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02/28/20111. Gas System WORK SESSION AGENDA Council Chambers - City Hall 2/28/2011 - 9:00 AM 1.1 Award a contract (blanket purchase order) for gas meters and regulators to Elster American Meter in the amount of $453,000 for the period April 1, 2011 to March 31, 2012, and authorize the appropriate officials to execute same. (consent) � Attachments 2. Human Resources 2.1 Authorize the renewal of a contract with MHNet of Florida for employee and retiree Employee Assistance Program and Mental Health/Substance Abuse benefits, from January 1, 2011 to December 31, 2011, and authorize the funding of a purchase order in the amount not to exceed $167,000 for the payment of associated premiums. (consent) [� Attachments 3. Library 3.1 Approve the purchase of two additional self check machines to supplement the Contract (Purchase Order) with Integrated Technology Group (ITG) in the amount of $37,974.75 to include hardware, software, maintenance and support for 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) C� Attachments 4. Parks and Recreation 4.1 Approve an agreement between American Healthways Services, Inc. (Healthways) and the City of Clearwater (City), allowing the City to become a provider of fitness services and benefits for eligible Medicare Members known as the Silver Sneakers Program and authorize the appropriate officials to execute same. (consent) [� Attachments 4.2 Amend the City of Clearwater Code of Ordinances, Appendix A, Article XI, Parks, Beaches and Recreation, to establish a minimum rate for non-resident fees and provide additional criteria to establish the class of city residents and pass Ordinance 8246-11 on first reading. [� Attachments 4.3 Approve a partnership and operational support agreement between the City of Clearwater and Clearwater Lady Bombers (Club), to provide for youth programs by operating the day to day operations and maintenance of the Marymont Field located at 1900 Gilbert Street, from March 4, 2011 to March 3, 2012 with the option for 5 additional one-year terms, and authorize the appropriate officials to execute same. (consent) [� Attachments 4.4 Approve an Agreement between the American Red Cross and the City of Clearwater to provide training in first aid care, emergency response, swim instruction and lifeguarding for City employees and authorize the appropriate officials to execute same. (consent) [� Attachments 5. Solid Waste/General Support Services 5.1 Award a contract (Purchase Order) for $145,997.00 to LDV, Inc. of Burlington, WI for one LDV Model LABMCC163185-10 Traffic Homicide Investigation Vehicle and authorize the appropriate officials to execute same. (consent) � Attachments 6. Engineering 6.1 Approve a Work Order to Engineer of Record Reiss Engineering Inc. for Stormwater Modifications to Town Pond in the amount of $294,569. (consent) [� Attachments 7. Official Records and Legislative Services 7.1 Appoint one member to the Marine Advisory Board with term to expire March 31, 2015. � Attachments 8. Legal 8.1 Adopt Ordinance 8243-11 on second reading, rescinding Ordinances 8203-10, 8204-10, and 8205-10. � Attachments 8.2 Adopt Ordinance 8240-11 on second reading, annexing certain real property whose post office address is 2270 Landmark Drive, together with abutting right-of-way on the north side of the subject parcel and the right-of-way of Landmark Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. � Attachments 8.3 Adopt Ordinance 8241-11 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 2270 Landmark Drive, together with abutting right-of-way on the north side of the subject parcel and the right-of-way of Landmark Drive, upon annexation into the City of Clearwater, as Recreation/Open Space (R/OS). � Attachments 8.4 Adopt Ordinance 8242-11 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2270 Landmark Drive, together with abutting right-of-way on the north side of the subject parcel and the right-of-way of Landmark Drive, upon annexation into the City of Clearwater, as Open Space/Recreation (OS/R). � Attachments 9. City Manager Verbal Reports 9.1 City Manager Verbal Reports � Attachments 10. Council Discussion Items 10.1 Advisory Board Requirements - Councilmember Gibson [� Attachments 10.2 Progress Energy/Island Estates Undergrounding of Utilities [� Attachments 10.3 Business Forum - Mayor Hibbard � Attachments 10.4 Zipline for Sand Key - Dev Pathik, Founder and CEO Clearwater Canopy Tours [� Attachments 10.5 MPO/PPC Update - Councilmember Cretekos � Attachments 11. Closing Comments by Mayor 12. Adjourn 13. Presentation(s) for Council Meeting 13.1 National Sleep Awareness Week Proclamation (March 7-13, 2011) Marietta Bibbs, Manager of Sleep Disorders Center at Mortan Plant Mease [� Attachments 13.2 Clean Marine presentation for the Clearwater Harbor Marina - Bill Morris, Dir. Marine and Aviation � Attachments Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:2/28/2011 Award a contract (blanket purchase order) for gas meters and regulators to Elster American Meter in the amount of $453,000 for the period April 1, 2011 to March 31, 2012, and authorize the appropriate officials to execute same. (consent) SUMMARY: Elster American Meter was the lowest responsive and responsible bidder, who met the specifications for Bid 10-11. Thf meters purchased will be used for new customers as well as replacing existing meters that have reached the end of their useful life. There were two other bidders, M. T. Deason Company and Equipment Controls Company. Both of these companies' bids were not accepted because the bids did not meet the specifications or were incomplete. Funding is available in Gas Meter Change-out Pinellas 315-96367 and Gas Meter Change-out Pasco 315-96379 in the Clearwater Gas System Budget. Material is code approved and the meters and regulators will be used on the Clearwater Gas System Distribution System. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 423-00000-141170-000- 000-0000 453,000 453,000 10/1/2010 to 9/30/2011 Amount 453,000 Annual Operating Cost: 453,000 Total Cost: Appropriation Comment Meter inventory 453,000 Bid Required?: Yes Bid Number: 10-11 Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Lega14) Clerk 5) Assistant City Man��r�r� Clerk 7) City ApprovaL• Manager 8) Clerk Item # 1 � � � � n c� { � � } --F � f � � O � � ""k1 ifi �i � :il �7 � ;t7 � 1 � G'Y � • `c�*s- Q�.. C� (,Y 7 ?� E:7 c� rn n`a° � C� c,� r.. �' � C� � ��,�v �� ,.� V. C - t�C�Qr� z ^n i-r� _. � ti C'rii A W�. 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L� L.a i�5 C'.� � � N � . ,C"., ,_ t,.'. u�' {::� C� CS N �� C7 �' �3 �-" wj i' [�� " '�: J r.,l C3 tT� c,k Sa E� --> ;rY C='. C"J � Ui C�� c'�i ;� £:'7 C7 �. � I=.3 �ti '� �'7 y � I4n V, �rtr 1n as [n t.'s F.�3 &� tFr '� n �`l � �� (I� f� v k� m` � u? n� ct� � c� c� Cp U � � � � � � � ca � �,` !,, f �-"�+ r n� � I� J . ` �;, � ��`• ?� � Gry �.�7r .n C 4�5 C[7 L� G] � S� � Cf1 `j .:: , "-7 � 1_"n'.{: f3,. C7 t c3 � c3 c� � u C� C.7 C] r? � C:7 �' �<a �.r ia�. =a �� t-, c� �� ' c� ca �y. F� ' - ti� :='S C'i� C-y � _ Item # 1 ��' Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:2/28/2011 Authorize the renewal of a contract with MHNet of Florida for employee and retiree Employee Assistance Program and Mental Health/Substance Abuse benefits, from January 1, 2011 to December 31, 2011, and authorize the funding of a purchase order in the amount not to exceed $167,000 for the payment of associated premiums. (consent) SUMMARY: The contract with the City's Employee Assistance Program provider, MHNet of Florida, expired on December 31, 2010, with an automatic renewal for another period of three years. However, due to changes in coverage, the parties wish to revise the agreement at this time. For this renewal period, unlike plan year 2010, MHNet will be the City's sole provider of inental healtl�/substance abuse benefits, as the City's medical insurance plans with CIGNA now allow for the benefit to be carved out. MHNet will also be required in accordance with the Mental Health Parity Act to ensure the mental health benefits are equal to or better than similar benefits offered under the City's medical plan currently in effect. This will necessitate MHNet adding autism coverage and eliminating all benefit maximum-dollar expenditure limits under the new contract. These changes will result in an increase of approximately 3�Io in the per-member per-month premium for plan year 20ll. This will be the first rate increase requested by MHNet (formerly Bradman-Unipsych) since they acquired the city account in 2001. Actual cost for City EAP services in plan year 2010 totaled approximately $162,000. Based on 2010 enrollment, a 3% increase in total premiums for all full-time employees, part-time employees, retirees and COBRA participants will amount to approximately $167,000 for 20ll. The premiums are rolled into the total premiums for each of the City's medical insurance plan options, resulting in the City's share of the cost being allocated in accordance with the current subsidy percentages established for each of those plans, i.e., 100% of the Base plan cost for the employee-only, 75% of the Base plan cost for the employee-plus-one- dependent, and 68�Io of the Base plan cost for the employee-plus-family. Based on current enrollments, the City subsidizes approximately 7$% of the overall medical insurance cost. This would translate to approximately $130,260 of the total premium for the proposed MHNet renewal, to be funded from the City's Central Insurance Fund, while the remainder would be obtained through employee premium payroll deductions. 2010 City cost based on current enrollment = approximately $126,360 20ll City cost based on current enrollment = approximately $130,260 Increase amount = approximately $3,900 Appropriation Code Amount Appropriation Comment 0-590-07000-545601-519-000-0000 $167,000 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 # 2 Attachment number 1 Page 1 of 13 SERVICE AGREEMENT BETWEEN CITY OF CLEARWATER AND MHNET SPECIALTY SERVICES, LLC THIS AGREEMENT, effective January 1, 20ll (`Bffective Date"), is by and between MHNet Specialty Services, LLC ("MHNet") and City of Clearwater (`Bmployer"), for the purpose of setting forth the terms and conditions under which MHNet shall provide and/or arrange for the provision of certain mental health and substance abuse services and an employee assistance program (`BAP"), if so elected by Employer as evidenced by an EAP Addendum to this Agreement, to individuals covered by Benefit Plans sponsored or issued by Employer. For services rendered on or after its Effective Date, this Agreement supersedes and replaces any existing agreements between the parties relating to the same subject matter. SECTION 1: DEFINITIONS 1.1 A�reement: This Service Agreement and its addenda. 1.2 Benefit Plan: An Employer's employee health benefit plan which includes coverage for mental health and substance abuse services and contains the terms and conditions of a Covered Person's coverage. 1.3 Covered Person: An active employee of Employer or an Employer subsidiary, retiree, or their eligible dependent who is properly enrolled in an eligible Benefit Plan, under the terms of the Benefit Plan. 1.4 Covered Service: All of the mental health and substance abuse health care services and supplies covered under the Covered Person's Benefit Plan, unless specifically excluded in the MHCD Addendum. 1.5 EAP Addendum: The addendum identifying the scope of services of the employee assistance program administered by MHNet hereunder and the specific terms and conditions for the provision of such program, and any of its addenda or exhibits. 1.6 Enrollee: An individual who is an active employee or retiree of Employer, an active employee or retiree of a subsidiary of Employer, or their eligible dependent who is eligible to utilize EAP services. 1.7 MHCD: MHCD shall stand for Mental Health/Chemical Dependency. 1.8 MHCD Addendum: The addendum identifying the scope of services of the mental health and substance abuse services administered by MHNet hereunder and the specific terms City of Clearwater Confidential and Proprietary 1/6/11 EAP/MHCD Service Agreement 1 Item # 2 Attachment number 1 Page 2 of 13 and conditions for the provision of inental health and substance abuse services covered by the Benefit Plan, and any of its addenda or exhibits. 1.9 MHNet Provider: A physician, facility or other health care provider, duly licensed and/or qualified under the laws of the jurisdiction in which Covered Services are rendered that has entered into an agreement with MHNet for the provision of Covered Services to Covered Persons pursuant to this Agreement (including those providers credentialed by an affiliate of MHNet now or in the future pursuant to this Agreement). SECTION 2: TERM AND TERMINATION 2.1 This Agreement shall commence as of the Effective Date and shall continue for a term of one (1) year ("Initial Term"), after which this Agreement shall be renewed automatically for subsequent one (1) year periods ("Subsequent Terms"). 2.2 Termination for Cause: In the event of a material breach, the non-breaching party may terminate this Agreement upon providing thirty (30) days prior written notice to the breaching party. The party claiming the right to terminate hereunder shall set forth in the notice the facts underlying the claim that the other party is in breach of this Agreement. If such breach is remedied within thirty (30) days of receipt of such notice, this Agreement shall continue in effect for the remainder of the term. Material breach includes but is not limited to failure by either party to perform in whole or in part an affirmative obligation to the other party under this Agreement. 2.3 Termination for Insolvencv: This Agreement and/or its addenda may be terminated if either party is adjudged bankrupt, becomes insolvent, has a receiver of its assets or property appointed, makes a general assignment for the benefit of creditors, or institutes or causes to be instituted any procedure for reorganization or rearrangement of its affairs. 2.4 Scope of Termination: Termination of this Agreement shall automatically terminate the services provided under all addenda, however, termination of services provided by only one addendum does not terminate this Agreement or the remaining addendum/addenda. 2.5 Termination without Cause: After the Initial Term of this Agreement, either party may initiate termination and terminate this Agreement and/or its addenda, without cause, by providing the other party with ninety (90) days written notice. In the event of termination of this Agreement, MHNet shall have no further duty, obligation or responsibility under this Agreement after the termination date other than as specified herein. 2.6 Termination for Nonpavment: Should MHNet not receive payment for services as outlined in this Agreement or its addenda, MHNet shall have the option to terminate this Agreement. 2.7 Notice to Enrollees and Covered Persons: Under no circumstances will MHNet be obligated to notify any Covered Person or Enrollee (collectively "Participants") City of Clearwater Confidential and Proprietary 1/6/11 EAP/MHCD Service Agreement 2 Item # 2 Attachment number 1 Page 3 of 13 receiving services administered under this Agreement of the termination of or transfer of services rendered under this Agreement. 2.8 Cancellation by OIR; Statutory Notice. This Agreement shall be canceled immediately upon issuance of an order by Florida Department of Financial Services, Office of Insurance Regulation ("OIR") pursuant to Section 641.234 of the Florida Statutes. In addition to any and all other notice requirements set forth in this Agreement, the parties shall and MHNet shall require all MHNet Providers to provide sixty (60) days advance written notice to OIR and Florida Agency for Health Care Administration ("AHCA") in accordance with Florida law prior to such party terminating or canceling this Agreement or any MHNet Provider Agreement, as applicable, for any reason. The nonpayment for goods and services rendered by MHNet or an MHNet Provider to Covered Persons shall not be a valid reason for avoiding the sixty (60) day advance written notice of cancellation. Such notice shall be addressed and mailed to OIR and AHCA. SECTION 3: COMPENSATION AND BILLING 3.1 MHNet shall be compensated for all services rendered under this Agreement in accordance with the fees specified in the specific service addenda, and this Agreement is subject to the terms and conditions set forth therein. Payment for services will be made monthly to MHNet. 3.2 Employer is required to furnish to MHNet, at the commencement of the Initial Term or any Subsequent Term, the number of employees designated by the Employer as eligible to receive services under the Agreement. Employer shall update and provide such information to MHNet on a monthly basis 3.3 All fees due MHNet are payable in accordance with the Florida Prompt Payment Act, F.S. Secs. 255.0705-255.078. All disbursements made to MHNet shall include the MHNet invoice number. Any fees unpaid after thirty (30) days are subject to late payment charges equal to one percent (1%) per month of the unpaid balance. In the event of non-payment, MHNet reserves the right to use all means available under applicable law to enforce payment. 3.4 If Employer disputes any fees contained in such invoice, or portion thereof, Employer must, within fifteen (15) days of receipt of the invoice, deliver written notice to MHNet detailing the specific facts and circumstances of the dispute along with payment for the undisputed amount. Employer shall also designate a primary contact responsible for handling the dispute regarding fees on behalf of Employer. 3.5 If payment of any amount remains outstanding after thirty (30) days, MHNet will notify Employer in writing of such outstanding balance and MHNet, at its sole option, may: 3.5.1 Terminate this Agreement pursuant to Section 2.6 and immediately cease all related services thereunder; or City of Clearwater Confidential and Proprietary 1/6/11 EAP/MHCD Service Agreement 3 Item # 2 Attachment number 1 Page 4 of 13 3.5.2 Immediately suspend all services until the outstanding balance is paid in full. 3.53 Continue to provide services, and apply a late payment charge as specified in section 3.3, above. 3.6 For each Subsequent Term of this Agreement, where the payment terms in the addenda do not identify rate increase specifications, MHNet shall have the right to modify the service fees identified in the addenda after giving Employer thirty (30) days written notice of the fee modification prior to the anniversary date. Employer may reject such modification by giving MHNet written notice within ten (10) days of Employer's receipt of such modification notice; otherwise the noticed pricing modification shall remain in effect until further modification, if any. Notice of rejection of a pricing modification by Employer shall operate to terminate the Agreement at the end of the Initial Term or any Subsequent Term, absent a written agreement between the parties to continue services. SECTION 4: COVERED PERSON HOLD HARMLESS 4.1 Covered Person Hold Harmless. MHNet shall not and shall ensure that MHNet Providers do not in any event, including, but not limited to, nonpayment by Employer or Employer's insolvency or breach of the Agreement, bill, charge, collect a deposit from, seek compensation, remuneration or reimbursement from, or have any recourse against a Covered Person or persons other than Employer acting on their behalf, for Covered Services rendered under this Agreement. For purposes of this section, services rendered under the Agreement include those Covered Services delivered to Covered Persons by any and all health care professionals employed by or independently contracted with MHNet or an MHNet Provider. This section shall not prohibit collection of copayments, coinsurance, or deductibles in accordance with the Covered Person's Benefit Plan. Additionally, neither MHNet, any MHNet Provider, nor any representative of MHNet or an MHNet Provider, shall collect or attempt to collect money from, maintain any action at law against, or report to a credit agency a Covered Person for payment of a claim for a Covered Service for which Employer is liable if MHNet or the MHNet Provider, in good faith knows or should know, that Employer is liable in accordance with Florida law. This prohibition applies during the pendency of any claims submitted by MHNet or an MHNet Provider to Employer for payment of the Covered Services and any legal proceedings or dispute resolution process to determine whether Employer is liable for the Covered Services, if MHNet or the MHNet Provider is informed that such proceedings are taking place. SECTION 5: DISPUTE RESOLUTION 5.1 MHNet and Employer shall adhere to the following internal escalation procedures, especially with regard to any notice of material breach as referred to under Section 2 of City of Clearwater Confidential and Proprietary 1/6/11 EAP/MHCD Service Agreement 4 Item # 2 Attachment number 1 Page 5 of 13 the Service Agreement, in order to expeditiously resolve any problems arising while this Service Agreement is in effect. 5.1.1 One individual, or a selected alternative, from each party will be designated and will attempt to resolve the problem. 5.1.2 If a resolution is not reached between these authorized individuals within five (5) days after referral to them of a problem, the dispute shall be escalated to Executive Review as specified below. Executive Review shall be conducted as follows: Within fifteen (15) days of the escalation of the dispute to Executive Review, an executive level employee of each party shall be designated by the party to meet with his/her counterpart to attempt to settle the dispute. If said executives are unable to resolve the dispute within ten (10) days of their meeting, the dispute shall be escalated to a second level of Executive Review, at the Chief Executive Officer level (or their designee) within MHNet and Employer who shall meet to attempt to settle the dispute. SECTION 6: GENERAL PROVISIONS 6.1 Insurance 6.1.1 Insurance Rec�uirements. Prior to commencement of services under this Agreement, MHNet shall obtain and maintain without interruption until completion of all services required under this Agreement, the insurance as outlined below. MHNet agrees to furnish a fully completed certificate of insurance naming Employer and its members, officers, employees, and agents as additional insured on the General Liability insurance, signed by an authorized representative of the insurer providing such insurance coverages. The insurance coverages and limits shall meet, at a minimum, the following requirements: 6.1.2 Workers' Compensation/Emplover's Liabilitv Insurance. Such insurance shall be no more restrictive than that provided by the Standard Workers' Compensation Policy, as filed for use in Florida by the National Board on Compensation Insurance, without restrictive endorsements. The minimum amount of coverage (inclusive of any amount provided by an umbrella or excess policy) shall be: Part One: "Statutory" Part Two: $ 1,000,000 Each Accident $ 1,000,000 Disease - Policy Limit $ 1,000,000 Disease - Each Employee 6.13 General Liabilitv Insurance. Such insurance shall be no more restrictive than that provided by the most recent version of standard Commercial General Liability Form (ISO Form CG 00 O1) as filed for use in the State of Florida without any restrictive endorsements other than those required by ISO or the State of Florida City of Clearwater Confidential and Proprietary 1/6/11 EAP/MHCD Service Agreement 5 Item # 2 Attachment number 1 Page 6 of 13 those described below. The coverage may include restrictive endorsements which exclude coverage for liability arising out of: • Mold, fungus, or bacteria • Terrorism • Sexual Molestation The minimum limits (inclusive of amounts provided by an umbrella or excess policy) shall be: $ 2,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 1,000,000 Personal and Advertising Injury $ 1,000,000 Each Occurrence Employer and its members, officers, employees, and agents shall be included as an additional insured on a form no more restrictive than the most recent version of ISO Form CG 20 10 (Additional Insured - Owners, Lessees, or Contractors). 6.1.4 Professional Liabilitv Insurance. Such insurance shall cover MHNet for those sources of liability arising out of the rendering or failure to render professional services in the performance of the services required in the Agreement. Coverage must either be on an occurrence basis; or, if on a claims-made basis, the coverage must respond to all claims reported within two years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be: $ 3,000,000 Each Claim/Annual Aggregate 6.1.5 MHNet's Insurance Primarv and Non-Contributory. The insurance provided by MHNet shall apply on a primary basis to, and shall not require contribution from, any other insurance or self-insurance maintained by Employer or its members, officers, employees, and agents. Any insurance, or self-insurance, maintained by Employer shall be excess of, and shall not contribute with, the insurance provided by MHNet. 6.1.6 MHNet's Insurance as Additional Remedv. Compliance with these insurance requirements shall not limit the liability of MHNet. Any remedy provided to Employer by the insurance provided by MHNet shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of MHNet) available to Employer under this Agreement or otherwise. City of Clearwater Confidential and Proprietary 1/6/11 EAP/MHCD Service Agreement 6 Item # 2 Attachment number 1 Page 7 of 13 6.1.7 No Waiver by Employer Approval/Disapproval. Neither approval nor failure to disapprove insurance furnished by MHNet shall relieve MHNet from responsibility to provide insurance as required by this Agreement. 6.2 Indemnification: 6.2.1 MHNet shall indemnify and hold Employer harmless for any and all judgments, liabilities, defense costs, and court costs which arise out of MHNet's actions or inactions which have been found by a court of competent jurisdiction to be negligent, reckless, or unlawful, that Employer incurs or pays in connection therewith, except that MHNet shall not be required to reimburse Employer for such amounts if the court rendering the judgment or the agency making the award determines that the liability underlying the judgment or award was caused by the negligence, recklessness, fraud or criminal conduct of Employer, its agents, employees, officers or directors. 6.2.2 Employer shall indemnify and hold MHNet harmless for any and all judgments, liabilities, defense costs, and court costs, which arise out of Employer's actions or inactions which have been found by a court of competent jurisdiction to be negligent, reckless, or unlawful, that MHNet incurs or pays in connection therewith, except that Employer shall not be required to reimburse MHNet for such amounts if the court rendering the judgment or the agency making the award determines that the liability underlying the judgment or award was caused by the negligence, recklessness, fraud or criminal conduct of MHNet, its agents, employees, officers or directors. Provided, however, that regardless of whether any such obligations are based on tort, contract, statute, strict liability, negligence, product liability or otherwise, the obligations of Employer under this indemnification provision shall be limited in the same manner that would have applied if such obligations were based on , or arose out of, an action at law to recover damages in tort and were subject to section 768.28, Florida Statutes. 6.2.3 Each party hereto shall be responsible at its own expense for defending itself in any litigation brought against it arising out of any activities engaged in connection with this Agreement whether or not the other party hereto is also a defendant. Each party agrees to provide to the other party information in its possession which is essential to the other party's defense in such litigation. 6.2.4 Neither party shall be liable directly or indirectly for the negligence or willful acts or omissions of any MHNet Provider, other treating provider, or independent contractor utilized to provide services covered by this Agreement or its addenda. 6.2.5 Employer shall maintain complete, legible, accurate records, including specifically, the number of eligible employees. MHNet shall have the right, through its designated representatives as may be agreed upon by the parties, to examine and audit, at such reasonable times, all such records and such other City of Clearwater Confidential and Proprietary 1/6/11 EAP/MHCD Service Agreement 7 Item # 2 Attachment number 1 Page 8 of 13 records and accounts as may contain information bearing upon MHNet's entitlement to payment hereunder, based upon the number of Participants. 6.2.6 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 Employer'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. 6.3 Assi ng ment: This Agreement shall not be assigned without the mutual written consent of both parties, except that Employer has the unlimited right to add Plans as anticipated by this Agreement and Employer may assign this Agreement to an entity that is controlled by, controls or is under common control with, or an affiliate of Employer, and MHNet may assign this Agreement to an entity that is controlled by, controls or is under common control with, or an affiliate of MHNet. 6.4 Enforceabilitv and Waiver: The invalidity and non-enforceability of any term or provision of this Agreement shall in no way affect the validity or enforceability of any other term or provision. The waiver by either party of a breach or violation of any provision of this Agreement or its addenda shall not operate as or be construed as a waiver of any subsequent breach thereof, or of any other provision of the Agreement. 6.5 Com�liance with A�licable Law: The parties shall perform their respective obligations under this Agreement in accordance with all applicable federal, state and local laws and shall cooperate with each other as reasonably required to assist each other in such compliance. 6.6 Relationship of Parties: None of the provisions of this Agreement or its addenda is intended nor shall be deemed to create any relationship between the parties hereto other than that of independent entities contracting with each other solely for the purpose of effecting the provisions of this Agreement. Neither of the parties hereto, nor any of their respective agents and employees, shall be contrived to be the agent, representative or joint venture of the other. This Agreement is between MHNet and Employer and does not create any third party rights for any other party. Covered Persons are third party beneficiaries of this contract but only with respect to Section 4 of this Agreement. 6.7 Confidentialitv; Ownershi�: 6.7.1 MHNet shall own all trademarks, service marks and copyrighted data, documents and software generated by it in the performance of services under this Agreement; shall have the right to retain copies of any documents provided by Employer; and, subject to the confidentiality constraints hereinafter specified, shall have the further right to use any data and documents provided by Employer in the course of performing its duties and obligations hereunder. Upon termination of this City of Clearwater Confidential and Proprietary 1/6/11 EAP/MHCD Service Agreement 8 Item # 2 Attachment number 1 Page 9 of 13 Agreement, Employer shall be entitled to such information in MHNet's possession as may be reasonably necessary to assure the continuity of care for any Participant currently receiving Covered Services or EAP services. 6.7.2 Employer and MHNet acknowledge that the medical, financial and personal information collected and reviewed in connection with the subject is confidential to the Enrollee, and therefore shall be used only in connection with the payment and administration of services under the Employer's EAP program or Benefit Plan, and will not be otherwise released, disclosed or published by Employer or by MHNet except as permitted under this Agreement, the Health Insurance Portability and Accountability Act (HIPAA), or as required by law. Both Employer and MHNet will maintain and adhere to a written policy and procedure designed to protect the confidentiality of such information. Employer and MHNet agree that only employees and agents with a business need-to-know will have access to such information, and that any disclosure or re-disclosure of the information will be strictly for the reasons set forth in this Agreement or in accordance with a proper authorization or consent. Employer and MHNet shall enter into such supplemental agreements as may be necessary to comply with the requirements of HIPAA privacy requirements. 6.7.3 Employer agrees to submit to MHNet all advertising, sales promotions, press releases, and other marketing materials relating to the services performed by MHNet under this Agreement wherein the name or marks of MHNet are mentioned; and Employer further agrees not to publish or use such advertising, sales promotions, press releases, or marketing materials without MHNet's express prior written approval. 6.8 Entire Contract: This Agreement together with all addenda and attachments contains all the terms and conditions agreed upon by the parties and supersedes all other agreements, expressed or implied, regarding the subject matter and supersedes any prior oral understandings Employer may have had with respect to MHNet's services. All addenda to this contract are hereby incorporated into this Agreement. 6.9 Amendment: Any amendments to this Agreement must be in writing and executed by MHNet and Employer. 6.10 Re�resentations: Employer certifies that the individual executing this Agreement is legally authorized to bind Employer to the duties and obligations contained herein and by virtue of its execution, Employer certifies that as of the date hereof it is financially solvent and able to perform all of its obligations under this Agreement. Likewise, MHNet certifies that the individual executing this Agreement is legally authorized to bind MHNet to the duties and obligations contained herein and by virtue of its execution, MHNet certifies that as of the date hereof it is financially solvent and able to perform all of its obligations under this Agreement. City of Clearwater Confidential and Proprietary 1/6/11 EAP/MHCD Service Agreement 9 Item # 2 Attachment number 1 Page 10 of 13 6.11 Ca�tions and Headin�s: Captions and headings throughout this Agreement are for convenience and reference only and shall not be construed to be part of the binding provisions of this Agreement. 6.12 Severabilitv: If any clause, sentence, provision or other portion of this Agreement or attached addenda is or becomes, illegal, null and void, or unenforceable for any reason, or is held by a court of competent jurisdiction to be so the remainder of this Agreement and attached addenda shall remain in full force and effect. 6.13 Successors and Assignees: This Agreement shall be binding upon the heirs, executors, administrators, successors or other legal representatives of both parties. 6.14 Governin� Law/Venue: The validity and interpretation of this Agreement and the rights and obligations of the parties under this Agreement shall be governed by the laws of the State of Florida. The venue for any action arising out of this Agreement shall be in Pinellas County, Florida. 6.15 Restrictive Covenant: During the Term of the Agreement and for a period of two (2) years thereafter, the Employer shall not solicit nor hire any of MHNet's employees or affiliate providers for internal counseling positions. 6.16 Access to information; Obtainin� Authorizations: Employer shall grant MHNet access to all pertinent documents and information, including medical and personal data within Employer's authority and control pertaining to the subject Participants, general statistical or summary data, and coverage descriptions or Benefit Plan documents reasonably required by MHNet pursuant to its performance of the requested service. Employer will reasonably assist MHNet in obtaining from the Participants his or her consent, in proper form, to review medical and other relevant records where required, or, where feasible, Employer will obtain such consent for MHNet. 6.17 Privileged Information: The Employer, its employees, agents, and contractors, recognize that the programs developed by MHNet are of a proprietary nature and they, therefore, covenant to maintain confidentiality of operational procedures, records, data, statistics, financial information, referral resources, marketing copy, reports and similar information pertaining to the programs and under no circumstances reveal or provide any third person access to such information without the prior written approval of MHNet, and subject to Florida Public Records laws. This provision shall survive termination of this Agreement. 6.18 Notice: Unless specified differently in an addendum, any notice required to be given hereunder, including notices required under bankruptcy, shall be in writing and forwarded by (i) facsimile transmission, (ii) certified or registered United States mail, postage prepaid, return receipt requested, or (iii) nationally recognized overnight delivery service, and shall be effective upon receipt by the named individual(s) set forth below. If to MHNet: City of Clearwater Confidential and Proprietary 1/6/11 EAP/MHCD Service Agreement 10 Item # 2 Attachment number 1 Page 11 of 13 MHNet Specialty Services, LLC P. O. Box 209010 Austin, TX 78720 Fax #: (512) 347-1810 ATTENTION: President If to City of Clearwater: City of Clearwater P.O. Box 4748 Clearwater, FL 33758 Fax #: (727) 562-4877 ATTENTION: Human Resources City of Clearwater Confidential and Proprietary 1/6/11 EAP/MHCD Service Agreement 11 Item # 2 Attachment number 1 Page 12 of 13 IN WITNESS HEREOF, the parties hereto have hereunto set their hands and seals to this Agreement. Signed, sealed and delivered in the presence of: ATTEST: Secretary (FPUA Seal) CONTRACTOR: MHNet Specialty Services, LLC Name of Firm (Typed or Printed) APPROVED AS TO FORM & CORRECTNESS: BY: Signature/Officer of Firm (Manual) Kevin J. Middleton, Psv.D. Name (Typed or Printed) TITLE: Chief O�erating Officer STATE OF: Texas COiTNTY OF: Travis The foregoing instrument was acknowledged before me this day of , 20_, by Kevin J. Middleton, Psv.D. , Chief O�erating Officer , of MHNet S�ecialtv Services, LLC Officer of Firm Title Name of Firm a Marvland corporation, on behalf of the corporation. State He/She is personally known to me or has produced identification. Notary Public My commission expires: City of Clearwater Confidential and Proprietary EAP/MHCD Service Agreement as 1/6/11 12 Item # 2 Countersigned: Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney : Attest: Attachment number 1 Page 13 of 13 CITY OF CLEARWATER, FLORIDA William B. Horne II City Manager Rosemarie Call City Clerk City of Clearwater Confidential and Proprietary 1/6/11 EAP/MHCD Service Agreement 13 Item # 2 Attachment number 2 Page 1 of 22 MENTAL HEALTH/CHEMICAL DEPENDENCY ADMINISTRATIVE SERVICES ADDENDUM This Mental Health/Chemical Dependency Administrative Services Addendum ("MHCD Addendum") is attached to and made a part of the Service Agreement Between City of Clearwater (`Bmployer") and MHNet Specialty Services, LLC ("MHNet"), effective January 1, 20ll ("Agreement") and is effective as of the Effective Date of the Agreement. The capitalized terms used in this MHCD Addendum shall have the meaning set forth herein or elsewhere in the Agreement or in another attachment to the Agreement. RECITALS WHEREAS MHNet has the capabilities to provide and/or arrange for the provision of certain mental health and substance abuse services to Covered Persons; and WHEREAS, Employer wishes to sub-contract to or hereby designate MHNet as the administrator of the mental health/chemical dependency benefits offered by Employer through or in conjunction with a licensed Insurance Company; and WHEREAS, Employer wishes to utilize these services offered by MHNet in conjunction with its benefits plans and policies, and for Covered Persons; NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound, the parties hereto agree as follows: SECTION 1: DEFINITIONS 1.1 Acute Psychiatric Hospital: A facility duly licensed as an acute psychiatric hospital having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff which provides 24-hour inpatient care for mentally disordered, incompetent, or other patients and which provides the following basic services: medical, nursing, rehabilitative, pharmacy, and dietary services. 1.2 Behavioral Health Services: Services, supplies and/or accommodations provided by a Provider in a Practitioner's office, a Covered Person's home, a Facility, or at the scene of an accident, which services, supplies and/or accommodations are generally recognized as appropriate for diagnostic or therapeutic purposed in the treatment of Mental Illness or Chemical Dependency. Behavioral Health Services include, but are not limited to, the following: assessment; diagnosis; treatment planning; medication management; individual, family, and group psychotherapy; and psychological testing. 1.3 Case Management Services: MHNet's program by which MHNet determines under written standards whether supplies, service and/or accommodations proposed in a City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 1 Item # 2 Attachment number 2 Page 2 of 22 treatment plan prepared by a Practitioner meet written criteria for medical necessity, appropriateness and indicated level of care as defined by MHNet. Case Management Services include, but are not limited to the following: pre-certification, prospective, concurrent and retrospective utilization review; discharge planning; and quality assurance activities. 1.4 Chemical Dependency: A condition of psychological and/or physiological dependence or addiction to alcohol or psychoactive drugs or medications, which results in functional (physical, cognitive, mental, affective, social or behavioral) impairment wherein treatment can reasonably be anticipated to result in improvement. 1.5 Chemical Dependency Counselor: A person who is qualified and duly certified as a counselor in the medical treatment of Chemical Dependency by an accredited institution of higher learning. 1.6 Chemical Dependency Treatment Facility: A Facility duly licensed as a Chemical Dependency Treatment Facility that provides 24-hour inpatient care for persons recovering from Chemical Dependency and which provides the following basic services: patient counseling, group therapy, physical conditioning, family therapy, outpatient services, and dietetic services. 1.7 Day Care: Treatment at any Facility that provides non-medical care and supervision to persons with a Mental Illness or Chemical Dependency on a less-than-24-hours per- day basis. 1.8 Day Treatment: No less than three (3) and no more than twelve (12) hours per day of clinical care provided in a non-residential, structured, supervised therapeutic environment that specializes in the treatment of Mental Illness or Chemical Dependency. 1.9 DSM-IV: The fourth edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association ("APA") copyrighted 1994, and as such publication may be updated and /or amended from time to time. 1.10 Facility: Any Hospital, Day Treatment center, Day Care hospital, Chemical Dependency Treatment Facility, or outpatient treatment center duly licensed or certified. 1.11 Home Health Care: Treatment provided at a person's place of residence under orders of a Practitioner to a person who is essentially homebound as a result of a Mental Illness or Chemical Dependency and unable to obtain services on an outpatient basis. City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 2 Item # 2 Attachment number 2 Page 3 of 22 1.12 Hospital: A facility that: A.) Is licensed as a general acute care hospital, is accredited by the Joint Commission on Accreditation of Health Care Organization (JCAHO), and/or is Medicare certified. B.) Provides 24-hour nursing services by registered nurses (RNs) on duty or on-call; and C.) Provides services under the supervision of a staff of one or more Physicians to diagnose and treat ill or injured patients hospitalized for surgical, medical or psychiatric conditions. 1.13 Insurance Company: A health maintenance organization, preferred provider organization, health insurance company, or similar entity that is appropriately licensed and able to design, underwrite, and sell Benefit Plans in the state where Insurance Company offers such Benefit Plans. 1.14 Managed Behavioral Health Services: Administrative service, including but not limited to: provider recruitment, selection, credentialing, re-credentialing, training; quality assurance activities; utilization management activities; claims payment; and the development and implementation of policies and procedures which are necessary to provide comprehensive managed mental health and chemical dependency services to Employer's Covered Persons. 1.15 Medical Director: A licensed Physician certified or eligible for certification by the American Board of Psychiatry and Neurology who has been designated by MHNet to oversee the provision of Case Management Services to Covered Person. 1.16 Mental Illness: A pathological state of mind producing clinically significant psychological symptoms including, but not limited to, affective, cognitive, and behavioral or physiological symptoms (distress) together with impairment in one or more major areas of functioning (disability) wherein treatment can reasonably be anticipated to result in improvement. 1.17 Outpatient Treatment Program: Treatment provided in a non-residential treatment and rehabilitation program including Day Care, Day Treatment, or Partial Hospitalization to a person with a Mental Illness or Chemical Dependency whereby a person receiving treatment does not reside at the location where such program is conducted. A person participates in a treatment program, with or without medication, and receives counseling and supportive services according to a predetermined attendance schedule that includes one or more of the following basic services: A.) Individual Counselin�: Provided between the person and professional or trained paraprofessional counselor on a scheduled, one-to-one basis. City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 3 Item # 2 Attachment number 2 Page 4 of 22 B.) Grou� or Familv Counselin�: Provided in a staffed, structured support group, or where the counseling process involves one or more members of the person's family. C.) Aftercare Services: Provided to a person who has been formally discharged from a Facility or an Outpatient Treatment Program, in order to provide support and encouragement for the person as needed. 1.18 Partial Hospitalization: No less than three (3) and no more than twelve (12) hours per day of continuous treatment provided in a Hospital. 1.19 Participating Facility: Any Facility that has entered into a contract with MHNet to provide services to Covered Persons. 1.20 Participating Practitioner: A Practitioner who has entered into a contract with MHNet to provide services to Covered Persons. 1.21 Participating Provider: A Participating Practitioner or Participating Facility. 1.22 Payor: A"Payor" means entity offering health benefit plan(s) on an insured or administrative service contract (ASO) to its employees and/or employers and who is legally responsible for the payment of service fees to MHNet and /or to fund provider claims under such benefit plan(s). Payor may be either the Employer or Insurance Company. 1.23 Physician: A person who is qualified and duly licensed to practice medicine and surgery who has the degree of Doctor of Medicine (MD) or poctor of Osteopathy (D.O.). 1.24 Plan: A group contract, certificate, policy, plan document or any other legally enforceable instrument and amendments thereto issued or sponsored by Employer under which a Covered Person may be entitled to health services or health service benefits. 1.25 Practitioner: A person who is qualified and duly licensed to practice the healing arts when such an individual is acting within the scope of his/her license or certification. 1.26 Provider: Any Practitioner, Outpatient Treatment Program or Facility who or which is qualified and duly licensed or certified to furnish Covered Services. 1.27 Service Fee: The fees paid by Employer to MHNet for contracted services for each Covered Person per month. City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 4 Item # 2 Attachment number 2 Page 5 of 22 SECTION 2: TERM AND TERMINATION OF AGREEMENT OR TffiS MHCD ADDENDUM 2.1 Term and termination of this MHCD Addendum shall follow Section 2 of the Service Agreement. SECTION 3: SERVICE FEE The Service Fee Schedule is listed in MHCD Attachment A. 3.1 Compensation and Billin� is to be in accordance with Section 3 of the Agreement. 3.2 Service Fee Ad�ustments: In the event that a Covered Person is enrolled hereunder with an effective date on or before the fifteenth (15) day of a month, Payor shall remit to MHNet the full Service Fee for such Covered Person for the month in which the Covered Person is enrolled. In the event that a Covered Person is enrolled hereunder with an effective date after the fifteenth (15) day of the month, no Service Fee is due for such Covered Person for the month in which the Covered Person is enrolled. Covered Persons terminating coverage with an effective date before the 15th of a month shall have no Service Fee due for that month; Covered Persons terminating coverage with an effective date after the 15th will be subject to the full Service Fee. SECTION 4: ELIGIBILITY 4.1 Effective Dates of Coverage: Subject to Payor's payment of the applicable Service Fee for each Covered Person, as set forth in Section 3, and Payor's submission to MHNet prior to the first day of each month a list containing Covered Persons and dependents eligible to receive services under the Benefit Plans and subject to the provisions of this Agreement, persons shall be eligible for Covered Services on the date they become eligible Covered Persons under Employer's Plan, and appropriate notification as required above is received by MHNet. SECTION 5: RESPONSIBILITIES OF PAYOR 5.1 Com�liance with Policies, Procedures, and Inter�retations: Payor shall assist MHNet in the development and compliance with reasonable policies, procedures, and interpretations necessary for the administration of the Agreement. 5.2 ID Cards/Member Information: Employer or Payor will provide Covered Persons with MHNet's telephone number as well as other telephone numbers, delineating whom to call for specific services. MHNet's telephone number will be identified as the number to call for the specific Covered Services to be managed and administered by MHNet. Payor will arrange for the distribution of Covered Persons' identification cards containing a toll-free number Providers may use during normal business hours to check eligibility for coverage and to obtain general coverage information. City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 5 Item # 2 Attachment number 2 Page 6 of 22 5.3 Offering Coverage: Subject to Payor's payment of the applicable Service Fee for each Covered Person as set forth in Section 3, Payor's submission to MHNet prior to the first day of each month of a list containing Covered Persons eligible to receive services, and the provisions of the Agreement, persons shall be eligible for Covered Services on the date they become eligible Covered Persons under the Payor's medical benefits plan. 5.4 Com�ensation of MHNet: Payor shall compensate MHNet in accordance with Section 3 and MHCD Attachment A. 5.5 Interpretation and Pavment of Benefit: Payor shall interpret, be liable for and make all benefit payments under the Employer's Benefit Plans. 5.6 Description of Health Benefits: Payor agrees to provide Benefit Plan documents with descriptions of Covered Services to MHNet. Payor shall ensure that such Benefit Plan documents are in compliance with applicable law and consistent with the description of services set forth in MHCD Attachment B. 5.7 Service Area: Employer agrees to use MHNet as the exclusive provider of all Managed Behavioral Health Services for its Covered Persons. SECTION 6: RESPONSIBILITIES OF MHNET MHNet shall provide the Managed Behavioral Health Services set forth in MHCD Attachment B. 6.1 Written Notice to Covered Persons and Providers: If applicable, MHNet shall provide written notice and correspond with Covered Persons and Providers or their authorized representatives, regarding assessments, medical necessity, referrals and authorizations subject to appropriate written authorization consistent with pre-established procedures and time frames and applicable law for the release of clinical information. MHNet shall provide written notice to Covered Persons and Providers, as to the reasons(s) for denial of benefits for lack of inedical necessity. MHNet shall provide both a standard and expedited appeals process when an appeal is requested. If requested by Employer, MHNet shall provide for a review of denied claims; provided, however, that such review shall be deemed advisory to Employer. 6.2 Medical Director: MHNet shall appoint a Medical Director to oversee the provision of Managed Behavioral Health Services to Covered Persons. 6.3 Record Keep�i�n : MHNet shall establish and maintain a record-keeping system concerning the services to be performed hereunder. All such records shall be the property of MHNet and shall be available for inspection by Employer at any time during normal business hours at the offices of MHNet, upon reasonable prior notice and subject to appropriate written authorization consistent with applicable law for release of clinical information. City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 6 Item # 2 Attachment number 2 Page 7 of 22 6.4 Compliance with Policies, Procedures and Interpretations: MHNet shall assist Employer in the development and compliance with reasonable policies, procedures, and interpretations necessary for the administration of the Agreement. 6.5 Benefit Plan Desi�n and Consultation: MHNet shall provide benefit plan design and consultation when requested by Employer. 6.6 Statistical Re�orts: MHNet shall provide monthly statistical reports regarding the Case Management Service activities within twenty (20) days following the end of each quarter during the term(s) of this Agreement. 6.7 Medical Services: MHNet represents that Participating Providers are contractually obligated to conduct their practices in accordance with the recognized, professional standards of care in the health care community, and that Participating Providers shall not discriminate against Covered Persons in any way, but shall provide them the same availability, service, care and treatment as patients who are not beneficiaries under this Agreement. 6.8 Res�onsibilitv for Care: MHNet acknowledges that MHNet and Employer have no responsibility regarding the admission, treatment and discharge of Covered Persons under a Participating Provider's care and that such matters are solely the responsibility of the Participating Provider in consultation with the Covered Person, notwithstanding any benefit decision made by Employer or on its behalf by way of utilization review, precertification or preauthorization. 6.9 Participatin� Provider Listin�s: MHNet shall provide Employer with a complete listing of all Participating Providers to include name, address, telephone number, and tax identification number (`Provider Information"). MHNet shall provide Participating Providers' name and address information in a format mutually acceptable to both Employer and MHNet. MHNet will provide such Provider Information on a periodic basis as required by Employer. 6.10 Rate Determination: MHNet represents and warrants that the Participating Provider fee schedules prepared by MHNet are the product of discussion with laymen, doctors, business advisors and other individuals in the medical field and insurance business; and that fee schedules are determined by MHNet in its sole and exclusive judgment and not in combination with the health care providers of any particular geographical area. The fee schedules may change from time to time. SECTION 7: GENERAL PROVISIONS 7.1 ERISA: Employer agrees that MHNet should not be identified as or understood to be the "Plan Administrator" or a"Named Fiduciary" of the plan, as those terms are used in ERISA. MHNet shall have no responsibility for the preparation or distribution of the "Plan Document" or "Summary Plan Descriptions", as those terms are used in City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 7 Item # 2 Attachment number 2 Page 8 of 22 ERISA, or for the provision of any notices or for the filing of any reports or information required to be filed in regard to the Benefit Plan. 7.2 Notice: Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing and shall be sent by certified or registered mail, return receipt requested, postage prepaid, at addresses listed in the Agreement. City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 8 Item # 2 Attachment number 2 Page 9 of 22 MHCD ATTACHMENT A SERVICE FEE In consideration of the services described in this Agreement, Payor will pay MHNet the following: PER EMPLOYEE PER MONTH MHCD $6.76 EAP Services $1.39 (See Attached EAP Addendum) Initial Number of Covered Employees, 1,800 Retirees, or Survivors: The Service Fee may be increased for each Subsequent Term, pursuant to Section 3.6 of the Agreement. City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 9 Item # 2 Attachment number 2 Page 10 of 22 MHCD ATTACHMENT B MHNet Managed Behavioral Health Services MHNet will provide access to Participating Provider Network. Inpatient and Outpatient case management and utilization review will be conducted as described below: 1. 24 Hours Access — 24-hour telephonic access to emergency triage and case managers. All emergency behavioral health authorization inquiries and service requests are coordinated through a centralized, telephone system. 2. Pre-certification — Interpretation of benefit limits before hospitalization or outpatient treatment and establishment of treatment plan. During certification review of a recommended/requested hospital admission or outpatient services, a case manager reviews the Covered Person's history and current symptomatology with the Covered Person and/or their family members and/or treating professional, as appropriate within the confines of confidentiality limitations. The case manager determines if the Covered Person's current condition and needs meet the criteria of inedical necessity for benefit coverage. Any denial of certification is always reviewed and authorized by a peer review psychiatrist. When discussing the Covered Person's needs, the case manager informs the Covered Person of the preferred network and offers to refer the Covered Person to a network provider or facility (responsibility for treatment remains with the treating clinician). 3. Concurrent Review — Ongoing interpretation of benefit and treatment plan congruence during hospitalization and outpatient treatment. During treatment, Covered Person's status is monitored by MHNet personnel to determine current congruence with Covered Services. Certification can be made for up to three days at a time for an inpatient and six visits at a time for outpatient. Frequency of monitoring will be determined by the time frame of the certification. 4. Retrospective Review — Interpretation of benefits following emergency service response or hospitalization. When MHNet is notified following an emergency hospitalization, retrospective review will be conducted. In this case, MHNet will request a copy of the intake assessment, psychiatric evaluation and progress notes, to assist in determining whether the Covered Person's condition meets criteria for benefit coverage. Retrospective review of certification should be requested within 24 hours of admission. City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 10 Item # 2 Attachment number 2 Page 11 of 22 Retrospective review is a process to determine the match of Covered Person's condition and treatment plan with Covered Services. Deciding the most appropriate service, type of care, and care environment is always the responsibility of the treating clinician. The Employer always retains the prerogative to exercise treatment options that are not Covered Services. 5. Discharge and Aftercare Planning — Follow-up planning post-hospitalization. Prior to discharge, post-hospitalization treatment plans are coordinated with the clinicians involved. If appropriate, referrals are made to other community agencies or services. 6. Appeals Review — Reviewing contested utilization review decisions. When an initial medical necessity review determination is made not to certify a health care service and an appeal is requested, MHNet will provide standard and expedited appeals processes. 7. Claims Payment — MHNet will reprice claims and make payment to providers on behalf of Employer in accordance with the claims funding arrangements mutually agreeable to Employer and MHNet. SEE EXHIBIT 1 FOR BENEFIT INFORMATION City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 11 Item # 2 Attachment number 2 Page 12 of 22 ATTACHMENT C MHCD SERVICES ADDENDUM The following services and supplies are MHCD Services only to the extent that they are for Medically Necessary Covered Services for mental health and/or substance abuse diagnoses which are identified in the Mental Disorders (290-319) section of the International Classification of Diseases, 9th Revision (ICD-9) and which are not identified in the Exclusions from the MHCD Services Addendum, which have been authorized by MHNet and which are identified as MHNet's financial responsibility in the Cost Allocation Schedule. With the exception of inpatient detoxification, all inpatient services are only for medically stable patients in a psychiatric or substance abuse bed, unless a psychiatric or substance abuse bed is unavailable. All inpatient detoxification services are only for patients who do not have a complicating disorder causing medical instability and requiring placement in an intensive care unit. Psychiatric hospitalization is provided when Medically Necessary for acute conditions which are a Covered Service. MHNet will be responsible for those hospital costs identified in the attached Cost Allocation Schedule. Day Treatment may also be provided and is defined as Treatment that is no less than three (3) hours but no more than twelve (12) hours per day. Detoxification is limited to the acute abuse of or addiction to alcohol, narcotic substances, tranquilizers and/or psychotropic substances which, when withdrawn from, can cause medical complications. When a Covered Person's condition requires treatment for both physical and mental health or chemical dependency problems, see "Exclusions from the MHCD Services Addendum". The Covered Services are subject to the limitations and exclusions in the Benefit Plan. When a Participating Provider that is a psychiatric provider orders medical tests or supplies for a condition not related to a psychiatric or CD diagnosis such as oxygen, physical therapy, computer axial tomography (C.A.T. scans), position photon emission tomography (P.P.E.T. scans), and magnetic resonance imaging (M.R.I.), they will be instructed to obtain authorization from the Insurance Company or medical benefit Plan administrator if no Insurance Company and the patient should be referred to a provider that is in the network of the Insurance Company/medical benefit Plan administrator whenever possible, for the procedure. Payor will be responsible for the cost of the procedure. City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 12 Item # 2 Attachment number 2 Page 13 of 22 DESCRIPTION OF SERVICES INCLUDED SERVICES Emergency Room • Psychiatric consultations only if a mental health problem or chemical dependency is suspected. All other emergency room professionals, technical and facility charges are excluded. Outpatient Mental • Mental health and or substance abuse professional services. Health/Substance Abuse . Psychiatric diagnostic assessment and outpatient treatment including but not limited to individual and group therapy, psychiatric consultations and medication management. • Psychological testing. • Intensive outpatient treatment programs (I.O.P.) • Specialized psychological treatment programs or services. • ECT not including anesthesiology. Partial Hospital Days or • Facility services. Day Treatment • Mental health and/or substance abuse professional services. • All partial hospital treatment or day treatment necessary to prevent full-time hospitalization or to provide transition services to allow early discharge from full-time hospitalization. • Routine diagnostic procedures and services related to the admission diagnosis. Inpatient Mental • Facility services. Health/Substance Abuse • Inpatient treatment programs and services. • Routine diagnostic procedures related to admission diagnosis. • ECT not including anesthesiology. • Inpatient medication related to mental health/substance abuse condition. Inpatient Medical/Surgery • Psychiatric consultations for Covered Persons in medical beds. City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 13 Item # 2 Attachment number 2 Page 14 of 22 EXCLUSIONS FROM MHCD SERVICES ADDENDUM The following do not constitute MHCD Services. Provision of these services shall remain the sole responsibility of Payor to the extent that they are Covered Services under a Covered Person's Benefit Plan. 1. Treatment rendered in connection with illness classified in ICD-9 as delineated in the table below. Provided, however, initial assessment and/or differential diagnosis of the illnesses listed below, and treatment for Covered Persons who have additional diagnoses that can be treated separately from the primary diagnosis shall not be excluded. Disease Category ICD-9 Dementias and Other Organic 290.00 - 290.99, 293.00 - 293.99, 294.00 - 294.99, Disorders 310.00 - 310.99 Pervasive Developmental 299.00 - 299.99 Disorders and Autism Antisocial Personality Disorder 301.70 - 301.79 Sexual Deviations, Disorders and Dysfunctions 302.00 - 302.99 Physiological Malfunction 306.00 - 306.99 Arising from Mental Factors Stammering and Stuttering 307.00 - 307.09 Tics 307.20 - 307.29 Stereotyped Repetitive Movements 307.30 - 30739 Sleep Disorders 307.40 - 307.49 Unspecified Special Symptoms 307.90 - 307.99 Conduct Disorder and Impulse 312.00 - 312.29, 312.30 - 31239, 312.40 - 312.49, Control Disorders 312.80 - 312.89, 312.90 - 312.99 These ICD-9 Codes are Not 312.50 - 312.79 Used Developmental Disorders and 315.00 - 315.99, 317.00 - 319.99 Mental Retardation All "V" Codes 2. Conditions not subject to favorable modification according to generally accepted standards of psychiatric care; provided, however, MHCD Services shall include services that have been established by the psychiatric profession to be effective for the Covered Person's condition. 3. Relationship, marriage, academic and other counseling when not attributable to a mental disorder (e.g., V-Codes). City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 14 Item # 2 Attachment number 2 Page 15 of 22 4. Treatment for pain with physiological origins, unless MHNet determines such pain has psychological or psychosomatic components. 5. Services and treatment provided in connection with or to comply with a court order, involuntary commitments, police detentions and other similar arrangements. 6. Experimental, investigational, controversial or unproven services, treatments, devices, or pharmacological regimens as determined by MHNet including services utilizing methadone treatment, L.A.A.M., Cyclazocine or their equivalents. 7. Services for Covered Persons who are consciously and deliberately non-compliant with MHNet's recommended treatment, when such non-compliance is not a direct result of a psychiatric illness. 8. Assessment services, including psychological testing, that are for educational, vocational, rehabilitational or legal purposes, notwithstanding that the evaluation may have been ordered by a physician. This includes, but is not limited to, the following: a. Child custody evaluations; for example, to assist a court in awarding custody. b. Evaluation of abuse for legal purposes; for example, videotaped interviews of an actual or suspected victim of sexual abuse for use in a legal proceeding. c. Suitability for employment, licensure, etc. d. Learning disability evaluations. e. Attention Deficit/Hyperactivity Disorder evaluation. £ Educational placement planning. g. "Baseline" or other evaluations related to a rehabilitation therapy program for an acquired physical disability. h. Fitness for Duty Evaluations 9. Neuropsychological testing as part of the medical diagnostic process of determining the presence of an organic brain disease or functional deficit. 10. Residential treatment or institutional care. 11. Services specifically for conditions that are not currently included in the ICD-9; for example, "codependency", "sexual addiction", "adult child", "compulsive overeating". 12. Services provided outside mental health treatment units, facilities or outpatient clinics for the following: a. Eating disorders. b. Chronic pain disorders. c. Impulse control disorders. d. AIDS. e. Head injuries. City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 15 Item # 2 Attachment number 2 Page 16 of 22 13. Speech evaluations or therapy. 14. Weight loss treatments. 15. Any service provided outside of a medical emergency room not pre-certified by MHNet. Concurrent Physical and Psychiatric Disorders and Services 1. General Considerations: When a Covered Person is hospitalized, determination of financial responsibility will be based on consideration of: a. The type of treatment unit in which the patient resides. b. The specialty of the physician who has primary responsibility for the Covered Person's care. c. Whether the services in question are generally considered primary or adjunctive. d. The primary diagnosis and cause for the hospitalization. e. Customary standards of treatment for patients with the same primary diagnosis. 2. Psvchiatric services for medical �atient: MHNet will not be responsible for services provided or ordered by the physician responsible for the patient's hospital care, except for psychiatric/psychological consultation for a medical inpatient that is authorized by MHNet. 3. Psvchiatric dia�nosis assi�ned to medical patient: If a Covered Person is admitted for a medical complaint, but the medical evaluation leads to a psychiatric diagnosis, MHNet will not be responsible for the cost of care (except for psychiatric/psychological consultations as described in Section 2 above) up to the point the patient is admitted to an MHNet-authorized treatment facility. MHNet will be responsible for subsequent mental health/chemical dependency care that is pre-authorized by MHNet. 4. Non-�svchiatric services for �svchiatric �atient: MHNet will be responsible only for those non-psychiatric medical services and supplies that are customary for the patient's psychiatric condition. For example, a patient with a primary diagnosis of alcohol dependence is admitted to a detoxification unit and as part of the medical evaluation is determined to also have a liver disorder. The patient received physician and hospital services for the liver disorder while continuing to receive hospital-based detoxification. MHNet would only be responsible for the charges that would normally apply to a patient with the same detoxification on the same unit who did not have a concurrent physical disorder. 5. Medical patient admitted to psvchiatric unit for mana�ement: If a Covered Person is admitted for a medical problem but is placed on a psychiatric unit for behavioral management purposes because of a concurrent psychiatric diagnosis that otherwise would not have required hospitalization, MHNet will not be responsible. In cases where hospital confinement exacerbates the concurrent psychiatric condition and necessitates City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 16 Item # 2 Attachment number 2 Page 17 of 22 transfer to a psychiatric unit, MHNet will be responsible for the psychiatric portion of the charges. 6. Treatment for Dementia and other Organic Disorders: MHNet will be responsible only for psychiatric consultation and adjunctive supportive family therapy. If a dementia patient is hospitalized in a psychiatric unit because of placement issues, behavioral management purposes, or respite care, MHNet will only be responsible for psychiatric professional fees. Out-of-Network Care When a patient receives services from a non-MHNet Provider, MHNet will not be financially responsible, except where MHNet has agreed to pay for Out-of-Network MHCD services. In those cases where MHNet has agreed to pay for Out-of-Network MHCD services, MHNet shall use its fee schedule for professional services and its average per diem for the market for facility charges, or such other amounts as may be required by law or agreed upon by the parties. City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 17 Item # 2 COST ALLOCATION SCHEDULE SERVICES ', Room and Board Charges (Psychiatric) Room and Board (Chemical Dependency Detox) Room and Board Charges (Chemical Dependency Rehabilitation) Room and Board Charges (General Medicine, including hospital-based Professional fees ............................................................................ ).................................................................................................................................................................................................................................................................... Professional services of a psychiatrist, psychologist, social worker, or other mental health counselor (when authorized by MHNet) for a psychiatric condition. Professional services of a psychiatrist, psychologist, social worker, or other mental health counselor (when authorized by MHNet) for chemical dependency detoxification. Professional services of a psychiatrist, psychologist, social worker, or other mental health counselor (when authorized by MHNet) for ..e...._...chemical dependenc�.rehabilitation History & Physical for Psychiatric Hospitalization History & Physical for Chemical Dependency Detoxification History & Physical for Chemical Dependency Rehabilitation Medical Tests: including any associated professional fees: EEG, EKG, CT Scan, MRI X Rays, etc._ _� ._... _. . __..... Drugs: Inpatient drugs (Psychiatric) Inpatient drugs (Non-Psychiatric) (Hospital agrees to obtain PCP authorization) Take home drugs (provided by Hospital) Outpatient drugs Inpatient Psychiatric Laboratory Services excluding any associated professional fees. Limited to the following tests when and only when ordered by an MHNet • Complete Blood Count (CBC) • 20 Item Chemistry (SMA20) • • Thyroid Function Studies (TS-4 & TSH/or profile) .�. . City of Clearwater 1/6/11 MHCD Addendum Confidential and Proprietary : Attachment number 2 Page 18 of 22 FINANCIAL ; RESPONSIBILITY ; MHNet MHNet MHNet Health Plan MHNet MHNet MHNet Health Plan Health Plan Health Plan Health Plan MHNet Health Plan MHNet Health Plan MHNet MHNet MHNet MHNet MHNet Item # 2 COST ALLOCATION SCHEDULE SERVICES • Urinalysis • Urine Drug Screen (UDS) • Drug Levels (Dilantin, Nortriptyline, Antidepressant level & Llthium) __ . _ .... __.... _ _.. _.. _.._ ......... • Folate & B-12 Levels • Blood Alcohol Level Inpatient Substance Abuse Detoxification Laboratory Services excluding any associated professional fees. Limited to the following tests when and only when ordered by an MHNet • Complete Blood Count (CBC) • 20 Item Chemistry (SMA20) • Thyroid Function Studies (TS-4 & TSH/or profile) • RPR __ _ __ _ __ _ _ __ _ __ _ __ _ • Urinalysis • Urine Drug Screen (UDS) • Drug Levels (Dilantin, Nortriptyline, Antidepressant level & Lithium� • Folate & B-12 Levels . . ...� ....... . . ......�... . ... _..... . ...._..... . . .._....._ . . ......._.. . ......._... . . ........... . . ............ . . ........... . . ....�... _.....�... _.....�... _.. _......_.. • Blood Alcohol Level � Inpatient Substance Abuse Rehabilitation , . . . . . . . . .. . . . . . .. . . . . . .. . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Laboratory Services excluding any associated professional fees. Limited to the following tests when and only when ordered by an MHNet • Complete Blood Count (CBC) _...... _... _....... _......... __.... _. • 20 Item Chemistry (SMA20) _...... _... _....... _......... __.... _. • Thyroid Function Studies (TS-4 & TSH/or profile) _...... _... _....... _......... __.... _. • RPR • Urinalysis _... _. __.. • Urine Drug Screen (UDS) City of Clearwater 1/6/11 MHCD Addendum Confidential and Proprietary Attachment number 2 Page 19 of 22 FINANCIAL RESPONSIBILITY MHNet MHNet MHNet MHNet MHNet MHNet MHNet MHNet MHNet MHNet MHNet MHNet MHNet MHNet MHNet MHNet MHNet MHNet MHNet MHNet MHNet MHNet 19 Item # 2 COST ALLOCATION SCHEDULE SERVICES __.... _ _.. _.. _.... • Drug Levels (Dilantin, Nortriptyline, Antidepressant level & Llthium) __ . _ .... __.... _ _.. _.. _.... • Folate & B-12 Levels • Blood Alcohol Level Inpatient Laboratory All other Laboratory services not specifically delineated above and all medical professional fees associated with any inpatient laboratory services. Outpatient Laboratory All outpatient laboratory services Emergency Room Charges Mental health consultations provided in the Emergency Room All other charges, including room charges, laboratory, medical tests, drugs and professional fees, except for mental health consultation services provided by MHNet. Ambulance: Transport to In-Plan Hospital prior to admit Transfer to In-Plan Hospital prior to admit Transfer during In-Plan Hospitalization Miscellaneous: Attachment number 2 Page 20 of 22 FINANCIAL RESPONSIBILITY MHNet MHNet MHNet Health Plan Health Plan Health Plan Health Plan Health Plan Health Plan Health Plan ECT, not including anesthesiology and anesthesia services Health Plan o Physical Therapy Health Plan Occupational Therapy in an inpatient setting Health Plan Recreational Therapy in an inpatient setting MHNet Durable Medical Equipment Health Plan Personal Convenience Items (includes, but not limited to: toothbrush, � toothpaste, shampoo, slippers, feminine napkins, humidifiers, Aqua K- NOT COVERED Units, etc.) ' _ __ __ __ __ _ _ _ _ ° - - - - - - City of Clearwater 1/6/11 MHCD Addendum Confidential and Proprietary 20 Item # 2 Attachment number 2 Page 21 of 22 City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 21 Item # 2 Attachment number 2 Page 22 of 22 EXHIBIT 1 - BENEFIT SUMMARY City of Clearwater Confidential and Proprietary 1/6/11 MHCD Addendum 22 Item # 2 Attachment number 3 Page 1 of 4 EMPLOYEE ASSISTANCE PROGRAM ADDENDUM This Employee Assistance Program Addendum (`BAP Addendum") is attached to and made a part of the Service Agreement between City of Clearwater (`Bmployer") and MHNet Specialty Services, LLC ("MHNet"), effective January 1, 20ll ("Agreement"). This EAP Addendum is effective as of the Effective Date of the Agreement. The capitalized terms used in this EAP Addendum shall have the meaning set forth herein or elsewhere in the Agreement or in another attachment to the Agreement. RECITALS WHEREAS, MHNet has developed an employee assistance program (EAP), designed to assist employers in identifying special needs of employees and providing a mechanism for meeting such needs; and WHEREAS, Employer wishes to utilize these services offered by MHNet for Enrollees; NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound, the parties hereto agree as follows: 1. SCOPE OF SERVICES Employer hereby agrees to retain MHNet and MHNet hereby agrees to provide those certain EAP services set forth herein, on the terms and conditions set forth and as further described below. 2. TERM AND TERMINATION OF AGREEMENT OR TffiS EAP ADDENDUM 2.1 Term and termination of this EAP Addendum shall follow Section 2 of the Service Agreement. 3. COMPENSATION AND BILLING 3.1. MHNet shall be compensated for all services rendered under this Addendum in accordance with the fees specified herein. The fee for EAP services shall be calculated based on the number of employees designated to participate in the EAP as of the commencement of the Initial Term or any Subsequent Term, and as updated by Employer. 3.2 Employer is required to furnish to MHNet, at the commencement of the Initial Term or any Subsequent Term, (i) the number of employees designated by the Employer as eligible to participate in the EAP program, and (ii) information regarding the group medical coverage for which eligible employees may have enrolled through the Employer. Employer shall update and provide such information to MHNet on a monthly basis. City of Clearwater Confidential and Proprietary 1/6/11 EAP Addendum i Item # 2 Attachment number 3 Page 2 of 4 3.3 Compensation and Billing shall follow Section 3 of the Service Agreement. 4. PROGRAM DESCRIPTION, RESPONSIBILITIES OF MHNET 4.1 MHNet hereby agrees to provide confidential problem assessment, referral and short-term counseling services to Enrollees of Employer. These services are designed to assist Enrollees in addressing personal problems in areas including, but not limited to, emotional, retirement, family, career, psychiatric, adoption, marital, legal, drugs and alcohol. 4.2 Assessment, referral and short-term counseling services will be available at offices of MHNet contracted providers in areas where Enrollees are located, or telephonically via a toll-free number for Telephonic EAP service programs. All such services require pre-authorization. When assessment indicates that the problem is covered under the Enrollee's Benefits Plan, MHNet will refer such Enrollees to the Employer's Benefit Plan administrator. 4.3 Services described in this Addendum will be provided to Enrollees at no cost to the Enrollee. Fees for services other than those pre-authorized services rendered by MHNet or its affiliate providers will be the Enrollee's financial responsibility. 4.4 MHNet will provide a toll-free number for Enrollees to use seven (7) days per week, twenty-four (24) hours per day. Calls will be answered by an intake clinician who will obtain appropriate information and arrange a referral to an affiliate provider when appropriate. When the call is of an emergency mental health or substance abuse nature, trained clinicians will address the immediate situation. After-hour routine calls will be followed-up during regular business hours the following business day. 4.5 MHNet will provide consultation to supervisors of Employer to assist them in resolving workplace issues and in making necessary Enrollee referrals. When appropriate, and with Enrollee's written consent, MHNet will provide monitoring and progress reports to appropriate supervisory staff. 4.6 Upon request and approval of Employer, MHNet will provide Employer with assistance in EAP program development, including planning, program promotion, training and liaison. 4.7 Upon request and approval of Employer, and as appropriate, MHNet will provide crisis response services. MHNet shall provide timely telephone response and shall make best and reasonable efforts to provide on-site intervention if necessary and appropriate. 4.8 Upon request and approval of Employer, MHNet will provide certain services to Enrollees covered under the Federal Omnibus Transportation Employee Testing City of Clearwater Confidential and Proprietary 1/6/11 EAP Addendum 2 Item # 2 Attachment number 3 Page 3 of 4 Act of 1991. These services shall include the availability of a Substance Abuse Professional (SAP) in compliance with the Department of Transportation (DOT) guidelines, evaluation of the employee, referral for chemical dependency treatment, monitoring of compliance with the treatment plan, and recommending a follow-up testing schedule. 4.9 The initial Enrollee population of Employer is 1,800. The fees quoted herein are based upon a standard variation in the Enrollee population of � 5%. MHNet reserves the right to adjust the fees quoted herein should the Enrollee population vary by more than 5%. MHNet will provide thirty (30) days notice to Employer of any adjustment in fees hereunder. 5. RESPONSIBILITIES OF EMPLOYER 5.1 To promote adequate acceptability of the assessment and referral services, to participate in program promotion and to educate employees about the services available through the EAP program. 5.2 To appoint a management person to assist in the administration of the program and to be the liaison between MHNet and Employer. 5.3 Employer agrees that the identity of any person receiving services from MHNet under this Addendum and the records of MHNet pertaining to such services shall be kept confidential by MHNet at all times, except as authorized by such persons, or his or her authorized representatives, or as required by law. 5.4 To make available, on the Employer's premises, for use of MHNet staff, suitable office space, meeting rooms, telephone and other equipment and supplies, as appropriate, during such times as MHNet staff inembers are conducting training, reviewing records and/or meeting with the Employer's designated representatives in connection with the EAP services to be provided hereunder. City of Clearwater Confidential and Proprietary 1/6/11 EAP Addendum 3 Item # 2 Attachment number 3 Page 4 of 4 6. FEES • 5 Session Assess, Refer and Brief Counseling Model EAP $139 PEPM (per employee per month) • Online EAP • 2 hours onsite intervention incidents (Critical Incident Stress Debriefing (CISD) or Emotional Incident Stress Debriefing (EISD) per contract year • One Annual Health Fair Day per contract year • SAP/DOT evaluations • Specialty Onsite/Additional Services (CISD , wellness training, brown bag seminars, employee or supervisor orientation, benefits/health fair) approvedin advance Provided at No Additional Cost: Included Included Included Included $250 per hour plus reasonable travel, • Enhanced Web-Online Resource Library • Enrollee brochures (one per eligible employee at contract inception; 10% of employee base in subsequent years) • Comprehensive aggregate reporting (quarterly) • Electronic newsletter (quarterly) • Electronic Topic Letters (twelve per year) • One CD of Supervisory Orientation Seminar • One CD of Employee Orientation Seminar Travel expenses outside the immediate area of MHNet's regional offices will be charged separately. Customized printing with Employer's logo, distribution and mailing is available at additional cost. City of Clearwater EAP Addendum Confidential and Proprietary 1/6/11 4 Item # 2 Attachment number 4 Page 1 of 4 BUSINESS ASSOCIATE ADDENDUM This Business Associate Addendum (the "Addendum") is entered into by and between MHNet Specialry Services, LLC ("Coventry") and City of Clearwater (for purposes of this Addendum hereinafter referred to as "Business Associate") and sets forth the parties' agreement with respect to the privacy and security requirements under the Health Insurance Portability and Accountability Act of 1996 ("HIl'AA"), the American Recovery and Reinvestment Act of 2009 ("ARR.A"), the Graham Leach Bliley Act (GLBA), and the regulations promulgated from time to time under each of those acts. The parties agree that the terms and conditions set forth in this Addendum shall be part of the Service Agreement dated January 1, 2011, between Coventry and Business Associate ("the Agreement"). Any conflicts or inconsistencies between the Agreement and this Addendum shall be read and resolved in favor of this Addendum. This Addendum shall be effective as of January 1, 2011. Business Associate Services. The Services provided by Business Associate under the Agreement for Coventry may involve the use and disclosure of individually identifiable health information, deemed protected health information or "PHI" under HIPAA and non-public personal information ("NPPI") under the Gramm Leach Bliley Act and applicable state law and/or regulations. PHI and NPPI shall be referred to collectively as "Non-Public Information" or "NPI". Except as otherwise provided herein, the Business Associate may make any and all uses of NPI necessary to perform the Services and its obligations under the Agreement. 2. Additional Business Associate Activities. Except as otherwise provided in this Addendum, Business Associate may use and disclose the NPI in its possession for its proper management and administration and/or to fulfill any present or future legal responsibilities of the Business Associate, provided that such uses are permitted under state and federal laws and would be permissible if performed by Coventry. Business Associate represents and warrants to Coventry that (i) any such disclosures it makes will be required by law and (ii) the Business Associate will obtain a written agreement from any such person or entity to whom the NPI will be disclosed that the NPI will be held confidentially and will not be further used or disclosed except as required by laws or for the purpose for which it was lawfully disclosed to such person or entity, and that such person or entity will notify the Business Associate of any instances of which it is aware in which the confidentiality of the NPI has been breached. 3. Business Associate Obligations for Privacy and Security of NPI. Business Associate agrees to the following: 3.1 Use and Disclosure of NPL Business Associate shall not use or further disclose the NPI other than as permitted under the Agreement, this Addendum, HIl'AA, GLBA, ARRA and their respective implementing regulations, each as amended from time to time. 3.2 Safeguards. Business Associate shall (i) use appropriate safeguards to prevent the use or disclosure of NPI other than as provided for in this Addendum, and (ii) have administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of NPI that it creates, receives, maintains, or transmits on behalf of Coventry. Such safeguards shall include, without limitation, conducting a security risk assessment, and training employees who will have access to NPI with respect to the policies and procedures required by HIl'AA and ARR.A. Upon request from Coventry, Business Associate shall provide Coventry with a copy of its written information privacy and security programs. 3.3 Policies and Procedures. Business Associate shall adopt and comply with policies and procedures that are in accordance with the HIl'AA, ARR.A, and GLBA requirements that apply to Business Associate's operations and the Services provided under the Agreement, including, without limitations, maintaining the confidentiality and integrity of any information received, maintained or transmitted by or on behalf of Coventry. Upon Coventry's request, Business Associate shall provide a copy of Business City of Clearwater BA Addendum 1 1/6,��Y11 $� 2 Attachment number 4 Page 2 of 4 Associate's policies and procedures. 3.4 Incident Reporting. Business Associate shall report to Coventry any security incident involving or use or disclosure of NPI not permitted by this Addendum of which it becomes aware. Business Associate shall report to Coventry within five (5) days of the Business Associate becoming aware of such use, disclosure or incident. 3.5 Notification of Breach. Business Associate shall report to Coventry within five (5) days any Breach of Unsecured NPL `Breach" shall mean the unauthorized acquisition, access, use or disclosure of NPI which compromises the security or privacy of such information. "Unsecured NPI" shall mean NPI that is not rendered unusable, unreadable or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary from time to time. Notice of Breach shall include, at minimum: (i) the identification of each individual whose NPI has been, or is reasonably believed to have been, accessed, acquired, or disclosed during the Breach; (ii) the date of the Breach, if known; (iii) the scope of the Breach; and (iv) a description of the Business Associate's response to the Breach. Upon reasonable request, Business Associate shall provide Coventry with information related to the Breach and will cooperate with Coventry in any required notifications. 3.6 Government Programs. To the extent that Business Associate provides services to Coventry relating to individuals enrolled in state or federal programs (e.g., Medicare, Medicaid), Business Associate shall comply with any additional restrictions or requirements related to the use, disclosure, maintenance, and protection of NPI of individuals enrolled in such programs through Coventry. With respect to the NPI of Medicare enrollees, Business Associate shall report privacy and security incidents and/or Breaches immediately, but not later than one (1) day, to Coventry and include the information required under Sections 3.4 and 3.5 of this Addendum. 3.7 Subcontractors. Business Associate shall require any agent or subcontractor to whom Business Associate provides NPI to agree in writing to (i) implement reasonable and appropriate safeguards to protect the NPI, and (ii) comply with the same restrictions and conditions on NPI as required by this Addendum. Upon request from Coventry, Business Associate shall provide a copy of any such agreement. 3.8 Minimum Necessary. Business Associate shall request, use and/or disclose only the minimum amount of NPI necessary to accomplish the purpose of the request, use or disclosure. 3.9 Remuneration of NPL Business Associate shall not directly or indirectly receive remuneration in exchange for any NPI as prohibited by 42 U.S.C. §17935(d) and any regulations promulgated there under. 3.10 Marketing of NPL Business Associate shall not make or cause to be made any communication about a product or service that is prohibited by 42 U.S.C. §17936(a) and any regulations promulgated there under. 3.11 Fundraising. Business Associate shall not make or cause to be made any written fundraising communication that is prohibited by 42 U.S.C. §17936(b) and any regulations promulgated there under. 3.12 Mitigation. Business Associate shall mitigate, to the extent reasonably practicable, any harmful effect that is known to Business Associate as the result of a use or disclosure of NPI by Business Associate that is not permitted by this Addendum. 3.13 Transfer of Data Off-Shore. Business Associate shall not use, transfer, transmit, or otherwise send or make available, any NPI outside the territory of the United States of Amenca without Coventry's prior written consent. City of Clearwater BA Addendum 2 1/6,��Y11 $� 2 Attachment number 4 Page 3 of 4 4. Requested Restrictions on Use of NPL Coventry will notify Business Associate of any restrictions on the use or disclosure of NPI that have been received from individuals and agreed to by Coventry. Business Associate shall comply with all such restrictions. 5. Access to PHL Within five (5) days of a request by Coventry for access to PHI about an individual contained in a Designated Record Set (as such Set is then defined by HIPAA regulation), the Business Associate shall make available to Coventry, or the individual to whom such PHI relates or his or her authorized representative, such PHI for so long as such information is maintained in the Designated Record Set as set forth in 45 C.F.R. § 164.524. In the event any individual requests access to PHI directly from the Business Associate, the Business Associate shall, within five (5) days, forward such request to Coventry. Coventry shall be responsible for determining whether to deny access to the PHI and Business Associate shall comply with such determinations. 6. Amendment of PHL Within ten (10) days of receipt of a request from Coventry for the amendment of an individual's PHI or a record regarding an individual contained in a Designated Record Set the Business Associate shall, as required by 45 C.F.R. § 164.526, incorporate any such amendments in the PHI; provided, however, that Coventry has made the determination that the amendment(s) is/are necessary. The obligation in this Section shall apply only for so long as the PHI is maintained by Business Associate in a Designated Record Set. In the event any individual requests access to PHI directly from the Business Associate, the Business Associate shall, within five (5) days, forward such request to Coventry. Accounting for Disclosures of PHL Business Associate shall maintain a record of any disclosure of PHI to a third party for a purpose other than Treatment, Health Care Operations, Payment, or pursuant to an authorization signed by the individual or personal representative of the individual who is the subject of the record. To the extent that Business Associate provides an electronic health record to Coventry's enrollees or customers, Business Associate shall comply with the requirements of 42 U.S.C. § 17935(c) and the regulations promulgated there under. Within thirty (30) days of notice by Coventry to the Business Associate that it has received a request for an accounting of disclosures of PHI regarding an individual, the Business Associate shall make available to Coventry such information as is in the Business Associate's possession and is required for Coventry to make the accounting required by 45 C.F.R. § 164.528. Business Associate shall provide such information in electronic form, where available in such form. In the event the request for an accounting is delivered directly to the Business Associate, the Business Associate shall, within five (5) days, forward such request to Coventry. Coventry shall be responsible for preparing and delivering any such accounting to the individual. 8. Access to Books and Records Regarding PHL The Business Associate will make its internal practices, books, and records relating to the use and disclosure of NPI received from, or created or received by the Business Associate on behalf of, Coventry available to the Secretary of the U.S. Department of Health and Human Services (or such other federal or state agencies with appropriate oversight authority) for purposes of determining compliance with HIl'AA, ARR.A, GLBA or any other similar statute and available to Coventry to ensure compliance with the Agreement and this Addendum. Term and Termination. This Addendum shall remain in effect for as long as Business Associate provides services to Coventry under the Agreement. If Coventry determines Business Associate has violated the terms and conditions of this Addendum, such violation shall be grounds for Coventry to terminate the Agreement for cause according to the terms of the Agreement. 10. Disposition of NPI at Termination. Within thirty (30) days of the termination of the Agreement, Business Associate, and its subcontractors, will return or destroy all NPI received from, or created or received by the Business Associate on behalf of Coventry, which the Business Associate and/or its subcontractors or agents still maintain in any form, and will not retain any copies of such information. If such return or destruction is not feasible, the Business Associate will notify City of Clearwater BA Addendum 3 1/6,��Y11 $� 2 Attachment number 4 Page 4 of 4 Coventry of the reasons for such in writing. Business Associate shall extend the protections, limitations and restrictions of this Addendum to the NPI retained after the termination of the Agreement and shall limit further uses and disclosures to those purposes that make the return or destruction of the NPI infeasible. This provision shall survive termination of the Agreement. 11. Survival. All Sections of this Addendum that relate to Business Associate's obligations related to the privacy and security of NPI shall survive termination of this Addendum or the Agreement for as long as Business Associate maintains NPI received or created in connection with the Agreement. 12 13 14 Third Party Beneficiaries. Nothing in this Addendum shall confer upon any person other than the parties and their respective successors or assigns, any right, remedies, obligations or liabilities. Counterparts. This Addendum may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Definitions. Capitalized terms not otherwise defined in the Agreement or this Addendum shall have the same meaning as set forth in regulations promulgated under HIPAA, GLBA or ARR.A, as may be amended from time to time. INTENDING TO BE LEGALLY BOUND, the parties hereto have duly executed this Addendum. MHNet Specialty Services, Inc. Print Name: Title: Date: Countersigned: Kevin J. Middleton, Psy.D. Chief Operating Officer Frank V. Hibbard Ma•� Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manaeer Attest: Rosemarie Call City Clerk City of Clearwater BA Addendum 4 1/6,��Y11 $� 2 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:2/28/2011 Approve the purchase of two additional self check machines to supplement the Contract (Purchase Order) with Integrated Technology Group (ITG) in the amount of $37,974.75 to include hardware, software, maintenance and support for 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: The library originally ordered 9 self-checkout machines to empower our public to assist themselves and improve workflow for our smaller staff. Because of a concern about the limited space, staff placed only 2 machines at the East and Countryside Branch. Due to the continued heavy use at those locations, staff is recommending an additional unit at each location to reduce the lines of customers waiting to checkout. Should there be further reductions in library service because of future budget challenges, the additional equipment will be more important than ever as staff tries to cope with a continuing heavy demand for service. Type: Debt-Lease Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: None A first quarter budget amendment in the amount of $37,974.75 of lease purchase proceeds will be established to fund this purchase order amendment. Funding for the estimated debt service payment for the current year in the amount of $3,200.00 is available in the library department current year operating budget. The estimated annual debt payment in the amount of $6,400.00 will be included in the proposed 2011/12 and future operating budgets. Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code $37,974.75 Annual Operating Cost: $6,400.00 Total Cost: to Amount Appropriation Comment 316-94861-564200-571-000- $37,974.75 For Lease Purchase 0000 Review Approval: 1) Assistant City Manager 2) City Manager Cover Memo Item # 3 5000 Miller Court East Norcross, Georgia 30071 sa les@i n teg ratedtek.com L � i , �� i,=aun'��r ', Attachment number 1 Page 1 of 2 Toll Free Phone: 1-877-207-3127 Fax: 1-877-207-3129 www. i ntegratedtek. co m Gity of Glearwater re ClearWater Public Library Systern Proposed quotation for 2 additional Self Check'units to be installed,at Countryside and East Branches . . �- . . � .-. 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 Securi The VEC0300D allows you to build a self-checkout unit into an existing circulation desk or library-designed table. The touch screen monitor, bar code scanner with stand, and receipt printer are placed on a circulation desk and the computer, keyboard, and mouse are housed under the desk. 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 1$ 8,396.50 Each $ 8,396.50 Kiosk Medallion Style. The ITG XpressCheck Free-standing Kiosk can be located anywhere in the library where there is access to power and the library's Ethernet network. VEC0310MED HARDWARE: ITG XpressCheck�^" $ 12,995.00 1$ 9,096.50 Each $ 9,096.50 Freestanding Kiosk Medallion Style. Optional Extras �rinters� and Receipt Pa�per THERMPAPER Thermal Receipt Paper (24 roll case) $ 68.40 $ - Each $ - Miscellaneous ITG XpressCheck Management Conso/e allows system administrators to configure multiple ITG XpressCheck systems quickly and simp/y. Changes can be made to all machines simultaneously, or groups of machines selected by easily readable "friend/y" machine names. Using fo/der shares, over your network, the ITG XpressCheck Management Conso/e can update configuration settings, image files, sound files, and distribute product patches or updates. Integration into the existing configuration interface is virtually seam/ess. The purchase price a/so includes one ITG XpressCheck license for the system administrator's computer to enhance remote configuration capabilities. XCMC Management Conso/e for Remote Admin. $ 1, 200.00 Inc/uded Each FREE XCMAGST Mag Stripe Reader $ 180.00 2$ 180.00 Each $ 360.00 Fines and Fees Intcgratcd Tcchnology Group, Apex XpressCheck Quotation A Division of Vcrnon Library Supplics, Inc. ��Qm ��1 of 2 5000 Miller Court East Norcross, Georgia 30071 sa les@i n teg ratedtek.com L � i , �� i,=aun'��r ', Attachment number 1 Page 2 of 2 Toll Free Phone: 1-877-207-3127 Fax: 1-877-207-3129 www. i ntegratedtek. co m Note: Grand Total: $37,974.75 '$1,500 for first site, $1,000 per additional site installed at the same time As a special consideration ITG will not charge the $1,000 for the install at the second Branch provided that Clearwater will transport the second selfcheck unit to the second Location and also that both installs will be done at the same Time. Prices above include first year's support and maintenance. Annual Support and maintenance following first year (years 2-5): 2,909.60 8% Bundled: Percentage of unit list price shown above Good through: 5/5/2011 Quoted By: Sergio Villet Today's Date: 2/4/2011 Approved by: Ken Evans Accepted By: Accepted Date: Intcgratcd Tcchnology Group, Apex XpressCheck Quotation A Division of Vcrnon Library Supplics, Inc. ��Qm �� of 2 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:2/28/2011 Approve an agreement between American Healthways Services, Inc. (Healthways) and the City of Clearwater (City), allowing the City to become a provider of fitness services and benefits for eligible Medicare Members known as the Silver Sneakers Program and authorize the appropriate officials to execute same. (consent) SUMMARY: Healthways has established a network of sponsoring organizations throughout the country to provide fitness services, to benefit Medicare participants represented by their medical providers. In the State of Florida, there are nine such providers associated with Healthways. Healthways has established a program known as Silver Sneakers where by their members can get health and fitness programs at approved provider sites at no cost. The City has been approved and offered the opportunity to be one of the providers for Healthways. The City's obligation will be to provide facilities for seniors to engage in the various approved Silver Sneakers program and activity. For every visit made to an approved program, which ranges from simply working out in the fitness room or pool to organized exercise classes, the City will be reimbursed or subsidized at a rate of $3.00 per activity per visit not to exceed $30.00 per month per participant. The reimbursement paid by Healthways is inclusive of all taxes, which may be required to be paid to any governmental authority. Silver Sneaker programs have met with tremendous success wherever they are offered and with the current facilities throughout the City, but most notably at the Long Center, staff believes this will increase participation, and improve the health and quality of life for our senior residents. In order to meet the needs of local seniors and parameters of this program, the current Code of Ordinances, Appendix A, Subject XI, Parks, Beaches, Recreation will require an amendment to allow Healthways to provide these services at city facilities. Staff is recommending the approval of this change in a separate agenda item. The Agreement with Healthways will not be executed until Council adopts the required code amendment on March 17, 2011. Review Approval: 1) Assistant City Manager 2) City Manager Cover Memo Item # 4 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:2/28/2011 Amend the City of Clearwater Code of Ordinances, Appendix A, Article XI, Parks, Beaches and Recreation, to establish a minimum rate for non-resident fees and provide additional criteria to establish the class of city residents and pass Ordinance 8246-11 on first reading. SUMMARY: On October 22, 2009, the City Council amended the Code of Ordinances, Appendix A- Schedule of Fees, Rates and Charges, to address the formula for non-residents fees and the definitions for the class of city residents and definition of families. Since the establishment of the formula, which included a surcharge to be adjusted by the City Manager or his designee, the rate for non- residents has decreased from $180 to $150 per person. At the December 16, 2010 City Council meeting, staff was directed to maintain the formula for non-residents the same but add a provision that the minimum fee for non-residents go no lower than $180 per person, and when the formula produces a higher cost, that new cost becomes the new minimum fee. The second change relates to clarifying the definition of corporate memberships, which allows corporations and government institutions within the incorporated boundaries of the City that use city wellness programs for their employees to be considered as a resident for purposes of the fee. The third change adds a new paragraph, which would allow for persons represented by a third-party contractual agreement (i.e., Healthways) to participate in recreation programs in accordance with terms of the contract. This will permit a Silver Sneaker member to participate at a recreation facility for approved Silver Sneaker classes and amenities. Review Approval: 1) Lega12) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 3 ORDINANCE NO. 8246-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO SCHEDULE OF FEES, RATES AND CHARGES, AMENDING THE CODE OF ORDINANCES, APPENDIX A, SUBJECT XI, PARKS, BEACHES, RECREATION; ESTABLISHING A MINIMUM RATE FOR NON-RESIDENT FEES AND PROVIDING ADDITIONAL CRITERIA IN ESTABLISHING THE CLASS OF CITY RESIDENTS FOR THE PURPOSE OF APPLYING FEES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater provides recreation facilities and programs for the residents of the City; and WHEREAS, the City Council has established the criteria for the class of City residents for the purpose of imposing varying fees for residents versus nonresidents as users of City recreational facilities; and WHEREAS, there is a need to modify the enforcement of the surcharge factor to clarify the minimum amount due, which was established when first approved; and WHEREAS, the definition of Corporate memberships needs to be clarified and the inclusion of Silver Sneaker members added; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Appendix A, Schedule of Fees, Rates and Charges, is hereby amended to read: XI. PARKS, BEACHES, RECREATION: Use of facilities by nonresidents (ch. 22): (1) Effective June 1, 2005, nonresidents who wish to rent or use City recreation facilities or programs may do so by paying a nonresident fee based on the following formulas which shall be administered by the Parks and Recreation Director: (a) Nonresidents: Department O&M Budget + indirect overhead - budgeted revenue = Net budget divided by population = subtotal Subtotal + Capital Improvement Program recovery component + Card processing fee x surcharge factor = Individual non-resident yearly fee [�]T � .II'fTii�a►[.7E:3�z�.'�ifil Item # 5 Attachment number 1 Page 2 of 3 (b) Annual nonresident family fees: Individual nonresident yearly fees x 2.5 = Annual nonresident family fee. (c) Options in lieu of nonresident card purchase: 1. Pay non-card holder rates for tennis, swimming, classes, and/or admissions. (These fees will vary depending upon activity, however in no case will they be less than or equal to card holder rates.) (d) Surcharge factor. Surcharge factor is established and adjusted by the City Manager or his or her designee in order to address the economic climate. A current fee schedule including the surcharge factor shall be set out in parks and recreation departmental policies. (e) Minimum rate: The minimum nonresident fee established by City Council is $180 per person. If and when the formula yields a hiqher fee, that fee becomes the new minimum fee. (2) The criteria which establish the class of City residents for the purpose of the fees above are: (a) Permanent residence within the incorporated boundaries of the City. (b) Ownership of real property within the incorporated boundaries of the City, as evidenced by the official tax rolls maintained by the county; (c) Tourists and guests temporarily residing at properties three months or less, within the incorporated boundaries of the City as evidenced by a motel key or another resident member; (d) Persons who are employees of the city, and their family which is hereby defined as "Husband and wife or legal guardian and their children who live in the same household, who are 18 years of age or under, or less than 23 years of age and a full time college student; (e) Persons who are retirees of the City of Clearwater; (f) Active Military personnel and their family as defined in (d); (g) Full Time employees or clients of the Upper Pinellas Association for Retarded Citizens (UPARC), for the use of the Long Center facility and programs only; [�]T � .II'fTii�a►[.7E:3�z�.'�ifil Item # 5 Attachment number 1 Page 3 of 3 (h) Corporate memberships to City wellness proqrams at City facilities funded by businesses or employees of government institutions (fnr hi,�,,,o��o� within the incorporated boundaries of the City)�"�horo +ho firo4 4on momhorohir�o „f �ho nnrr�nro�inn oro r�oir! oc or�r�linohlo nnn_rocirlon� foor �ho olo�ion�h � momhorchir� onr! n�ior oro nnncirloror! roci�Joni momhorchir�c �nii�h or�r�linohlo rocirlon� fooc hoinn or�r�lior!• i (3) Nonresidents who wish to rent a City recreation facility must possess a nonresident card or pay a ten percent surcharge for the rental. (4) In programs where rentals are charged, or where enforcement is impractical, or a majority of the facilities used by a program are provided in a municipality other than Clearwater, the nonresident fee is not required. (5) Notwithstandinq any provisions herein to the contrary, members of any proqram coordinated by the City throuqh a third-party contractual aqreement shall be permitted to participate in recreational proqrams at city recreational facilities in accordance with, and to the extent of, the terms and conditions of said contract. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Laura Lipowski Mahony Assistant City Attorney Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk [�]T � .II'fTii�a►[.7E:3�z�.'�ifil Item # 5 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:2/28/2011 Approve a partnership and operational support agreement between the City of Clearwater and Clearwater Lady Bombers (Club), to provide for youth programs by operating the day to day operations and maintenance of the Marymont Field located at 1900 Gilbert Street, from March 4, 2011 to March 3, 2012 with the option for 5 additional one-year terms, and authorize the appropriate officials to execute same. (consent) SUMMARY: During the Fiscal Year 2010-2011 budget process, personnel to maintain the Marymont softball field were eliminated. Staff has reached out to the community to see if there were any organizations to partner with the City and take over the maintenance and operation of these facilities. Several groups were interested in operating Marymont Field however, after evaluating the qualifications and proposals staff is recommending that a partnership and operational agreement with the Clearwater Bombers which has been a co-sponsor group of the City for over 15 years and primary user of the field for the past six years. The Club will provide the supervision, maintenance and programming of Marymont Field, including club softball, training camps for youth, city sponsored and co-sponsored games and practices, allow for rentals by other groups and allow the City to use the field during specific events as necessary. The Club will be responsible for the day-to-day maintenance of the softball field, restrooms, batting tunnel and common areas associated with the ballfield. The City will continue to maintain the picnic area, playground, basketball court, parking lot and open field areas. This agreement provides for five one-year extensions of this agreement if mutually agreed to between the parties and does not require any financial commitment on the part of the City. Review Approval: 1) Clerk 2) Assistant City Manager 3) City Manager 4) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 8 � . � � ,� . �' a � .: �. , � �.�: � . .A � i w` � ��., � ,� w � ,r. i w� ' r � � � � � r � . � � � � "' ! +� !� "' �r ! i .. . s ,� i " s� �� w i 11 � i N � ' . .. � � ` ra �i � � � ►1� _� y a �„� ,. , � �, � . . WH��EA�, tf�� y ��sire� t� pr��id� �r��r�r�� r�� ti�rit�� r��r�� a t��l� yc��ths; �r�d � � � „ ,. �� , �� ,,. � � � � r • � „ ,� � �, . � " �' � � r� - � � . . �, . ,�, �, , . +� � � �. 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� � �', �� r�d�� 1��: �� r�� r�c.� �� , ��r �f ___ � �� r'��r��wi: F�°�� "� �ik��r�� }��r�� .�� r:� fe�rr��. �..�il�"� �_f,�J��i�s�ti� ��"��'i`�� 9��t �� 1i��°E'��:,a�' a� r��._��p�� :�� 5 ��, ��r�� , �ric�t�� ,�irv��r��y� � �r�� `�,��a�i�� .��i��:�r�'�r�:��i�� F� �r��.�� T �` �;��I� �.��.��, ��.��i��L�� °�: ��Ef��r� �_ ��r��, �� C�� `E�r��r ��w�<,�� iC�`�,�t`�'1��t� �� ;:�� irg�� '�' Item # 6 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:2/28/2011 Approve an Agreement between the American Red Cross and the City of Clearwater to provide training in first aid care, emergency response, swim instruction and lifeguarding for City employees and authorize the appropriate officials to execute same. (consent) SUMMARY: The Parks and Recreation Department trains and employs recreation staff, lifeguards, swim instructors, and first responders. Employees in these positions have a duty to provide care to an injured or ill person until more advanced help, such as EMS, arrives. The American Red Cross has a nationally recognized training curriculum in first aid care, emergency response, swim instruction, and lifeguarding. The department staff will train approximately 140 employees in first aid, 60 members of the public in lifeguard skills, and 25 in swim instruction. Other organizations have nationally recognized curriculums in these programs but the American Red Cross is an organization that is all encompassing. Trainers and instructors need only one organization to certify in all curriculums. Certificate fees cost $8-$12 each. Books, instructional DVDs, and other materials vary in cost. This Agreement shall commence on the effective date with automatic one-year renewals thereafter on the anniversary of the commencement date, unless either party gives written notice to the other of its desire not to renew. The Recreation Programming Division's Operating Budget contains sufficient funds to cover the costs (approximately $1,500) associated with this Agreement. 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I ; .� , »� i �.�C.'i�I'`e'4',.l�C,`.t'� �"�. s3.�� I ��a@irs��i:�'�i�ia}�� +�r1i��."�I ' � — . . . � _ ,..- .�_... � tl� tY�� _�,��1� -- � _.— i � ��9��w �� I:��a��-� ��s.��'_j"��t<ii��: -- � .I��_f`�3��r1��9� . � T� � �� ,f�"?t:� i � � ,� ��.��° fi � �� ( �� f�� 1 ��:��i:�: � i�:� �.�,��:��;��'�i��1��.� i ,.. , u. r ��, .�. , � ��v��t�� , C �: � �� E I ; �� °.�°��t�� a , ,� ��; ,., ��.;, <<�� Item # 7 Attachment number 1 Page 17 of 17 ]sr �.tk�.r,,�, ,,.; Item#7 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:2/28/2011 Award a contract (Purchase Order) for $145,997.00 to LDV, Inc. of Burlington, WI for one LDV Model LABMCC163185-10 Traffic Homicide Investigation Vehicle and authorize the appropriate officials to execute same. (consent) SUMMARY: The current Traffic Homicide Investigation (THI) Bus (G2453, 2001 Bluebird) has reached the end of its useful life. The bus has experienced starting problems, severe brake system problems and the on-board generator has not started on a few occasions due to various failures. The interior of the bus has shown cracks due to body shifting. The bus has 9,567 miles. This bus responds to serious injury or fatality accidents. The bus will remain at the scene for several hours while the THI officers conduct a thorough investigation to determine the cause of the accident. The bus generator will run the entire time to support the emergency lights, interiors lights and air conditioning system. The rear of the bus is used to store traffic control devices, marking paint, tape and barricades. The vehicle is budgeted in the Penny for Pinellas 3 Project - 315-91149 - Police Homicide Vehicle. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-91149-564000-521- 0000 Bid Required?: Other Bid / Contract: Review Approval: 11 11 2009 to 2010 Amount $145,997.00 Yes Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Penny III Fund Bid Number: Bid Exceptions: None $5,137.25 $5,137.25 City of Clearwater RFP 07-11 None Cover Memo Item # 8 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:2/28/2011 Approve a Work Order to Engineer of Record Reiss Engineering Inc. for Stormwater Modifications to Town Pond in the amount of $294,569. (consent) SUMMARY: Now known as Prospect Lake, located in Prospect Lake Park, this stormwater system was constructed in 2004 to service a defined Downtown Drainage District. This 3.5-acre alum treatment pond was Cooperatively Funded by SWFWMD (Southwest Florida Water Management District) to treat a 100-acre watershed, reduce street flooding and allow redevelopment of the area by creating a Buy-In District for stormwater treatment. It has since been determined that the permitted system is not capable of ineeting the water quality requirements of the permit. This is primarily due to the fact that the alum pond was designed as a high volume flow-through system. This design does not provide for proper settling in the pond. The City hired Reiss Engineering to evaluate the existing conditions of the treatment system and provide the City with options for bringing the system into compliance. The attached work order reflects the outcome of that evaluation, along with design, permitting and construction management services for future modifications. A midyear amendment will transfer $294,569 Stormwater Utility Revenue from 0315-96170, Coastal Basins Projects to 0315-96125, Town Lake to fund the work order. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-96125-561200-539- 000-0000 $294,569 $294,569 2010 to ' 2011 Review Approval: 1) City Manager Amount $294,569 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment See Summary Yes $294,569 Cover Memo Item # 9 s � ,� Attachment number 1 Page 1 of 15 REISS ENGINEERING, INC. WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: February 9, 2011 ProjectNumber: 102008 City Project Number: 11-0008-EN 1. PROJECT TITLE: Town Pond Modifications — Design and Construction Management Services 2. SCOPE OF SERVICES: The City of Clearwater (City) selected Reiss Engineering Inc. (REI) to provide an assessment of the current physical condition and operational elements of the City's Town Pond stormwater system, with specific emphasis on the use of alum for enhanced stormwater treatment. It was the City's desire to either improve the performance of the alum system such that efficient and effective operations were established, or to identify an alternative method for the elimination of alum from the overall system. Studies performed by REI identified a viable and acceptable (to the City) alternative that would allow for the elimination of alum treatment, while maintaining compliance with applicable stormwater rules and permit conditions. This approach was presented to the Southwest Florida Water Management District (SWFWMD) in December 2010, and tentatively approved pending further meetings to discuss technical details. Subsequent to the REI studies and meeting with the SWFWMD, the City requested that REI prepare a proposed work order to provide design, permitting, bidding and construction engineering inspection (CEI) services for the redesign and construction of the Town Pond stormwater system modifications. Based on discussions with City staff, REI developed the following scope of engineering services for this project. The following specific design components are included in this proposed scope of work: 1. Permitting services to incorporate the City Annex detention pond treatment capacity to reduce the size and costs associated with the modifications necessary to meet SWFWIVID permit regulations. 1 Item # 9 Attachment number 1 Page 2 of 15 2. Design, permitting and construction services associated with increasing the size of the current Town Pond within the boundaries of the existing Prospect Lake Park property to add littoral shelf area and water quality treatment volume. 3. Design, permitting and construction services associated with constructing a satellite stormwater pond, if required, on undeveloped City-owned property in the Town Pond watershed to facilitate treatment of the remainder of untreated stormwater run-off. While the scope provided below includes all of the tasks described above, the compensation proposed for each of the three tasks is presented individually for the purposes of more detailed budget tracking. This Scope of Services includes the following tasks which are described in detail below: 1.0 — PRO7ECT ADMINISTRATION 2.0 — PRELIMINARY ENGINEERING 3.0 — F1NAL ENGINEERING 4.0 — PERMITTING 5.0 — BIDDING 6.0 — CONSTRUCTION MANAGEMENT TASK 1.0 — PROJECT ADMINISTRATION REI will perform pre-design and ongoing administrative services for this project as defined below. 1.1. General Project Management Services Proj ect Management activities include staffing subconsultant coordination, budget management, schedule management, and coordination with the City, as well as preparation of invoices and status reports on a monthly basis. 1.2. Pre-application Meeting with SWFWMD REI will prepare for and attend a pre-application meeting with SWFWMD and City staff to discuss the specific technical issues necessary to finalize specific scope items. REI staff will communicate by telephone with key District staff inembers prior to this meeting such that more detailed technical approach items are prepared in advance. REI will prepare meeting minutes to document this critical meeting. 1.3. Design Kick-Off Meeting REI will prepare for and conduct a project "kick-offl' meeting with City staff to discuss the project's goals and objectives, clarify roles and assignments, and review the project schedule and deliverables. The kick-off ineeting will also include a discussion of key 2 Item # 9 Attachment number 1 Page 3 of 15 technical issues, such as coordination with other City departments on related aspects of this project, and elements associated with time-critical tasks. REI will prepare a meeting agenda prior to the meeting and will issue meeting notes within five (5) business days after the meeting. 1.4. Project Progress Meetings and Reports REI will prepare for and conduct proj ect progress meetings on a bi-monthly basis (up to 6 meetings through design and bidding) with City staff and other proj ect-related stakeholders identified by the City (e.g., SWFWMD, other consultants), as appropriate. REI will prepare a progress meeting agenda for these scheduled meetings. REI will issue meeting minutes within five (5) business days after each meeting. Monthly progress reports with completion percentage for each task will also be prepared and submitted to the City with monthly invoices. 1.5. Public Meetings REI will attend up to two (2) public meetings organized by the City, and provide support to City staff in the development and presentation of information. Public meetings may be required with the Community Development Board, City Council, SWFWMD, or other agencies/venues as identified by City staff. 1.6. Coordination with Subconsultants REI will coordinate with all subconsultants retained for completion of the project, including coordination of consultant team meetings, field efforts, and meetings with City staff. 1.7. Project Scheduling REI will prepare and update on a bi-monthly basis (beginning with the Kick-off Meeting) an overall Project Schedule for the City's use in monitoring progress. The schedule will be prepared using MS Proj ect software, and will be delivered to the City at the bi- monthly progress meetings. Significant schedule issues will be discussed with the City as they occur, and interim updated schedules will be prepared and submitted prior to the bi- monthly meetings, as needed. 1.8. Quality Assurance/Quality Control REI will perform quality assurance and quality control reviews (QA/QC) for the entire duration of the project. The QA/QC professionals will be staff not routinely engaged in the Proj ect design and permitting activities. The QA/QC Team will prepare written comments on project deliverables at the appropriate stages of the design. The QA/QC Team is proposed to complete a review at the Preliminary Design (30%), 60%, 90%, and 100% design phases of the project, prior to submittal to the City and the SWFWMD. 3 Item # 9 Attachment number 1 Page 4 of 15 Task 1.0 Deliverables • Pre-Application agenda and meeting minutes. • Kick-off Meeting Agenda — electronic draft copy (MS Word) for editing; 10 hard copies at meeting. • Kick-off Meeting Minutes — electronic draft copy (MS Word); electronic final copy (PDF). • Bi-monthly Project Progress Meeting Agenda — electronic draft copy (MS Word) for editing; 10 hard copies at meeting. • Bi-monthly Project Progress Meeting Minutes — electronic draft copy (MS Word); electronic final copy (PDF). • Monthly Progress Report — one electronic copy (PDF), one hard copy with invoice. • Bi-monthly Project Schedule — electronic copy (PDF), hard copies as needed. TASK 2.0 — PRELIMINARY ENGINEERING REI will provide preliminary engineering services for the proj ect as defined below. 2.1. Surveying REI will perform a boundary and topographic survey of the proj ect area. REI will review survey data collected and maps generated for completeness and accuracy in supporting the design requirements, and provide the City with one (1) final survey drawing and two (2) electronic copies (original files and PDF). A detailed scope of this work is attached (Polaris Associates, Inc. Proposal). 2.2. Geotechnical Engineering REI will perform geotechnical investigations sufficient to establish the geotechnical parameters necessary for the stormwater pond design. REI will review geotechnical data collected and reports generated for completeness and accuracy prior to providing the City with final reports of the investigation. The scope for this task includes geotechnical borings for the stormwater pond at the City- owned satellite pond property only. The results of the analyses of the borings will be included in a report which will include the following: • Discussion of subsurface soil and groundwater conditions, including estimated normal seasonal high groundwater levels • Recommendations for subgrade preparation and fill placement • Foundation design recommendations • Expected total and differential settlements • Recommendations for below grade construction A detailed scope of this work is attached (Driggers Engineering Services, Inc. Proposal). � Item # 9 Attachment number 1 Page 5 of 15 2.3. Phase I Environmental Site Assessment (Satellite Pond) If required, the City will contract directly with an environmental firm to conduct a Phase I Environmental Assessment. REI will coordinate with the City and the environmental consultant during performance of this work. 2.4. Listed Species Survey (Satellite Pond) REI will conduct surveys of the project site to determine the occurrence, or potential for occurrence, of species listed as threatened, endangered, protected, or of special concern by the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service. Biologists will review the site for suitable habitat for species known to occur in the region and will perform transects through any such communities to provide an estimate of the population density, if appropriate. REI will coordinate with the FFWCC to obtain the latest data on any nearby eagle nests. Results of this review will be summarized in a brief report and will include details of regulatory options available for the development of the project area. This information will also be incorporated into the environmental permit applications. A detailed scope of this work is attached (Shaw Environmental & Infrastructure, Inc. Proposal). 2.5. Preliminary Engineering REI will prepare preliminary calculations and perform project design, incorporating data obtained in the study stage of the proj ect, as well as information and direction provided during the pre-application meeting with the SWFWMD. REI will prepare a preliminary engineering plan showing proposed grading drainage, and stormwater utility facilities. 2.6. Preliminary Opinion of Probable Construction Costs REI will produce a preliminary cost estimate for the proposed site development modifications. This will include a preliminary opinion of probable construction costs for the proposed site development modifications, accurate to within typical limits at this stage of design (+/- 30%). Task 2.0 Deliverables • Data requests via electronic mail. • Final survey drawings signed by a licensed Florida land surveyor — one (1) hard copy and CAD files (original and PDF files). • Phase I Environmental Site Assessment — two (2) hard copies and one (1) electronic copy (PDF). • Gopher Tortoise Census — two (2) hard copies and one (1) electronic copy (PDF). • Listed Species Survey — two (2) hard copies and one (1) electronic copy (PDF). • Preliminary Site Plans — one (1) hard copy and one (1) electronic copy (PDF). • Preliminary Opinion of Probable Construction Costs — one (1) hard copy and one (1) electronic copy (PDF). � Item # 9 Attachment number 1 Page 6 of 15 TASK 3.0 — FINAL ENGINEERING REI will provide design services for the proj ect as defined below. 3.1. Drainage Calculations REI will prepare drainage calculation notebooks based on the topographic survey and geotechnical data obtained. The drainage calculations notebooks will contain the necessary pre- and post-development exhibits, maps, calculations, simulation modeling input data and results, summaries, pond recovery analyses, and other data as required to obtain approvals and permits. The drainage simulations will include all necessary storm events needed for approvals. Secondary drainage calculations (for roads and stormwater curb inlets) will be included as needed. 3.2. Construction Plans REI will prepare construction plans for the project that will be submitted to the City of Clearwater and the SWFWMD for review and approval. The plans will be detailed such that once approved they will be sufficient for the City's bidding process and the project's construction. REI will perform quality assurance and quality control reviews (QA/QC) at 30%, 60%, 90%, and 100% design phases of the proj ect, prior to submittal to the City and the SWFWNID. Please note that the littoral shelf planting plans and landscape plans produced in Tasks 3.2.1 and 3.2.2 will be included with the construction plans from this task for all necessary submittals. 3.2.1. Littoral Shelf Planting Plan REI will produce a littoral shelf planting plan for Town Pond that will be submitted to the SWFWMD for review and approval. The plan will be detailed such that once approved it will be sufficient for the City's bidding process and the proj ect's construction. 3.2.2. Landscape Plan REI will produce a landscape plan for Town Pond and the satellite pond that will be submitted to the City for review and approval. The plan will be detailed such that once approved it will be sufficient for the City's bidding process and the project's construction. Task 3.0 Deliverables • Data requests via electronic mail. • Final drainage calculation notebooks signed and sealed by a licensed professional engineer — one (1) hard copy and one (1) electronic copy (PDF). � Item # 9 Attachment number 1 Page 7 of 15 • Final contract documents and construction plans (24"x36" drawings) signed and sealed by a licensed professional engineer — one (1) hard copy and one (1) electronic copy (PDF). Estimate of seventeen (17) sheets each for both Town Pond and satellite pond. • Final contract documents and landscape plans (24"x36" drawings) signed and sealed by a licensed landscape architect — one (1) hard copy and one (1) electronic copy (PDF). Estimate of fifteen (15) sheets each for both Town Pond and satellite pond. • Littoral shelf planting plan — one (1) hard copy and one (1) electronic copy (PDF). TASK 4.0 — PERMITTING REI will prepare and submit application packages for the permits listed in the sections below. The submittal packages will include application forms, narratives, drainage calculations, plans, exhibits, environmental information and other supporting documentation, as well as permit application fees. REI will coordinate with the City or its designee to obtain documentation required as part of these permit applications; particularly, ownership documentation, and other such information. REI will assist the City in processing the permit applications and construction plans submitted to the regulatory agencies. REI will coordinate with the agencies to expedite issuance of the public notice and receipt of the agency comments. REI will provide additional technical information and supporting documentation to facilitate the processing of the permit applications. REI will coordinate with any environmental and geotechnical consultants to ensure the incorporation of pertinent data in its responses to the regulating agencies. REI will keep the City informed of the application status, comments received from the agencies and the proposed responses. REI will forward all substantive comments regarding legal documentation to the City and its attorney. REI will monitor and track all relevant dates. This task includes approval only through the permitting agencies listed below. If additional permits not listed are required, REI will advise the City and additional fees may be required. 4.1. City of Clearwater The following applications/permits are anticipated for the City of Clearwater: • City of Clearwater Flexible Development Application • City of Clearwater Application for Land Clearing and Grubbing Permit • City of Clearwater Demolition Permit (for structures at satellite pond location) 7 Item # 9 Attachment number 1 Page 8 of 15 4.2. Southwest Florida Water Management District (SWFWMD) The following application/permit is required from the SWFWIVID: Southwest Florida Water Management District Environmental Resources Permit (ERP) for grading/stormwater design (This will be a modification of permit 44- 022515.000, to include the Town Pond modification, incorporation of the City Annex Pond, and additional satellite pond.) 4.3. Florida Department of Environmental Protection (FDEP) and U.S. Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) Notice of Intent The following application/permit is required from the FDEP and EPA: • Notice of Intent to Use Generic Permit for Stormwater Discharge From Large and Small Construction Activities 4.4. Florida Department of Transportation (FDOT) Drainage Connection The following application/permit may be required from the FDOT: • FDOT Drainage Connection Permit 4.5. Pinellas County Right-of-Way Utilization Permit The following application/permit may be required from Pinellas County: • Right-of-Way Utilization Permit Task 4.0 Deliverables • Data requests via electronic mail. • Copies of all Requests for Additional Information (RAI) from reviewing agencies — one (1) hard copy and one (1) electronic copy (PDF). • Copies of all Response to Comments Letters (RTC) with supporting documentation — one (1) hard copy and one (1) electronic copy (PDF). • SWFWMD ERP permit (or exemption) applications and documents for signature by City; permit fees (to be paid by REI, estimated permit fees included in project cost) — one (1) hard copy and one (1) electronic copy (PDF). • Attendance at pre-application meetings with City departments for Site Plan Approval s. • City of Clearwater Flexible Development Application permit application and documents for signature by City. : Item # 9 Attachment number 1 Page 9 of 15 • City of Clearwater Application for Land Clearing and Grubbing Permit and documents for signature by City. • FDOT Drainage Connection/Pinellas County ROW Use permit applications and documents for signature by the City. (IF REQUIRED) • Pinellas County Right-of-Way Utilization permit applications and documents for signature by the City. (IF REQUIRED) TASK 5.0 — BIDDING 5.1. Attendance at Pre-bid Meeting REI will attend one (1) pre-bid meeting at a location selected by the City. REI's representative will answer/document contractor questions as applicable. REI will prepare and submit meeting minutes within five (5) business days, which will include all contractor questions raised during the meeting and any responses issued during the meeting. 5.2. Question Responses REI will forward any requests for additional information (RFI) received after the meeting to the City who will prepare addenda for distribution to the contractors through the City's planroom website. REI will provide input as requested by the City in the preparation of the addenda. Task 5 Deliverables: • Bid document package. • Attendance at Pre-bid meeting and Meeting Minutes. • Responses to bidders RFI's (MSWord). • Issue For Bid (IFB) contract documents and construction plans (24"x36" drawings). One (1) Signed and Sealed hard copy and electronic files on CD (original files and PDF). TASK 6.0 — CONSTRUCTION MANAGEMENT REI will provide services required to coordinate and facilitate the beginning of construction. REI will review contractor-supplied submittals (shop drawings for general conformance to the plans and specifications). REI will provide construction management services which will include a pre-construction meeting, approximately three (3) visits to the site weekly for inspections during construction, and additional site visits to observe the progress and quality of the executed G� Item # 9 Attachment number 1 Page 10 of 15 work and to determine whether the project is proceeding in accordance with contract documents. REI anticipates a pre-final inspection and a final inspection visit. REI has assumed that the site work will be completed within a four-month period. Per the contract documents, the contractor will be responsible for the means, methods, techniques, sequences, procedures of construction, and safety precautions and programs incidental to the work of the proj ect. REI will keep the City informed of the progress of the work Inspections may include observations of erosion protection and pollution abatement measures, storm sewer lamping, water management pond and outfall construction, and general observations to ensure adherence to project requirements and the contract documents. REI understands that the site contractor will provide the services of a geotechnical engineer who shall certify that all site and utility compaction, pavement thickness, and mix design complies with governmental and proj ect specifications. Copies of the test results shall be provided for REI's records. This testing is not included in REI's scope, but should be included in the contractor's bid. Upon completion of construction, REI will provide record (drawings based on the contractor's as-built drawings) and certification of construction completion to the City of Clearwater and the SWFWMD, and process the SWFWMD permit to transfer the facilities into the operational phase. Task 6 Deliverables: • Record drawings (24"x36"). One (1) Signed and Sealed hard copy and electronic files on CD (PDF). • SWFWMD letter stating Town Pond (and additional pond(s)) is (are) placed into operational phase. One (1) hard copy and electronic file on CD (PDF). 10 Item # 9 Attachment number 1 Page 11 of 15 ASSUMPTIONS The assumptions listed below were used as the basis for development of the proposed scope and fees. Should the City wish to amend the scope to address any specific assumption, REI will negotiate in good faith to adjust the fees accordingly. 1. There will be no public involvement beyond what is listed in Section 1.4. 2. Easement Acquisitions, searches, or documentation will be the responsibility of the City. 3. Army Corp of Engineers permitting is not required. 4. Impact fees or inspection fees are the responsibility of the City. 5. City shall provide REI and its subconsultants all necessary access to the proj ect site. 6. The City of Clearwater and SWFWIVID review time will be no more than 30 days for each RAI. 7. The design will be based on the federal, state, and local codes and standards in effect at the start of the Proj ect. 8. Project management time is greatly dependent on the schedule of the work If the schedule is extended for reasons beyond the control of REI, additional Project management time may be necessary and fees may increase. 9. City provides Front End documents. 10. Site civil assumptions: site has compatible land use and zoning site is not within 100-year floodplain, site is not in a closed drainage basin, there are no wetlands/jurisdictional areas, there is positive stormwater outfall available adjacent to the site, there are no variances for site development, there are no traffic studies or signalization, and there are no hazardous waste site assessments 11. The satellite pond location is not a current or former brownfield location. If it is, Phase II and III environmental assessments may be required. 12. If gopher tortoises are present within the site, a formal census (not included herein) will be needed in order to determine their density and any associated costs for relocation. 13. All design drawings will be completed using AutoCAD 2010. 14. If a SWFWNID water use permit/dewatering permit is required, contractor will be responsible for obtaining it. 15. Contractor will be responsible for abandonment/relocation of existing sewer main within the peninsula of the Town Pond, the sludge collection hoppers, the pump used for removal of the alum-treated sludge, and any related equipment and facilities that will no longer be required and as determined by the City. 16. Contractor will be responsible for removal and disposal of alum-treated sludge located throughout the bottom of the Town Pond. 17. Contractor will be responsible for the replacement of the sidewalk overlook with a boardwalk or other similar design acceptable to the City. 18. Contractor will be responsible for maintenance of traffic (MOT) permitting and operations during construction activities. 19. Contractor will be responsible for planting aquatic plants in Town Pond per the littoral shelf planting plan. 20. Contractor will be responsible for landscaping per the approved landscape plan. 11 Item # 9 Attachment number 1 Page 12 of 15 3. PROJECT GOALS: The goal of this project is to design, permit, and bid modifications to the City's Downtown Stormwater District to meet the needs of the City of Clearwater and the SWFWNID. 4. BUDGET: The project budget is presented in Attachment B. This price includes all labor and expenses anticipated to be incurred by REI for the completion of these tasks, on a lump sum basis, for a not to exceed fee of $294,569. Permit application fees will be paid by REI and invoiced to the City as a reimbursable. 5. SCHEDULE: The project schedule is summarized below: Time from Notice to Proceed Task 1.0 — Project Administration ongoing Task 2.0 — Preliminary Engineering 1 months Task 3.0 — Final Engineering 4 months Task 4.0 — Permitting 9 months Task 5.0 — Bidding 12 months Task 6.0 — Construction Management 16 months Total 16 months Schedule Notes: - Schedule includes 10 days (2 weeks) for City review of a draft deliverable. The schedule will be adjusted according to actual City review rime. - REI will observe the time limitations; however, should there be delays in receiving information from others and in obtaining subsequent authorizarion, approvals, and/or review comments from the City, the schedule will be updated and adjusted as mutually agreed upon by REI and the City. REI shall not be responsible for delays that occur as the result of acrion or inacrion by others. The proj ect is to be completed 480 days from issuance of notice-to-proceed. 6. STAFF ASSIGNMENT (Consultant): Reiss Engineering Staff: James Murin, P.E. — Vice President/Principal-in-Charge Ted Schwartzhoff, P.E. — Project Manager Scott Hoxworth, P.E. — Proj ect Engineer Janine Alexander, P.E. — QA/QC Robert Lupo — Senior Designer Kim Jones — Administrative Assistant 12 Item # 9 Attachment number 1 Page 13 of 15 7. CORRESPONDENCE/REPORTING PROCEDURES: REI's project correspondence shall be directed to James Murin, P.E. All City project correspondence shall be directed to Ed Chesney, P.E. with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Engineering, Attn: Veronica Josef, Senior Staff Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared on a percent completed basis, monthly, according to the lump sum compensation amounts identified in Section 4. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 9. 10. None. City Invoicing Code: 0315-96125-561200-539-000-0000 ITEM 9 INTENTIONALLY LEFT BLANK SPECIAL CONSIDERATIONS: PREPARED BY: C. Robert Reiss, Ph.D., P.E. President Reiss Engineering Inc. Date 13 APPROVED BY: Michael D. Quillen, P.E. City Engineer City of Clearwater Date Item # 9 Attachment number 1 Page 14 of 15 {Add the following as an Attachment.} °�C�earwater � U CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment "A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing the following methods. 1. City of Clearwater CAD standards. 2. 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 ineasurement 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 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 Autodesk Civil 3d file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater 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 standardAutoDesk, 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.rnahony�a,rnvclearwater.com ➢ All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. 14 Item # 9 Attachment number 1 Page 15 of 15 ATTACHMENT B CITY OF CLEARWATER PROJECT BUDGET Reiss Engineering Inc. Town Pond Satellite Pond Design & City Annex Design & Task Description Permitting Re-permitting Permitting Total 1.0 Project Administration $43,045 $0 $5,005 $48,050 2.0 Preliminary Engineering $25,620 $0 $21,242 $46,862 3.0 Final Eaigineering $27,110 $0 $27,110 $54,220 4.0 Permitting $15,184 $15,184 $7,092 $37,460 5.0 Bidding $7,870 $0 $2,620 $10,490 6.0 Construction Management $44,352 $0 $10,088 $54,440 Subtotal $251,522 Permit Fees $3,740 Other Direct Costs (prints, photocopies, postage, etc) $12,528 Total $267,790 Contingency (10%) $26,779 Grand Total $294,569 IS Item # 9 i ,, � oi :, ; 1 ah � �( �J `" Ci ��n c'� , ' � `,�1` ;� . $�'' }� �t t"` ' ; . _�, �'t . " "h� ��;�� ; � y'k < `� ,y` � ''i�;tf"� \"U,�`! , ,:� l�� ,a � d'�'. �� ?�'��5� �;�-- � 4�� wr �.�� .ifi��Y.^ ,�„'i�t��l �,) � `ir .i k 2+° � 4 �k i ; � !� '� =fi�+ ?'¥ � ��';:, � � �'� �, 4 �yc r �� ` , {s �+ �� g ��r �y��% ,�� r� � �{ tfi�� S nae `iC � � <<s . 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' �. i�rs.�� i�; �rr � �-�1" �1n r s;� � ^ - r tr! „ , ��-.� � �. � � � !-� s >�s ''li��x. 3 � ` r� � ? ts i � ek � � � vp9,,. �,< s t3 � - � . 7I � € i+ \s � , r4` rE �r<m��41�� tfi� ;� � '� ` �4��ii ��' '" it�it iii? r r � ft� d ,=�r°' a F � �; �� } ' � �, 1� � � „ � '� �: s � � � I �� - Y , ,��, � � �'t � ��1 `� s � � 3.r � �� { ' n i i� � t� � � �.t. �� 4 � � � � j4�t�; � i x �'t , �� fi f � � �� r � p "' �, � ,;� T il��lcr � . ? ". l ��, � � ��i � � x� �; n u' xs �i}� �- � '§Sf <s t �t�`�1t 4 � � k r . � �"t s � `�r�-. iY, � : . � � a§�th, .. i� �4�`Ee Y4�lr��..'. �,u t . �i�4 , u :� i iS�. , a _ tt< ,'�, ,.�, „: 134` u � �(i�` �� il�� ' -�.�»''�!� ._ ��.,,. '; c � x.�y r�i� a�,?�,�u, �# � ... �' 01 �i 1�U-� �,.. . �. � .. .� � � . f , „,,. .. Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint one member to the Marine Advisory Board with term to expire March 31, 2015. SUMMARY: APPOINTMENT WORKSHEET Meeting Date:2/28/2011 BOARD: Marine Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Tim Trager MEETING DATES: 2nd Wed., 8 am (Quarterly) PLACE: Marina APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM THAT WILL BE EXPIRING AND NOW REQUIRES EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Tom Calhoun — 2421 Old Coach Trail, 33765 — Realtor Original Appointment 3/1 /07 —(serving 1 st term until 3/31 /11) (0 Absences in the last year) Interested in reappointment: Yes THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. John Giotis — 851 Bayway Blvd., 33767 — School Principal 2. Paul J. Kelley — 667 Bay Esplanade, 33767 — Business Owner 3. Bob Luna — 774 Snug Island, Island Estates, 33767 — Mortgage & Real Estate Broker Zip codes of current members on board: 1 at 33755 3 at 33761 2 at 33765 1 at 33767 Review Approval: 1) Financial Services 2) Clerk Cover Memo Item # 10 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) �------� � Name: %�-1 ,�.c ��, Home Address: �� f� � d �� L:� �� .�- z�p ,� . � ��'� Telephone: �,� � %�� .� �a Cell Phone: 7:� �� / a ✓ How long a reside�'nt of Clearwater? ��:�C;� r Occupation: (� �e �� - ,� � Field of Education: If retired, former occupation: Community Activities Office Address: Telephone: E-mail Address: Employer: --� ' �++-� Attachment number 1 Page 1 of 2 /vi �' � Zlp Other Work Experience: � /,s t1iL. �.a r��'_'r a�"C �/ / �e�'�� '/�'�rt/ �P.✓'�'� % Other Interests: Board Service (current and past): ,�� !' /�� r/�.r�� aL�_C��' �" Additional Comments: :' � -' Signed ,�'"� (.,��st,�._.. Board Preference: Date: �� /�� 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. REC��E� DEC 17 101Q Item # 10 +�rFi�;P�4Y. RE{;��ftp5 .ApJ�o LEGISLATIVE ��NCS DEPT 0411712002 03: 07 17277129173 TOM CALHOUN Patg ��e � r��ber 1 'Z8f BOARD QliE3'�'iONNAIRE 1, What is your understanding of the board's duties and responsibilities? T %� ,/� 1 _ /!'J � 4 �!�- K r � � � C �`� � � � �% �� t%/ti� � L _ � o . 1 .. 0 � �� .� � � � 0 2. Have you ever observed a board meeting either in person or on C-1Tiew, the City�$ T1/ station? 3• What background and/or qualificati�ns do you Ftave th�,t you feel would qualify you to serve on #his Board? 4. Why tto you want to serve on #his Bo�rd? �� /�l.r�.'P`/��.� / � r� � � � 'f J , �- r �� —f "� �i._i�% � l� . ,.f _. �' � �� — — � L. -- . ,�� Name: [7' K� � �� Board N�m�:��lC�'�/,�� i ,U�'�G�' u �� ,��'r F�� 9 �� o�;�,�. ��°�� ,��. L��R�l�.Tf'� e� "' �� Item # 10 Attachment number 2 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: �b %� .ti ��a� Home Address: Office Address: %L.ma� d'�' 'h-�- x""`�'�� * 8'S/ 13•��a- ,Biv� '4t�,� f�M!'� �� -.) egr�.�,,-�Y 6��,. FL zip 3..7�6� Telephone: �Ct/l� l�bd�-6Y�."`�t1� y��s I3 �' ,�. �Jo�� S�. �C.�,`.��- , r-� z�p 3.��i.3 Telephone: How long a resident of Clearwater? ..3 Y/Y'� Occupation: ��.eo% ��%�c;�cl Employer: 5�� - ��-�.tc• (4fc Field of Education: �� " (.� n � v , a� / j ��'.i� �. � yl. /�-?�4 — (-�,.�; �, a� S�,e,F�'e%1 C`�� /!t�' D— C.�..► r �, a+F I�r, Jy%lf- EliA ^ �J1�4%1_ t..�: J_ If retired, former occupation: Community Activiti Other Work Experience: s�.��a.Yr �.It. Pc+cr.r��.r�� S�Oo�ar A�l��.c.. Other Interests: ?�.�c- a. vc� ,s'{�ro..o ,�-kru� ,,, t; � ver,�,.,,�,�f- .,,,�' ��-►. c�-F¢1;� Board Service (current and past): Board Preference: C �-K�l�� .�,�a �'.�� pr; Ie, z a, t Dc.�cl e��,�{- Ag�P ( � 1rl w�� / 1� Vi,�O� Lipvd � G/lVi �OA/�iry}�•� ,�r�lee; t3oar� Additional Comments:_ I`Rs,,.��C�;�,.ca. o...� eri�ra.•,. �Il („� a-� ��- -� a.v a�1,.� s«� bo-�d. �•. sdd; fio,.. �� l; r,��. � �� .r p,�� -�� .�r r-��ks- �� tdv;lo�, beN� � L SY a.. .�-•s,rL e�c,/�'a.t. •-�? �ioJ..t�,'�..c.. Signed: �� Date: %1 1 �-�b d 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. �� t��E� � ;; . . , _� ._�� ' � � ��1� �� '"��a.�C.��S� �a.;z .r,��,., � ,',r',..�. ��e��s'Fy� �Ex"��'�::� ��.�° ' Item # 10 Attachment number 2 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? �(A„ �oit��s' st�'� 'i'O i dtn�l''� i1J �el � /"'1C►� t`G D M/1 �4i. e�a�,oA�1 � d`�- � rY�'- CO�.�tG I,/ I�i�� la!' C �-�r /�a-..�.� � 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? O^ �-' �i 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? � f it � �'c�,. 001 /�' ! nC � PS. � T k�..sa '�. �,..�P c.v�' � ��j, -�c; s; o.� �'`�. o.� rt 4; �'+�oC' �, oodf. / � 1 �t 4 CoK.►titi-.,; ¢j- �:c�,`v,'l-�'- �. �dv � 7'�, ��`^�l.�.,�,�t,e, q,� v,'lor�. %cY�J l'►�rt o,� C� ��o�.t: I �c;Sio�j Q��,`s.�� 1�-v� 2 �,'-+Ga �7'orti .!'l.r�►`.�. c� �-t.e. C...,w�...,..�, /�}'j..�leryCa�..,�� et� �t /�C1$ �-.� �-.- .f3• �i�lJt��- S� A��S �l%; �h.e,C. W r%( 4 ��OV f"C.. 'f� �� l� i�' f i.t. �aw...d l.,. nn:n� // 4. Why do you want to serve on this Board? ��. I ou.e.. C��r�g-k-r ---� 3- v� -� �-t.��... r�,�. �. �-� , � ��efs tc.-�.. �e.e.�ll a� q/I ;� c,•�,•z�,,�. � .L �e � �-..�rf' � � l�, e,Kpc�; �c.. , �-..o� e..a-�� tc � 4-.� l.�.Ip � a-,,� ��,,; r� b°°✓d •� So �.�. �`0�`1 Board Name: %�} ��`�G!- ' �o�-t�,.�,,,�'�- �edG �br-+•.•�f" Up°%� o�.h a�,`� _�'��'�orid�- Z.°``.�- �e,le I c�D�,yf' %�'�� '� C Le i '�t.. � �'�ri �-C. /�� v� So�. �b'�u� � �� `�o.,�..a.�t-g� �4�,,,:r� IIo�� Item # 10 0 � Name: CITY OF CLEARWATER - APPLICATION FOR ADVISO (must be Clearwater resident) �� Home Address: �o r� I�3Ri �SP�� -�E Cl.6r�Rw►�TF(Z Zip 337�7 Telephone: � a� - `�a3 - �5 (o S Cell Phone: '` �� How long a resider.t of Clearwater?� Occupation: �vscNesS o�N� ,- s Office Address: Attachment number 3 Page 1 of 2 �� C� � �'1 (�_. � �� ....�. e.... �...� � a i � �Y .. 6�QQ� ' L+ i _°'' 7�i l � '(�NGr�55 S i PO�i (��c,N �`� Zip 3y��°� Telephone: �27- �3y �- y 3 oa E-mail Address: �c�-�I� �i� I �S�c��c�a..ks ��bm � Employer. (�v�FS� r�� 0�5 � vrvSl�� c, � � �v Field of Education: Other W�k �xperience: ' S ��o aF .� �5-CLR�✓n- �{7A�� -` St�Ow QvE� �+ G��SES �,l �y Qc.r+-� — ��ND�,�6 M��u�3c/L- L�/Lc,r.�tr2 ,C3c-r% �' l-�rA-�+v� r3 � O G G°�r�-t t�-� �� If retired, former occupation: Community Activities: C,o�c.��-t� n� v�/n,�; �� 3 � �� Other Interests: Board Service (current and past): �1�42 � r�� AJ� �So►Z.�( �o�f�� Additional Comments: Board Preference: �vt /-1'/L--t .v �9- � ✓ �S� �-i� �f O�� Signe : Date: /�� ofl See attac ed li 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 # 10 � BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? �i �s7 ►�� M �e✓� �� / �� _ a�o � Attachment number 3 Page 2 of 2 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? VCS 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? .�- ��Sr pGn1 i R-N �7 ��Si Ne5 S N'1e.� �3�2 OG �'o/f1 v�?�N� i y -- �J A S � � v �-(L-7 �,Vl �- M i3 €,2. 4. Why do you want to serve on this Board? -� 10 �.EWt d� � r� A LT i�� I n� ��E /h �2 i N� �✓�e c, o�tit e,.�r i /r� G��!-w A � �t— Name: �{ ,A ��. J < 1�E ��EY Board Name: M A-2� N A A.�v c S� 2`� � a'(�" � Item # 10 Attachment number 4 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BC��t"J (must be Clearwater resident) �� L 1, , � , .� �� Ho� e Add re�s l`� � /,�� i� � / � .�J N �,(��c.ti.� " Zip�� v`�� Telephone: ��%�-?'`h' "��c� �� Cell Phone: %�7 �% '�°�-3� J How l�ng a r�sident of ClearwGter? Occupation: /`74Y�%'ft(9��' �t Field of Education: r��r�-�' � �- � �--, � ! �. c_,� If retired, former occupation: Offi ddress ��F��' �� d I.�GISiA1NE SRVCS pEP7' Telephone: E-mail Address: l�..�i Zlp r: `',�, C./ /V � Cr%%�G/��`� � 2�-�'/G�„�. • . • / ' • � ,� : - - " /I. f ,..1 _�ti .s � �y . �� - t� � i � Community Activities: '' ,r /��d/�'S , �/��`�"�'L`►� j � �d��l''I �3 �Y— �t�%��fid �� r � l Other Interests: • Board Service (current and past): Additional Comments: Signed: :�. • ' - � ;, �/ � � ' ' ' r, ,� '' _ , /� � L. � � ��.. 11i � � � i� � � _, ,� �, / �� , , � � � ` � Date: ��/ d � 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. Boz 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 10 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? I , Attachment number 4 Page 2 of 2 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? � �n�L•• r— •--.. ._._�a a— ��...... ..... aL.:.. []......,J� \ � �, < / �, /� Name: � � � :��G%�-i c Board Name: I[�ii�:�i[�7 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8243-11 on second reading, rescinding Ordinances 8203-10, 8204-10, and 8205-10. SUMMARY: Review Approval: Meeting Date:2/28/2011 Cover Memo Item # 11 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8243-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RESCINDING ORDINANCES NOS. 8203-10, 8204-10 AND 8205- 10; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater previously adopted Ordinance Nos. 8203-10, 8204-10 and 8205-10, effective September 9, 2010, which annexed certain property stated to be located at 2270 Landmark Drive; and designated a Comprehensive Plan land use category of Recreation/Open Space and a Zoning District of Open Space/Recreation upon annexation; and WHEREAS, the mailing address stated in said Ordinances was incorrect, the correct address actually being 2270 Landmark Drive; and WHEREAS, it is thus necessary to rescind the annexation, comprehensive plan amendment/designation and zoning designation in order that they be readopted by means of the proposed Ordinances Nos. 8203-10, 8204-10 and 8205-10; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Ordinance Nos. 8203-10, 8204-10 and 8205-10 are hereby rescinded, and shall be of no further force and effect. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Ordinance No. I$�kii$� 111 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:2/28/2011 Adopt Ordinance 8240-11 on second reading, annexing certain real property whose post office address is 2270 Landmark Drive, together with abutting right-of-way on the north side of the subject parcel and the right-of-way of Landmark Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 12 Attachment number 1 Page 1 of 1 PROPOSFD ANNEXATiON MAP Owner: City of Clearwater Case: ANX201 p-05002 Corrective Property Size Site: 2270 �and�ark �rive {qcres): 26.993 �+ 2.00 Acres ROW Lpnd Use Zoning P I N: 1 32-28-16-00000-410-0100 From : R/OS A-E To: R/OS OS/R Atlas Page: 2446 EXHI$IT A C:1Documents and Se[tingslellen.ayolLocalSettingslTemporary Internet FileslContent.0utlook1529TIX6V1ANX2010-05002 Co ective rxoP.ao�X �tem # 12 Attachment number 2 Page 1 of 2 ORDINANCE NO. 8240-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LANDMARK DRIVE APPROXIMATELY 650 FEET SOUTH OF MARLO BOULEVARD, DIRECTLY SOUTH OF CHAUTAUQUA PARK EAST, CONSISTING OF A PORTION OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2270 LANDMARK DRIVE, TOGETHER WITH ABUTTING RIGHT-OF-WAY ON THE NORTH SIDE OF SUBJECT PARCEL AND THE RIGHT-OF- WAY OF LANDMARK DRIVE, 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: The east 965.08 feet of the North'/ of the Southeast'/4 of Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, less the South 33 feet thereof; also less the East 33 feet thereof; also less the North 33 feet thereof, all as conveyed to Pinellas County for public road by Quit Claim Deed recorded March 21, 1960 in O.R. Book 857, Page 544, Public Records of Pinellas County, Florida, together with abutting right-of-way on the north side of subject parcel and the right-of-way of Landmark Drive. (ANX2010-05002 Corrective) The map or maps attached as Exhibit(s) are hereby incorporated by reference. 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. Item # 12 Ordinance No.8240 -11 Attachment number 2 Page 2 of 2 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 Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 12 Ordinance No.8240 -11 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:2/28/2011 Adopt Ordinance 8241-11 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 2270 Landmark Drive, together with abutting right-of-way on the north side of the subject parcel and the right-of-way of Landmark Drive, upon annexation into the City of Clearwater, as Recreation/Open Space (R/OS). SUMMARY: Review Approval: Cover Memo Item # 13 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8241-11 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 WEST SIDE OF LANDMARK DRIVE APPROXIMATELY 650 FEET SOUTH OF MARLO BOULEVARD, DIRECTLY SOUTH OF CHAUTAUQUA PARK EAST, CONSISTING OF A PORTION OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2270 LANDMARK DRIVE, TOGETHER WITH ABUTTING RIGHT-OF-WAY ON THE NORTH SIDE OF SUBJECT PARCEL AND THE RIGHT-OF-WAY OF LANDMARK DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RECREATION/OPEN SPACE (R/OS); 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, FLORI DA: 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 Cateqory The east 965.08 feet of the North Recreation/Open Space (R/OS) '/ of the Southeast '/4 of Section 32, Township 28 South, Range 16 East, Pinellas County, Florida less the South 33 feet thereof; also less the East 33 feet thereof; also less the North 33 feet thereof, all as conveyed to Pinellas County for public road by Quit Claim Deed recorded March 21, 1960 in O. R. Book 857, Page 544, Public Records of Pinellas County, Florida; together with abutting right-of-way on the north side of subject parcel and the right- of way of Landmark Drive. (ANX2010- 05002 Corrective) The map or maps attached as Exhibit(s) are hereby incorporated by reference. Item # 13 Ordinance No. 8241-10 Attachment number 1 Page 2 of 2 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. 8240 -11. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 13 Ordinance No. 8241-10 Attachment number 2 Page 1 of 1 Owner: City of Clearwater Site: 2270 Landmark Drive From : To: Land Use R/OS R/OS FUTURF LAIVD USF MAP Zoning A-� Case: Property Size (Acresj: PIN: OS/R Atlas Page: EXHIBIT A ANX2010-05002 Carrective 26.993 + 2.�0 Acres ROW 32-28-16-00000-410-0100 244B C:1Documents and Settings1e11en.ayolLocal SettingslTemporary Internet FileslContent.0atiook1529TTX6V1ANX2010-D5062 Co�tem # 13 PLU. aocx Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:2/28/2011 Adopt Ordinance 8242-11 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2270 Landmark Drive, together with abutting right-of-way on the north side of the subject parcel and the right-of-way of Landmark Drive, upon annexation into the City of Clearwater, as Open Space/Recreation (OS/R). SUMMARY: Review Approval: Cover Memo Item # 14 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8242-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LANDMARK DRIVE APPROXIMATELY 650 FEET SOUTH OF MARLO BOULEVARD, DIRECTLY SOUTH OF CHAUTAUQUA PARK EAST, CONSISTING OF A PORTION OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST,WHOSE POST OFFICE ADDRESS IS 2270 LANDMARK DRIVE, TOGETHER WITH ABUTTING RIGHT-OF-WAY ON THE NORTH SIDE OF SUBJECT PARCEL AND THE RIGHT- OF-WAY OF LANDMARK DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS OPEN SPACE/RECREATION (OS/R); 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 Zoninq District The east 965.08 feet of the North'/ of the Open Space/Recreation (OS/R) Southeast'/4 of Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, less the South 33 feet thereof; also less the East 33 feet thereof; also less the North 33 feet thereof, all as conveyed to Pinellas County for public road by Quit Claim Deed recorded March 21, 1960 in O. R. Book 857, Page 544, Public Records of Pinellas County, Florida; together with abutting right-of-way on the north side of subject parcel and the right-of-way of Landmark Drive. (ANX2010- 05002 Corrective) The map or maps attached as Exhibit(s) are hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Item # 14 Ordinance No. 8242-11 Attachment number 1 Page 2 of 2 Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8240-10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 14 Ordinance No. 8242-11 Attachment number 2 Page 1 of 1 Owner: City of Clearwater Site: 22i0 Landmark Drive From : To: Lc�r�d EJse R/OS R/05 Z4NlNG MAP Case: P�operty Siz� (Acres]: Zoning PIN: A-E OS/R I Atlas Page: EXHZBTT A ANX2010-05002 Correcfiive 26.993 + 2.00 Acres ROW 32-28-16 -00000-410-0100 244B S:1Planning DepartmenYlC D BIARnexations {ANX)IANX - 20101ANX2010-05002 - 2271 Landmazk Drive - City of CleaiwaterlCorrected Address - 2270 Landmark DrivelMapslANX2010-05002 Corrective ZONE.docx Item # 14 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Meeting Date:2/28/2011 Cover Memo Item # 15 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Advisory Board Requirements - Councilmember Gibson SUMMARY: Review Approval: Meeting Date:2/28/2011 Cover Memo Item # 16 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Progress Energy/Island Estates Undergrounding of Utilities SUMMARY: Review Approval: Meeting Date:2/28/2011 Cover Memo Item # 17 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Business Forum - Mayor Hibbard SUMMARY: Review Approval: Meeting Date:2/28/2011 Cover Memo Item # 18 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Zipline for Sand Key - Dev Pathik, Founder and CEO Clearwater Canopy Tours SUMMARY: Review Approval: 1) Clerk Meeting Date:2/28/2011 Cover Memo Item # 19 � �`' BOARD OF COUNTY COMMISSIONERS Nancy Boslock Neil Brickfield Susan Latvala Jahn Alorroni Norm Roche Karen Williams Seef Kenneth T. 1Yelch February 28, 2011 William Horne, City Manager Clearwater City Hal{ 1'f2 S. Osceola Ave, C(earwater, FL 33756 � � Dear Mr � Attachment number 1 Page 1 of 5 pinel�aS Count� OFFICE O�' THE COUNTYADMINfSTRATOR Robert S, LaSala County Administrator It is my understanding the Clearwater City Council has invited Clearwater Canopy Tours to give a brief presentation an their proposed Sand Key Park zipline at your February 28, 2011 Work Session. In anticipation of that presentation, l wanted to provide you with some background informatian on the genesis of this project. Staff was originalfy contacted in late 2009 by an atforney representing Mr. Dev Pa#hik and Clearwater Canopy Tours/Sports Faciiity Advisory {SFA). Mr. Pathik was subsequenfly invited to make a presentation to the citizen Parks and R�creation Advisory Board, which he and his associates did on January 21, 2010. The response to the proposal was generally favorable, and Mr. Pathik was asked to provide additional details of his proposal at a iater meeting. Subsequeni to that meeting, staff met with Clearwater Canopy Tours onsite at Sand Key Park to develop a better understanding of their proposal. A secon� presentation was made ta the Parks and Recreation Advisory Board on May 20, 2010 which provided a more detailed explanatian of the anticipated business plan and included computer generated graphics of the aerial towers. After the presentation, the Parks and Recreation Advisory Board made a unanimous recommendation to staff to proceed with a request for proposa( for an "eco-adventure" type concession that would combine outdoor educafion with physical activify such as a zipline, ropes cou�se, climbing walfs, etc. An informal request for proposal (RFP) was issued by fhe County's Purchasing Department on October 21, 2010 with a submittal date of November 16, 2010. The department received one response to the RFP, which was submitted by Clearwater Canopy Tours. An evaluation committee comprised of the County's park manager, risk manager, and City of Clearwater park superintendent 315 Court Street, Room 601 I Cleanvater, Florida 33756 Phone: (727) 4G4•3485 FAX: (727) 4G4-4384 4Vebsite: www.pinel��n�e.a,�O� � y _ 2p,��\ I �C`•' �\�'U � 1 reviewed the proposal response and recommended the proposal proceed io negotiation, albeit with some reservations due ta a desire for more detailed information not available in the submitted proposal. Copies of the original RFP as well as the Clearwater Canopy Tours submittal have been pravided to Mayor Hibbard and Mr. Rod Irwin. Based on that information, staff met with Clearwater Canopy Tours and indicated to them fhat before a contract could be negotiated they would need assurances that the project was buildable as proposed, To that end, staff advised Clearwater Canopy Tours to meet with the Sand Key Civic Associafion and City of Clearwater Building Department as part of #heir due diligence. County staff has also met with Ms. Cynthia Remley, Ms. JoEI(en Farnham and Mr. Gene Gillespie of the Sand Key Civic Association to answer questions, pravide information and address concerns. From our standpoint, the project meets the initiatives described in the County's 2005 Recreaiion, Open Space and Culture System Master Plan, specifically to "inject (ife, color and energy into the regionaf parks and preserves". In addition, the proposal has the potential to provide additional revenues to the County, as we11 as surrounding hotefs and businesses, with minimal to zera impacts on the park's natural resources, area traffie, and adjacent neighbors. I anticipate that should this proposal reach the contract negotiation phase I will schedule this as a workshop item for the Board of County Commissioners to discuss. !n the meantime, if you have any questions ar need additional information, please do not hesitate to contact me. Sincerely, KJ � ---=-' Robert S. LaSala Pinellas County Administrator Attachment number 1 Page 2 of 5 Item # 19 l� Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: MPO/PPC Update - Councilmember Cretekos SUMMARY: Review Approval: 1) Financial Services 2) Clerk Meeting Date:2/28/2011 Cover Memo Item # 20 Work Session Council Chambers - City Hall Meeting Date:2/28/2011 SUBJECT / RECOMMENDATION: National Sleep Awareness Week Proclamation (March 7-13, 2011) Marietta Bibbs, Manager of Sleep Disorders Center at Mortan Plant Mease SUMMARY: Review Approval: Cover Memo Item # 21 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clean Marine presentation for the Clearwater Harbor Marina - Bill Morris, Dir. Marine and Aviation SUMMARY: Review Approval: Meeting Date:2/28/2011 Cover Memo Item # 22