... .................Clearwater/Four Seasons 4„Bob Guerrini-Rick Lynes ........................................ ....................................Pinellas Park Consolation •1-;Arlene Guerrini-Betty Lynes .................................. .....................................Pinellas Park 2:Jack Thorne-Rosaire Cote ..................................... .........................Clearwater/Palm Hill 3. Paul Horsfell-Barb Hubbard ....................... ..... . ........................................ Clearwater . .... . 4.Joe Greenwood-Les Black .................................... .....---...............................Clearwater DOS Pro Dbls and Amateur Dbls - Clearwater - Nov 13-14, 2008 Sponsor: Ada Armstrong Memorial 0 - Main 17 Teams Joe Greenwood-Geoff Bell ........... ................. ...........------------------------------------- Clearwater Manx Kristek-Shirley Goodwin ....................... ................................................Clearwater N#Jncyyoung-Mary Eldridge ........................... ........................Clearwater/St. Petersburg M.01 Fick-Jim Barron ..................................... ..........................Clearwater/Pinellas Park On Fick-Fred Muehlebach ........................................................................Clearwater Poole-Bob Bugby ...............................................................................Pinellas Park k Hemming-Ed McGrath ...................................................Clearwater/Pinellas Park Norton-Barb Norton .............................................................................Pinellas Park Amateur - Main 13 Teams 1. Bruce Fawcett-Bob Weber ................................. ............................................Clearwater 2. Adelard Tremblay-Paul Papineau ....................... ...........................Pinellas Park/Wilders 3. Betty Lynes-Barbara Hubbard ........................... ......................Pinellas Park/Clearwater 4- Susan Allen-Bob Sempolinski ........................... ......................Clearwater/Pinellas Park Consolation 1. Clair Sutherland-Jack Heffernan ....................... ............................................Clearwater 2. Sandy Boddy-Keith Chaulk ................................ ......................Clearwater/Pinellas Park 3. Jack Pawlikowski-James Furman ...................... ............................................Clearwater 4. Gerry Blakely-Barb Blakely ................................ ............................................Clearwater D06 Any Amateur Doubles - Pinellas Park - Nov 17-18, 2008 Sponsor: Pinellas Park Senior Center Main 20 Teams 1. Bob Sempolinski- Keith Chaulk ........................... ........................................Pinellas Park 2. Thomas Sydeski-Mary LeBlanc ......................... ........................................Pinellas Park 3. Forest Malone-Ross Small ................................. ........................................Pinellas Park 4. Adelard Tremblay-Helene DuFcur . ........................................Pinellas Park Consolation 1. Dollard Leger-Freida Leger ............................... ........................................Harbor Lights 2- June Nowak-Bruce Fawcett ............................... ............-..............................Clearwater 3- Doug Reid-Bob Weber ....................................... ......................Pinellas Park/Clearwater 4. Jack Pawlikowski-Robert Conklin ...................... ......................Clearwater/Pinellas Park D07 Any Amateur Dhls - Pinellas Park - Der, 01-02, 2008 Sponsor: Pinellas Park Senior Center Main 21 Teams 1.Bob Sempolinski- Fred Pestke .......................... ...........................................Pinellas Park 2- Ray Barr-George Horton ................................. ...........................................Pinellas Park 3- Dollard Leger-Freida Leger ............................. ..........................................Harbor Lights 4_ Rick Lynes-Bruce Fawcett. __.._._ ................. ._ ........................ Pinellas Park/Clearwater Consolation 1. Adelard Tremblay-Don Carpenter Pinellas Park/Sunset Palms 2. Frank Camp-Pat Moore Sunset Palms 3- James Furman-Jack Pawlikowski Clearwater 4. Gerry Blakely-Barbara Blakely Clearwater DOB Pro Open Singles and Amateur Singles - Clearwater - Dec 18-19, 2008 Sponsor. Ada Armstrong Memorial Pro-Main 34 Teams 1. George Higginson............................................ .............................................. Clearwater 2. Ralph Webb .................................................... ..... .......................................Clearwater 3. Bob Sempolinski ............................................. ...........................................Pinellas Park 4. Paul Allaire ...................................................... ...............................................Clearwater Consolation 1. Bud Pittman................................................... ..........................................Four Seasons 2. Fred Muehlebach ............................................ ...............................................Clearwater 3. Jack Thorne .................................................... ...............................................Clearwater 4. Wilbert Horn .................................................... ...............................................Clearwater Amateur - Main 38 Teams 1. Rosaire Cote .............-----------------------..... ......-----............-........-----...........Palm Hill 2- Adelard Tremblay ........--------- ....................... ...............-----------------.-...Pinellas Park 3. Gary Moore -- - - - ................................... ...............................................Clearwater 4. Jacques LaFontaine ...................... - .......... ....................... __ - _---....Clearwater Consolation 1. Keith Gnautk --------------------------................ .....................------......----...Pinellas Park 2. Bruce Fawcett ................................................. ...............................................Clearwater 3. Sandy Boddy-Beachway 4. Thomas SydeskiPinellas Park D09 Any Amateur Dbls - Pinellas Park - Jan 12-13, 2008 Sponsor: WCD Main 20 Teams 1. Ron Leonard-Susan Allen ....................................................... ......................Clearwater 2. Ivan Lethbridge-Les Simms ..................................................... ......................Clearwater 3. Dollard Leger-Freida Leger ..................................................... ..................Harbor Lights 4. Larry Lafford-Norm Shoemaker ..............................................Four Seasons/Point West Consolation 1. Tom Russell-Rick Lynes ........................................................... Clearwater/Pinellas Park 2. Clair Sutherland-Dennis Cormier ............................................. ........Clearwater/Hillcrest 3. Keith Chaulk-Lloyd Pierce ....................................................... ...................Pinellas Park 4. Don Carpenter-Sandy Boddy .................................................. Sunset Palms/Beachway D10 Pro Open Dbls and Amateur Singles - Clearwater - Jan 29-30, 2008 Sponsor: Ada Armstrong Memorial Pro-Main 26 Teams 1. Bud Pittman-Gunther Forth ........................... .........................Clearwater/Four Seasons 2. Basil Fick-Eileen Fick .................................... ................................................Clearwater 3. Geoff Bell-Fred Muehlebach .......................... ................................................Clearwater 4. Nancy Young-Mary Eldridge ........................... ........................Clearwater/St. Petersburg Consolation 1. Bob Guerrini-Ed McGrath .............................. ............................................Pinellas Park 2. Joe Greenwood-Jack Thorne ........................ ................................................Clearwater 3. Don Lamy-Ron Bastien .................................. ............................................Pinellas Park 4. Basil Kerrill-Jim Norton .................................. ..........................Clearwater/Pinellas Park THE ADVERTISERS MAKE OUR PREVIEW POSSIBLE - PLEASE PATRONIZE THEM 21 WEST COAST DISTRICT TOURN. RESULTS - 2008-2009 Amateur - Main 41 Teams 1. Keith Chaulk ................................................. ..............................................Pinellas Park 2. Bob Weber ................................................... ..................................................Clearwater 3. Bruce Fawcett............. .................................. .................................................Clearwater 4. Doug Boddy ................................ . ................. ...................................... . . .........Clearwater Consolation 1. Sandy Boddy .................................... ......... .................................................Clearwater 2. Tom Russell .................................................. ... ..........................................Clearwater 3. Tom Sydeski ................................................. ..............................................Pinellas Park 4. Jim Furman ...................... - ........................ .................................................Clearwater D011 Pro Dbls and Amateur Dbls - Clearwater - Feb 12-13, 2009 Sponsor: Norris Pontiac Pro-Main 24 Teams 1. Don Winkloblech-Geoff Bell ............................. ..............................................Clearwater 2. Ralph Webb-Richard Dawley ........................... ..............................................Clearwater 3. Ellie Prevost-Ron Prevost ................................ .............................................Briar Creek 4. Paul Allaire-Jim Barron ................... ................. ..... ........... ........ Clearwater/Pinellas Park Consolation 1. Eileen Fick-Basil Fick ...................................... ... .......................................Clearwater 2. Fern Lachance-Bob Sempolinski .................... ..........................................Pinellas Park 3. Vivienne McMillan-Pam Hill ............................. ........................Pinellas Park/Clearwater 4- Joe Mayor-Mickey Henson .............................. ........................Clearwater/Pinellas Park Amateur-Main 19 Teams 1. Rosaire Cote-Doreen McGrath ........................ .....................Palm Hill/Americana Cove 2. Bob Weber-Doug Reid ............................ .......... ..... .................. Clearwater/Pinellas Park 3. Jim Ramsey-Jay Lancaster .............................. .............................................Clearwater 4. Ivan Lethbridge-Ron Leonard ........................... .............................................Clearwater Consolation 1. Adelard Tremblay-Arthur Leger ........................ . ..................... -Pinellas Park/Lakeshore 2. Steve Raimondi-Barbara Charpentier .............. .............................................Clearwater 3. Larry Latord-Rollie Zwicker .............................. ........................................Four Seasons 4. Rick Lynes-Bruce Fawcett ................................ .......................Pinellas Park/Clearwater D012 Pro Open Dbls and Amateur Dbls - Clearwater - Feb 26-27, 2009 Sponsor: Tropical Roofing Pro-Main 24 Teams 1. Geoff Bell-Don Winkleblech .............................. .............................................Clearwater 2. Ed McGrath-Tom Soloman ................................ ..........................................Pinellas Park 3. Basil Fick-Ralph Webb..... - ........................ ................................-...........Clearwater 4. Andre Huot-Paul Allaire .................................... .......................Town Shores/Clearwater Consolation 1. Mickey Henson-Joe Mayer ................................ ..............Pinellas Park/Town 8 Country 2. Jack MacLeod-Jim Arthur ................................. ............................................Clearwater 3. Marx Kristek-Shirley Goodwin ........................... ............................................Clearwater 4. Joe Greenwood-Les Black ................................ ............................................Clearwater Amateur-Main 18 Teams 1. Larry Lafford-Steve Raimondi ........................... .....................Four Seasons/Clearwater 2. Fred Pestke-Keith Chaulk ................................. .........................................Pinellas Park 3. John Witteveen-Betty Witteveen ........................ ....................... ...................... Beachway 4. Goorgc Queen-Yvon Lauzier ............................. ............................................Clearwater Consolation 1. Rick Lynes-Clair Sutherland .............................. ......................Pinellas Park/Clearwater 2. Jim Furman-Sandy Boddy .............................. ............................................Clearwater 3. Betty Lynes-Jack Heffernan ............................... ......................Pinellas Park/Clearwater 4. Dennis Cormier-Ivan Lethbridge ....................... ............................................Clearwater Consolation 1. Don Winkleblech-Aubrey Sharp .............. ...................... ................................. Clearw 2. Geoff Bell-Tom Russell ..................................................................................Clearw 3. Marx Kristek-Rosaire Cote ................ ................. ............................ Clearwater/Palm 4. Andre Huot-Susan Allen ..........................................................Town Shores/Clearw D015 Pro and Amateur Singles - Clearwater -March 19-20, 2009 Sponsor: Ada Armstrong Memorial Pro-Main 33 Tq 1. George Higginson .................................................. ..... . . ... ................ ..............Clear 2. Geoff Bell ........................................................................ ................. ............. .Clear 3. Fred Muehlebach ............................................................................. ..............Clear 4. Bill McMillan ................................................ ..................................... ..........Pinellas Consolation 1. Basil Fick .......................................................................................... .............Clean 2. Jack MacLeod .................... - - ...................................................... .............Clean 3. Bob Guerrini ..................................................................................... ..........Pinellas 4. Frank Hemming ................................................................................ .............Clean Amateur-Main 45 TE 1. Adelard Tremblay ........... - -- - .................................................. ..........Pinellas 2. Larry Latford .................................................................. .. . ... ............. ........Four Sea 3. June Nowak ............................. - ...................................... ..Clean 4. Bob BrecKenrrdge .............................. .......................... ..................... .............. Beac Consolation 1. Gerry Blakely ...................................... ........................................... ...Clean 2. Gary Moore ....................................................................................... .............Clean 3. Paul Papineau ................................ -........................................... .Wi 4. Roland Charpentier ...................... .................................................... .............Clean D016 Pro and Amateur Dbls - Clearwater - March 26-27, 2009 Sponsor: Colonial Bank Pro-Main 20 Ti 1. Sit Oliveira-Bob Sempolinski .......................................... Americana Cove/Pinellas 2. Bob Guerrini-Arlene Guerrini ......................................... ............................Pinellas 3. Bob Bugby-Bud Maloney ................................................ .........Pinellas Park/Clear 4. Andre Huot-Fern LaChance ........................................... ......Town Shores/Pinellas Consolation 1. Marx Kristek-Shirley Goodwin .............................. ...................Clear 2. George Higginson-Fred Muehlebach .............................. .......................... ._Clear 3. Richard Reynolds-Paul Horsfell ...................................... ......... Pinellas Park/Clear 4. Phil Hill-Jim Barron ............ .......... ...................... ............. ......... Clearwater/Pinellas Amateur-Main 19 Tf 1. Bob Weber-Doug Reid .................................................... ......... Clearwater/Pinellas 2. Bruce Fawcett-Tom Russell ............................................ ............. ...... ............Clean 3. Sandy Boddy-Adelard Tremblay ..................................... ..........Beachway/Pinellas 4. Fred Pestke-Keith Chaulk ............................................... ...........................Pinellas Consolation 1. Clair Sutherland-Dave Clarke .......................... ......,..............,..Clean 2. Les Simms-Gunther Forth ............................................... .......Clearwater/Four Sea 3. Roland Charpentier-Barbara Charpentier ....................... ... ...............Clear 4. June Nowak-Paul Carter .................................................. ........Clearwater/Pinellas D013 Any Amateur Dbls - Pinellas Park - Mar 09-10, 2009 Sponsor; Pinellas Park Senior Center Main 30 Teams 1. Keith Chaulk-Pat DePippo ....................................................... ..................Pinellas Park 2. Ron Leonard-Ivan Lethbridge .................................................. Pinellas Park/Clearwater 3. Fred Pestke-Betty Lynes .......................................................... ..................Pinellas Park 4. Susan Allen-Jim Furman ................................................ ......... ......................Clearwater Consolation 1. Marie Barron-Henry VanDorp .................................................. ..................Pinellas Park 2. June Nowak-Bruce Fawcett ..................................................... ......................Clearwater 3. Tom Sydeski-Mary LeBlanc ..................................................... ..................Pinellas Park 4. Jack Heffernan-Graham Garner .............................. ..................Clearwater D014 No Two Pros - Clearwater - Mar 12-13, 2009 Sponsor. Ada Armstrong Memorial Main 40 Teams 1. Ralph Webb-Clair Sutherland ................................................... ....................Clearwater 2. Nicole Huct-Paul Papineau ...................................................... .....Town Shores/Wilders 3. Mickey Henson-Keith Chaulk ...................................... ........Pinellas Park 4. Les Black-Ellie Prevost .................. .Clearwater i 22 THE ADVERTISERS MAKE OUR PREVIEW POSSIBLE - PLEASE PATRONIZE THEM WPalrn Clearer 33 Tea ?learwe ;learwc 'learwa ellas P. llearwa Jearwa =dlas P. learwa 15 Tear alias Pa 1 T? las as ar as aR aN aN is Te is 4epeome to SPARKLING CLEARWATER and THE CLEARWATER SHUFFLEBOARD CLUB, Inc. Games are held daily, join us in our excellent shuffling facility, one of the best in the country. OFFICERS Geoffrey Bell - President Email: gbel@nb.sympatico.ca Don Winkleblech - 1st Vice President Fred Byda - 2nd Vice President Tom Russell -Treasurer Pam Hill - Secretary Dave Clarke - Director Les Black - Director Bruca Fawcett -- Director Joe Greenwood - Director Bob Weber - Publicity Chairman 39 Courts, 26 of which are fully covered. Clearwater Shuffleboard Club will host 36 Tournaments during 2009/2010 22 District, 5 State, 4 State Amateur, 5 League THE CLEARWATER SHUFFLEBOARD BOOSTERS 2009-2010 Preview .s Pa s Pa usan Allen aul Allaire Faso im Arthur asal rwal im Bastead Pa Ron Bastien Geoff Bell i Les Black udy Black Barb Blakely Gerry Blakely Doug Boddy Sandy Boddy ohn Brennan Bob,Bugby ally Burnett Fred Byda Gordon Campbell Paul Carter Barbara Charpentier Rolland Charpentier Keith Chaulk E 0e 'Clarke ON' llis Clarke Rosaire Cote Richard Dawley Maria DeSwart Dan Donato Bruce Fawcett Joan Ferris Eileen Fick Basil Fick Virginia Fuqua James Furman Jim Gaillard Shirley Goodwin Joe Greenwood Audrey Groves Ray Groves Bob Guerrini Arlene Guerrini Ross Hamill Bruce Harris Herb Hayden Jack Heffernan Frank Hemming May Hemming Mickey Henson Barbara Henson John Heron Phil Hill Pam Hill Wilbert Horn Paul Horsfall Maxine Horsfall Barbara Hubbard John Hubbard Andre Huot Nicole Huot Marx Kristek Fern LaChance Dom Lamy Ivon Lauzier Ron Leonard Bill Leslie Joan Leslie Winnie Lethbridge Ivan Letheridge Betty Lynes Rick Lynes Jack MacLeod Bud Maloney Ed McGrath Doreen McGrath Patrick McGregor Bill McMillan Viv McMillan Scott McRill Bob Mitchell Fred Muehleback Joe Nevitt Betty Nevitt Jim Norton Barb Norton June Nowak Rosemary Qtmar Fred Pestke Glen Peltier Bud Pittman Ron Prevost Ellie Prevost George Queen Doug Reid Gary Ritchie Carl Rogerson Ella Rogerson Mary Beth Russell Tom Russell Bob Sempolinski Les Simms Richard Stimer Clair Sutherland Carole Sutherland Jack Thorne Marie Thorne Dave Tomsett Adelard Tremblay Pat Umbach Ralph Webb Bob Weber Don Winkleblech Shirley Winkleblech Nancy Young THE ADVERTISERS MAKE OUR PREVIEW POSSIBLE - PLEASE PATRONIZE THEM 23 I ne uearwater Shuffleboard Club 1020 CALUMET STREET, CLEARWATER, FL. 33755 727-446-3306 Clearwater Shuffleboard Club 2010 1. Florida Shuffleboard A. 15,000+ registered players in the Florida Shuffleboard Assoc. (FSA), divided into 7 Districts 1. 273 shuffleboard clubs with 2,700 courts mostly in mobile home parks 2. 68 State tournaments run by Florida Shuffleboard Assoc. all over the State 3. Each district also has their own tournament schedule in addition to the FSA Schedule 4. There are also approximately 70 Leagues B. The average player plays in leagues and regularly plays in their mobile home park or club. When a player gains more skills and is looking for better competition they start playing in tournaments II. Clearwater Shuffleboard Club A. Clearwater is in the West Coast District and it is the largest District in the State, we had 36 tournaments in addition to the State Tournaments this season. B. Membership 1. 2008-99 members, 2009-142 members, 2010-473 members even with this increase in members we lost a small amount of money this year, next year with more members we hope to be out of the red 2. 55 members are female, 118 are male 3. 144 (83%) members are 65 and over 4. Membership includes a) 8 club tournaments with FREE lunch b) Free Club Party with dinner and entertainment provided by the Club c) Free Donuts and coffee for all 40 West Coast District Tournaments d) Free Long Distance Phone Calls in clubhouse e) Free High Speed internet and WiFi in Clubhouse f) Free Internet and email classes g) Free 2 hour shuffleboard lessons for anyone every Wednesday for 12 weeks - You dont need to be a club member for this, anyone in the community is welcome, this year our classes averaged 40 people - class is taught by Glen Peltier the all time shuffleboard points leader C. Club Usage L With all of the tournaments, leagues, open shuffling and lessons, over 6,000 people played shuffleboard last season, our club is maintaining a facility that is used by 6,000 people. I am not complaining at all, I just wanted the council to know how many people play shuffleboard at the club. D. We have been paying utilities, some repairs, regular cleaning, regular maintenance, telephone, internet, all supplies, and other items 1. A few examples - we had many toilets repaired this year, we had all the terrazzo floors stripped and 4 coats of wax applied, had the courts repainted and repaired $7,600, upholstered all of our 48 benches and have started to repaint them. E. Community Support - As good citizens we permitted these groups to use the Clubhouse at no charge to them 1. Edgewater Homeowners 2. Census Department for 12 days 3. Board of Elections numerous days setting up polls and voting 4. City Employee Yoga classes for 30 days 5. Good Life Games for 4 days F. Plans 1. We are currently looking into changing our status from a non-profit to a non-profit 501 (c)(3) - We would like to make the court area more conducive to playing year round and to cover the next 13 courts. The main problem we have is air-circulation, if we could get a 2 mph breeze across the courts it would make it noticeably cooler, allowing us to play more in the summer. It would also help with the mold problem we are having in the court building - by going to the 501 (c)(3) status we hope to be eligible for government grants, appeal to foundations for money and make donations tax deductible because we are improving the lives of senior citizens. III. Conclusion A. Our club provides a valuable service to members of the community. We encourage senior citizens to get out of the house, enjoy playing a sport, meet new people and form lasting friendships and we encourage volunteerism. All of our members are volunteers. - Thank you for your time! FSA Districts Clubs Members Tournament Sites West Coast 78 31243 1 Clearwater South West Coast 39 21865 5 Southern 38 21392 5 South East Coast 18 1,000 8 Central East Coast 29 11,458 8 Northern 23 11641 10 Central 48 21967 8 273 15,566 45 ?- Meeting Date: 5/6/2010 City Council Agenda Council Chambers - City Hall 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 Item # 5 Attachment number 1 Page 1 of 1 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 Item # 5 Assistant City Attorney City Clerk Ordinance No. 8160-10 ?- Meeting Date: 5/6/2010 City Council Agenda Council Chambers - City Hall 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 Item # 6 Attachment number 1 Page 1 of 1 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 6 Ordinance No. 8161-10 ?- Meeting Date: 5/6/2010 City Council Agenda Council Chambers - City Hall 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 Item # 7 Attachment number 1 Page 1 of 1 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 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) Zoning District Low Medium Density Residential (LMDR) 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 7 Ordinance No. 8162-10 ?- Meeting Date: 5/6/2010 City Council Agenda Council Chambers - City Hall 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 Item # 8 Attachment number 1 Page 1 of 1 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 Approved as to form: Camilo A. Soto Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 8 Ordinance No. 8170-10 City Council Agenda Council Chambers - City Hall Meeting Date: 5/6/2010 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 arp appoemoximately $3,161,708 for general employees, $459,081 for internal service fund employees, and $828,093 for enterprise fun o r employees. Public Safety employees would account for approximately $ 1,870,367 of these costs. These additioni6ftyvresent 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 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 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 2 Estimated Costs/Savings SAMP/CWA - SAMP/CWA - SAMP/CWA Sworn - Totals Enterprise General Internal Svc Police/Fire # Eligible 41 49 17 68** 175 Incentive: $15,000 $615,000 $735,000 $255,000 $1,020,000 $2,625,000 Vac/Sick $828,094 $1,076,502 $459,081 $1,613,261 $3,976,937 Payout* Total Costs $1,443,094 $1,811,505 $714,081 $2,633,261 $6,601,937 SAMP/CWA - SAMP/CWA - SAMP/CWA Sworn - Totals Enterprise General Internal Svc Police/Fire Savings if not filled $517 759 $606 620 $1 149 919 $2 506 265 w/in last , , $232,968 , , , , quarter FY 09-10 Savings if not filled $2,071,034 $2,426,478 $931,872 $4,599,677 $10,029,061 for FY 10- 11 FY10-11 Savings if all $663,906 $747,437 $273,432 $1,271,924 $2,956,700 positions filled at a Minimum salary * Existing retirement costs "Does NOT include the four (4) Sworn Management individuals Item # 9 Attachment number 1 Page 2 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 $72,669 $87,847 $160,516 quarter FY 09-10 Savings if not $290,674 $351,389 $642,063 filled for FY 10-11 FY10-11 Savings if all $58,038 $74,442 $132,480 positions filled at a Minimum salary ***Existing retirement costs & may include severance pay Item # 9 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 5/6/2010 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- $164,053.19 For Lease-purchase 0000 over emo Bid Required?: No Bid Number: Item # 10 Other Bid / Contract: RFP Bid Exceptions: None Review 1) Financial Services 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Official Records and Legislative Approval: Services Cover Memo Item # 10 Attachment number 1 Page 1 of 8 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) systems on its premises, and; WHEREAS, TTG is willing to provide such products and services that together comprise the systems 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 _10day 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 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. Item # 10 Attachment number 1 Page 2 of 8 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 2 Item # 10 Attachment number 1 Page 3 of 8 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, TTG 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 Item # 10 Attachment number 1 Page 4 of 8 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 (15m) 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 " TTG 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). 4 Item # 10 Attachment number 1 Page 5 of 8 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 TTG. 16. At TTG'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 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 Item # 10 Attachment number 1 Page 6 of 8 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. 6 Item # 10 Attachment number 1 Page 7 of 8 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. 7 Item # 10 Attachment number 1 Page 8 of 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 Countersigned: Frank V. Hibbard, Mayor Approved as to form: Camilo A. Soto, Assistant City Attorney Date Date: CITY OF CLEARWATER, FLORIDA Bv: William B. Horne, II, City Manager Attest: Cynthia E. Goudeau, City Clerk 8 Item # 10 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 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 RF/D security systems or without interface to any security system. RF or No Security 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. VEC0300MED HARDWARE: ITG XpressCheck'^" Counter $ 11,995.00 9 $ 8,396.50 Each $ 75,568.50 Kiosk Medallion Style. SOFTWARE: ITG XpressCheck OR Polaris ExpressCheck Plus all necessary integration software (SIP2, ITG API as required) Optional Extras Printers and Receipt Paper THERMPAPER Thermal Receipt Paper (24 roll case) 1 S 68.40 Each S 68.40 Miscellaneous 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. XCMC Management Console for Remote Admin. $ 1, 200.00 Included Each FREE XCMAGST Mag Stripe Reader $ 180.00 9 $ 180.00 Each $ 1,620.00 XCTOPPER Standard Screen Topper $ 125.00 $ - Each $ - XCTOPPER Custom 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. Integrated Technology Group, Apex XpressCheck Quotation A Division of Vcrnon Library Supplies, Inc. I{. tem #gl]()f 2 Attachment number 2 Page 2 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 i XCPAYML ITG XpressCheck Fines/Fees $ 895.00 1 $ 895.00 Each $ 895.00 Configuration Fee (does not include Authorize.Net license). One per Library System. For card payment, order also Mag Stripe Reader from Optional Extras above. XCCBA Coin and Bill Acceptor $ 2,695.00 9 $ 2,425.50 Each $ 21,829.50 Requires ITG XpressCheck Software or Polaris Release 3.x (future release allowing cash payment) Self-Checkout CD/DVD Security Interfaces ITG ,1 V .Ypress' "I The ITG AV XpressTM 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 TM Cases. One Time XCLC-ONE AV XpressTM Integrated Locking Case $ 2,995.00 9 $ 2,245.50 Each $ 20,209.50 Detacher - One Time XCLCCUS-ONE AV XpressTm Locking Case $ 450.00 1 $ 450.00 Each $ 450.00 Customization. One time fee for customization covers entire library system - One Time Case. Installation, Training, Shipping INSTALL On-Site Consult, Install and Train for x 1] $ 3,000.00 ` Total $ 3,000.00 SHIP Shipping and Handling $ 2,412.29 Total $ 2,412.29 Grand Total: $126,053.19 Note: 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. Annual Support and Maintenance for ears 2-5 is offered with a 25% discount totalling the amount of: $ 38,000.00 Integrated Technology Group, Apex XpressCheck Quotation A Division of Vcrnon Library Supplies, Inc. I{. tem #glof 2 Attachment number 3 Page 1 of 2 r ITG XpressCheckT"^ Patron Self-Service System Bar Code Based Self-Checkout (for use with RF security or for libraries without security systems) Software features: • Easy-to-use patron interface designed by NCR - the world leader in self-service • Includes many standard features other companies charge extra for, including AVXpreSST`" case unlocking and Fines and Fees payment modules • Two-way remote messaging • Store and Forward allows self-checkout to continue if SIP server is off line or unavailable • Easy for library staff to customize screen messages, graphics, animations, screen colors, backgrounds, audio and receipt messages and distribute from one networked PC with optional Management Console TrI Hardware configurations: • Freestanding kiosks or countertop units; individual components offered for installation in or on existing furniture • Includes compact, one-piece NCR integrated computer and 17" touch screen monitor with keyboard and mouse, built-in bar code scanner and graphics-capable thermal receipt printer • Standard finish is black and silver; custom options available • Can be retrofitted with RFID equipment • Supports green initiatives by offering scalable, energy-efficient processor options based on Intel' Core T`" microarchitecture. The kiosk delivers high performance while consuming 60% less power than a standard PC and 17" monitor. Companion Products: • Kwik Case° AV case unlocker • OneTimeT`" Case unlocker • Fines and Fees payment: pay fines and fees at self-checkout with debit or credit card (requires merchant account and Authorize.net gateway) and/or Cash and Bill Acceptor • DiscXpress IIT"^ Secure Automated Disk Delivery System: a scalable storage and delivery system for valuable AV materials • Customizable, colorful unit toppers to instruct and attract users Specs: ITG XpressCheck Hardware Countertop units: • 18" w x 23.5" d x 23.5" h • weight including monitor: approx. 50 lbs. • Single-sided thermal line printer - power: 24 V DC; weight - 3.9 Ibs; dimensions - 5-5/8 in. W x 8 in. D x 5-1/4 in. H. • Power requirements: 110 V AC - min 15 amps (dual outlet required). Integrated Technology Group A Division of Vernon Library 54tRf,##c10 Attachment number 3 Page 2 of 2 Page • Requires access to the library's network (via Ethernet or wireless connection) • Requires SIP2.0 (can be acquired from the library's ILS vendor) NCR Integrated Computer and Touch Screen Monitor: Processor and Motherboard • Mobile Intel GM 45 Express Chipset • Scalable mobile processor options: Intel Core Tr' 2 Duo T7500, Intel Celeron° 575 • Speed-controlled CPU fan for lower noise • Intel AMT 4.1 remote management Memory and Storage • Configurable up to 8GB DDR2 memory • 80GB Serial ATA (SATA) hard drive • Optional solid state drive Touchscreen • Proven capacitive touch technology • 17"high brightness, high contrast LCD Connectivity • Two powered serial ports • Seven type-A USB connectors • Audio in, audio out, ADA audio out for kiosk applications • DVI-I connector on 1/0 board supports DVI and VGA displays • MIC input and headphone output • High-speed Gigabit Ethernet Standard Features • Stereo speakers • Motion detection • Secured USB ports for MSR, biometrics and wireless • Integrated signage system Optional Features • Omni-directional scanner • USB bi-directional magnetic stripe reader • Receipt or full-page printer options with two-sided-thermal (2ST°) capability • Global support for USB 802.11 (b/g) wireless Operating systems: • Windows' XP Professional • Windows XP Embedded • POS ready 2009 Integrated Technology Group A Division of Vernon Library S4tRf,##c10 Attachment number 4 Page 1 of 1 Integrated Technology Group's One Year, Limited Product Warranty Integrated Technology Group (ITG) warrants that the equipment provided in conjunction with ITG's Apex XpressCheckTM, Apex RFIDTM, Vista SortingTM 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. 5000 Miller Court East (Norcross, 30071 Tel. 1 77.07.317(voice) 1 77.7.31(fax) www.integratedtek.com Copyright © 2004 Integrated Technology Group Last Edited: 5/20/2004 Division of Vernon Library Supplies, Inc Item # 10 Attachment number 5 Page 1 of 7 D,, I I r?.4 Vii;. vp 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 RFIDTM 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. :__Lr_lorrlt'r ::ubmlts a support Issue. Iapp rt 1 ,7rii r it ._ the. I..Ue and a : iqno- it to tl ie appropri,7te.:_1_1pport rep. The :_ _ipp art rep addre :_t--:_ cLjstomer':_ i_:_rae and rr:_{_Nonds bpi phone or ernail. If the respol r_ e c Lild benefit other customers, the rep prlblishes the re :por::N= i11 ITG' searchable list that all customers, c.-in qe j. The support rep re pond:: ,:-:ith a solrftion b,a :ed on the information provided by- the CL1Stomer. The cListomer prc,', idr: -in,- additional information requested b? the sLlpport rep. 5000 Miller Court East (Norcross, 30071 Tel. 1 77.07.317(voice) 1 77.7.31(fax) www.integratedtek.com Copyright © 2004 Integrated Technology Group Last Edited: 4/21/2009 Division of Vernon Library Sulieiteffl # 10 Attachment number 5 Page 2 of 7 Annual Maintenance n r for -r j I I Products Tasks • 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.inte?zratedtek.com/content/support. asp • 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. • 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. • 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 • 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. 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. • 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. 2 Item # 10 Attachment number 5 Page 3 of 7 Annual Maintenance n r for -r j I I Products • 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. • 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. 3 Item # 10 Attachment number 5 Page 4 of 7 Annual Maintenance n r for -r j I I Products 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. 4 Item # 10 Attachment number 5 Page 5 of 7 Annual Maintenance n r for -r j I I Products (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 5 Item # 10 Attachment number 5 Page 6 of 7 Annual Maintenance n r for -r j I I Products (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. 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. 6 Item # 10 Attachment number 5 Page 7 of 7 Annual Maintenance n r for -r j I I Products 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 d.b.a. Integrated Technology Group Signature 5000 Miller Court East Norcross, GA 30071 Customer: Print Name: Title: Date Signature Address: Date Phone: 877.207.3127 Fax: 877.207.3129 City, ST, Zip Phone: Fax: E-mail: 7 Item # 10 Attachment number 6 Page 1 of 2 Apex RFID Maintenance and Equipment Lifecycle Policy 1. For all but Security Pedestals and Automated Materials Handling (AMH) products: a. EOS for these hardware products is set at 6 years (I 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. Attachment number 6 Page 2 of 2 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 Integrated Technology Group 2 Last updated: 2/6/2008 5:19 PM A Division of Vernon Library Supplies, Inc. Proprietary and ConficlRem # 10 ?- Meeting Date: 5/6/2010 City Council Agenda Council Chambers - City Hall 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 Item # 11 Attachment number 1 Page 1 of 5 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 1 Item # 11 Attachment number 1 Page 2 of 5 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. (fl 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. 2 Item # 11 Attachment number 1 Page 3 of 5 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 3 Item # 11 Attachment number 1 Page 4 of 5 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 City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 Miscellaneous Provisions As to Licensee Emerald Coast Bungee c/o Dan Northcott 915 Lantana Avenue Clearwater, Florida 33755 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 4 Item # 11 Attachment number 1 Page 5 of 5 Countersigned: Frank V. Hibbard Mayor Approved as to form: Laura Lipowski Mahony Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS LICENSOR: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: Cynthia E. Goudeau City Clerk The foregoing instrument was acknowledged before me this day of , 20107 by WILLIAM B. HORNE II, City Manager of the City of Clearwater, who is personally known to me. Print/Type Name: Notary Public 5 Item # 11 Attachment number 2 Page 1 of 1 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) PIE M i'60 orth r, I?I F ?\ ?I NCI ?w . ,. PUBL Ml PARKING Po PIER 60 PARK PAVILION "IMP ». - r ILTON" ' OTEE F?v 0- fln Roundabout Item # 11 Attachment number 3 Page 1 of 1 (4 station) sP ( t Item # 11 ?- Meeting Date: 5/6/2010 City Council Agenda Council Chambers - City Hall 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 Item # 12 Attachment number 1 Page 1 of 5 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 1 Item # 12 Attachment number 1 Page 2 of 5 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. (fl 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 2 Item # 12 Attachment number 1 Page 3 of 5 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 3 Item # 12 Attachment number 1 Page 4 of 5 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 City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Miscellaneous Provisions As to Licensee Ultimate Bounce, LLC c/o Alfonso Rojas 3300- 11 th Street N. St. Petersburg, FL 33704 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 4 Item # 12 Attachment number 1 Page 5 of 5 Countersigned: Frank V. Hibbard Mayor Approved as to form: Laura Lipowski Mahony Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS LICENSOR: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: Cynthia E. Goudeau City Clerk The foregoing instrument was acknowledged before me this day of , 20107 by WILLIAM B. HORNE II, City Manager of the City of Clearwater, who is personally known to me. Print/Type Name: Notary Public 5 Item # 12 Attachment number 2 Page 1 of 1 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) PIE M i'60 orth r, n" I?I F ?\ M? ?I W 00 41 PUBL °CPIE PAR KIT(I { h 00, Alternate Location I? ILTON OTEE NAT s,>r i', Y i 60 Ilk I'M fl? n` I Roundabout Item # 12 p F-?w Item # 12 0 ?- Meeting Date: 5/6/2010 City Council Agenda Council Chambers - City Hall 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 Item # 13 t_ ,trwater __-J _.__.?Iul . and oJ'PiI1c11a." G,.? Iat'r ,1-IIa EA . 11 ? irties entered 1rit dated A" r 9. 1990, V her'et ' * T hit qre e men 1 Py of C1 ea , i , - eed t l up i 1i 1t try?oovjo.,mentsonfe Q11 11+ _,t t Country -1 Oh j 61 lu 13 rb tape f indlas O i i Latjaw the I n, GJ'tt let°na set Art it t11+_ '' _ . , a ouid Attachment number 1 Page 1 & 6 "Av' Si'°?Iv , fic 1 Of d A enn t the light 1. "1"V NOW U _r7t Mo-n! Maid i m i &o 1-h L LM An "W"" ? KnoHy I p! 1 ? . I t C' W. ? r 1Mi 4 of t,7?i s 00 0', iq 'H 0 4 _ a In all othi-,I- 7 j_ ??+,.?+? i ?? t°e.etnent remains in fut I +.1 ?.,:, .. ,;. @, i9.i11C f ._a, i]illil !'Y. App u as to form and = s : an e City Atb.owl:', By: to 01,111: Attachment number 1 Page 2 of 6 Genera? (''--j Of lice Th.s Agreement rflade and entered into thr ? 4' . day of tend ., J?.r the City of Clearwater, h la la, a r?un? i?al ? ?t?-r?, herein r ef e'-,-A to as "Ci type, and the Schc J 71 e- ] of Pi nel l as County, after, r re! _. o as "Board",, A5, there i for ; t' j lighted soccer . , ad bas c: 111' .Melds in north ?, Iearwate, , and Attachment number 1 Page 3 of 6 the re are ava11 abl e t1 el ds for these u H : t County High a and WHERE AS the fields at Co ? 1'e High School are of certain im rove-ments and 'WHEREAS, the City does have available funds to assist in the irrprrovernent and in:' llation of lights on these fields; and r,he Hoard is willing to allow the City to rake these impr-, s and r the City and Hoard are each willing t- c per°ate in this €a 1 t in conditions and provisions THE ORE, 'in consideration of the c here' c ?ained and other i valuable consideration, the City , r'ees t ira field impr•eve.,.a,.nts at Ceuntr, J 1 and the Board hi ? asps to the City ,. side Hig pl ccordin to the f lle,,,i a ter[r6 con di t 1 oni . ,,cant s l ? Thy, tu. .ri of this A.greoment shall 1- for a peric4 of twenty-five (25) commencing end endir i r, 1 , 2015 2e it;y agrees to insta{.l f°iel rr and other ,ml-:, 1r7 future to the soccer fields and the yids located ,th and northwest of the radium (Exhibit C improverarents vihl include grading, irrigation and sprigging 3. lie City agrees that prior to mlki;riq any of these improvements, the `superintendent of schools, or ee will review and approve the construction plans, Said approval', if given, shall be in writing and shall delineate any modifications or conditions t the construction glans, a.. e _ ad to by the City arr . ? r i rr?`erri of improvements m 4. The City agrees to maintain the l "M '_ pules and 1 ` . 'd and i rr°i at ,ystems once they are i w a l l ed and to p L 11 utility costs assic : w:'_ wi th the e b The City o ; ; 7. t , on a regular , the 1 rcght po as and 1 ig;icin At hmentnumber1 Page 4 of 6 W -Vn J s, and t ! , cessa r 5, The juard aii s as t- maintain the turf areas in a manner coy with regularly r „ ,led field maintenance. If the pity dete. that additional maintenance is necessary, e.g., resoddi n , repairing of .sod, ' i. . control, mowing and fertilizing, the City may, at no cost to he Board, offect said maintenance, upon scheduling said main Lr,c; Wits rincipal. 6. The Board e rees to make the fields available to the City for City sponsore ; ,;rags when the usp thereof does not intprfere with the regularly s -- led school P pecificalQ; n- ity shall have use of Q a snorer fields Mooday through Friday, after :00 .m. until 11:00 pyre, ? , from 8:00 a.m. until 11:00 .m. on non-school days y. Each party a rees to maintain the facilities and surrounding area ire a cl - , a V i ° nry condition after use by itself or any of its agent or r n r Wees . 8" The City shall provide supervision of programs it onan :. an the site. The supervision may be delegated to co-sponsoreu groups approved by the pity, g u The City shall not sponsor the use of the facilities b ? -y person or organization for profit, The Cite further agrees t_ is unlawful, it _• per, or ",` K "t the facilities 10., the City shall use UP 0-'ties p {man'slc as practice „7 ? fields for youth athletic leagues. 11. Each party agrees that it will save the rather harmless on account of l i geri - of its PWP 1. ees or agents or on a. c ,.pt A any w .safe con g t i on that:, may exist as result of the negligent party o y ji1able to it, o to any of its officers 1. _ oectinn 768.28, Florida Stat-tes. 12,. The City agrees that t, pw? gall la, M no ent, inspect the facilities and t„o artivii; iducted -V--- reasonable times. This Agreeme cu 1- either t , -_ Attachment number 1 Page 5 of 6 or Board upon sixty (,rad) day's ce written no . i t t° ?r party. If, at any time, thr Q Principal or Mignw- -1 _. .,. nes that the use of the m :5 by a City sponsor. ` p a ;use disruption of, or rote renrce with, the educatir<. al prowoss, at the facility, a potential tii L t - - of thA _ Apant.s$ spectators or the po pnt i l for e 2 to t6° rgbjew fari l i ty t .., grounds bt Y r se, t Arm I d other cau! 13, Upon to err or 1 Lion of this agreement, the gii l have reasonable time t€ the light fixtures ' li oles for use at a different fa , it,y4 The City is res on bl_ Or the cost .i ith removing d light fixtures and light poles, 14. The .v r_Aer agrees that j the tern of 'pis lease the City sh l it a writable means of ingress an ys t j te, as afforded to the Board, as r.-11 as use of the }.' W facilities, as long as said doesn not i r wi, tl operation of the school, 15. In thy of questions ar s it o the use of the fields or otherwise arising under this A, Ow -t urns shall be settled in writing between the Wntendent and the City ianag-, or the spe As-i gnee of A - for resolution u :h ueu co{ .. CILrY OF L -?', ^'.i Cii P ..I Attachment number 1 Page 6 of 6 Appr°vec, s t; firer' I curr i + F' M. G 77 y 5 ',?t,.? ` ,i? A isf or° Wi y+ye„?y ?3 I , - _ 7 at . r 1 f II } r I d'Y P Date ?- Meeting Date: 5/6/2010 City Council Agenda Council Chambers - City Hall 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 Item # 14 Attachment number 1 Page 1 of 4 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) WITNESSETH: 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 '/2 of the Southeast '/4 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, C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD. 11881. 1.PUBLIC-ACCESS-BOY_SCOUTS_LIC_AGREE_0110_(3).doc Item # 14 1- Attachment number 1 Page 2 of 4 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. C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD. 11881. 1.PUBLIC-ACCESS-BOY_SCOUTS_LIC_AGREE_0110_(3).doc Item # 14 -2- Attachment number 1 Page 3 of 4 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 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD. 11881. 1.PUBLIC-ACCESS-BOY_SCOUTS_LIC_AGREE_0110_(3).doc Item # 14 -3- Attachment number 1 Page 4 of 4 Signed, sealed and delivered In the presence of: Witness signature Print Witness name Witness signature Print Witness name WEST CENTRAL FLORIDA COUNCIL, INC., BOY SCOUTS OF AMERICA By: Print Name Title LICENSEE Countersigned: Frank V. Hibbard, Mayor Approved as to form: Laura Mahony, Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: William B. Horne, II, City Manager Attest: Cynthia E. Goudeau, City Clerk C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD. 11881. 1.PUBLIC-ACCESS-BOY_SCOUTS_LIC_AGREE_0110_(3).doc Item # 14 -4- Attachment number 2 Page 1 of 2 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 WITNESSETH: 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. C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvertPROD. 11878.1. Signage_Fence_License_Amendment1_8_10.doc Item # 14 1- Attachment number 2 Page 2 of 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 In the presence of: WEST CENTRAL FLORIDA COUNCIL, INC., BOY SCOUTS OF AMERICA Witness signature Print Witness name Witness signature Print Witness name Countersigned: Frank V. Hibbard, Mayor Approved as to form: Laura Lipowski Mahony Assistant City Attorney By: Print Name Title CITY OF CLEARWATER, FLORIDA By: William B. Horne, II, City Manager Attest: Cynthia E. Goudeau, City Clerk C:\Program Files\Neevia.Com\Document Converter\tem p\PDFConvertP ROD. 11878.1. Sig nage_Fence_License_Amendm end _8_10. doc Item # 14 -2- number 3 LEGAL DESCRIPTION A portion of the lands deeded to Pinellas County for public road, drainage or utility purposes as described in Official Records Book 857, Pages 544 and 545, of the Public Records of Pinellas County, Florida being described as follows: The South 33 feet of the North 1 /2 of the Southeast 1 /4 of Section 32, Township 28 South, Range 16 East, less the East 965.08 feet thereof Pinellas County, Florida NOTES 1. Basis of Bearings: Assumed North. 2. This sketch is a graphic illustration for informational purposes only and is not intended to represent a field survey. 3. NOT A BOUNDARY SURVEY. 4. This description and sketch were made without the benefit of a current title report or commitment for title insurance. 5. Additions or deletions to survey maps and reports by other than the signing party or parties are prohibited without written consent of the signing party or parties. 6. This map is intended to be displayed at a scale of 1" = 200' or smaller. LEGEND a NOT VALID WITHOUT THE LS Licensed Surveyor SIGNATURE AND THE ORIGINAL 0. R. Official Records Book RAISED SEAL OF A FLORIDA P LICENSED SURVEYOR AND MAPPER POB Point of Beginning . PSM Professional Surveyor and Mapper (R) Record RNG Range R/W Right-of-way Nicholas M. Circello, PSM SEC Section Florida Professional Surveyor TWP Township y and Mapper LS# 4898 Centerline 0 J i(3 PREPARED FOR: LEGAL DESCRIPTION BY DATE DESCUTION Bay Scouts of Americo West Central Florida Council (x}89), , 0) SECTION 3 TOWNSHIP 28 S. RANGE 16 E. GO IND'vis DATE JOB NO CREW CHIEF George F. Young Inc . m ° DRAWN ELC 4/17/Q9 ? , . 299 ON MARTIN LUTHER KING R STREET N ST P 0813047001 CHECKED Nicholas M. Circella PSM LS 4898 . . . .. . ETERSBURG, FLORIDA 33701 PHONE (727) 822-4317 FAX (727) 822-2919 SHEET NO. 6 MELD BOOK April 17 2009 BUSINESS ENTRY LE21 It@n'1 4 FIELD DATE ARCHITECTURE-ENGNEERING-ENVIRONMENTAL-LANDSCAPE-PLANNING•SURVE13NG^L uTIES DATE Since 1819 OF GAINE5 I-LE•LAKEIN000 RANCH,ORLANDO•PALM BEACH GARDENS-ST. PETERSBURG•TAMPA-VENIrE I ' 9 __._ .. ,. i,.. r ,, ,t F, Ml ? . m n, 1 wA? Attachment number 5 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 Item # 14 City Council Agenda Council Chambers - City Hall Meeting Date: 5/6/2010 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 Sheriffs 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 Comments: Current Year Cost: $23,239.04 Not to Exceed: For Fiscal Year: 2009 to 2010 Appropriation Code Amount 0316-94234-564100-519-000 $129,731.00 Budget Adjustment: None Annual Operating Cost: $26,984.05 Total Cost: $50,223.09 Appropriation Comment L/P CIP Bid Required?: No Bid Number: FI Sheriff s Assoc and FI Other Bid / Contract: Assoc of Bid Exceptions: None Cnties Cntr 09- 17-0908 Review 1) Financial Services 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 15 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 5/6/2010 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 Comments: Budget Adjustment: Current Year Cost: $228,332.00 Annual Operating Cost: Not to Exceed: $228,332.00 Total Cost: For Fiscal Year: 2009 to 2010 No $228,332.00 Appropriation Code Amount Appropriation Comment 0376-96739-561300-533-000- $228,332.00 see summary section 0000 Cover Memo Item # 16 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 Item # 16 Attachment number 1 Page 1 & 9 1 ry r) I +t 1 I' 1'1:1` "l°1 11: k 'tit,l'?1 ! k.1\(, O} k' W \H \ N It Kin N.,( lad, I\ M 'E'li( i Vl t'11 I,0 I I 1 I I L" , 11 1 A'\14 lrt,IR) tWO P"s .r I i1 .! 11 ilFi 11?1,6? i I fp" ;1fc F?1 7 5?.,1 I?,i ?' ll?•ilt. L,?, ??ul 1 C,D [,tl IIG???,d. 11s3 -aye Of ""wk 1: i I I I I i ??I I Ii1 I I Task 1 projc , kt>1up HTA LWAI'd1h) "l l' ,1111 -1' Irl;. I f \ 1, F! H4 h in! ,i110 6 ll 111c,11,1' kick-off w, °11.1, 1`'1 i lt` it l': l Ilt I I'1 S.'.,l l'4''.'i t', I_ 1'," ri111 ° Statti' I'illjeci X ,I lfll li 1 l'17 ?l<t" ll1?1 Y"s'?7q r ?'I ',?'' ??'; ? } a 11' i h I li' ?I?'Item it 16 Attachment number 1 Page 2 of 9 C, FT I fl,ll I ? II I I I 1, a s ht'_e 3, F'I ?.11,',II ._I L,lI„i111 11' I„I.l MIli'I,., ,111 I .;,I 1 I-IS?fl?1 11'..I. If. i.i !'Ir' L?l 111 1," ??.'lrl li.il I.. 1'r' 1111'i,„' r lt.,. ? I.` I'•"?- 1 ,,.? :, r lrl 1,?t II ?_, I I '. .?, 11 ?. 'r. Irl ??'-I_I'.. ? ?.. r. ''i rl.l ii 11-" £II 1' 1 it l'11 I , r 111 tae Will 1"1 °II` 1. I, lr 111 I 1'f`?} Ir ,'r I r?l II1?' I?°1 11? I?? ?I; {,r ICI 1 II°, ?i; i 11 -,IIIj i?i?:,?11 ,[? nl ll,,? I ID II1l f l' I Ifl 11r 1.. 1 1l i I1`II1 lip ji.. 11 111 r f ?. fl: ]I fly,' ?1', 11 '1tS li r,l? ,''r {? ?9 ,„1t. I 11A 11 Item # 16 Attachment number 1 Page 3 of 9 CLI, I I ? ? I I I `, ' t'r i? 11 1 Mill [I, Ir I I ? ?r„ ? ? ? I I I I I ?? ? r,l f. - III 1?f I ' I I ,1r I r' i?- III I I ? I I I 4. 4._ ?Il, II i III ?? I ?, I? nj{ P -4 I I i _. l i i I I I I , i ii` I to i1111I ? I'1' 1 r+? II I' I ti ,? I I i12` '?I 1 ? I°? III ?,I I ?I II° I l? II ? Il ?II.. III 'lll. 6, Ccll-)J?1,11 h? I I f 11 I_, I?ti?_? P t «. ?sll a 1W1 ..I., 'It Item # 16 Attachment number 1 Page 4 of 9 I I ? I I `?! II ,1 ,, ? a I I 's- PI -.re VI^T111t9s) 1,,- ?? X 1 1 []1 t I f.''ll ? }11 i 'f 1'??.' ?-,':ll 1:?'' ?I ll[1.1?,'I 1 ru? ?'?? ?i?? ???.';??5"4i '+?tlw3 I ???1?.']I.1.11?`,d f?D Item # 16 Attachment number 1 Page 5 of 9 t ? II i I I? r I,i ir' li' I ?? I I I I?f°, I ? Ilr I1 I Ia 'rl 11?I I I 4` LI I III r r I II 1', I i Iv, I I III I I 1111 I I ? I d:,i ?I; w C t(,', I it II I,I?, ,8 l `?, 'lr jI Ii. ?,II -rll lfl ?r,ll I?,Ii at? the Cot '.7 Ir 1 III- t? 1 I I 1 CI if ilr? il' R r'. I I I If'II 1 ?Illr I I I I I a I I I I I ? ? .'fill i I? VIII i?', II I I Pl;,(" Construction ?( L-, ?a C ?Id,'!?? ?I Cf"bntk°Yacto1' e411d City staff to r?.,•, IF,'?? Item # 16 Attachment number 1 Page 6 of 9 Y 1 C" 'I 'I 1? 1 Ill I',:l, 1! ra, ?I ! I II I I I I III I I r I I III I I I fall ' ?I 1 ?? II I I ! II I I I 1 t?? ;? 1 I I I I I I I I I I I I I I I I I I ? ? I I I I I I ! I ! I I I I 1 I I::;:, 1 I I I ?? I ? ? I I ? I ? I I I ? I I II I ? I 1, I 11? ? I ?? ? Ir??l? I i t I I I I I III I I I ? 11 ? I I I ?! I i i w. 1 4 ? I I?, Ii?l 1 , L?a??4r C1 L'! ? I I,,' 11 Il ' !s•?I P I ???;? ggVT I I I I I i. ? I 1 + I I I , ?.. f „? i ICI I i 1 I. 'r { 1 11 L 1+, its t`I ? l r to 5. ('1vcp fw1ioz 0) a. t@ [1.10 1 C01l,,d r 1!: 11t;R't I r I"I 1 I i i I i, if 11'LIL.L I11 f 'Ind L, D !c, I I',I?''H I { ), l T'+ II it nlr ?I?I L, LenIpd>rary Item # 16 Attachment number 1 Page 7 of 9 4. B1 jT)C FT' f", C 1 I I , i I "' ? I I , I I I I ? I h i ll : I ' -I project scllt'd ole will lie ? Io, to Hit" Cjt Item # 16 PIA Attachment number 1 Page 8 of 9 ?? ? 1 `i' ? I I I I I I .? I I 17 I I 6"z Creed: L ? i ?p „lF ?$I`?'i•r.9f - ` ' 11,1 ?.kSil[1 {?f11J4 101 ?1141'?,I fy_d?,E.1, 1i !1flr]?`7 FAD I 1i??1I ? ?? ' I ? Imo. ? I f s I I Item # 16 Attachment number 1 Page 9 of 9 C1,111 C I ) I I i;a1 I lz lk)f 1, 1-1 iI ?sY,s'.s1', 7f ii: ?'I AI I111131I+ f ]f11V tku a"r,11 •il l?a,;l ,I',ai? ?Ii lye E ,, lil ?I, ?1 ? rri _ flf. ? sn I ICCf (I;1?',i l+; ,t,l?° `ll ,f', I,I I '1!{111 <, I1 ,Is Ii"?(?If'? L9 f ? ? ?r€Slit'q? ,E{ f,?,;1(?C171 It, I I I I li,l l ll,_ i I' I I u,I' ±r,. 1? I I,???; I? i I Item # 16 Attachment number 2 Page 1 of 27 A PF f -"F?1T NO, 10( l'r'1111 COC IFIF-7ATIVE FLJNDIN A REI P:1E-f,jT BETWEEN THE SOUTHWEST FLORIDA ATFf , I'Af`,NAGEMENT DISTRICT Al CITY F C t..- F .", ATER F I CLEARWATE# H, RB R R I_",IiviEL) MATER PROJECT (N1 9) THIS CCOPEF`A,TIV FI1U,WJ' 1.11 fi'l ?i?; r m rrtr i?. i ii *_, t 'inn hit een SOUTHV.I I F ?_ai•'f.i'', ?,rE-f ???1?" S F',i{ + 1 FICm it], ii,rdf'al rII Ii' 1 haIfoi t' ?I[ 4 ,r?td., toa ] the'DI•_.TRICT" CITY'Chi 1PLIM Of 112 South Cr- i. Avenue, 1-.?4 ?r. r,? firs r0r rr-i:d to t i,, 'lCIT'" j,MTl' E ETH- "iIHEREA , the CITY i_ii pc)sed pr . t r the DISTRICT for funding consideration under the DISTRICT'S coof!E:fI d v f- fundirr pro Aram; and Vi,"HfFREAS, the project c,r n i is of the p,,,rr1,ra1tti,r t ;-mfl _?ori-JrUdiosI _f {?cl;Eu,ir-+_1 ter trr-jnsmission and r lliAributitlri lines in the CkJ:rr.,. s', r Har [:),- r r} s if the Cif , f Clearwater, hereinafter referri, I ti-, ? the "PROJECT"; arif,t WHEREAS, thr MSTRIC . ,_•° fir. the PROJECT worthwhile and dt` t1 t assist the CITY" in fundrr i Illr. F'ROJEC? , ,s rJ WHEREAS, DI: TRiCT funding for the PROJECT may include trrrrr_1 1s -ini the Water Protection and efarfity Pro rai-i Trust 1 ; id (` F` P`TF); t ii ;i et srtnrent of Envir+ rrrn r tal Prat vt;orr (FD F' r 6 i t Finai-icial As i tai) r: ntrrr 4,, r: CAF A 7710 ii NOW THEREFORE, the DISTRICT and the CITY, in cw si ir; + « of the rnUtual terms, covenants and conditions sr-t if )! th herein, agree as follows-, 1• PROJECT MANAGER AND N TtCES Each party h roljy desi wW tho rslplsIye(n, set forth below as its respective P--°je,l f4'lana er Fli j1{: t P 1 3? ??, 4, ?> G+III ? si t with PROJECT coor iii anon and ,rII i,t ,ch partyf's prime t + t ,, r N(lk3 (:s and reports will ti,` to the attci ti(m ;J ,.,•,ch 1)t3rt 's ProIt-ct P,1.3n ,_z r by U,S, mail, postage paid, id, to 01' P'11rt' i' .1t ii.11{ -,,3t fcrrth in the I st_ _, f! '-t-'r' paragraph of this Agree i-Ger-t Project Manager for the DISTRICT': A ith(any Are,;rKi 1- Project Manager for the CITY: Jfui ry dells F Item # 16 Attachment number 2 Page 2 of 27 Any chin i }, r fl, the abo', E i -11::r t tfives c Must be provided to thlF fher party in writir lg. 1,1 Tl ? DI TRK Prnfr-t ,-)?,ifh nll-?-iri PV?,iJ_hE_(?T be i.r .,rrting, !r l"vuilli*,Fr_;r ind hi -i her f lI ir Deputy 71'11 1'1_,li,F: IDr.{l,iifnji:nf Ciil, hri I,; the The DI TFI I not :jrlth i- _ti f rc'-, can liii'l C ?t wi i? L,.I I Ftl ? 1 F,',ICT or which will Y i nn, t f Period. 1.2 Tho FBI:-TPIr,T` Prl?i,,,, 1 I 1 ? I° s r,?l r? , r t d ?? f ri f,.j I ,?11 1°:r ?e Pr "I?t ! jI 1 1'n, 5"1 f'110 f i[ f V if l ??ll a h Iii ,,Ating, lL 1'-;? fI Ill tii.: fil]Illlfili'-Ind h?' Pr:)jlLct Manager, hii l,r ,r-merit I f< ,Ir,rl The DISTRICT'S not .i:irll ??c, ,l tt; ?[iak l l wiliF l1:) ttr_ ,ll >i a, i l iiR the n,i i ,.>, ofV n;Gi< and is not ,I set fr-?01 1 01 the fui',1 ln, ,;, hl ''I < < }his jr?;,,-Ijlent. .. SCOPE OF 'WORK. Upon prr- -°r.r;,f f ?n thr, DI TRI T, the CITY agrees to perform l7 Tsui ? l n ;c ti art f T',h ilf .i, h PROJECT in r ?ldance with the p(,r° l Project T-i-rrl_, .7'1;1 1- 1 ?n iihl loi-, -,ut fi-r-th; iii Ll, Fhi -it "A" and th'i PITY'S Proposed F'r, set frj fh In F xI iIh,lr L),,` nj changes to tl,i,. Scope of V'`« ,rk and associatll-i t, ; t as h r: i?, i must be mutually f ill to in a ft rr al written X311'+ n in <: 1 ,r,t, i by tf?tJ Iii TFJ T acid' the CITY" prior t;) being ptE tfljmied by thl k the provisil_?ns of Pall]" rl9ph 3, Funding. Th{ CITY will bu solely l0r n7 anagin J th:t1 PROJEC I , including the hir rur ?iid sul),J ',di4Jrlg of and -lwL ull irAs or contr,?i t( i?, it 6f1(fLj f';? in order to comp" fl III PROJ E T. . FUNDING. The parties i; Ilicipate that the total h='k'?)jECT will h l l.:-VII ,iI Two Hundred Fotrr TI3{v, _;. I -i Fifty Dollars DISTRICT ? , { { n f PROJECT costs nip to Ot1,1 Million One HUn?,I[C. 0 T°'No Th lu-,,1l1rI f d r- ($1,102,025) f=t3E,I, , t to P,ir?,ar.,hll?, 3,1 and ?'->. ? ?..I ?3?1i_; II ll ill, t-);13y; any costs I?r? ???r1 fhI?, m,i,01mii iir Misfit. The CIT'1? tO fU?'d PROJECT costs t,l) to One Million C'r;?L Cullars ($1,102,025) and will be responsible f ,r ,tr 11 h ,,. i t3 .al PROJECT cost, The CITY will be the I& M p:w.' f thi f1 :; n' 'rIl l l , ,, i'i;r) tl 1 costs prior° to requesting reimbursement frr',m the al f]FW- T. 1 Any funds received front the WP PTF will b l:l 13+W:_I f equally reduce each p,irty`s share of allowable construction costs net to n?;,??? l (4 fh1 . total %alale c; ;r r,f -ut r.Ion costs for the PROJECT, Any state 3- r f,r,„r:1 31 it jfi ins ,1111 ur grant moni= received by the CITY for this PROJECT d?:ll h ;3;.1, It i f? F;.fually reduce each party's share of PROJECT costs, The p rrfl--, :ill I:r .i{-Ie each other with written documentation detailing their allocation _J 'w y,, such funds appropriated of 8 Item # 16 Page 2 Attachment number 2 Page 3 of 27 for fl i PROJECT, In the event the DI TRi T ro,,,Jd fr. r,," liI,I- r" "r thy, PROJECT fl°, t I?'TRV' T'S --hrim teti:r .:II St at to rI i_, r "° n ??i? t I1;tvil? ?',•,'Fi I j 1 ,,O'I h?;I+ lrt 1;?1???'II'tl ?? fI_;ril ,I±h 3. The DISTRICT v,;I; ,rth t' I CITY for thr :W the PROJECT costs in accordai Ii_ Jf°_I 1I I i '[i Budget ( oi; il? 3i t tl I f Ire L,1-t forth in Exhibit "B," ,i;iJ i h! F I { I .1 °wi l The 'IT 11 t; i Vith I_J??ISrl"Yii W J 171tf. Yaor?`?! ?;_I l i ?'•I' I 7f;i it I_:]I I ?"i?`? i?l,t l i,_ I I-''[ i'i_;t ? f f11`_s Barth in ._ iikiji _I ,11k bt;i?qot (i'i1i7?:lI I'l? f_l --I"1.1.,`II tlIF: :11'If?IJi 11 ti, I I ich LN l',I ?' l? t f l ?)II ?' .. II t; 1( I Ti7:11I(_ iir?I diIi i? nIl llrii, n.' I+c: 0??, i, { ?',,,flk.;lll will be maci,,, il. iIii ..:l i',YIII 1 f iI ilt11 III'... V i F iit"?I''I Act, Part VtI in [rIv" if pproprictt+? ipJjii11I "I i 1' iti I-I IIL??I.i ?l to the DISTRICT tl, ,roily at the ,_ iii(lrF Southwest ?1? ? ,I• f ?,?? , , ?? District ? Pi cf?I r+ I"• 1 10 Brook ,.,i 1- I Ii-?i iii ? 11 1166 3.3 n .•,,hich ii. j'r" be ttf?l ?ri?"_??s i i ill-r 1lIi_ paid in acct I"t,:'I 1 with `..?_ _t;on 11 "Lui31, F`_ i- I11,1a' i'?' ,lt ?d f l I?' ' t 1)rn ftn'l",' t1111t_ 3. The CITY will ";r1?we that th I Ott: in7 ;x,liitc 1. to the PROJECT i i_;d I[I li ,_?? i7JIII i` t. that it will continue to hr 11 to it ? 1Jr? i I ftI; `? j1 11, till ?et"9t, for lflttl$ti ?? -; 11" Il i? 3"riI'1d ll"?'"?fh'?ft, 7 the to ti?u Pi ";-`t" vt ,,Ir17It-terrn coiidi -: i if iiie conti i )f the IT''r'. I h-- i:ITY 1II pilu.kJi tt?Ft ri e to the DI TkI TAr1 in adverse short-terra u A;i;I tite U'lY", { k-m if •1i t""_;in with refl to A conditions. The DI TRIP,'l Pii,p ; t ?r will f rift detf:rmine i' It: CITY'S "m liance with thi-, of the L71.,TF 1!: T re "J[- I a'Anii, ..l R. _I,Iiiii ,i "ater tarnMaj-y R ? ' If the fiI" }_P\Jf (_1 [?ot to it I":i;lflt-`!It tI`li' I>i??i i }• f l?l ?(.lLlir illy' tly". L)lw??l'?1(.1 i?;l ?y'rt er;iti ni,?i? f ll?`?u?l1t t Lt1.r /'A'! If r -wl?punt Cqu? v4 di;;rlt to t.le -ii i,ne of ?•ll ?d liy ncb TN' P l; ,Ii.ll Teti i r.t[ Ave the e,, piration or'- f 1 ii } atlon of this, 3. The DI;:':)Tt I T rill not reiml M the CITY for any t?rtll, > not specifically k _n fl,Iii Pai i 1t;iph , co (L _4 Work. Item # 16 Attachment number 2 Page 4 of 27 . Each CITY invoice rust include the f...rlo.:+i rtlfi{ ti > 3lt l the CITY h-f, icy I 1,}[? ?f1i',hirity by virtue of tW 'fiJ r? it tl1 1, C?? e,t+ t ?.1??rf;?,r to ttir?? iai that the r , i i-lf11burs+ 1,-lit and It r.I t M,rlthtl l',i1 I` as r If'_. lh:(I 11" lll!?l ti I t;ll :mane llll I 'r th C'':, '?lf ,. it, -I I I'll hi::[IiITI? i7 Ill if j I 1, ?I', ll11 ;t the k flit dt'+[,1_ll1 ii l if l_ If Ir 1 if' t', Il{' CIT', ti_;II Itl; I fjs or ir,ln1 II r11? ?r 11 i;- t 'f' t '; F .ri1 f 1 rrIVOree ' f t?Ill Ir"?a it L)I?Ti:r?€ , :.T The DISTRICT will h, , f'.ii)n ill, I+ Ir'I,I,I, I? ttl+ 1:ITY F_II Iriv c?-i i1 II.I-;r t,isreen: ntfntl the f='t'r 1 I' 0,,- IDIST'I,1I f ,VIII tl; I ?f'',FllIl t_ tt I f ti )I A_s 1 11 If this Creep if I!I'fil the rela'i'1!1 II `Itt+ < ? 'V tlfe- Florida L?p,-Jr,,rnejjt of water FI?? °ws i? t 1 I'IT'I JF T J. ii d if the rif tI,,e reol.a f cir ?uttilti'll'?I+1?1_ ti_Itltfl S,?li? deV i .:'I alit+'td'`,I?,I[?ff I' IuII? '-'flnlth'i-]' ifl? r ' trf,l',r..i -'fl tt " 1`t ]tif,,: ':I r,, r. trc3tf:l 'Int farl,ty t!i'rl'3il'rt 1-f1Ilf: AEI rlt?'',' '?`Ii;f1 f f 11.`=,t?' !'?Ilif? I I;-i tructure tf,..8 serve L,` r `I, tl E Dlt' t l 'ICT V.,iH Il rr,- dIF' t??11 n t? ?.?ii?iburs tll?. =aITY fi this ?I+, rf er1t uiftii )nstru tro 1 f rectl_,ire ti l treatmlil trWllit, ,I,,;Tir,des ha-, .ommenc+-?c". .8 The CITY rf ni. f tII_ii ttie CDI T1-1,1,;Fhas _I.? roved "11-17 forth,_, F)ROJECT through Fis,-ar ?- 11"I, Thy a+_Ii_iifi iii, rt 4s Ii l+>ntit"+ the DI f It;T for the ? ii PROJECT jr+. 1ilI! W10 a LII :"TRICT Governing illi1 irl tr'y' -;mIuali';, tl;fl I+, 1 DISTRICT'S f??sff rr„ ,-I, ind a?,%i',Ilt t;f,1 .1?a1 I, i->> t111?, '????,',_I11? ;It <7I+_ r'4t?r t?tlt upon the DISTRICT'S ,1L7'; f, , -r iiiici Sri ..i i1?I+l >I ri, s+il?? f 1.111 t=:l,m PP(DJEC?T. 4. FLORIDA SINGLE AUDIT ACCT. 1 I_mldiri?ii for tl°II ? ??lrf?'rft r",?r Il.id fir,:iril i,il ,I ,tl-r, l+,t, ;end ni;l ll tk,_. ;efore be t to the Fl:`Iviri le Audii ? :t (F 1 97, F. . If ihl+: ;'I V Y is a suk,,Icipient of t ,l. fil ;r ial l .si--,tarr 1, rii_tl I fhiL +r f-ernerrt it Its sr,f}tF?ct to audits an,I iti_?Ilft{;rlf?l, f1_1 1 i;'-( i l , i in the I'E A `,d,, lit (juir ,ment., v+;.'t forth in L hibit "D." ThfI, (77)' Ire=_l?r V-i- F 1oride 3: irif ilf+ ;'Wrli Apt F'eoklist For Non-State C r ani/_?ItI(.,I, R t,,i rr..Sul rF+. €1r rrt JI Id, _,I tl,,frl ifr tior, t ,tt; ehrrrer t of Exhibit "[ '), t?.l + 11+.f,lt!,, tllu?,aippliodi,{Iity L)f ttl+_: F ,,,,A to r rl t.-r3tf uI,a?l,kjtions to which the CITY ru,i+I ,, :?Llite resources i+_, assist ire parrying orlt tr, ii tlr,ti r+ listed to this Agreement. ,. \ I_ R ?,''i, FIE '. STRUCTURES. J rti CITY` will id, pi l r'},::> ructures for ,Jt r _ ?f t 1111 f S Ill tale CITV3 service area tNIt t°v'ill promote ti corl?+'fv.l} n of water r3lid tl of Iror?7 alternative eater sul'Grli+_ The CI PY v!II F+rovict Y a copy of ;_, I_;Fi rate Item # 16 Page 4 of 8 Attachment number 2 Page 5 of 27 tructui, to the DISTRICT pri:;r 1 the CITY'S f•,,,t 1, 11,,-t fc- t? ill',;,,I?,,:1;,' Ili f. PROJF(`'T cr-,,* 1 Tf , CITY will 1mp- -IIviit th???? -hill ti"ll-, 1C?, r1ll,h`_? of ?-i!l?:llc II ?f f`I?e .,Ita f . 1lli l ].1 i1 I t- I??y jtiun or _Jc )I JTI A, T F'hR101) '. This Ai reernent will [1I-,1 If 1i .i January 31, 2010, 'm' ret-- ?. I it r 1`+ l tllir-, 1 1 r i h DeceInh, -1, 111 tll11 -, t?.,? minate , pursuant to ,F' 10 brd1 (,f llrn-viJ? i If?jM l?t1j l tl ?? ?t' 7, P C1 LF k?l "dJI r1fh?'r I tc 3f'lli I+: ? I -tL!!{it -J'f f?, ',_I t? „?._ '+ ? f Will p,,Iblic ?k i'i', P 1 rl 1' mil III it;, either 2xt in accci. ,Mill 1-I,IiI ; F" r'l_._,. Cl li!l l it t6 f re, corri J )._gi .. T. Each p i1 ty 'n 'J?u or received '.,Y 1 vj, F.. 8, REPORTS, I ?? T I ll i v)ICT z. Iti cat any and gall report, models, slush„'--,'L,I ?i11,, 11;1 11,, I11 11 ''1lliHrili 1, IIIrll J, LI.,BILITY. Ea '1 1 sir, t, , t,_, 1 J? rr?1 if,, ?,l?l Ilr III, j I:r harrnle,. _, h th', tI"k? Ili-?jlli??1 lf't` '?JI i,l'1 _? li',I1? ?}t t??r_It ?I'.rl, 1111?ri,i?l,; ii„'tl ?• )i?l` r`13. V,,,1?'11J1? ,F colltl:,'A I[,- jlld ;_li;?'`11f`; f?`t?ii?tlj ti; It, li?:ifl)If;:clfl F? LII1 1t f 1'l1! I i IJ[' 111 ,r I]i1di.r Section F.S. or extend i hi - l ,3 t l t', h ,curt the lllr it in Section 7? .;'I , F & This provision will arv,%.,, th,_! or term[i l?Itk ,n s ?f thli - A ;I? -Irir2nt. 10, DEFAULT, Eitl' er p-3r1 may tr!rmin to this, i", If-.,e ent upon the other a diur to comply with any term or curl-iitir, ,-;if th[,? (Iii em :irt, a lone as the t0miin?itvii l11,-Iii-[y is not 111 default of any term or , i??lifltlon c:lf f l,`-; r'i,jf±'t?1€? 'nt at th, tfj"i°lt rf tt;? "fllfi ltk? f1. To rlifi%_t trrm nation, the t rr?ir ,.ltl'l{t 1, ?rt>% 'dilf th! rf r,ultill p,ri ty writt-n tl, c: ,i rr;lfnlil t9olh" ?_i(IIN'a ll Illi?11 l?t-' ,Iltillli Lj1 ?.4'rn i1[-i-t `T ? GcIlt ?dlitiu,)""lih .%'hich thi (I,?f,_-ioltin p 4'?iri y I?.,s f ,il,_? J 1 I 1'? thy: 'lc;t,wIi '111 P,clh), has 1'°tu- I,??nil i iI, ?! I Its JOLtLA withiI, tllil hr? 1 , ?1 , i , I ? I"" I, l l,+ fJ:.I l of Termin,ilii;)n, this r1 ilr'.t-1]31t'I!t will -.3i.ltl IC?I?-111< ijll'r` tr I111r1?,{t?_' 111E: I"?llt.`-) ind If:w,in th;? I r;Ivl,?,ion are in a Ji11,:in ti,') any oth{!r iIif?It;,, <?1u1 r} ni?;(,ii,,.., „,'A-!t!rf by law r?I , I ii this ?ii V1 1 ,;n,-'nt. 11, RLL J" ;i r)F INFORMATION, I1'_ l p , 1 not t lny oral (1iCC r mi-`_kl , r, rvir or issue press +f;v, t thf; PFD JE T w€t9 r J l r sill }tM1e to th43 C tJl', 1 l X31 Ly, f h1'S t?r `:'I vv l net hf, c;'J11:;tl?.lt'! -i thy. P"jt jI, 11 1orn core plyin.1 s? 1tk ? the riu ili? discloser I ,^.? °t 9 1 tn? ?1 h pl;-,1 119, IF, & 12. DI"TR C"T. f E COGNITIO , The CITY' ^?Hl [)l Tail{'-,?- fr,???-1ir? and If -1hk, B -1,:,11 Board fo1-Ii_Ju1'I in any IE',: ,IE", M {i-3IS, Stllit t:?ti I??13j '? I" r u tlmr::Itt,? f?isulting from thi?, ,r' JI ??er?t aryl the form of said r;°cr Jli ,1l ll L?-' Item # 16 115 cif Attachment number 2 Page 6 of 27 t It, DI`. I TILT t1. t N-ovalIf C t:il1 •trll; 1.I, ri 1 y? > t, the CITE` wi11 i °t Ih1f} 1 tt. PRO Ji C`T tr: lh?lj th Il PROJECT t, t Li l' Tk?I;T ml lT 1 written ?e1h fia'- ?Ifll? 1ti4'{lt jfd 4 f??4? fj {e .i ?lii ?ll sign o'Sdk-t, 13. PERMIT f11 1 RF l?f'.. ?Pf-P) f "'H I >. The IT';' 1,11 u` 1 ?ri ,II 1, k 11 :I p-•t rt.rn ntf11q 1111 n. l r,1 'If. tI!I S nee,,,:-'t' t?I Iq'11'''II: Ih' ?"i r-l thf. 1 °f E 1 Thy: DISTRICT I 1141. Ali hill{1, II ?;1' 11ji, ?! 1 it :11 ,f-' jwjI;pf 111 ? Acjr4 -wlent until 1t p x.11 ( hLJn, 1,111-vi _s1 I11'1 III-IW' lI '?I°il 1!1.'•1! lI i` !1111-11 '1 1. 14, LAW (711, tf-'9 t h Nr; . 1 I-.' h 'f;11 ,t.11, an-1 i 11 law 1 J 71?1<.Jon 1 5 N"Pl. I, r,. F WITH 711 `TRI, ,.1 F °1 1l E_ `. J , REGUL/J lr ?f J h I.te J T n ?Ind _°1 -rIrbr) that th, 9?r14??1 -ii ii III h 1?,1 pt ?,? .J PP Ji "T teCInic ll count lies wltlj sill .,1I1f1jIl ?0-le DISTRI I r1.11-_ ;wi 1 1;;?-111 'u:l. . 16. D11,1E ITS I AND JPuC 0f r" TIrJ=_?. TII,L I I;,)TI'?CT t cr'irrrttert t ?lll 1 =; 11 , -r' the ?A cili J?I If I 1? r ,I,i_r Ifl ,- f,1I1;1i?,.ii 1It-I-je ts. DISTRICT goo(! k_Ah -ft„r-,=, 1!1 11.1I_? partir11 <ifr.)17 )f minoril wol-nr'. and z?1m1 11 m7tr ctors. in erfc,iI,r 111i'+;' of 1111 Ai-iI,--i-r-I,t ?'1 ?.? r?,1._r4t, ?? ••111 ?_r{ I 1?; l ?V . the DISTRICT w111 c-< t?< CITY by IIjj11'l1a i4?i??rrn=?tl>r? t help the jGI?t-i I!?I, in en LII'01 that f'1'tw:,nIy owned and ??'[ 111?r1 AIM-11; irld mall Ili ln;: ,il ? aff_rtlI? 1 wi u1,1, rcr,nity to pail! t in the -fi this r"iC ? f ?_'l; 111 k11'f 16.2 l h 0TH(, t „ to provide the I I TPi T with -i r, ?I ,,rt all contractors and sub-, :_?nti?c t?)rs who performed .°,.J in F,- 11 i_1t1, lr1 ,I t11r PROJECT, the ]n 7 t"1t .•1lt_; 11 ?`Ifhl each _'_,ntl",Ii_;tiil i11 Ijh-ci"Itr;3; art h tlfe °Jt tit :,nch _ ?1t, :'.f"??t11(1 1f 1 i _;1 11•,, `c:I , I- ub-co1°tI:1,?.t1 1 w L, a n,II orit intcrrl .rf1?_Ir1 ,:; 4<.III .vncd lJr se, If no t71inor1t,9??°:'11F Il ,_]r 1?j„11,11 ? 1_, i or r7`1a1 llI in the Perfort?r J t1,i- t1 11f.:?t-'111F;11t, fl en Ihr'? Iid n1411'I ll`;111{'~ tltlljz,Pti',i Re; o;t fi im I`, 3tt;4 Ic,! 1' l `^;Illl rt rr ,"r 'Tho- fl'hl ,ri I rr'?_ILlfft i :1;_un k1al fC!f11j I'troi of t'1F? {'Fig-.)JE_Ct Ptr )r fJ1 1"ndl l ?lyn?!'ll?? r)1 ^?li?lln thili",, of tf +:; e:'.ec ltion f ,1= lrn.n r err t1,;1t Pk JP T f it,dinif Iur lrf,,I-?rn7:-ltilu17 I to thI_, t.l; i, of the ameI-11-1tr1{ [-lt I[II1 prier to the JrnL?4_,r. ?. rr1 art f arty. r1i ilf1?_?rt?al ion L? ? t11, DISTRICT. 17. r t_'p'Jf•1l (tI (1r1 m °, l`"i tl'y of rI`? 1 r1 1; 1,1;1? r this ???,r? ?T1r;fli, Including atI oper-•tion or m,iintenoncc sfl.ttl I,?1 !si t tlx:} PROJP 1, vc lLr'.t111 or Item # 16 Attachment number 2 11 7 & 27 111 n I;UI1i'1 i!/, 1; II1ln : `I I AiI I-1 l'-I:willf- .JItli qo IN 111(_1 warn i n Nn It r ?k 1041 I l rli 7I_°?? f-. ; 11TE 11t '_71 II17`Ili` A ' iul diI--li l i.h;,, Ii:lll. 'nd , ?oi . c p i. I; li - Ii I f 1! '' (., I :in I,1 1 :;r`.p hi W i"qpt if 1 SUB 1.)N ?E-i. llhi lii Itl is'I. I b cowA li' i rl,? -rlf?ll? ?i t EI TFi C and' an i 11 1 cI` Id `A 1 TFUR- I'?'?F',? Y 1 f=l tf I- ICA M1E J 'h11,? n t11 a? ??? xv°.if! f1 att. {''f l' ll I'i it ?l , I'1',' in 1'II 20, D) L, f_ 1) 1 ppi _' k? I ? I I I t. `?I ,1 17, I 5 ! I °i '.-'? I T `$ ?- in l i '. iI y h11? I I'wFt` 1 'r M'? .l ;ll l 1 ll llll'I?. ?>I ? ? I ? I I ?ll f ? I ??? ?I? I ??'1?;`' 1 P ! I _ . a L a l S o n , p h ll ` 1. PUBLICIFN PIT Wnl+ Pin l(:111i 11 I 1 1 ril?ii " 1,1 person of I skate 11 I'... t ''I K, n I 'I 11, 1 11 !' l i ;I 1 ,„ i.! ! ?„ ,• 1,,. ii. II ?: l..?? t C i11..I r ntity k.l w,' 11 'k'l 'sot nj1 I W,, 1I1 1i(;y I, w rp -+, i ?1 '1w.` l- f _:qaI .'Iw "_I" p1 blk : sly Sri . 1,?J - ibrnit ?i I ; 1'If III 1I ti! III`,, {'ll I) i;l?n lil-Il t ,'. I'll p1_,I 'II I1vlr 1!l', cI :n tl l l . ti, lIi ' )r r" ,fir r ;1 G II E'II ? I llildin or pubijo 11, 1y? 1,11A -;Ili-;I+IO EJI `°, p1 o`;;lk rr 1F'1dH . r qli"_'S U! 1! d I.Iftq1r qy to n ubhc p?i'i I"el?lti'111 l -i?L] w11{1(;tl)r, ?Ll?'ti???1 tili1J^r flfl Ilaor. r ?i%r31Cjt'r1 M1S1_llt'il'It IJIIT I?' -?flll ind may l1'"?t II ?? ll?t i-Ikl-,- avith any put H a Adv ?n , v on ? of the Chit-,ill IIIJ ;? ii i: I I111, provided I I i - ?I1 111 . r,, S,, for Cate w I for period of 3 n ;is ?I I Ong the ', 1 A kii 11'; I ,?I ? 111 I 11 itll: or7lui d : r l h ' r U t, Th: CITE" agrees 0 ) i 1 P 1 1 1 S , _ . F I F F j a wniTc M . 1 1 '._ o I-lfl ,I I, issued as a 11 1,IAlt of this 22. C I C J311.1IN '',,TIC , FUISILR M P I.I SWil tiul1 F, C., ;1i r'n ity or afUiato x+111 00I+ pry 1,1 0 on tI E -II- Itl Ill I ??i?ll A .1 I i d F np id, or Pr , n i + ; . I r "m I 11 , gill' Al, 11'If''" [In]", r (d .',1,iiIS''tld-!_I „I?1 ?It i ?,l l'ill,y(')II f iHii 7 ,.III _ Jij1 BSI III-I? ;l+[ ]I-I _.r1 tl;lt :IjI'1 I I In Ili !1 1 PU' Ming .d A ' I I ' l1! , l;l; I - I ? I 1 I i _. , . I i(. I I '?' n= 1 ii I :y i( ' ti `; ,.. ?. I i ". ?..I I , I :f _ r+: !I l,_,ppnt° to Id wy not C_, n l h--?i -tl 1; l` ?lm r1 p :I 1QVi_.tor, ->IipI?llil'i ;L?t? oFltl ;I l;l ,nI lI_llLlnt undl'I _I IiIiI,l l .ir_I, II_1kIlil _II,tli, ,?1:t.? may n( Iwfinj?._?t I u-iilf tr,,,,I iI.ifio ontit,. Ihot M lop rll?llaW, UP4 pp 0 IQ 0n 41 all W- ntr i, w inl w ,l rl'sult of th.,. 3. NT1 E AOR €=PAE_ 17 This ?,r?11 ?rr1?'nt ind M .,tt llIn d M1` OF SAM 101-vi, ConStitut(-,? tn( l.trt;l f;? lit ywi tUs mA unhinn 11th wWqH I)to'.',dni j herein, may My anwiM ;rdy ire vnrtl:ll; -.1 OICLI by A {OWHUS LOS QH PI11 ' id 24. DOC UME T . Tipt II,1I ya?w d" I ninin1: are MOM :,,GPI! Itl i p r tl?u?.:111i?F1t, In thr- t +. I,_117? a?rl?,?. in th . alt this AgP I, llll A i'° an to Ex lihi'I ".'l0i, v in ii-11 to VIVO 1H." lind then to Exhibit "'ID." d Item it 16 Attachment number 2 Page 8 of 27 °JOlt "Al, ?E)? I ?' ?JS ?rt ?? f I?1` ?f'"1`J <r?IfV `t6 L d 11hit F. lill,it "i f `?i,,1,?li, ?>,%?°?? i and II ?ra?,l?it. irlli cry Report Fnrni I Vi,lI?JF` : HER--U r `.h?. r I?jl i? 1 ?i[, a? - U ;l SOUTI FLORIDA E "CIE J ! tl T FF'IT David L. Moore, Exe- i L i -tr-r F) f. Frank. illi_,on . Horne, III, l it,? IVI,iIILIa,. Al rc_ . i to fom. :fittest y Cynthia I , L li . ?, i r Date -R .; 1 of 8 Attachment number 2 Page 9 of 27 ,., i i l ' I `- „A,, SPECIAL PROJECT .1 [:F,s , f,fM (`i'I'JI)ITIC GOO` ]TF',,',1..?TING WITH f a c i-,Il?. II I f tI ! { -? 1i?I'AOM'! If 11?,r4 e s? r ills ?? r1 "li; ci f' th1i, ....J:s.?f__i _nd I` TPA T ..l ; C0H 1__IL.T?\N_1 April 1. 201 , ,?,,I'PROVAL, F CI N:_Tf1.J, I It?IJ BI L,(_j('I VILIL JT . The IT`S" Iriii-,I Iim (h,r ?? T tI T? wrltts t all cotr -,III, tl_JII d,,, dt? fi',` t,, `Isa ,Advertised ?if,d, The [ 1 1- ICT -iM I !,, approval. Thf U , I I„? 1' approval of the ;i;1I[,It?rlf , constitute a `,C'.flt?9l]t)r? or worr??inf ' ll?;_'sl, wif! L If - I i';???_,: llf_, architectu aC , rnech,-i'?li .-{j construction or than i;i II ini-;r DISTPI I' rule and r g,url_+t. ,iIti cr any ether ;_1I I I f lf: r II-0U 01 [,L, cI laws. The DISTRICT'S appi(Y,,s' III not constitute I ;°,;,:;iiv r r-f the CITY ` f 1l cifin t aSSUr tI,i tht deign r; l perform according to tIl standar(!s of his or her Tht- (_??T r i rogtllr,? the design prcfi;?? t warrant tl? t the °3trI ikin d0CL I_1rE jrf _ ,r, for bidding and cu a lion of the PI-1 JE.CT. FINAL DL31GN RF_Pt APT AND Ala f > .LLD Th rITY must pr, ;,, ldr, tf r PI'TPI T ?"I fife O if f-w rl or?rt. Thy fi ;f r?-I;i_:rl 'i?r st k,nrly c,.,id? r;, 1fi'it <<I fifty p ,I]'11f i 1,:(, i if tf-ik, r,-, ?e)i ed 'a' It,? -i t ?tlfl or l)_?lI1 lt?if .. ;tr'r or Th Il the frr ,? rig ,i?;r I f?rlr l t . proceediri' i III- PROJEC-i The DI; TPIC'T ,.I:I 1111f rll lri: , ' r, ihly withf)6 . DISTIRI T PPVID ' OF CITY'S F I D.'Tli_.fl',,1 (' C•0NIP ,,,`.'T0P, The CITY will I I, ?L late. tll?. Cpl F?I? ?T with a t?-?f '.I +tl?_?? t U(:_)N1 [?,"fGDI)R [,ids and a j ;(?I I CIF i,1fC l t' The CITY , ;'i iIi thf, 1 11' 1 I It I y 1 a f rI l ^{ lr ri i;i. rPJ1Ia??E i ?? pff t p; ,1ili7(_, I-,fI ? flriI) of Mu f?F ?.H- I--T _iind th,, DI ?I t.lr_ I The CITY ill D TF Il i f if id 1 t ? the ONT1' s I t_ F? f i s,_ CITY' ??h --alp authi, ?::riI),, Iii ?fli, hf i ? tfi { (?I',?J rRA TOR iI) con fAI: tl,;,i ;}i the PROJECT. f{i- CITY ,r;ill t,} +.p the C ISTI k 1 t 6--'if,I,t Pull r :, ai pr ?? # i:,r all PROJECT rfd._o-;f Il,attor n .r ;!'I rdance with FLmL?liI,iph ,I ?Ifxhihll APPROVAL O I TF;f, T. TTl CITY rriIil ,t ,,I ' . ri II PI TPI T`S pri( If apj?r_-.x.,,.d f _11 coR `r,eIl r Wl r,. Into rrifli t?? C tr?1 '+ 1T af?r_I ?; N1 l:'A TG} ._F, The D1 _ VFN1C_1i ..III > t ?r r+ E?i .' ; Itl,k'? Id i,L€li fpr .aval. Item # 16 Page I of 9 Attachment number 2 Page 10 of 27 fa. 7i'':,1`, L TION D , i'E , The CITY will ..i,rrmr1 ': I , drili,t >r u n the PROJECT [)y rig ,D1 'I11 i ai will co leill tl 1. '011 In the t id i1, liXi lm,i? Or local ,,wi llwj'1 h? ?-'i 1'I ?i1f, the CITY'S lGrDlftJ_ .I_s `( -.I I?;? ;1? ^. fl'il 11?. l t IS?I?j }II?,?II t1l { I";(__1,.?I T ,lll :)?? 11± fl?f?',I Ii1' th f r PL 1'L AIMED \ f'? I:- ITr iist r:virl, ti v, " ANNUA L DISTRICT ',fir nun, e are _i'. F'i'll' i 1 rf if -1 Jil, 11-i ?CI tl 9'ES 1,1 j 1`???'I iJif?l ?ll? i 1? will} I), fion of '1,h l' iCtOll' 111h] ii ' "I „I II !I ? 1 thi- I1 ? ?,1 fi ih - h- 11 y ',11 I1+_ ik,,.I, 1 hl, 1, :llf f111 ,t 1'. +?ilf ?C;illrl':"1f i111f?;1i, ?'il!fll<<i {?.F`1 1`,r1 l ,+?if?.' ?? I 'lll',;; l }`,i'f 1?•. ? Ilr? ,,I,(Ji''1, Ii11cEt mill E?F? I,Iirl?t? r7 th,?; DIjTt'1?-T _i, , I1`, ?? sift ti t-, 1'11`?If-i T'S apl-'i 11 I;1'-' [I_iJl_il befc' f- the I _ 'rl l Iii _m d thv DISTRICT ::fill not unr? ,i1 ,ll.]:,'-,I,. mthh ld itS pi,_) ,il. i`,l""1r ll d SIif mic ,I,''i1 of this l-p?-1rt will elimii7,de the require ni,-? i ii 1he Re(-kiiii, ?Itv1 f-hff?,,a I-;? ; ?l'1f I,'y? the iT'? 11,?i?? llr?' r(}I1r1ij l,_,r revlcl I,,, J!jl;ph.'t d f' 1 I1lllfl{ f ..?1? if,hl Illr DISTRICT, lj1'?, l rl',. it I1l"' ?`j°ne r! tl1': expiration ;r f,)i1,nir 3t , of this ?,,1 il?l.-i- l t. PR ,iF:CT,. I71t_?f'I>_fN fI() The Cl?, ."iII 1,i- I, I,i,. DI TRK'i vised of I'rr'iie' and PROJECI? jk trne?, v rri intervals di l rill ,,t 'h1{. Pk l( I,J-I :T. The CIT ; ..rl prc ;;'.i'. th - CI TRICT' f'r ;iteCt .s 1,0111-I' 4with 111 fll l'R J'E T 11i? fCij +.j th1 tic,, NSUL-1`?N i , C,I" t i FACTOR, II `rl?? i'.-, and will cod thf C ISTRI T'S en III i_'T rl-'I ,f'Li err°e erheil 1he CITY gill illt? Iii-- Dr ")T I T'S Prci?; I''J:111 jWith rjl,1;1X, -_1 cfe r(ilf and , 1, ru tion S hr.lylil 1 h' CITY .%-11 rc1.?I'?i{. I T'S P i? jet M. fa 'r"-) nthly st'a tu , r.I, II JE,nl- I ry 1, July t, Sept-mi l' 1 `I, and Nil.- r`riber 1, of ua ht r', 1 ?trrtik 4I1?, . DI-C, l_I r1,1i h-,E 1- R_Mll f,'1f N I11,. I i?)rm and a"1 Lfi I II?;t? ., I? .I Titt ?? ,I, ijl?7lr?11I 11.ir?,l°I Iii tI''' prior t regtj,--stlr'-? ally relnli"?iij-"?ml-,nt. I'f k lr t,.' 11.,11fittir;r, th1_ 1Li -I 1 iv_a ii ' : k ,r [ I; ?I f ti ?i 1 ri-w,? -r -,r't Vie CITY will C'11L mi tc) t,1li'il, t7 th''' SIlf1!?'liftr_(h i i illti''ilily ti tht: f?1:11111 it 11+; 1?1'.'' PI-An hlf; r??'?,I.1,, ?Wal distj,ilutijri, 11?_'t?f} Ir 11,1 e I?11;?f{;,16 ilrl',:?, n li Ili,, e,villhin their j`t:.:4?IdijfiU,1 tired f1?,d hra?,l,te i?f t11k.?; r kt, l f1. ,,, `' , . i ff-'rcerr-iel B. Prior to h?rlifflr'.a tli' til`wt I,.eoce f,,r Dl`o7i I T reiriburs,:ni-iilthe CITY :vH1 c;ontrf IJi' f(: fiIi ;l,ll It lur th, i-linif ..11('f1Arilills , ll h 1'_(II11, tht- t'ihi 1+fl!l Llti?' (1!: i1 tFlfl71 Attachment number 2 Page 11 of 27 r ',UIt ICS it r-',tf^ P?f tr) r1rrirIrl !A', lf; :,iirli .v;3tor, aii!1 nr ? t Diii)l{ ?1??? 11 i%t) 1 ''' { 1t''?i '"i fr'l,l '1 1 1 Jl;r,,-' `ll>f rlllir ii tic l l II11, if I r+ i,'i'i4l i tlil l i,.i(,i :'"v ild_?i_ if'I: r , I } i, ? `1!'E'_' st; CI lltil the fi fit. If elilj'1i+I? iivi I it ii ,F. 1 d 1 !1 I ' II 't :I I th, I i 1 if 31 if f-., I ,,if p It;l? r, r gt?>1i '.. etc C. Thr I l ti, Ill "illl F{ II `IT` E ;I 1 ?t n I'? ?t I I1r i;tl iii t'; t'1??;' i'? ?1.t 111 i!t'y ..I +'" ,.tfl L _'1'li.? ,-Ft ryryif?+`?Al--'T tl 11-1,'., CtJ,s the CI t" Y'S Fi i, in D. Prior to SLID tEI? i+I _ r DI TI i i' I fr , nip lit ?h 11 ITY will IT '"Il.:3tr-i..? 1 i 1,!C9 `t I' il,l t 1111+,1 Is I L .f lli_!tt „I A rt°ti,I I;III?-t1 11 -tt fry t ? Li s z!,IiI`I'I I ? lw iil bt:t i ti jirTIi CI lY i 3`6'1aB1 taiiI 3'. n', _'1 I py. 1 O. EDUCATION \ND The CITY will ccciti,i 1 ?h ;I! I3tin [ Li?tIo ,, re+tLl ,dl'ifi F:'t"It?.tl';}f?1 li"!fllI tl'IiI tt It ,.eiit a and c(iii`?o'1It, it ir,iil.iiifl r wa1, 1... Plains r the 1Fr' i1;3i11 i+ rii'Cl3?ttJ I lf' ti'It_ CITr 1 Fi, I', I'L f I P ,3i1 f rlh in Exhibit "B." Th CITY ,r u tfi i PIP " IM ,l ,',; 31 f w ut;<_311?;+1,_3' 111, if, 111-> t'rj k -i?;i.? lll?-?iI of the P?IC F(?T T? I TF,1+'i :I!l ri :t hi lii} DISTRICT wil " 1 c obli'l:-,r?t[1?rl t„ ;r1sf 1,1 ?.? thu HY for ?w c(_,st-;?Et?il-tt r ttri A,? Ii It untti tires , F) edi,? : Iti+i,)n i it {#r.=iwi i-, in-ilplument . I iii, CITY will ,f,i,l i: ?. Iti _rl 1. f. l IIRE I:} RI-CLAIMED WATER t) T ,Ii r l Ii:r,ah water L 'torn r rh+ PROJECT tl it at 1?., t titt?r+ '1 ± It If the I'E JE T',. reclaimed i ?)f 1it II rItTia,I ?1 +' ?3tii?rJ€d7,.itla,ri?, fIr ?3 rrniurlr of L ?1 t1 tltlIrtl'ri fl,_31_ ??II -h 3+at? r-rrrents hav+ h,_'I?.Lii I will be prowl s ct t tk, >TFI„I 3+}r r rl-l t initiating c(, i,,lfi i tv,)n of the, PROJECT, and 11{:'?! :+'i k]iIIF!1I ?.,_9tt.- Mll lt_,_-i i 11rl. tin(il i w t ` G_1=E 11.imilL tile CITY 'x'1111 - ,!_ii i ini i 11+T' ii .,,vw -ii the +J"I . ii it u_t ill iti?.;'r1 of r I, I.n'+;I t+ . t the ]it ij,r ?? c1 crlh d it lo r minIl tira of ,'1 ]r,, The IT',? 1: i tin or planned, grci.,IA rya t rf r II Id?Ow Pt';C Jt. T'S proposed a-.1E4.'r ilr tiiil(-r norri,il condii(ins, Written 11i1ifi' iti l1 t11;?3t Al jia',`I.'iliont h ,. been '',Nill hr i,i_-,i ied to the f_?1 If.I T' Pi, r t P,i 3i., cif pi r to rn4iiatin t r,,trl-I tluiii of thu I'F=OJIE T, and o i s vvill b ,jpc)i? r ? { 1. Item # 16 !` , ,)t Attachment number 2 Page 12 of 27 12, PFI'l_ f',Ir,lf D k-MAT R -?I, Dt'? i f 11" II l(`ATInN ilifi ? ?rrrl itl?:? , '[I- kip dell, ,r, 1 1 fit f'1?' 1?I'. I f;I I- ??_ oi,. f _+ I ?r?t ,1; 1 ill [11:11I I w)t! "I 1S li ?, III ?I ;I tl 1[ .-! 1-IT t 12.1 TI`S' or t, 11 1f I? B[; i II I11 'I 1 l1 T t1 LI ]. Tf11 T 0 1 N flit tl'T dal I ubi I llH, i' 12. 7, T" I u Jr1Ir.. 7 17 . f? I I r ,? r f E ? I I iAkl J? if _ 12.3 All r? Itl I, " f 1_, °1 =111 ,'11 111 II I ? I ! I II ,. 122, kick_r 11 1- Ii t 1 1??i,r C(fl'1l1 rj it .''Ifll ? F, b 1_s" 1 p°ric f iIS'1111'f'i', r 1( li '.f ,td from 12.5 Deliverable media will be CID, DVD, I? 111 drive. 12,6 I I . Ii-rl snt l.(?p,? ?I;;,, :.,I !,!("1 th .rI 1 it[ f? t e 1 r ?l ii tai,p00, ?dIil i:I r??I?a?7c f11F' Thy'' in t fL 11-m JI ,Iiid an rn tr 1, forr t are avaiIa Ie f? ir1 lT d ;11 1 1 thr, d I: TH,'l, I 'S F7 P ,ve ite. File 11??I1'It' FLATURIF Ct-ASSt: Wastewater Treatment Plants ualui,; .? l' ;me: RE CI AIMED\NA'TEI TI AI MENT LANT Description: L(T,", IfI io- c d 11 hT,"?1??1? ? I, p 11: , i I ,lI r? re t l ( YII1 (; t` l it C)' If l ilk s"! 111±11 IT r on trv4 i li f1°1 Attributes ie r addition to default attributes for pok it i itur e classes Item # 16 , ,! tf Attachment number 2 Page 13 of 27 . t i '-i;Ili l,l 1,11 I i l I I 'EFLOW ,. M `ImI 11 i' `'. I J, d I' t?1,IlifiF' Numer i t Doll i hl' I?rFd?'I imI'ill ?I iily wa -;'I rI' ;h ' <T hpjr l r ?1 r + f1491 N (MGM), i 1i l.J NllI il, I ' [ ?I,'l?I! nnu I ? I 111 ?1,' °. No EF TIN(J ' EAR L> .I ' , , to i e h ii- f ' LANTFL W n L NTRF.t SFFLO ' v?ll;c Null if ? Type: Laid De ,1r;'; 11i in RE 4 TLEVEL Nu Text / String 60 Na , i .. , ', .. f1o=r° tr+ it 1I ent plant, Tyco: Text / String Lill € ; iii 1 !r 1; Tr atment I' r+, AOV SALE rr Ir? ?: r,, i 1i+ ,IltI t?ltr? t SEC e( 11,; w, II i[11"il;'Ilt Fn F rill y P RI ? t`krr'1,1' fI+',ltliient RI r" TER Tr`r[I iI , 11;' imient MOlable: No ? f l , I.r ; UIl bl : Text ' " truing C.?1?ir il:n I+? . 1 II I f.? 11, i+ HI High FT FILII'tl II]i nt disinfection Item # 16 Attachment number 2 Page 14 of 27 R WO WN R Type T4- I / "trlrl L lath (1 1h rl tiom The name film', r I?p ii !l the,!. 1 i'iI[ ?0I r'??? plant- 11 I1 I No RWT,Tt.3 T , ; s Text String L; r' Wi' Del, 1 ?. i r; it., :J-gt-tew t i t?°e t?l en t plant, D, ictio P I _) 1`11,.1 dd No } 9 L [,, 1, l?? tl R er ri tip c a l ???, rDUSS- l y rM ID). Niflk0d,: No Tl l ?rsJ1f?: t` iption', N ilk;l 1, MMEN )" Tvpe: L -'' 10th:. '..C 4 tI uTi1 IL,C Text r l l i':) } Project number l ,,,y, F -"WCT tl,j .king ri se than e. g., ). If one project- V J I rum t , r. No l ,_ x;'? 1 -4trir? 1 _I, I i d 11'r I! 1: 11 111.111 0 1`'- Reclaimed W ter° Tr insmissio11 I kir F?ct[Lw % Class Name: RL' L?,HvILIL ' RUN l9res1-1Ylll._ ?_.`.:?;i._i Fe ture Class Type; LIt`,Jf ,,'Oh if 1 4es in j111 t 1t J. . Cl'I ittll ' ; RW T T ~F T'."r " Teat Strlrtc Item # 16 -,f 9 Attachment number 2 Page 15 of 27 Descrphom Current c't"Ili ('f rr, ki !! , I , ui- Irrrr 1go?r, li °i lire + 't i W 1 li! +> N L riptrorT IS lUlldill:? 111'1 1 t t f.' No ' k)y ter I r? TI I T for this' I I f Tj; ---, Text 1 : l l IL,;!! !rli: 4 p De+ . ?l kl?F'f' tiiiI Itf? t ',.f , 111r ?1 fares,. ull l:)l . No VL1NE t I {,'e: Numeric, f, L ? 1!?t I i r????r 'ine in inches. Nrtol !f IF No Typ' ,: Text i ti i;'_1 L rtcyth- 1 esr,rirtion: Project iwmber used by DISTRICT staff for huJ , I tracking b ;rll it 1, N AMT' L, r; 1 C? ptl n 1 field for acf lilt !! ,I } rti': it ! N ! k; es Reulaimed Water Storacie Areas Iotlon- L c- be r l td 1! .1 I lqI'-'?'lif f`lr_' ,4f rlCl !r° ''?? ?? I? I;l';llL7li'!_I;i ?1-;?r?"i??r f,_'?fl?. ? iiI •`41?. Feature Class Type: P lt',J Item # 16 P- Attachment number 2 Page 16 of 27 ttrih l.rt in ?trti-)r to default attributes fO- Pair',! 1} star c;I se ; Tyr, 1 , r ,r : tljll t r t F 11 ?? 1r• ?•`,?,? it-'e?t °h ..;1'??1 ? ?? f 1•„': POND ?:l 11 1 ASV, ASS"- ?r A i IJ I ,, Text 1 trines t_ r 1 'I l f rnlil` l.1 ,T for ti-, `r"' ylll? N f t , l ; R W TA U 171, f lj 1ow I'dLI'31?) 1I WOW, '' Text / String 2 E E ti+-;strr.rtic?r No WI 1 ? Text / String r40 ?.{..`•i !??1 f??'11_ The U!- ?iidili agl f l , ?Jl 1• tf't: `tl!' 1 1?_?' PROJEC;,`,`? ;f ?r Ty 1 1, Text / String { 11, Project rltutmber l DISTRICT staff (r° budget tT (e. g., A 123) N Ui r l 'i : 1 Text / Striae`( 1_t:?rrrih: 1(111 , r!(?tror`r: 'F'rl' X1 1: 11? f,,Ili ti ii 1 w -will Null le'Y( Item # 16 r) " )f 9 Attachment number 2 Page 17 of 27 L c LIJ L h- 7 ? i i I I I I i II I i [V Attachment number 2 Page 18 of 27 I \11111, ! ' i. ;" ( Sit01 It 411 tl „ d nvU n1 , I. up- H , 1( .. i it 4, ! i 1 1?. ? l e6' Thi A 1? ll llir'I?11111 Itl^,r 11 C1?flii ?; Il l la i If 1 1 1 1 1 11 III I I I "111 I, 1?I 1 ; 1 1 ? 1- '1 1 I I I 1 I 1 1 1 1 11. I 1 1 , ]l 11 1 1 I I 3.. PROJECT DESCRIPTION. H, a I Illy -.a t=? X, it) 0" th"Inleter 1lp_, I I illI _ X11 III 1i? I, II. ?1 1?ir ? i ? 1 1?1 I I I I ,! ? ? 111r'? 11? ? I ?, I I 1 ??1 11,I?.' I II, 1 Item it 16 lo y 1 X-1 Attachment number 2 Page 19 of 27 d}1 '?l i Y1: I)? '?1[)?' l I: HON I a, i S. 1I1 ' ?yl R \JHJ,, N3E: FFC'FSill ? I i I A. it P! 1?1 Id p 1, S t, CL 111 C. R'ecl ill I' I In' ial10II '7 1 1""Ctti` II ( 't' II: C)('1': I t. 1. Item # 16 Attachment number 2 Page 20 of 27 h, f jill-1 it ? ,_a? I' ?'; ?i??1 ';r i f `il? fF?i ?r? 1 it I it Ia?r'I. i 0 I V l I I ION - A11 10'IT: INIIII I III °, f y I It P"' 10,. 1*€ 1 [II V,1?t-1\\ I I Item # 16 Attachment number 2 Page 22 of 27 I 3 ). I "N?fHSI I `C', 1-1111( 1111. '0 101 kI" i t t `j j I v F?, 4I (I i Eir}.I" rWCI 1 I PAW! E41 OEF1 N010 ?:. ;I, I i ?1? ? ?il? I ii i? I °1111 I I l?? .. 11?,>,,I I i' 111 I I , I????.i1??li ? v " I ?'? ' II ?n° I`?'? ?•?? hii I ? it ? I i I ? I i i I I I I e 13 I ? Io. ?"S}[ I I I IZ1 1't 1t, f ',l I; til l`;?pf 1 I MuN I MAI shall Old 11) o1 wi A. Ile 1NSTRK I al to h II I , I , Item it 16 Co 1 4 7 Attachment number 2 Page 23 of 27 I I 1 1 i ? ? 1 ? ? i ?' I ! I ? I ? I 1 i 1 i REICAPl N I 'OI BREED' I'V I v D(I I; III I I K vI f' h N ION 111 I 1 1 - , I?', 111 1 II '1111 I ' 1 II I ill I , ! [ I_ I! p6.. 1.11. 1 I... I Item # 16 Attachment number 2 Page 24 of 27 I? pG U? Item # 16 Attachment number 2 Page 25 of 27 Ptf,Ir,°1,m,,rrp L0PJ1)A SI1`,?G A U 1) 1 AG 1 C. 1iLGKI 15 T 1 0R N( 0-61 A 1 L ()RGANI;'A 1 I'., NS :If'lI N `.;1JH4-- V1PI1 NI W V Ni?[rI' C 1 IIF=N1ihJ??,?lf:rnJ Y r1 d',' iI , 1jY i ! c uu ,11'Al- the Department of Final t 1 ?1? ? ? i 1 1 1 I '1 I PARS` A 1' ES f I 1 M0 1 / F A Gs ii(if .?F?111ft1al)li 1 -1 tF1C: I1! l1-+ f(1?i, o! C lwl ")nti?n', Item # 16 Attachment number 2 Page 26 of 27 ?f I {! I PART . .. _ _ I-1 1 -` 11 I I 1- f,, r .,. I I')V(,* ` '.' S,'jiO[jS With ,, ? r I : it ' ' Ir ;,.-)I; I' 1r I „.. Gheck one} tticGii?i {lt:' r hreoi a er t Vendor: Exempt Or anizat ow Comments: Print Name: Title Si fin'-Oure Telephone Number: (Jatt? it '.:)1 whicrj r f i . illsi: - I . I, ? I I I 1??' r rt?r?f ??t,1T _ t ? r 1 sw cioent under 1,1 he Pnd and f"I i z InC lI i I rl A E. _ , ?, ?ra ? I f I l i!? I eahuai€{) Cs 7-! Item # 16 1r Z 0 CL LLJ ?J J U) w z U Z) w z w ?E 0 z I E ;l f? i `i L rl? _z rte' . J C r„ rl' C r E C .J 1® t CO it Q7 Attachment number 2 Page 27 of 27 ` II,i-11; . ,l I IU„,L.., 3 Page 1 of "1 Dr RICHMOND g ST G?O?F O ar NORFOLK _ ST i v MA 1VE ST Q j 4 ? m O CfA1MO©©h ST m GRANADA' ST POINT DR z a I= w z LL CALUMET VENETIAN C z U NOKOMIS J o LEBEAU Q F IROQUOIS w O PRINCESS w , OS AGE - PLEASANT x MOHAWK O 6 Q _ LU J PALM ST Q Starboard ARBLLIA BERMUDA ST _ Q PORT , w W. IDLEWILD ?... z DR H- J ...., a 1 In' -- O - . o ' a_ a° 0 \ U z M a. ......... GRANADA WOODLAWN a O TERR m O m w Q ».. m LL Q Q V ;HERIDAN z SIANSET` RO Tn--, RD CF' Cardova z F Oj z z ; = ? [[ O a STCC? ? Q 0/? P L ? 0 Q 0 0???'E "' Q 00 r 'C y ? p? i j NRST CT - , z O \\ ....a FAIP , - ?A90 w ST z NT Q FAIRMON T - z z Lij U) U) a 5? ' T = BEC MINNE KE T O ? A'IARSH Q J ALL BECKETT ST w MARSHALL ST w GRANT ? ST w ¢ LL ,L O ~ ST C CARLTON RUSSELL -qlF I w Q I? Shp ••, CLAIRE z ?ZN?Z e?oU , ? O\ GPR DR SANDY MARY L TERRACE FAIRMONT PARKWOOD WOODBINE z w J SPRINGDALE O i o City of Clearwater, Clearwater Harbor Legend Reclaimed Service Area IN Clearwater Reclaimed Water Service Area L-JL- Proposed Reclaimed ? W E Existing Reclaimed Prepared by: Engineering Department Outside CLWTR City Ligl FBM # Geographic Technology Division 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: JHH Reviewed By: RF Date: 11/2/2009 Grid #: 251A S-T-R: XXX N.T.S. www.MyClearwater.com 260A City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 5/6/2010 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 Cover Memo Current Year Cost: $450,000 Annual Operating Cost: Not to Exceed: $450,000 Total Cost: $450,000 Item # 17 For Fiscal Year: 2009 to 2010 Appropriation Code Amount 0315-96721-561300-533-000- $145,000 0000 0376-96721-561300-533-000- $145,000 0000 0315-96721-561300-533-000- $ 80,000 0000 Appropriation Comment See summary See summary See summary 0376-96721-561300-533-000- $ 80,000 See summary 0000 Review 1) Office of Management and Budget 2) Legal 3) Engineering 4) Office of Management and Approval: Budget 5) Legal 6) Clerk 7) Assistant City Manager 8) Clerk 9) City Manager 10) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 8 711 TTI E V TETRA TECH WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: October 28, 2009 Proj ect Number: City Project Number: I. 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 proj ect 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. Item # 17 Attachment number 1 Page 2 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 Item # 17 Attachment number 1 Page 3 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 Item # 17 Attachment number 1 Page 4 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 Item # 17 Attachment number 1 Page 5 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. Steve Tedesco, P.E. Mark Wilf, Ph.D. James Christopher, RE Jon Bundy, P.E. Jarrett Kinslow, P.E. - Senior Project Manager - Senior Advisor - Membrane Expert - Senior Process Engineer - Design Engineer - Design Engineer 7. CORRESPONDENCE/REPORTING PROCEDURES: Item # 17 Attachment number 1 Page 6 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: Emilie A. Moore, P.E. Tampa Area Regional Manager Tetra Tech, Inc. Date APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Item # 17 Attachment number 1 Page 7 of 8 {Add the following as an Attachment.} ' 0 L Clearwater 0 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.mahonyaa,clearwater-fl.com ? All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Item # 17 Attachment number 1 Page 8 of 8 ATTACHMENT B CITY OF CLEARWATER Groundwater Replenishment Preliminary Feasibility Report PROJECT BUDGET Tetra Tech Task Description Subconsultant 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 Pre are 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 Item # 17 Attachment number 2 Page 1 of 9 LEGGETTE, BRASHEARS & GRAHAM, INC WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: March 24, 2010 Proj ect 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 Item # 17 Attachment number 2 Page 2 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 proj ect 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 SEAWAY. 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. Item # 17 Attachment number 2 Page 3 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 Item # 17 Attachment number 2 Page 4 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 Item # 17 Attachment number 2 Page 5 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 Hydrogeol ogi st Roy Silberstein - Lead Professional Engineer Richard Cofer - Hydrogeologist II Tim Harrell - Drafting/Technician Dayna Green - Clerical 7. CORRESPONDENCE/REPORTING PROCEDURES: Item # 17 Attachment number 2 Page 6 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: David A. Wiley Sr. Vice President Leggette, Brashears and Graham, Inc. APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Date Item # 17 Attachment number 2 Page 7 of 9 {Add the following as an Attachment} ' 0 L Clearwater 0 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.mahonyaa,clearwater-fl.com ? All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Item # 17 Attachment number 2 Page 8 of 9 ATTACHMENT B CITY OF CLEARWATER PERMITTING AND CONSTRUCTION OF A CLASS I CONCENTRATE INJECTION WELL PROJECT BUDGET Leggette, Brashears & Graham, Inc. Task Description Sub-consultant 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 $160,000 Item # 17 Attachment number 2 Page 9 of 9 CITY OF CLEARWATER ENGINEER OF RECORD RFQ 12-09 2009 DIRECT HOURLY RATES LEGGETTE, BRASHEARS AND GRAHAM, INC. Job Classification Minimum Rate ($ / 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-IH) $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 Item # 17 Attachment number 3 Page 1 of 19 04 'T for u V ? w !1 f I I 1i i I i I ors 1-i e Item # 17 Attachment number 3 Page 2 of 19 fh caa , .. .... I I ? I I i gym. I I I I l i i I i „ ?... C ?. t ,e, 04" is of li I I to Attachment number 3 Page 3 of 19 P, 9 k J6 P r° I ? I I I ? I I I I I I I I L I 3,3 3,5 ",. A ? I I r... I i Item # 17 F",ag 3 of 9 Attachment number 3 Page 4 of 19 3. 6 G i i Item # 17 ge 0( Attachment number 3 Page 5 of 19 I ? I I Attachment number 3 Page 6 of 19 12. . LL I I I I I I I I I I I , I ,, ? 1 C"i I I I I i I I i i Attachment number 3 Page 7 of 19 r I + I I I I 1, ???i ? li? I?? I II! t I vc? 2 8 i I 21 Item # 17 Page 7 of 9 Attachment number 3 Page 8 of 19 w . J El I I I I I I ? I I I I I tern i w Wes, ' "I 1 I I I ?, I ? I I ? ? ? ? I I II I I I ?. i? I I ? tl? I I I 26a Th(, ? II I I li ? II I ? ? I r , ? , _ °t s0 I ? ru Item # 17 Page, 8of9 Attachment number 3 Page 9 of 19 I N Fem. I Approved to t`orni. CITY , C I Attest: I `_ 7 y Item # 17 Attachment number 3 Page 10 of 19 I !I i 2. s LT .. I Item # 17 J I of ` Attachment number 3 Page 11 of 19 Item # 17 Attachment number 3 Page 12 of 19 CiTYIS n Item # 17 Attachment number 3 Page 13 of 19 1 0 I i I i A , i I ? ? i ? I I i I I _I 3 I ? ? I .1. i i I i I I Item # 17 ",--) 8 Attachment number 3 Page 14 of 19 Item # 17 Fl @?t _r 'A o 8 Attachment number 3 Page 15 of 19 Iwo , C l .MG 1,2 Item # 17 Attachment number 3 Page 16 of 19 Item # 17 Attachment number 3 Page 17 of 19 i . Item # 17 .; r c)r Attachment number 3 Page 18 of 19 Item # 17 1' Attachment number 3 Page 19 of 19 E, Item # 17 ?- Meeting Date: 5/6/2010 City Council Agenda Council Chambers - City Hall 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 (I't 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 Cover Memo 1 Employer's Rep 1 Not For-Profit Provider of Affordable Housing Item # 18 1 Real Estate Professional in Connection with Affordable Housing 1 Residential Home Building Industry Review Approval: 1) Clerk Cover Memo Item # 18 Attachment number 1 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOIL' `f ED (must be Clearwater resident) APR 14 2010 Name: Peggy Cutkomp Home Address: Office Address: LEGISLATIVE SRVCS DEPT 1955 McKinley St. Clearwater .Fl. Zip 33765 Telephone: 727-461-9303 Cell Phone: 727-580-1465 How long a resident of Clearwater? 30 years Occupation: Real Estate Agent Field of Education: High School Graduate If retired, former occupation: Community Activities: Volunteer at the Clearwater Marine Aquarium- twice a week, Advisor for the County Elections Other Interests: Board Service (current and past): Have been on the NAHAB Board since 1998 Additional Comments: Other Work Experience: Worked for American Airlines and Eastern _ Airlines Board Preference: CND, LEG ISLAP`o E SRVCS DEPT Signed: U N? Date: /-/ // L- // 0 See attached list or oards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services 2539 Countryside Blvd Ste 3 Clearwater,Fl. Zip 33761 Telephone: 727-799-2227 E-mail Address: hannah0497@aol.com Employer: Prudential Tropical Realty Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 18 Attachment number 1 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To ?? A 1) yv CA-,f e -? 02 G, Pc; 8b c 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 4. Why do you want to serve on this Board? z-eE C 14 iFf-e2 14" e V e..-+12 O Name: Board Name: Item # 18 ?- Meeting Date: 5/6/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint Jason Robert Happe 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 Item # 19 Review Approval: 1) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 3 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Aubrey "Brooks" Hammac Home Address: 2035 Rebecca Dr. Clearwater FI Zip 33764 Telephone: 727-442-0837. Cell Phone: 727-510-0820 How long a resident of Clearwater? 51 years Occupation: Retired Field of Education: BS industrial Engineering Office Address: Same Zip Telephone: Same E-mail Address: _gator60abh@yahoo.com Employer: Retired Other Work Experience: Registered Professional Engineer/State of Florida If retired, former occupation: Manager of Various Engineering Units for General Electric and Lockheed Martin Corp. We manufactured components for the Nuclear Weapons Complex/Department of Energy, Community Activities: First Christian Church, Volunteer for Tampa Bay Watch & GE Elfun Activities, Member/Range Officer for Wyoming Antelope Club (Shooting Range), Other Interests: Golf, Boating, Fishing, Hunting Board Service (current and past): Beautification Committee Parks and Recreation Committee Board Preference: A board involved with Boating Facilities. Additional Comments: I would like to continue my service for another term on the Parks and Recreation Board. Signed: 3zf /o RE('EFED Date: ?_?.._ MAR 08 ?010 O ITICIAI RWOMD$g?ND LE .31SLATIVE SRVCS DEPT Attachment number 1 Page 2 of 3 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? -Provide review and constructive comments on P&R Department activities. Communicate City of Clearwater activities information to fellow Clearwater citizens providing good relationships between the public and City Government. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Long term board member on two boards. I have watched some City of Clearwater N presentations and attended City of Clearwater Council Meetings as a participating person. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? Long term city resident and business background in addition to my participation on two Boards. 4. Why do you want to serve on this Board? To actively support the City of Clearwater Government and maintain current knowledge of City activities. Item # 19 Attachment number 1 Page 3 of 3 Name: Aubrey Brooks Hammac, Board Name: Parks and Recreation Item # 19 Attachment number 2 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name Home Address: a5'1 Z C-o?t•o.s h y? ?C C u,C . F 1 Zip 331(o I Telephone: -1 Z-1 - `19 (oS55 Cell Phone: -1Z.-1 - 22c-\ --1-1 S5 How long a resident of Clearwater? s %\acr o Office Address: Zip Telephone: E-mail Address c-?-,.?5rzij?notNarll,cot? Occupation: ?nu5ca? ?SLQ-ko»o bu??ves5 Employer: k' ,Ms kp-Vy" oc?a s k iCa" LL C Field of Education: Other Work Experience: t?.s"'C?ra?tr.,Tn ca?ttac?.s.?..c If retired, former occupation: Community Activities: Other Interests: Board Service (current and past): Additional Comments: Signed: Date: 31S1 ao\c? See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. RECEIVED MAR 4 9 2010 Board Preference: ?.Z?-c Y3 r\ a ITICIAL RECORDk&V* 19 LE , 31SLATIVE SRVCS DEPT Attachment number 2 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? de zsziwS uct» rxS a to i?,a ?]5 mAy?s¢ cs? ?cc?orfix-??ue c?ar???ec o\a.?.».?e - a , . c% ss ,ti h cx,`) a s 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? O 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? -- Aca W 1?.1 c G?it?ast_S tz? GW ?. - ?-t ?Ulst u? u.?i C o vr-V?syc? iii ue 1C S ?.?e?''?t'`C? 4. Why do you want to serve on this Board? Name: Zll?e? Board Name:Tar? ?Lc-,?,? Item # 19 Attachment number 3 Page 1 of 2 Nam CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Home Address: 161 5 sun <_&? f A- (Z-b G?eLlrWcj-2r,yL Zip 3 Telephone: Cell Phone: _ 43 How long a resident of Clearwater? G Occupation: ?a 1 ?-e? -rnln?u Field of Education: -evj 't° 10A V Vl 1 tit If retired, former occupation: ComMunity Activities: I-- C? fa U-N. _ C Other Interests: Board Service (current and past : -er- Pl-zrre4,,.?o Additional Comments: Signed: Office Address: Zip Telephone: E-mail Address: Employer: Other Work Experience: S Board Preference: GteafWCA4L ?kv-ksi garea_00 Date: J O See attaPed list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. APR (4 208 4 a1oD q (Item # 19 Attachment number 3 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? n-0 ?, 4 ? ? , WN ee iA (I -, ? JA? I- (Xi+ :;i V1 V) 1 11 (A 1\! i? ?'?' ea a iph 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? ?- 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? - IV S>YP3(-+5 C L,) 4. Why do you want to serve on this Board? )) q :I,re, me C4 -,9 %4LA PC I CO V) A?LM C4 y C? V) A-? l? !?i 7111, ovpl? rx. s C,ltw?e -iv 1--" Name: ?oyy\-q Board Name: T"frk5 r,4 Item # 19 Attachment number 4 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Jason Robert Happe Home Address:2045 Anchorage Way Office Address: Zip 33755 Zip Telephone: 812-7858 946-0654 Telephone: How long a resident of Clearwater? 5+ years Occupation: Firefighter Employer: Palm Harbor Fire Rescue Field of Education: Fire Science/EMS Other Work Experience: If retired, former occupation: Community Activities: Member of Edgewater Drive Neighborhood Association Other Interests: Board Service (current and past): None Board Preference: 1. Parks and Recreation Board 2. Environmental Advisory Board 3. Marine Advisory Board Additional Comments: Signed: Date: / 1,3, See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. AUG 13 2008 i {? `PltP_h # 19 Attachment number 4 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? I'm going in to this new, but from the title, advisory board, I think it is to advise the board of commissioners, problems and solutions of the issues of the particular jurisdiction of that advisory board. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Yes, on TV. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have been a public servant for 15 years. I have interest in keeping my community up to a high standard. 4. Why do you want to serve on this Board? At this time I am open to serving on any of the boards listed above. The commonality of those boards is that they are all of outdoor activities or correlate to the safety of the ourdoors. Name: Jason R. Happe Board Name: Item # 19 Attachment number 5 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name Gerald J. Thompson Home Address: 2666 cascade ct Clearwater fl. Telephone: 727-791-6231 Office Address: Zip 33761 6511 43rd St. Pinellas Park Fl. Zip33781 Cell Phone: 727-639-9584 E-mail Address: jerrya@coastbrothers.com How long a resident of Clearwater? 19 years Occupation: owner Employer: Coast Brothers Inc. PWE D -OFFICIAL RLCO:t-i. S;NND Field of Education: business management 4 degree Other Work Experience: computer development, Business valuation & development If retired, former occupation: Community Activities: Little league baseball, home owner association Other Interests: trap & sheet shooting Board Service (current and past): Board Preference: Park & recreation --'"-"? Additional Comments: Signed: Gerald J Thompson Date: 12-11-2008 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 19 Attachment number 5 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? -Monthly meetings, advise/valuate on information that is presented to board. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? yes 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? Development success business. Work within youth organizations. Interested in continued growth of the parks & rec. in the city. 4. Why do you want to serve on this Board? To be involved in my city and growth of Clearwater and Parks & recreation facilities for the future generations. Name: Board Name: 4a---ks i ? Item # 19 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 5/6/2010 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 Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $10,000 10/01/09 to 09/30/10 Budget Adjustment: Annual Operating Cost: Total Cost: No Appropriation Code Amount Appropriation Comment 010-09600-530100-514-000 $10,000 Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: Sole Source Cover Memo Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Item # 20 Attachment number 1 Page 1 of 3 LEGAL SERVICES AGREEMENT THIS AGREEMENT is made on the day of , 20107 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"). WITNESSETH: 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, Item # 20 Attachment number 1 Page 2 of 3 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 2 Item # 20 Attachment number 1 Page 3 of 3 By: Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Pamela K. Akin City Attorney Attest: Cynthia E. Goudeau City Clerk ROGERS, TOWERS, P.A. By: William D. Brinton 3 Item # 20 City Council Agenda Council Chambers - City Hall Meeting Date: 5/6/2010 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. 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 Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 315-96382-530300-532-000- 0000 181-99861-530300-532-000- 0000 133,500 133,500 10/1/2009 to 9/30/2010 Amount 83,500 50,000 Budget Adjustment: None Annual Operating Cost: Total Cost: 133,500 Appropriation Comment Gas Inventory-Work Management System Federal Grant (Technical Assistance Grant) Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager Approval: ED 6) Clerk 7) City Manager 8) Clerk Cover Memo Item # 21 Attachment number 1 Page 1 of 4 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. Item # 21 Attachment number 1 Page 2 of 4 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. 2 Item # 21 Attachment number 1 Page 3 of 4 The required attributes and field types/lengths are as follows: Field Type Length Units Domain UMS Location Number Numeric 10 Drawing Character 20 Completed B Character 20 Inspected B 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 Item # 21 Attachment number 1 Page 4 of 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, e ?aa R. Peter Stasis., P.E. Vice President, Office Manager. Brian Rosenfeld Project Manager 4 Item # 21 70 E •C W VI 4- p cn u in ? •u ? O ro ? u a • ? at• c?i v O Qr '-fir O ? N N 1 .. • v] N ^O E •? C O O O U U •? O O p? ? c? Q L. ?. ? -? 00 g o 69 [fi . C O cd v y, O O O V 64 O ? ? ? ? ' U ? M a) ? cd cd m ? r O 2 O Z U ? Z A. i N cl L- , "C3 a? O 'b N C bb , , 4w CN o ''„ ' I' . V a u C? • d r. Vi a. v 4-+ V -4 M V O c? O 12 y c-i a - ^d c0 N r- U ?^ N y CL 10 ioq 'd "U N cV 00 7+ o . rA ZM rr? V A a d U ? W o /• O U 41 L a Q Ln ui Ln r•1 O o ro N L H .Q O O ? C ? a o N ' a u C A ? -a o0 ro a r- 0 ro 0.2 ag u N O G. L M ? ro a? d V L L O O %A %A ro ro 6 Z J ?? City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 5/6/2010 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, authorize the appropriate officials to execute same and identify the initial location for the Clinic. (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 Comments: Current Year Cost: Not to Exceed: $750,000 $2.75M Budget Adjustment: Annual Operating Cost: Total Cost: Yes Cover Memo For Fiscal Year: 2010 to 2012 Item # 22 Appropriation Code Amount Appropriation Comment 0181-99852 $1.75M Remainder of FYI 0 and FYI I 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 Item # 22 Attachment number 1 Page 1 of 19 Agreement between CARE ATC, Inc. and City of Clearwater This agreement is made and entered into this day of 2010, by and between the City of Clearwater, Florida ("CITY"), a Florida Municipal Corporation and CARE ATC, Inc., an Oklahoma corporation ("CARE ATC"). Recitals: A. CARE ATC contracts with employer to perform health assessments and provide physicians and medical personnel at the employer's place of business to perform certain medical services to the employees of employer and/or their dependents. B. The CITY desires to contract with CARE ATC and CARE ATC desires to contract with the CITY for CARE ATC to perform health assessments and furnish a physician and medical personnel at a location at a location determined by the CITY to provide certain medical services to the applicable employees and retirees of the CITY and/or their dependents on the terms and subject to the conditions contained herein. NOW, THEREFORE, for good and valuable consideration, the receipt and the sufficiency of which are hereby acknowledged, the CITY and CARE ATC hereby agree as follows: Definitions: "Eligible Dependent" means an individual enrolled as the qualified dependent of a City employee or retiree currently participating in the City's medical insurance plan. "Eligible Employee" means current, full-time regular employee or COBRA participant who is currently participating in the City's medical insurance plan. "Eligible Retiree" means an individual who is receiving benefits under the City of Clearwater Employees' Pension Fund or otherwise meets the requirements of an alternate City of Clearwater retirement plan as defined by the City, and who is currently participating in the City's medical insurance plan. "Employer" shall mean the City of Clearwater. "Health Professional" shall mean a Physician, Physician Assistant, Nurse, or Nurse Practitioner as described herein, or other professional duly licensed in the State of Florida to provide health services. Page 1 Item # 22 Attachment number 1 Page 2 of 19 "Medical Records" shall mean any and all electronic and paper copies of medical records, notes, history, and laboratory and x-ray data. "Medical Services" means the medical services with respect to which CARE ATC has agreed to furnish medical professionals pursuant to this Agreement with the CITY. The Medical Services with respect to which CARE ATC has agreed to furnish a physician are listed on Exhibit A. "Nurse" shall mean, and is inclusive of, a Registered Nurse ("RN") and a Licensed Practical Nurse ("LPN"), appropriately licensed in the State of Florida, that operates within the scope of their license and under the direction of a Medical Professional. "Nurse Practitioner" shall mean a Certified Registered Nurse Practitioner ("ARNP") appropriately licensed within the State of Florida operating within the scope of their license. "Participants" shall mean an Eligible Employee, Eligible Retiree, or Eligible Dependent as described herein. "Physician" shall mean a Medical Doctor ("M.D.") or Doctor of Osteopathy ("D.O."), appropriately licensed in the State of Florida operating within the scope of their license. "Physician Assistant" shall mean a Physician Assistant ("PA") appropriately licensed within the State of Florida operating within the scope of their license. "Protected Health Information" shall mean information as defined by the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA") and following all federal and state privacy requirements. ARTICLE I PROVISION OF SERVICES 1.01 Provision of Physician. CARE ATC shall furnish a physician ("Physician") to provide the Medical Services (as defined herein) to the PARTICIPANTS of the CITY. CITY shall have the opportunity to interview any initial, replacement, or temporary Physician candidate identified by CARE ATC and determine if the Physician will be acceptable to the CITY. CITY shall also have the right to have CARE ATC remove the Physician upon written notice, which notice shall specify the time by which Physician shall be removed. The CITY and CARE ATC may, at any time and from time to time, amend or supplement Exhibit A by written agreement. 1.02 The City shall have the right to determine which persons are eligible "Participants". Page 2 Item # 22 Attachment number 1 Page 3 of 19 1.03 Standards of Physician Performance. CARE ATC shall contract with the Physician such that the Physician is obligated to perform or deliver the following: (a) The Physician shall determine his or her own means and methods of providing Medical Services in connection with this Agreement with oversight and quality control functions performed by CARE ATC Medical Directors. Referrals made for additional medical care shall primarily utilize contracted health system network(s) outlined in the current CITY medical insurance Plan Document. (b) The Physician is to comply with all applicable laws and regulations with respect to the licensing and the regulation of medical professionals. (c) The Physician is to provide the Medical Services in a manner consistent with all applicable laws and regulations and in a professional manner consistent with Medical Services provided in the community. (d) The Physician is to maintain, during the term of this Agreement, Appropriate Credentials including: (1) A duly issued and active license to practice medicine in the state where services are to be rendered, for the CITY's location(s) identified in Exhibit C without limitation or restriction, (2) A good standing with his or her profession and state professional association, (3) The absence of any license restriction, revocation, or suspension. (4) The absence of any involuntary restriction placed on his or her federal DEA registration (5) The absence of any conviction of a felony. (e) In the event that any Physician (1) has his or her license restricted, revoked or suspended, (2) has an involuntary restriction placed on his or her federal DEA registration, (3) is convicted of a felony, or (4) is no longer in good standing with his or her profession and/or state, CARE ATC shall promptly remove that Physician and replace such Physician with another Physician that meets the requirements of Section 1.02 (d). (f) The Physician is contractually obligated through an agreement with CARE ATC to comply with the requirements of Section 1.03(d) with respect to licensing, certification, and good standing, as applicable, to any Health Professional. 1.04 Scheduling of Services. CARE ATC shall contract with the Physician for the Physician to provide the Medical Services at a location determined by the City and for the times identified in Exhibit C. The CITY and CARE ATC may, at any time and from time to time, amend or supplement Exhibit C by written agreement. Page 3 Item # 22 Attachment number 1 Page 4 of 19 1.05 Place of Services. The CITY shall provide the Physician clinic space that is located at location determined by the CITY, which clinic space shall be reasonably satisfactory, in the judgment of CARE ATC, for the provision of the Medical Services. In addition, the clinic space shall have phone and fax lines, internet access and a lock which permits the Physician to limit access to the clinic. The City shall be responsible for all costs associated directly with the physical facility and/or property, including taxes (if owned), rent (if leased) utilities, maintenance, landscaping, etc. The City and CARE ATC may by mutual agreement provide for any such services to be billed to CARE ATC and submitted to the City as a pass-through cost 1.06 Equipment and Supplies. CARE ATC shall purchase the equipment and the supplies, which are listed on Exhibit B, and shall bill the Employer at its cost which shall be the commercially reasonable cost. There shall be a cap on purchase by CARE ATC of $2,500 for purchases over and above the agreed upon inventory without prior permission of the Employer. CARE ATC shall be limited by the provisions of Section 4.05 regarding appropriations and budgeted amount. The Physician shall notify CARE ATC, at any time and from time to time, of the quantity of such equipment and such supplies which the Physician reasonably requires in connection with the provision of the Medical Services and the date by which such equipment and such supplies are required and CARE ATC shall provide such equipment and such supplies by such date. CARE ATC is responsible for pickup and disposal of bio-waste. 1.07 Insurance. Without limiting any of the other obligations of CARE ATC, CARE ATC and the Physician shall secure and maintain at its/his/her own cost and expense, throughout the duration of this contract and until work is completed and accepted by CITY, insurance of such types and in such amounts as may be necessary to protect it/him/her and the interests of CITY against all hazards or risks of loss as hereunder specified or which may arise out of the performance of the Contract Documents, as follows:. a. Professional Liability Insurance. CARE ATC shall maintain a Professional Liability Medical Malpractice Liability policy in the name of the entity with a specific schedule of all medical professionals (as defined on page 2), including both employed and independent contractors with limits of liability not less than $1,000,000 each occurrence/$3,000,000 aggregate. All other Medical Assistants (as defined on page 2) shall also be covered under this policy, including both employed and independent contractors. When a self-insured retention ("SIR") or deductible exceeds $10,000, CITY reserves the right, but not the obligation, to review and request a copy of CARE ATC' most recent annual report or audited financial statement. For policies written on a claims-made basis, CARE ATC warrants the retroactive date equals or precedes the effective date of this Agreement. In the event the policy is canceled, non-renewed, switched to an occurrence form, retroactive date advanced, or any other event triggering the right to purchase a supplemental extended reporting period ("SERP") during the life of this Agreement, CARE ATC shall agree to purchase an SERP with a minimum reporting period not less four (4) years. Further, CARE ATC shall maintain on behalf of, or contract with to maintain, any Medical Professionals, throughout the term of this Agreement, professional liability insurance covering the acts and omissions of the Medical Professional in the amount of $1,000,000/$3,000,000. CARE ATC shall contract with the Medical Professional to notify Page 4 Item # 22 Attachment number 1 Page 5 of 19 CARE ATC immediately in the event he or she does not have the required coverage and shall promptly remove and replace such Medical Professional with another qualified Medical Professional, with CITY approval. CARE ATC shall provide CITY proof of such professional liability insurance maintained by the Medical Professional. CARE ATC shall also maintain professional liability and general liability insurance during the term of this Agreement, which will include, but be limited to, coverage for any negligent acts, errors, or omissions, on the part of Medical Assistants. Any insurance policy shall include a schedule of all employed or independent contractors. b. Indemnification. In exchange for other consideration furnished, CARE ATC shall indemnify, defend and hold harmless CITY, its representatives, employees and elected and appointed officials, from and against all claims, costs, demands, legal fees, costs of action, losses, damages or other expenses arising as a result of any negligent act, conduct, error or omission by CARE ATC, or its agents, employees or independent contractors, in the performance of this Agreement. Further, CARE ATC agrees to indemnify and hold harmless CITY from and against any cost, damage, expense, loss, liability or obligation of any kind including, without limitation reasonable attorney's fees, which CITY may incur in connection with CARE ATC' furnishing of Medical Professionals, Medical Assistants, or the Medical Services provided by them under this Agreement. Notwithstanding the foregoing, this section and all other provisions of this Agreement relating to indemnity and insurance are not intended to, and shall not be construed to, waive CITY's sovereign immunity, the provisions and the limitations set forth in Section 768.28, Fla. Stat., as amended from time to time, or a consent to be sued by third parties. C. Workers' Compensation. Care ATC shall provide workers' compensation insurance for all their employees and contractors in an amount at least equal to the statutory limits of coverage according to applicable State and Federal laws. Employers Liability coverage should be included with limits of at least $500,000 each accident and $500,000 each disease/Employee and $500,000 each disease/maximum. d. Business Auto Policy. CARE ATC shall maintain business automobile liability insurance at a limit of liability of not less than $1,000,000 each occurrence for owned, non- owned, and hired automobiles. In the event CARE ATC does not own any automobiles, the business auto liability requirement shall be amended allowing CARE ATC to maintain only hired and non-owned auto liability insurance. This amended requirement may be satisfied by way of endorsement to the commercial general liability insurance policy, or separate business auto coverage form. e. Commercial General Liability. CARE ATC shall maintain commercial general liability insurance for public liability during the lifetime of this Agreement which shall have minimum limits of $1,000,000 per occurrence for personal injury, bodily injury, and property damage liability, and cyber risk. Coverage shall include premises, operations, independent contractors, products, complete operations, contractual liability and broad form property damage endorsements. Coverage shall not contain an exclusion or limitation endorsement for contractual liability or cross liability. All insurance policies shall be issued from a company or companies Page 5 Item # 22 Attachment number 1 Page 6 of 19 duly licensed by the State of Florida. All policies shall be on an occurrence-made basis; CITY shall not accept claims-made policies. Specific endorsements shall be requested depending upon the type and scope of work to be performed. f. Additional Insured Requirements. Except as to Workers' Compensation, Professional Liability and Employers' Liability, said insurance certificate(s) shall state that coverage required by the Agreement has been endorsed to include the City of Clearwater as an additional insured under the policies. Certified copies of insurance policies shall be forwarded to the CITY upon written request of same The certificate of insurance and policy shall unequivocally provide thirty (30) days written notice to CITY prior to any adverse changes, cancellation, or non-renewal of coverage thereunder. Said liability insurance must be acceptable by and approved by CITY as to form and types of coverage. In the event that the statutory liability of CITY is amended during the term of this Agreement to exceed the above limits, CARE ATC shall be required, upon thirty (30) days written notice by CITY to provide coverage at least equal to the amended statutory limit of liability of CITY. 9. Waiver of Subrogation. CARE ATC shall agree by entering into this Agreement to a waiver of subrogation for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive and subrogation without an endorsement, CARE ATC shall notify the insurer and request the policy be endorsed with a waiver of transfer of rights of recovery against others, or its equivalent. This waiver of subrogation requirement shall not apply to any policy which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CARE ATC enter into such an agreement on a pre-loss basis. CARE ATC shall require any and all subcontractors with whom it enters into a contract to perform work under this agreement, to protect, through insurance, against applicable hazards or risks and shall, upon request of CITY, provide evidence of such insurance. CARE ATC and Physician shall be responsible for all deductible amounts from such insurance and shall indemnify and hold harmless CITY there from. 1.08 Responsibilities of Parties. The Health Professionals or persons provided by CARE ATC shall be solely responsible for their actions and omissions and those of any agent or employee used by them in connection with this Agreement. Neither the CITY nor CARE ATC shall incur any liability for the actions or omissions of the Physician, Nurse Practitioner, nurses, licensed physician assistants or any other health professionals or persons, or their agents or employees. Regardless of the foregoing, CARE ATC agrees to indemnify, defend, and hold harmless CITY from and against all claims, damages, losses, liabilities, and expenses (including, without limitation, reasonable attorney's fees) of any kind whatsoever arising from this Agreement or its performance including, without limitation, malpractice by the Physician, Nurse Practitioner, nurses, licensed physician assistants or any other health professionals or persons provided by CARE ATC, or any of their agents or employees. This indemnification agreement shall not be limited in any way by any limitation on the amount or type of damages, Page 6 Item # 22 Attachment number 1 Page 7 of 19 compensation, or benefits payable by or for CARE ATC under workers' compensation acts, disability benefit acts, or other employee benefit acts. Notwithstanding any other provision of this Agreement to the contrary, the liability of the Employer under this Agreement is intended to be consistent with limitations of Florida law, including the state's waiver of sovereign immunity. No obligation imposed by this Agreement on the Employer shall be deemed to alter said waiver or to extend any liability of the Employer beyond such limits, nor shall any such obligation be deemed or construed as a waiver of any defense of sovereign immunity to which the Employer may be entitled. 1.09 Other Licensed Health Professionals. The CITY agrees and acknowledges that Physician may from time to time have other Health Professionals, as defined herein, assist the Physician and/or replace the Physician during his or her regularly scheduled time at the CITY's place of business in the event of an emergency at the hospital or at the Physician's office. In this regard Section 1.08 shall apply in the same manner to the Health Professional as such section applies to the Physician. The same level of professional standards as set forth in Section 1.02 (d) shall apply as well to Health Professionals other than medical doctor interns and residents. CARE ATC shall obtain a release from the Physician and any Health Professional, satisfactory to the CITY, indicating that the Physician or Health Professional will hold the CITY harmless for any injury sustained or illness contracted while performing services at the CITY's place of business. 1.10 Participant Billing. CARE ATC shall contract with the Physician that the Physician shall not bill or otherwise solicit payment from employees of the CITY and/or their dependents, or from the CITY, or from the CITY's Benefit Plan Trust, for the Medical Services provided by the Physician in the CARE ATC clinic. Neither CARE ATC nor the Physician or other Licensed Health Professionals shall engage in the practice of "back billing" with regard to the Medical Services. 1.11 Medical Records. CARE ATC shall contract with the Physician for the Physician to maintain medical records with respect to all of the patients, all of which medical records shall be maintained in a professional manner consistent with the accepted practice of the community in which the Physician provides the Medical Services in connection with this Agreement and HIPAA privacy standards. All patient records maintained by the Physician in connection with this Agreement shall be the sole property of the Physician and CARE ATC. The CITY understands that all of the medical records maintained by the Physician will be held by the Physician in strictest confidence and that the CITY will not be entitled to have access to the medical records maintained by the Physician except for records pertaining to injuries reimbursable by CITY pursuant to Worker's Compensation. Anything herein to the contrary notwithstanding, CARE ATC and Physician will maintain all "protected health information" as defined in the Health Insurance Portability and Accountability Act (HIPAA) as confidential and shall not disclose such health information to any third party or use such health information for commercial advantage or personal gain or for Page 7 Item # 22 Attachment number 1 Page 8 of 19 any reason not permitted by HIPAA. All obligations of Physician and CARE ATC to maintain confidentiality of health information shall survive termination of this Agreement indefinitely. 1.12 Quarterly Reports. CARE ATC shall provide to the City a weekly utilization report containing the number of medical visits, total medical visits available, occupational health visits, labs, x-rays (if applicable), and prescriptions dispensed. In addition, CARE ATC shall provide to the CITY, no later than the last day of the month, a written report with respect to the provision by the Physician of the Medical Services during the immediately preceding calendar quarter. The written report will report (a) the number of participants, (b) the number of participants for whom work-related treatments were provided, (c) the number of participants for whom primary care services were provided. On a quarterly basis CARE ATC shall provide to the CITY (d) an aggregate summary indicating the types of conditions, treatments, and services provided during such immediately preceding calendar quarter. CARE ATC will review services performed on-site with CITY quarterly. 1.13 Noncompliance by the Ph,, sib. In the event that the CITY becomes aware of any material failure by the Physician to comply with the obligations of the Physician which are contemplated by this Agreement, the CITY shall promptly provide written notice to CARE ATC of such failure, which written notice shall describe the failure in reasonable detail, and CARE ATC shall use its best efforts to address such failure. In the alternative, CARE ATC may arrange for the substitution of another person as the Physician. As provided in Section 1.01, CITY shall have the right to require the immediate removal of the Physician by CARE ATC. CITY shall have no duty to notify CARE ATC of malpractice by the Physician, Nurse Practitioner, nurses, licensed assistants or any other persons provided by CARE ATC, or malpractice of any of their agents or employees. 1.14 Personal Health Assessments. CARE ATC shall perform health assessments for Participants of the CITY. Such assessments shall be comprised of blood draws and data collection for each adult participant, conducted at the medical clinic or other worksite identified by the City by qualified and licensed personnel, labwork, generation and delivery of individual printed and/or internet accessible reports and aggregated reports of findings for the CITY. Unless specifically directed by the participant, all records will be accessible to the Physician providing on-site medical services for diagnostic and educational purposes. All health assessment data shall be maintained in a professional manner consistent with HIPAA privacy standards. All health assessment records maintained by CARE ATC in connection with this Agreement shall be the sole property of CARE ATC. The CITY understands that all of the health assessment records maintained by CARE ATC will be held by CARE ATC in strictest confidence and that the CITY will not be entitled to have access to the health assessment records maintained by CARE ATC, except for aggregated records pertaining to group data, void of identifiable personal health information. 1.15 Independent Contractors. CARE ATC, the Physician, Nurse Practitioner, nurses, licensed physician assistants and any other health professionals or persons provided by CARE ATC shall be considered contractors independent of the CITY and shall perform the services Page 8 Item # 22 Attachment number 1 Page 9 of 19 hereunder in accordance with their own methods and shall have complete charge of performing the services. 1.16 Voluntary Participation. It is understood and agreed that participation in CARE ATC programs by participants of the CITY shall be on a voluntary basis. Patients/participants shall not be required to utilize any service provided by CARE ATC, except that the CITY may at its discretion and upon agreement with CARE ATC utilize the services of CARE ATC in the requirement of employees to submit to medical and/or other examinations to determine the employees' physical capacity for the continued performance of their job duties and essential functions or in the administration and determination of Workers Compensation benefits. Page 9 Item # 22 Attachment number 1 Page 10 of 19 ARTICLE II COMPENSATION 2.01 Initial Set-Up Fee. The CITY shall pay to CARE ATC an initial set-up fee as listed in Exhibit C within forty-five (45) days of submission of invoice(s), which shall reflect the purchases of equipment, supplies and medications which are negotiated between the parties and initially required by the Physician for the provision of the Medical Services as described in Exhibit B. Fees are due in accordance with the Florida Prompt Payment Act, F.S. Secs 255.0705-255.078. 2.02 Within 45 days of receipt of the CARE ATC monthly invoice, the CITY shall pay to CARE ATC the amount listed for Administration in Exhibit C. Fees are due in accordance with the Florida Prompt Payment Act, F.S. Secs. 255.0705-255.078. 2.03 Additional Fees. The CITY shall be responsible as set forth in Section 1.03 and 1.06 for all agreed to staffing, medical supplies, equipment and other items that may be required by CARE ATC or the Physician to provide adequate Medical Services under this Agreement. The invoiced amount of such other items shall be CARE ATC's cost with no additional charges. In the event that the Physician deems it necessary, with permission granted by CITY, to work beyond the contracted hours, CITY shall be billed and pay for such services at the agreed to hourly rate. Upon request, CARE ATC shall provide documentation supporting CARE ATC's cost. Fees are due in accordance with the Florida Prompt Payment Act, F.S. Secs. 255.0705- 255.078. 2.04 Rate Increases. The Rate for staffing cost set forth in Exhibit C shall remain in effect for the initial year of this Agreement. Commencing with the second year of the Agreement, staff salaries may increase annually at a rate determined by the US Bureau of Labor Statistics - Medical Care Services Index on an annualized basis. ARTICLE III TERM AND TERMINATION 3.01 Term. This agreement shall be for a term of three years commencing on the date the Physician begins onsite services, subject to earlier termination in accordance with this Agreement. Unless either the CITY or CARE ATC gives written notice of non-renewal to the other party at least thirty (30) calendar days prior to the end of the initial term or of any renewal term, this Agreement shall be automatically renewed for additional periods of one year each with rate increases as described in Section 2.04. 3.02 Termination. This Agreement may be terminated by either the CITY or CARE ATC at any time prior to or following the commencement of onsite services by providing the other party at least ninety (90) calendar days' prior written notice. Provided, however, that if CARE ATC terminates during the first year of this Agreement, CARE ATC shall, at CITYs request, buy back the on-hand inventory of equipment, supplies and medicine at CITY's cost. Page 10 Item # 22 Attachment number 1 Page 11 of 19 3.03 Effect of Expiration or Termination. The expiration or the termination of this Agreement shall not affect the obligation of the CITY to pay compensation to CARE ATC or pay for any outstanding invoice for the period prior to such expiration or termination and shall not affect the obligation of CARE ATC to provide monthly reports for the period prior to the effective date of such expiration or such termination and to perform all services agreed to under the terms of this contract. ARTICLE IV MISCELLANEOUS 4.01 Notice. All notices and other communications permitted or required pursuant to this Agreement shall be in writing, addressed to the party at the address set forth at the end of this Agreement or to such other address as the party may designate from time to time in accordance with this Section 4.01. All notices and other communications shall be (a) mailed by certified or registered mail, return receipt requested, postage pre-paid, (b) personally delivered or (c) sent by telecopy with a receipt confirmation. Notices mailed pursuant to this Section 4.01 shall be deemed given as of three days after the date of mailing and notices personally delivered or sent by telecopy shall be deemed given at time of receipt. 4.02 Public Records Act. It is understood by the parties that the Employer is subject to the provisions of the Florida Public Records Act, Florida Statutes Section 119.011 et seq., and that absent any exemptions or provisions for confidentiality contained in state or federal statute„ generated records may be open to the public for inspection and copying. 4.03 CARE ATC shall establish and maintain a reasonable financial and accounting system, which enables ready identification of contractor's cost of goods and/or services and use of funds. Such financial and accounting system shall also include adequate records and documents to justify all prices for all items invoiced as well as all charges, expenses and costs incurred in providing the goods and/or services for five (5) years after completion of this contract. The CITY or its designee shall have access to all such books, records, subcontract(s), financial operations, and documents of the contractor or its subcontractors as required to comply with this section for the purpose of inspection or audit anytime during normal business hours. This right to audit shall include the contractor's subcontractors used to procure goods and services under the contract with the CITY. Audit of subcontractors and subconsultants shall be limited to those records associated with the goods and services provided under this contract. CARE ATC shall keep complete and accurate inventory control records of all medical supplies, pharmaceuticals, equipment and other items purchased and utilized for medical services. CARE ATC shall submit a "Med Dispense Report" to the CITY Monthly. The CITY shall have the right to make a special audit, by auditors selected by the CITY, of all the books and records required to be made and preserved by CARE ATC. Page 11 Item # 22 Attachment number 1 Page 12 of 19 4.04 Transferability. Neither the CITY nor CARE ATC may assign or otherwise transfer this Agreement to a third party without the prior written consent of the other party, which may be given or withheld by the other party in its sole discretion. 4.05 Appropriation Clause. The City, as an entity of government, is subject to the appropriation of funds by its legislative body in the amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year following the fiscal year in which this contract shall remain in effect. Upon notice that sufficient funds are not available in the subsequent fiscal years, the City shall therefore be released of all terms and other conditions. 4.06 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the CITY and CARE ATC with respect to the subject matter hereof and supersedes all prior agreements. This Agreement shall not be amended or waived, in whole or in part, except in writing signed by both of the CITY and CARE ATC. 4.07 Governing Law. This Agreement shall be governed by, and interpreted in accordance with, the internal laws of the State of Florida, without giving effect to its conflict of laws provisions. Venue for any legal action or proceeding relating to this Agreement shall be exclusively in Pinellas County, Florida. Page 12 Item # 22 Attachment number 1 Page 13 of 19 4.05 Access to Books and Records. Both CARE ATC and the Physician agree to provide access to their books and records to the other party, the Comptroller General of the United States, the Secretary of Health and Human Services or their duly authorized designee, to the extent required by S.S.A. 1861(b)(1)(I) and the regulations promulgated thereunder. 4.06 Successors. This Agreement is binding upon the parties, their successors and assigns. Sixty (60) days notice of any change in ownership, management, etc. shall be given the other party by the party experiencing the change. In such event, this Agreement shall be assumed upon a change of ownership, change of control, change in management, reorganization, etc. of, or at, CITY. IN WITNESS WHEREOF, the CITY and CARE ATC have executed and delivered this Agreement as of the date first above written. Sig ed: WAI\ A Tx (o V Jamey Lykins Chief ODeratinia Officer CARE ATC Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk ADDRESS: c/o City Manager William B. Horne II 112 S. Osceola Ave. Clearwater, FL 33756 Page 13 Item # 22 Attachment number 1 Page 14 of 19 EXHIBIT A "SCOPE OF SERVICES" ADMINISTRATIVE PROGRAM Long Term Health CareATC will work with the Employer and its health administrator 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: • Personal Health Assessment (PHA) with comprehensive lab analysis • Aggregate employee population analysis to improve chronic disease and medication management • High risk populations targeted to optimize healthy lifestyle impact • General population health management • Physician Health Seminars • Physician Round Tables (improving clinician capability) • Wellness initiatives to include health screenings, presentations, seminars, employee education, and coordination with other ongoing City wellness activities. Labs • Collection of specimens, blood draws • Coordination of lab logistics and analysis • Expedited out-of-range reporting to medical providers Information Management Health information shall be HIPAA compliant and shall serve the purpose of articulating: • Health Improvement of the General Population o Health status o Trends & focus areas o Health Improvement o Trends & focus areas • Clinic Performance/Improvement o Clinic utilization ¦ Primary Care ¦ Prescriptions ¦ Treated work injuries ¦ Clinic fill capacity • Financial Tracking o Annual claims cost status/trends Page 14 Item # 22 Attachment number 1 Page 15 of 19 ¦ Reductions (after year 1) ¦ National average comparisons o Cost avoidance/savings The Employer agrees to facilitate CareATC access to all necessary claims data requisite for the subject reports. Staffing CareATC will recruit and manage staff including: • Physicians • Nurses • Medical assistants • Background checks • Credentialing service reviews, reports on any sanctions, disciplinary action, credentialing status • 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: • Acute Illness o Cough, earache, fever, headache, sinus, etc. • Chronic illness evaluation (Our essential focus) o Pre-empting, evaluating, diagnosing, treating & managing (heart, blood sugar, blood pressure, cholesterol, BMI, tobacco, etc.) • Employment-Related Activities o (Refer to Scope of Occupational/Workers' Compensation Health Services) Pharmacy 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 Page 15 Item # 22 Attachment number 1 Page 16 of 19 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: • Infections • Hypertension • Hyperlipidemia • Diabetes • Infectious Disease (including antibiotics) • Gastro esophageal/reflux disease • Asthma • Chronic lung disease • Occupational Context o Immediate work-related injury triage & patient management o Minor procedures within the clinician's scope of practice Medical Oversi!ht and Exams • Hearing o Audiometric exams, STS review, work relationship determination and report/documentation, including employee notification letters • Respiratory o Administer all medical elements of respiratory protection program including spirometry testing/Pulmonary Function Testing (PFT) for employees required to wear a respirator • Mobile Equipment Exams • Conduct medical history review, vision testing and medical exam for employees required to operate mobile equipment, fork truck physicals • Department of Transportation/Commercial Drivers License exams • Pre-Employment o Coordinating/conducting physicals, drug screening, medical history, audiometric testing, biometrics, etc. • 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. Page 16 Item # 22 Attachment number 1 Page 17 of 19 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) ALBUTEROL90MCG 17GM INHL DISPENSER ALCOHOL AMOXICILLIN 500MG CAP 100/13T 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% 160Z 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 LID 100/13 MEDIWASH EYE WASH BTL/4 OZ EPINEPHRINE 1:1000 AMP 1ML MOUTHPIECE ADULT 100/BX ERYTHROMICIN 500MG 100/13T 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 100/13T 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 40Z 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 SIGNIFY FLXT WAV 50B SPONGE GAUZE 2X2X8P NS SPONGE GAUZE 4X4X8P NS MEDICAL SUPPLIES SPONGE GAUZE 4X4X8P ST 2'S ALCOHOL ISO 70% OT 12/CS SUTURE REMOVAL TRAY 50/CS APPLICATOR CT 6" ST 2'S 6LB SYRINGE 1000 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 320Z 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 Page 17 Item # 22 Attachment number 1 Page 18 of 19 Description Description MEDICALEQUIPMENT OFFICE SUPPLIES BP UNIT ADULT VELC 2-HOLE PUNCH BP UNIT LG ADULT VELC CLIP BOARD TABLE EXAM W/ STIRRUPS & STORAGE COPY 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 11 28" BILK 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) Page 18 Item # 22 Attachment number 1 Page 19 of 19 City of Clearwater 112 S. Osceola Ave. Clearwater, Florida CITY LOCATIONS, SCHEDULES AND RATES Name: Address: City, State, Zip: Set-up Fee: Rates: Monthly Administrative Fee Monthly supplies, labs, prescriptions Monthly Staffing Cost EXHIBIT C Pass through cost to City as used $ 25,275** Pass through cost to City as used 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. Page 19 Item # 22 Medical Office Space For LeaseAttachmenoflnumber2 401 Corbett St, Clearwater FL At Morton Plant Hospital ilfllll?'aa?„?, ,: - , • Newly Renovated l I; • $19.50/ sq ft modified gross • Spectacular Views l ;> T • Conference Room Aaj • Covered Garage Parking • Employee Break Room { Y ?r 1 y N rth ta.r h bciji d . l;;i:lc Jrr r f rl?r W ilrok ra, NOTE OF DISCLAIMER: DETAILS CONTAINED HEREIN ARE BELIEVED TO BE CORRECT; HOWEVER, IT IS SUBJECT TO ERRORS, OMISSIONS, PRICE CHANGE OR WITHDRAWAL WITHOUT NOTICE. * 3 MONTHS FREE RENT WITH APPROVED lease Contact: Cheryl Carver 727-4M4408 chcarver@nstarcommercial.com J O-0 -0 >, L. a) W M UJ co N ?co 0 0 - co ?(D (n U i-' 1.2 (D 0L- 4-0 L (n 4-0 n (D a) U 0 It O N N N LL N (n LO co N N N it L. a) W M UJ co N ?co 0 0 - co ?(D (n U i-' 1.2 (D 0L- 4-0 L (n n 4-0 (D a) U 0 It O N N N LL N cr ti cfl N N N it L. a) W M UJ co N ?co 0 0 - co ?(D (n U i-' 1.2 (D 0L- 4-0 L (n 4-0 n (D a) U 0It 0 0 It N N LL N L cn 0 LO cn E E 0 4-0 C: D (/) a) co U N N it a?i L. a) W M UJ co N ?co 0 .. co N (n U i-' 1.2 (D 0L- 4-0 L (n 4-0 n (D a) U 0 It O N M N ? sn X x LLI r r- o ? ? r N LL N L cr rn ti N N it a?i Medical Office Space For Lease 0 401 Corbett St, Clearwater FL At Morton Plant Hospital ;j d4 11 Northstar Commercial Real Estate Services .r; NOTE OF DISCLAIMER: DETAILS CONTAINED HEREIN ARE BELIEVED TO BE CORRECT; HOWEVER, IT IS SUBJECT TO ERRORS, OMISSIONS, PRICE CHANGE OR WITHDRAWAL WITHOUT NOTICE. ' 3 MONTHS FREE RENT WITH APPROVED lease ea.1 Lsstate Investment Broke rage A 12z • Newly Renovated • $ 19.50/ sq ft modified gross • Spectacular Views • Conference Room • Covered Garage Parking • Employee Break Room 4 yi . ? d•r ?F Contact: Cheryl Carver 727-420-4408 ChCarver@nStarcommerCla1.com L. a) ? ti (3) M C) J LL c? L W C: cu O E F a?CUi C/) U L+-- a) O -j L. Cn c) oNr LL 0 N -J o -am >% LL a? c? cr u? 00 N W ? CO ?J J LL N N (n U o? N -e W UO O CL O d? N _y 1 -P--? W C? U, U r? Q -0 1 .Q O J ri C;? t 1 1 r 'rte, a.+ N LL (D c6 cr U) N i X 'h ? X r- c?- c a-# a) a) U- as L ca Z) cr VJ 18 Powell Professional Center 401 Corbett Street Clearwater, FL 33756 Contact: Cheryl Carver Property Management & Leasing 727-420-4408 RE: City of Clearwater, Employee Clinic Suite 240 2,677 square feet Suite 210 2,845 square feet Suite 320 1,795 square feet 4. All suites listed above would lease at a rate of $16.00 per square foot, modified gross, with a 3 year agreement and a 1 year, no penalty out clause. Escalations will be set at 3% per year. Tenant is respodtible ft1 tericejanitorial and electric. Custom built saes we allp available at your request. ?- Meeting Date: 5/6/2010 City Council Agenda Council Chambers - City Hall 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. 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 areas 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. Cover Memo "In-kind contributions" are included in operating budgets under various departments. Item # 23 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). 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 $71,220 Various enterprise fund codes Review 1) Office of Management and Budget 2) Solid Waste/General Support Services 3) Legal 4) Clerk 5) Assistant City Approval: Manager 6) Clerk 7) City Manager 8) Official Records and Legislative Services Cover Memo Item # 23 r r C N r O N LL L 0 r.d Cr 1.6 r.d m N W CL L d d U O O O O O O O O O O O 0') - 00 0 C14 ? ?- EH EH EH EH V EH EH h Q' ? 7 ? 64 ER M W O O O O O O O O O O O O) ER ER 0 (fl ER ER 0 ER V ER T Q .C Y N - (O O a) O 69 O O 69 O O O O O V O O ER O C 69 69 ER ER O ) ER O (6 N V) N VT O 6rT O O O 6rT O 0 O O O 0 ::') 64 C O ER O O O ER O ER O O y O I- O N U7 0 m 0 v3 69 69 69 6 'O O O O O (O O (fl O O o O W Cis 64 0 V 0 00 0 ER 0 ER 0 Ce) .- y 0 61) 61) M fR N U W U o o O O 0 O O O O o o O N o M o ER O W o h C (6 7 (O O 00 M _ (3) (O (O C \L w in LL L6 (6 C4 117 (6 r-_? 0) M CO 6 6 6 6 6 7 O 3 3 3 3 3 69 Z Y c4 a) z 0 O ( O O O 6- O O O ? 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M 0 , rt Attachment number 1 Page 2 of 2 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Police Chief Initiatives SUMMARY: Meeting Date: 5/6/2010 Review Approval: 1) Clerk Cover Memo Item # 24 'IT N it N M? s Irflaza.` F . rt t t L O U V) V 0 •_ . cn u ? ? ? +; cn ca a ? U ? ? O ca N •> ca v `? O ? PENN- 4-J N a CL U •- ci) a a? •? O E •- ?: a) o U 0 w oC oC U U 0 U CO a y U 0 'IT N it N O .. V N Ca E O Q .? V O Q •- Q LM c: E u CL O < O ?: O •v t?A +?-+ ? Q ? cn O ca • - ca ' cn Q rl •N 'ago ? o - 0 U 0 U V-0 w Z V 'IT N it t, t 0 U O U u/ • U O Q 4- O ca cr I O ? U N O O ? .? W O O ? co O ? U O ca ? co 4.1 V O v W ,N v O ? O v i ? v O ? O ? • 'IT N it c? LU • V ? ca ? Q U a- a U O ?. o a I I I ? 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N it c N 00 a) r14 O r-I O 00 0 N i N G? ^ m a N O o M 00 V V a 000000000 CD m o m o m o m o lz:j- mmNNr-Ir-1CD CD 00 00 00 00 00 00 00 00 00 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Councilmember Offices Renovations - Jonson SUMMARY: Meeting Date: 5/6/2010 Review Approval: 1) Clerk Cover Memo Item # 25 HALLWAY rth COUNCIL CHAMBERS Attachment number 2 Page 1 of 1 ESTIMATE - PROPOSED OFFICE REMODEL (LOCATION: CITY HALL/ 3RD FLOOR, ACROSS FROM CHAMBERS) TASK COST CONSTRUCTION DEMO: - 1,500.00 WALL CONSTRUCTION: - 3,500.00 CEILING WORK: - 900.00 CARPET / COVE BASE: - 1,000.00 DOORS w/HARDWARE: - 2,000.00 ELECTRICAL: - 1,500.00 ARCHITECTURAL FEES: - 1,200.00 ASBESTOS SURVEY: - 750.00 TOTAL $12,350.00 Item # 25