03/03/2011
- City Council Agenda
Location: Council Chambers - City Hall
Date: 3/3/2011- 6:00 PM
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your
name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless
otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a
spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the
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dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more
than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly
supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours
prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are
available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the
meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Presentations
4.1 National Sleep Awareness Week Proclamation (March 7-13, 2011) Marietta Bibbs, Manager of Sleep
Disorders Center at Morton Plant Mease
Attachments
4.2 Clean Marine presentation for the Clearwater Harbor Marina - Bill Morris, Dir. Marine and Aviation
Attachments
5. Approval of Minutes
5.1 Approve the minutes of the February 17, 2011 City Council Meeting as submitted in written summation
by the City Clerk.
Attachments
6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7. Second Readings - Public Hearing
7.1 Adopt Ordinance 8243-11 on second reading, rescinding Ordinances 8203-10, 8204-10, and 8205-10.
Attachments
7.2 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
7.3 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
7.4 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
City Manager Reports
8. Consent Agenda
8.1 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
8.2 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)
Attnchmentc
8.3 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)
Attachments
8.4 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, contingent upon adoption of Ordinance 8246-11. (consent)
Attachments
8.5 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
8.6 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
8.7 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
8.8 Reappoint Tom Calhoun to the Marine Advisory Board with term to expire March 31, 2015.
Attachments
9. Other Items on City Manager Reports
9.1 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
9.2 Continue to March 17, 2011: Approve a Work Order to Engineer of Record Reiss Engineering Inc. for
Stormwater Modifications to Town Pond in the amount of $294,569.
B Attachments
Miscellaneous Reports and Items
10. City Manager Verbal Reports
10.1 Clearwater Beach Uncorked Event
Aanchmcmts
11. Closing Comments by Mayor
12. Adjourn
City Council Agenda
Council Chambers - City Hall
Meeting Date:3/3/2011
SUBJECT / RECOMMENDATION:
National Sleep Awareness Week Proclamation (March 7-13, 2011) Marietta Bibbs, Manager of Sleep Disorders Center at Morton
Plant Mease
SUMMARY:
Review Approval:
Cover Memo
Item # 1
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Clean Marine presentation for the Clearwater Harbor Marina - Bill Morris, Dir. Marine and Aviation
SUMMARY:
Meeting Date:3/3/2011
Review Approval:
Cover Memo
Item # 2
City Council Agenda
Council Chambers - City Hall
Meeting Date:3/3/2011
SUBJECT / RECOMMENDATION:
Approve the minutes of the February 17, 2011 City Council Meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval:
Cover Memo
Item # 3
Attachment number 1
Page 1 of 15
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George
N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
Also Present: William B. Horne -City Manager, Jill S. Silverboard -Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Patricia O. Sullivan - Board
Reporter.
Unapproved
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. Call to Order - Mayor Frank Hibbard
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation - Councilmember George N. Cretekos
3. Pledge of Allegiance - Mayor Frank Hibbard
4. Presentations - Given
4.1 Service Awards
The Bimonthly Team Award for January/February 2011 was presented to the
Clearwater Police Department Dispatcher Team, Tashandra Lankford and Brenda
McLaughlin.
4.2 2011 Winter Homes, Neighborhood, and Business of the Quarter
The Neighborhood and Homes of the Quarter Award was presented to the Woodgate I
and II neighborhood. The Home of the Quarter Awards were presented to Glenn De
Costa, 1028 Granada Street; Joseph and Johness Regan, 2056 Imperial Way; Luke
and Traci Lirot, 2000 Magnolia Avenue; and Todd Olson and Kimberly Morge, 1411 N.
Osceola Avenue. The Winter 2011 Business of the Quarter Award was presented to
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Harbor Oaks Office and Fisher and Associates, LLC located at 1001 South Fort
Harrison Avenue.
4.3 Chanukah Celebration at City Hall, 2010 -Rabbi Shmuel Reich
Rabbi Reich thanked the City for its support and presented the Mayor a book
commemorating the event.
4.4 Clearwater Community Sailing Center - Anne Garris
Ms. Garris reviewed recent and upcoming events scheduled at the Clearwater
Community Sailing Center for tourists and local residents.
5. Approval of Minutes
5.1 Approve the minutes of the February 3, 2011 City Council Meeting as submitted
in written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the February 3, 2011 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Joe Paige supported the Governor's rejection of federal funds for rail and opposed the
city's proposed Business Task Force.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the proposed City of Clearwater's Substantial Amendment to the Fiscal
Year 2010-2011 Consolidated Action Plan to include the Fiscal Year 2010-2011
Neighborhood Stabilization Program 3 Action Plan, accept future funding in the
amount of $1,385,801 to implement Action Plan activities and authorize the
appropriate officials to execute same.
Pursuant to federal regulations published in the Federal Register at 75 FR 64322
and regarding Title III of the Housing and Economic Recovery Act of 2008, as
amended, and in accordance with Title XII of Division A of the American
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Recovery Act of 2009, as amended, additional funds were allocated under
Section 1497 of the Wall Street Reform and Consumer Protection Act of 2010 for
the Neighborhood Stabilization Program 3 (NSP 3) and those established at 24
CFR Part 91 require the City of Clearwater to amend its Fiscal Year 2010-2011
Consolidated Action Plan to incorporate the proposed Fiscal Year 2010-2011
Neighborhood Stabilization Program 3 Action Plan.
The U. S. Department of Housing and Urban Development recently awarded the
City of Clearwater $1,385,801 in funding through the NSP 3 Program. The NSP
3 Program is designed to stabilize neighborhoods that have been and continue
to be damaged by the economic effects of properties that have been foreclosed
or abandoned. The program integrated the following principals:
Retain the Community Development Block Grant distinctive requirements
Target and reconnect neighborhoods
Rapidly arrest neighborhood decline
Assure deep targeting requirements
Ensure continued affordable housing
Support projects that optimize economic activity
Build inclusive and sustainable communities
Leverage resources
The NSP 3 Program has established five allowable housing strategies for
funding. They include using the funds for: 1) housing-related financing
mechanism, 2) acquisition and rehabilitation, 3) land banking, 4) demolition, and
5) redevelopment. It is proposed that the City use its funding in the following
manner:
Activity Amount # of Units
Housing Related
Financing Mechanism $ 350,000 6
Acquisition and
Rehabilitation $ 397,221 4
Redevelopment $ 500,000 10
Administration $ 138,508
TOTAL $1,385,801 20
The City reserves the right to reallocate funding totals and number of units from
one activity to another in order to respond to market opportunities and/or meet
designated timeframes for expenditures of funds.
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The target areas identified by HUD include the city-approved Neighborhood
Revitalization Strategy Areas to include portions of the North Greenwood, South
Greenwood, and East Gateway Strategy Areas. These funds will work similar to
our current CDBG and HOME funding in that the funds are drawn down once the
activity occurs.
Councilmember George N. Cretekos moved to approve the proposed City of
Clearwater's Substantial Amendment to the Fiscal Year 2010-2011 Consolidated Action
Plan to include the Fiscal Year 2010-2011 Neighborhood Stabilization Program 3 Action
Plan, accept future funding in the amount of $1,385,801 to implement Action Plan
activities and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
7.2 Rescind Ordinances 8303-10, 8304-10 and 8305-10 and pass Ordinance 8243-
11 on first reading. (ANX2010-05002 Corrective)
Annexation case ANX2010-05002, involving property located on the west side of
Landmark Drive, approximately 650 feet south of Marlo Boulevard and directly
south of Chautauqua Park East, was passed on second reading by City Council
on September 9, 2010.
Subsequently, it was brought to the Planning and Development Department's
attention that the physical address assigned to the subject property (2271
Landmark Drive) was incorrect. City legal staff advised that the ordinances
concerning the annexation would need to be rescinded and replaced.
New ordinances pertaining to the annexation of the subject property will be
brought to City Council for consideration upon the repeal of the original
ordinances.
Councilmember Paul Gibson moved to rescind Ordinances 8303-10, 8304-10 and 8305-
10. The motion was duly seconded and carried unanimously.
Ordinance 8243-11 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8243-11 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
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"Nays": None.
7.3 Approve the annexation, initial Future Land Use Map designation of
Recreation/Open Space (R/OS) and initial Zoning Atlas designation of Open
Space/Recreation (OS/R) District for 2270 Landmark Drive (East 965 feet of
North of Southeast of Section 32, Township 28 South, Range 16 East, less
roads on North, East and South); and pass Ordinances 8240-11, 8241-11 and
8242-11 on first reading. (ANX2010-05002 Corrective)
Annexation case ANX2010-05002 was passed on second reading by City
Council on September 9, 2010. The associated ordinances have since been
repealed due to an error in the physical address assigned to the parcel.
Corrected ordinances replacing the repealed ordinances are provided herewith
for consideration by City Council.
The voluntary annexation petition involves a 26.993-acre property consisting of
one vacant parcel of land. It is located on the west side of Landmark Drive
approximately 650 feet south of Marlo Boulevard and directly south of
Chautauqua Park East. The applicant (City of Clearwater) is requesting an
annexation of the subject property, which was purchased by the City in 2009 for
development as an equestrian park. The Planning and Development Department
is requesting that the 2.00 acres of abutting North Drive and Landmark Drive
rights-of-way not currently within the city limits also be annexed. The property is
contiguous to existing city boundaries to the north, south and east. It is proposed
that the property be assigned a Future Land Use Map designation of
Recreation/Open Space (R/OS) and a zoning category of Open
Space/Recreation (OS/R).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
The City will provide domestic water and sanitary sewer lines to the property
when necessary to support any permanent structures on the site. Collection of
solid waste will be provided by the City of Clearwater. The property is located
within Police District III and service will be administered through the district
headquarters located at 2851 North McMullen Booth Road. Fire and emergency
medical services will be provided to this property by Station 50 located at 2681
Countryside Boulevard. The City has adequate capacity to serve this property
with sanitary sewer, solid waste, police, fire and EMS service. The proposed
annexation will not have an adverse effect on public facilities and their levels of
service; and
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The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
The proposed R/OS Future Land Use Map category is consistent with the
current Countywide Plan designation of this property. This designation primarily
permits public/private open spaces, parks and recreation facilities. The proposed
zoning district to be assigned to the property is the Open Space/Recreation
(OS/R) District. The proposed use of the subject property is consistent with the
uses allowed in the OS/R District and the property exceeds the District's
minimum dimensional requirements. The proposed annexation is therefore
consistent with the Countywide Plan and the City's Comprehensive Plan and
Community Development Code; and
The property proposed for annexation is contiguous to existing city boundaries to
the north, south and east; therefore the annexation is consistent with Florida
Statutes Chapter 171.044.
Vice Mayor John Doran moved to approve the annexation, initial Future Land Use Map
designation of Recreation/Open Space (R/OS) and initial Zoning Atlas designation of
Open Space/Recreation (OS/R) District for 2270 Landmark Drive (East 965 feet of
North of Southeast of Section 32, Township 28 South, Range 16 East, less roads on
North, East and South). The motion was duly seconded and carried unanimously.
Councilmember George N. Cretekos moved to pass Ordinance 8240-11 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
Councilmember Paul Gibson moved to pass Ordinance 8241-11 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
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Councilmember Bill Jonson moved to pass Ordinance 8242-11 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 8234-11 on second reading, annexing certain real property
whose post office addresses are 1809 and 1836 Diane Drive, 2762, 2763, 2766,
2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790, and
2791 Diane Terrace, 1724, 1765, and 1772 El Trinidad Drive East, 1704, 1721,
1724, 1725, 1728, 1733, and 1737 Evans Drive, 1721, 1724, 1747, and 1750
Grove Drive, 1717, 1740, and 1747 Lucas Drive, 1817 and 1831 Marilyn Drive,
1813, 1819, 1824, and 1831 Skyland Drive, 2740, 2751, 2759, and 2770 Terrace
Drive, 1704, 1721, 1729, 1737, and 1755 Thomas Drive, together with abutting
right of way of Diane Terrace, into the corporate limits of the city and redefining
the boundary lines of the city to include said addition.
Planning and Development Director Michael Delk requested that this Item be continued
to March 17, 2011.
Property owner William Lawson said the County had done a hydro survey of a retentior
pond that extends from behind his home and several others into public right-of-way; his
property is scheduled for annexation. Mr. Delk requested time to determine the status
of County efforts.
Vice Mayor John Doran moved to continue Item 8.1 to March 17, 2011. The motion
was duly seconded and carried unanimously.
8.2 Adopt Ordinance 8235-11 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 addresses are 1809 and 1836 Diane
Drive, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782,
2783, 2786, 2787, 2790, and 2791 Diane Terrace, 1724, 1765, and 1772 El
Trinidad Drive East, 1704, 1721, 1724, 1725, 1728, 1733, and 1737 Evans
Drive, 1721, 1724, 1747, and 1750 Grove Drive, 1717, 1740, and 1747 Lucas
Drive, 1817 and 1831 Marilyn Drive, 1813, 1819, 1824, and 1831 Skyland Drive,
2740, 2751, 2759, and 2770 Terrace Drive, 1704, 1721, 1729, 1737, and 1755
Thomas Drive, together with abutting right of way of Diane Terrace, upon
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Page 8 of 15
annexation into the City of Clearwater, as Residential Low (RL) and Drainage
Feature Overlay.
AND
8.3 Adopt Ordinance 8236-11 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office addresses are 1809 and
1836 Diane Drive, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779,
2782, 2783, 2786, 2787, 2790, and 2791 Diane Terrace, 1724, 1765, and 1772
El Trinidad Drive East, 1704, 1721, 1724, 1725, 1728, 1733, and 1737 Evans
Drive, 1721, 1724, 1747, and 1750 Grove Drive, 1717, 1740, and 1747 Lucas
Drive, 1817 and 1831 Marilyn Drive, 1813, 1819, 1824, and 1831 Skyland Drive,
2740, 2751, 2759, and 2770 Terrace Drive, 1704, 1721, 1729, 1737, and 1755
Thomas Drive, together with abutting right of way of Diane Terrace, upon
annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
Councilmember George N. Cretekos moved to continue Item 8.2 to March 17, 2011.
The motion was duly seconded and carried unanimously.
9. Consent Agenda - Approved as submitted less Item 9.2.
9.1 Approve settlement of the liability claim of Patricia Lynch for payment of $65,000
and authorize the appropriate officials to execute same. (consent)
9.3 Approve an Amended and Restated Business Lease between the Greater
Clearwater Chamber of Commerce (Chamber) and the City of Clearwater (City)
for the use of the Lokey Building, located at 401 Cleveland Street, from March 1,
2011 to February 28, 2013 (Additional Extended Term) at $3,000 per month;
reduce rent payments due under the current lease term for the months of
January and February 2011 from $5,720 per month to $3,000 per month, and
provide for the rescission of the ad valorem tax escrow payment for each year in
which the Lessee secures an ad valorem tax exemption from the Pinellas County
Property Appraiser and authorize the appropriate officials to execute same.
consent
9.4 Approve a Contract (Blanket Purchase Order) to Fleet Products Inc. of Tampa,
FL in the amount of $200,000 for the purchase of replacement vehicle parts used
by all City Departments, during the contract period February 18, 2011 through
February 17, 2013, in accordance with Sec. 2.564(1)(d), Code of Ordinances -
Pinellas County Bid 078-0185-B and authorize the appropriate officials to
execute same. (consent)
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9_5 Authorize placement of Restrictive Covenant over City Right of Way located at
North Martin Luther King Avenue and Carlton Street and authorize the
appropriate officials to execute same. (consent)
9.6 Approve Geosyntec Supplemental Agreement 1 for an Environmental
Assessment of Joe DiMaggio Sports Complex in the amount of $21,493.00 plus
an additional contingency in the amount of $22,506.20 for a total increase in the
amount of $43,999.20. (consent)
Vice Mayor John Doran moved to approve the Consent Agenda as submitted, less Item
9.2, and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
9.2 Approve the grant agreement between the City of Clearwater and the Florida
Department of Environmental Protection Office of Greenways and Trails (OGT)
for a Recreational Trails Program (RTP) grant in the amount of $200,000 for the
construction of trails within the Lake Chautauqua Equestrian and Nature
Preserve and authorize the appropriate officials to execute same. (consent)
The City has been awarded a matching grant in the amount of $200,000 for the
design and construction of a trail system within Lake Chautauqua Equestrian
and Nature Preserve. The approval of this grant and the construction of trails
within the Lake Chautauqua Equestrian and Nature Preserve are consistent with
and required by the Management Plan as approved by the Florida Communities
Trust (the funding source for acquisition). The trail will be designed to be
ecologically sensitive and comprised of shell and will be constructed in a manner
to accommodate equestrians, mountain bicyclists, joggers and walkers. Other
elements of the project will include improved access and benches. The trail has
been designed and will go out to bid once the grant is approved, with a projected
award date of October 2011. Funding for the entire project will come from this
RTP grant of $200,000 and $200,000 available in the Recreation Trails CIP
93272. This grant was brought forward and approved by the Resource
Management Committee at their March 3, 2010 meeting. Future maintenance of
the trails will be provided through the adopt-a-park program volunteers and
existing park maintenance staff. There will be no additional FTE requirements.
No additional operating impacts are needed to support this project.
One individual spoke in opposition.
Councilmember Paul Gibson moved to approve the grant agreement between the City
of Clearwater and the Florida Department of Environmental Protection Office of
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Greenways and Trails (OGT) for a Recreational Trails Program (RTP) grant in the
amount of $200,000 for the construction of trails within the Lake Chautauqua Equestrian
and Nature Preserve and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
City Manager Reports
10. Other Items on City Manager Reports
10.1 Provide direction regarding an alternate site at Court and Madison streets for the
Fire Station 45 Renovation project.
Council directed staff to consider alternate sites prior to approving the design
work order for the station renovation at the existing, Franklin Street, site. Fire
and Engineering staff has completed one-on-one meetings with Councilmembers
in November, reviewing seven locations in the Downtown District.
HDR was hired to conduct a site analysis. The report shows that the new site
will work for the station layout contingent on the vacation of a portion of Brownell
Street, the purchase of two parcels on Court Street, additional costs for site
construction and permitting requirements. Demolition of two existing Parks and
Recreation storage buildings will be required. Approximately 6 months and $1
million would be added to the 2-year design and construction project. Figures 9
and 10 of the Site Analysis Report refer the proposed layout.
A Capital Improvement Project (CIP) was established and funded with $3.0
Million in 2006 to begin preparations to replace the downtown station. The
current CIP plan calls for an additional $4,057,520 of Penny III funds in Fiscal
Year 2012 to begin construction of the station at the current location. The
required funding in Fiscal Year 2012 would need to be increased to $5,057,520
to construct at the new location.
The Fire Department has three additional station construction/renovation
projects to be undertaken once the Main Station is completed. The timetable for
those projects is under review and will be dependent on the timing of the Main
Station project.
Interim Fire Chief Robert Weiss said the analysis of the Court and Madison site was
positive; development will require the purchase of two parcels and partial vacation of
Brownell Street.
Vice Mayor John Doran moved to direct staff to proceed with negotiations to purchase
the two parcels for the Fire Station 45 Renovation project. The motion was duly
seconded and carried unanimously.
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10.2 Continued to 3/3/2011: 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.
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.
Staff requested that Item 10.2 be continued to March 3, 2011 to allow time for the
Sheriff to respond to staff's inquiry regarding cost for traffic homicide investigation
services.
Councilmember George N. Cretekos moved to continue Item 10.2 to March 3, 2011.
The motion was duly seconded and carried unanimously.
10.3 Approve an Agreement to Assign, Transfer and Dedicate as Public Road
(Excaliber Drive) and adopt Resolution 11-03.
Excaliber Drive was created as a private street when the Rosewood Subdivision
was platted in 1984. All associated maintenance responsibilities were assigned
to the lot owners in the subdivision.
In April 2010, representatives of the subdivision approached the City about the
possibility of dedicating the street and future maintenance responsibilities to the
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Attachment number 1
Page 12 of 15
City. They were informed that in order for the City to consider this request the lot
owners would be required to upgrade the street to city standards. Required
improvements identified included resurfacing and curb and sidewalk
replacement. A cost estimate was prepared and provided to the 12 lot owners.
Each of them signed a petition agreeing to share equally these costs to upgrade
the street to city standards.
The City bid this work as a part of the 2010 Street Resurfacing Project and
provided the actual costs to the lot owners ($1743.17 per lot). They have all
agreed that this cost is satisfactory and have executed the Agreement to Assign
Transfer and Dedicate as Public Road.
The City has scheduled the resurfacing, curb and sidewalk work and the lot
owners have agreed to reimburse the City within 30 days of completion of the
work. They have also created a contingency fund in the event of any shortfall.
Upon City receipt of all required funds, Excaliber Drive will become a City street.
In that the City will be receiving a newly upgraded street, future maintenance
responsibilities will be minimal and will not adversely impact the road
maintenance budget.
One individual spoke in support and thanked staff for their efforts.
Councilmember Paul Gibson moved to approve an Agreement to Assign, Transfer and
Dedicate as Public Road (Excaliber Drive). The motion was duly seconded and carried
unanimously.
Councilmember Bill Jonson moved to adopt Resolution 11-03. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N.
Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson.
"Nays": None.
10.4 Approve Construction Manager at Risk for Continuing Contracts (CMR) with
Angle and Schmid, Inc., Biltmore Construction and Peter Brown Construction for
a period of two years with an option to renew for an additional two-year period
commencing March 1, 2011 and authorize the appropriate officials to execute
same. (consent)
Council 2011-02-17 12
Item # 3
Attachment number 1
Page 13 of 15
On November 1, 2010, Requests for Qualifications (RFQ 02-11) were solicited
from area firms to act as construction managers for the City in accordance with
Construction Manager at Risk (CRM) procedures. Seventeen responses were
received. A short list of four firms gave oral presentations to the selection
committee consisting of representatives from Parks and Recreation, Solid
Waste/General Services and Engineering. The three recommended firms were
selected based upon experience, financial capability, scheduling, cost control
and value engineering, project staff and availability, local knowledge and
Clearwater involvement. The CRM process is an alternative to traditional
bidding of projects as follows:
The CRM is brought into a project as early as possible in the design phase.
The CRM is responsible for soliciting bids from various sub-contractors who
would perform the work.
The CRM prepares a Guaranteed Maximum Price (GMP) for the project.
The CRM then manages the project through completion for the GMP.
The advantages of this approach over the design-bid-build approach can
include:
Contractor involvement in the project earlier providing opportunities to address
constructability issues and provide greater opportunities for value engineering.
Expediting projects by reducing the time for soliciting bids and allowing for
integrated construction (starting preparatory construction tasks before design is
complete). Utilizing appropriate sub-contractors that the CRM has experience
with.
Professional construction management at a fixed cost.
A Guaranteed Maximum Price that defers risk from the City to the CRM.
The City, the project design firm and the contractor can work as a team on the
project. Subject to approval in accordance with City purchasing policy, these
CRM's could be used by any City Department for an appropriate project with a
maximum value of $2 million.
Discussion ensued regarding the appropriate threshold level, as this change will permit
non-competitive procurements. It was recommended that an audit review the
continuing contracts after two years.
Council 2011-02-17 13
Item # 3
Attachment number 1
Page 14 of 15
Councilmember Doran moved to approve Construction Manager at Risk for Continuing
Contracts (CMR) with Angle and Schmid, Inc., Biltmore Construction and Peter Brown
Construction for a period of two years with an option to renew for an additional two-year
period commencing March 1, 201; amend threshold to $1 million and provide Council
with an audit review of the continuing contracts after two years; and authorize the
appropriate officials to execute same. The motion was duly seconded. Councilmembers
Doran, Cretekos, and Jonson and Mayor Hibbard voted "Aye"; Member Gibson voted
11 Nay."
Motion carried.
10.5 Appoint one member to the Environmental Advisory Board to fill the remainder of
unexpired term until September 30, 2013.
Councilmember Bill Jonson moved to appoint Elizabeth
Advisory Board to fill remainder of unexpired term until
motion was duly seconded and carried unanimously.
Miscellaneous Reports and Items
Drayer to the Environmental
September 30, 2013. The
11. City Manager Verbal Reports
11.1 Morn ingside Temporary Speed Tables - Norene M. Marlow, President,
Morningside Meadows Homeowner Association
The City Manager said the neighborhood wants to retain temporary speed tables
installed at the beginning of construction. Residents who live by temporary speed
tables on Harn Boulevard were polled. Six residents wanted them to remain, five said
no, and five did not respond.
Ms. Marlow said the board had voted 7:2 to keep the temporary speed tables. One
member abstained. She said by a show of hands at a previous meeting, approximately
50 of 52 attendees supported keeping the speed tables.
Traffic Operations Manager Paul Bertels said there are no plans to remove
neighborhood stop signs. Speed tables can be reformed to replicate the design of the
traffic-calming project; the $44,000 cost will come from project contingency funds.
Councilmember Gibson moved to direct staff to re-form the temporary speed tables to
replicate the traffic calming design. The motion was duly seconded and carried
unanimously.
Council 2011-02-17
14
Item # 3
Attachment number 1
Page 15 of 15
12. Other Council Action - None.
13. Closing Comments by Mayor
Mayor Frank Hibbard reviewed recent and upcoming events.
14. Adjourn
The meeting was adjourned at 7:26 p.m.
Attest
City Clerk
Mayor
City of Clearwater
Council 2011-02-17 15
Item # 3
March 3, 2011
My name is Al Brylewski
I am the newly elected President of Rustlewood Condominiums located at 2650
Countryside Blvd. directly to the east of Westfield Mall
I represent 144 taxpayers of which half are Snowbirds. Like many Condominiums we
have been the victim of a recession and bad banking policy. Our delinquencies have been
rising to $70,000 and growing. We are on the brink of bankruptcy.
I come before you today to make you aware of our crises over water consumption.
Our annual budget is $420,000 with an expenditure of over $180,000 for water.
With 144 units that averages about $1300.00 a year per resident. Keep in mind that half
of those residents are here less than 6 months with a large majority spending only 4
months.
I just became aware that your City has a minimum consumption rate based on water meter
size.
The city ofDunnedin has no such minimums.. As for example the Douglas Arms last
year paid $120,000, for water for 211 units for an average of $590.00 a year---less than
half of what we paid.
This coming year our projections are for water related services to jump to $213,000.
Following National and State mandates on water Conservation we have annually used
less than half of our water minimum.
As I said earlier neighbors such as Oldsmar, Safety Harbor and Dunedin have no such
minimums.
The result is that we have overpaid our water usage by close to 2 MILLION dollars over
the last 25 years.
Without relief we will continue to over pay our water by $100,000 annually
I've been to the Water Dept, Department of Engineering, as well as Planning.
The only recommendation is to downsize our water meters on our 4 largest Bldgs. They
have no solution for our 2 smaller bldgs who will continue to overpay their water by
$20,000,annualy.
uVid, *111
.WWI
I've also spoken to Nan Bemnet from Public Utilities who tells me that downsizing
meters is a bad idea.
We also recycle and receive no compensation for our efforts.
Also not true in other Communities.
We need your help or we will become a tax liability.
Al Brylewski, President
Rustlewood Condominiums
2650 Countryside Blvd.
Clearwater, Florida, 33761
727-725-9130
iF
People we have spoken to in the city:
Nan Bennet
Public Utilities
Robert Maran
Engineering
Paul Cooper
Water Dept.
Suzanne Wakefield
Water Dept.
Sheri Watkins
Planning Dev.
Scott Smith
Field Supervisor
Todd Kuhnell
Meter installation
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8243-11 on second reading, rescinding Ordinances 8203-10, 8204-10, and 8205-10.
SUMMARY:
Meeting Date:3/3/2011
Review Approval:
Cover Memo
Item # 4
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. IbM-414
?- Meeting Date:3/3/2011
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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 # 5
Attachment number 1
Page 1 of 1
Q C5
QUA KEW
PROPOSED ANNEXATION MAP
Owner: City of Clearwater Case: ANX2010-05002 Corrective
Property Size
Site: 2270 Landmark Drive (Acres): 26.993 + 2.00 Acres ROW
Land Use Zoning
PIN: 32-28-16-00000-410-0100
From : R/OS A-E
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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 Y4 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 0. 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 # 5
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 # 5
Ordinance No.8240 -11
?- Meeting Date:3/3/2011
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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 # 6
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, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property
Land Use Category
The east 965.08 feet of the North Recreation/Open Space (R/OS)
'/ of the Southeast 'Y4 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 # 6
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 # 6
Ordinance No. 8241-10
Attachment number 2
Page 1 of 1
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Owner: City of Clearwater Case: ANX2010-05002 Corrective
Property Size
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Land Use Zoning
PIN: 32-28-16-00000-410-0100
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?- Meeting Date:3/3/2011
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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 # 7
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
Zoning District
The east 965.08 feet of the North'/ of the Open Space/Recreation (OS/R)
Southeast Y4 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 # 7
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 # 7
Ordinance No. 8242-11
Attachment number 2
Page 1 of 1
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Owner: City of Clearwater Case: ANX2010-05002 Corrective
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Land Use Zoning
PIN: 32-28-T 6-00000-410-0100
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Item # 7
City Council Agenda
Council Chambers - City Hall
Meeting Date:3/3/2011
SUBJECT / RECOMMENDATION:
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. The 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: 453,000
Not to Exceed: 453,000
For Fiscal Year: 10/1/2010 to 9/30/2011
Annual Operating Cost: 453,000
Total Cost: 453,000
Appropriation Code Amount
423-00000-141170-000-000- 453,000
0000
Bid Required?: Yes
Other Bid / Contract:
Appropriation Comment
Meter inventory
Bid Number: 10-11
Bid Exceptions: None
Cover Memo
Review Approval: Item # 8
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/3/2011
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 mental health/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% in the per-member per-month premium for plan year 2011. 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 2011. 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% of the Base plan cost for the employee-plus-family. Based on current enrollments,
the City subsidizes approximately 78% 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
2011 City cost based on current enrollment = approximately $130,260
Increase amount = approximately $3,900
Appropriation Code
0-590-07000-545601-519-000-0000
Review Approval:
Amount Appropriation Comment
$167,000
Cover Memo
Item # 9
Attachment number 1
Page 1 of 13
SERVICE AGREEMENT
BETWEEN
CITY OF CLEARWATER
AND
MHNET SPECIALTY SERVICES, LLC
THIS AGREEMENT, effective January 1, 2011 ("Effective Date"), is by and between MHNet
Specialty Services, LLC ("MHNet") and City of Clearwater ("Employer"), 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 Agreement: 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
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and conditions for the provision of mental 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 parry 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 parry to perform in whole or in part an
affirmative obligation to the other party under this Agreement.
2.3 Termination for Insolvency: 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 parry 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 Nonpayment: 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")
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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
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3.5.2 Immediately suspend all services until the outstanding balance is paid in full.
3.5.3 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
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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 Requirements. 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/Employer's Liability 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
6.1.3 General Liability 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 01) as filed for use in the State of Florida without any
restrictive endorsements other than those required by ISO or the State of Florida
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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 Liability 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 Primary 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 Remedy. 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.
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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 parry 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 parry information in its possession which
is essential to the other parry'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
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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 Assignment: 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 Enforceability 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 Compliance with Applicable 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 Confidentiality; Ownership:
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
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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 Representations: 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.
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6.11 Captions and Headings: 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 Severability: 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 Governing 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; Obtaining 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:
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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
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11 Item # 9
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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, Psy.D.
Name (Typed or Printed)
TITLE: Chief Operating Officer
STATE OF: Texas
COUNTY OF: Travis
The foregoing instrument was acknowledged before me this day of , 20, by
Kevin J. Middleton, Psy.D. , Chief Operating Officer , of MHNet Specialty Services, LLC
Officer of Firm Title Name of Firm
a Maryland corporation, on behalf of the corporation.
State
He/She is personally known to me or has produced
identification.
as
Notary Public
My commission expires:
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Countersigned:
By:
CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard William B. Horne II
Mayor City Manager
Approved as to form:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
City of Clearwater Confidential and Proprietary
EAP/MHCD Service Agreement
Attest:
1/6/11
13 Item # 9
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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 ("Employer") and MHNet Specialty Services, LLC ("MHNet"), effective January 1,
2011 ("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
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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.
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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 Counseling: Provided between the person and professional or
trained paraprofessional counselor on a scheduled, one-to-one basis.
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B.) Group or Family Counseling: 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 Doctor 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.
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SECTION 2: TERM AND TERMINATION OF AGREEMENT OR THIS 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 Billing is to be in accordance with Section 3 of the Agreement.
3.2 Service Fee Adjustments: 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 Compliance with Policies, Procedures, and Interpretations: 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.
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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 Compensation of MHNet: Payor shall compensate MHNet in accordance with Section
3 and MHCD Attachment A.
5.5 Interpretation and Payment 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 medical 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 Keepiin : 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.
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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 Design and Consultation: MHNet shall provide benefit plan design and
consultation when requested by Employer.
6.6 Statistical Reports: 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 Responsibility 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 Participating Provider Listings: 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
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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.
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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.
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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 medical 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.
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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 I FOR BENEFIT INFORMATION
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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.
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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.
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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
Disorders and Autism 299.00 - 299.99
Antisocial Personality Disorder 301.70 - 301.79
Sexual Deviations, Disorders
and Dysfunctions 302.00 - 302.99
Physiological Malfunction
Arising from Mental Factors 306.00 - 306.99
Stammering and Stuttering 307.00 - 307.09
Tics 307.20 - 307.29
Stereotyped Repetitive
307.30 - 307.39
Movements
Sleep Disorders 307.40 - 307.49
Unspecified Special Symptoms 307.90 - 307.99
Conduct Disorder and impulse 312.00 - 312.29, 312.30 - 312.39, 312.40 - 312.49,
Control Disorders 312.80 - 312.89, 312.90 - 312.99
These ICD-9 Codes are Not
Used 312.50 - 312.79
Developmental Disorders and
Mental Retardation 315.00 - 315.99, 317.00 - 319.99
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).
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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.
f. 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.
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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. Psychiatric services for medical patient: 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. Psychiatric diagnosis assigned 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-psychiatric services for psychiatric patient: 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 psychiatric unit for management: 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
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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.
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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
chemical dependency 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 XRays, 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)
FINANCIAL
RESPONSIBILITY
MHNet
• Thyroid Function Studies (TS-4 & TSH/or profile)
• RPR
City of Clearwater Confidential and Proprietary
1/6/11
MHCD Addendum
18
Attachment number 2
Page 19 of 22
COST ALLOCATION SCHEDULE
SERVICES
FINANCIAL
RESPONSIBILITY
MHNet
MHNet
MHNet
MHNet
MHNet
MHNet
MHNet
MHNet
MHNet
MHNet
MHNet
MHNet
MHNet
MHNet
MHNet
MHNet
MHNet
MHNet
MHNet
MHNet
• Urinalysis
• Urine Drug Screen (UDS)
City of Clearwater
1/6/11
MHCD Addendum
Confidential and Proprietary
MHNet
MHNet
19 Item # 9
Attachment number 2
Page 20 of 22
COST ALLOCATION SCHEDULE
SERVICES FINANCIAL
RESPONSIBILITY
• Drug Levels (Dilantin, Nortriptyline, Antidepressant level & MHNet
Lithium)
• Folate & B-12 Levels MHNet
• Blood Alcohol Level MHNet
Inpatient Laboratory
-- ----- ----- -------
All other Laboratory services not specifically delineated above and all
medical professional fees associated with any inpatient laboratory Health Plan
services.
Outpatient Laboratory
All outpatient laboratory services Health Plan
.... _.... _..._ .... _..._.... _..._....
_..._
Emergency Room Charges
Mental health consultations provided in the Emergency Room Health Plan
City of Clearwater
1/6/11
MHCD Addendum
Confidential and Proprietary
20 Item # 9
Attachment number 2
Page 21 of 22
City of Clearwater Confidential and Proprietary
1/6/11
MHCD Addendum
21 Item # 9
Attachment number 2
Page 22 of 22
EXHIBIT 1 - BENEFIT SUMMARY
Account Plan
Name
In-Network
Outpatient MHSA
Benefit Out-of-
network
Outpatient
MHSA Benefit
In-Network
Inpatient MHSA
Benefit
Out-of-Network
Inpatient MHSA
Benefits
AP
Authorized Authorized
services paid services paid at
at in-network in-network rate
rate minus 10 minus $200
Authorized in- copayment copayment per
network services per outpatient Authorized admission. Up to 5 visits
10 Copayment per visit. Members services $200 Members are See attached
outpatient office are subject to copayment per subject to EAP
City of Clearwater visit balance billing admission. balance billing. Addendum
City of Clearwater Confidential and Proprietary
1/6/11
MHCD Addendum
22 Item # 9
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 ("Employer") and MHNet
Specialty Services, LLC ("MHNet"), effective January 1, 2011 ("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 THIS 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
1 Item # 9
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 # 9
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 members 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 # 9
Attachment number 3
Page 4 of 4
6. FEES
• 5 Session Assess, Refer and Brief Counseling Model EAP $1.39 PEPM
(per employee per month)
• Online EAP Included
• 2 hours onsite intervention incidents Included
(Critical Incident Stress Debriefing (CISD)
or Emotional Incident Stress Debriefing (EISD) per contract year
• One Annual Health Fair Day per contract year Included
• SAP/DOT evaluations Included
• Specialty Onsite/Additional Services $250 per hour
(CISD , wellness training, brown bag seminars, plus reasonable travel,
employee or supervisor orientation, benefits/health fair)
approved in advance
Provided at No Additional Cost:
• 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 # 9
Attachment number 4
Page 1 of 4
BUSINESS ASSOCIATE ADDENDUM
This Business Associate Addendum (the "Addendum") is entered into by and between MHNet Specialty
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 ("HIPAA"), the
American Recovery and Reinvestment Act of 2009 ("ARRA"), 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, HIPAA, 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 HIPAA and
ARRA. 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 HIPAA, ARRA, 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 I 1/64teM # 9
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 NPI. "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
America without Coventry's prior written consent.
City of Clearwater BA Addendum 2 1/64teM # 9
Attachment number 4
Page 3 of 4
4. Requested Restrictions on Use of NPI. 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 PHI. 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 PHI. 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 PHI. 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 PHI. 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 HIPAA, ARRA,
GLBA or any other similar statute and available to Coventry to ensure compliance with the
Agreement and this Addendum.
9. 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 1/64teM # 9
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. 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.
13. 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.
14. 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 ARRA, 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: Kevin J. Middleton, Psy.D.
Title: Chief Operating Officer
Date:
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard William B. Horne II
Maw City Manager
Approved as to form: Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
City of Clearwater BA Addendum 4 1/64teM # 9
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/3/2011
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: $37,974.75 Annual Operating Cost: $6,400.00
Not to Exceed: Total Cost:
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
316-94861-564200-571-000- $37,974.75 For Lease Purchase
0000
Review Approval:
Cover Memo
Item # 10
Attachment number 1
Page 1 of 2
5000 Millet Court East Toll Free Phone: 1-877-207-3127
Norcross, Georgia 30071 Fax: 1-877-207-3129
sales@integratedtek.com www.integratedtek.com
City of Clearwater re ClearWater Public Library System
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 Security
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
I 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 XpressCheckl^ $ 12,995.00 1 $ 9,096.50 Each $ 9,096.50
Freestanding Kiosk Medallion Style.
Optional Extras
Printers and Receipt Paper
THERMPAPER Thermal Receipt Paper (24 roll case) S Each S
Miscellaneous
ITG XpressCheck Management Console allows system administrators to configure multiple ITG XpressCheck systems quickly and
simply. Changes can be made to all machines simultaneously, or groups of machines selected by easily readable "friendly"
machine names. Using folder shares, over your network, the ITG XpressCheck Management Console can update configuration
settings, image files, sound files, and distribute product patches or updates. Integration into the existing configuration interface is
virtually seamless. The purchase price also includes one ITG XpressCheck license for the system administrator's computer to
enhance remote configuration capabilities.
XCMC Management Console for Remote Admin. $ 1, 200.00 Included Each FREE
XCMAGST Mag Stripe Reader $ 180.00 2 $ 180.00 Each $ 360.00
Fines and Fees
Integrated Technology Group,
Apex XpressCheck Quotation A Division of Vcrnon Library Supplies, Inc. I{.
tem #gl]()f 2
Attachment number 1
Page 2 of 2
5000 Miller Court East Toll Free Phone: 1-877-207-3127
Norcross, Georgia 30071 Fax: 1-877-207-3129
sales@integratedtek.com www.integratedtek.com
ITG XpressCheck's Fines and Fees patron self-payment module allows patrons to pay fines and fees with either credit or debit cards
and, optionally, with cash. Must be used in conjunction with the Authorize.net payment gateway and the library's existing merchant
account. Each library system purchases a single system license and one client license per self-checkout station.
XCCBA Coin and Bill Acceptor **eliminate dollar $ 2,695.00 2 $ 2,425.50 Each $ 4,851.00
coin tube and replace with quarter
to bes**
Self-Checkout CD/DVD Security Interfaces
ITG A P.Vpress' n,
The ITG AV XpressTM Self-service CD/DVD security case unlocking system removes the repetitive actions required by staff to unlock
security cases. No longer is CD/DVD security an impediment to self-checkout. The combination of AV Xpress and ITG XpressCheck
makes it possible for patrons to unlock cases only after successfully checking out the items. AV Xpress supports Kwik Cases@ and
One Time TM Cases.
One Time
XCLC-ONE AV -XpreSST. Integrated Locking Case $ 2,995.00 2 $ 2,245.50 Each $ 4,491.00
I Detachacher -One Time
Installation, Training, Shipping
INSTALL On-Site Consult, Install and Train fot 7u 1 $ 1,500.00 Total $ 1,500.00
SHIP Shipping and Handling $ 550.95 Total $ 550.95
SUPPORT Years 2 to 5 of Maintenance and Support $ 11,638.40 Total $ 8,728.80
including a discount of 25% when purchased
at the beginning of the installation date.
Note:
' $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
Grand Total: $37,974.75
Good through: 5/5/2011 Quoted By: Sergio Villet
Today's Date: 2/4/2011 Approved by: Ken Evans
Accepted By:
Accepted Date:
Integrated Technology Group,
Apex XpressCheck Quotation A Division of Vcrnon Library Supplies, Inc. I{.
tem #glof 2
?- Meeting Date:3/3/2011
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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, contingent upon adoption of Ordinance 8246-11. (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:
Cover Memo
Item # 11
?- Meeting Date:3/3/2011
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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:
Cover Memo
Item # 12
Attachment number 1
Page 1 of 8
MARYMONT FIELD USE AGREEMENT
This Partnership and Operational Support Agreement is made and entered into
hctvv'eer the City of Clearwater, whose address is: Attn: Parrs and Recreation
Qirectur , Post Office Box 4748, Clearwater, FL 33758-4748, ("City"), and Clearwater
Lady Bombers, Inc., a non-profit corporation of the State of Florida, whose mailing
address is: 11181 681h' Ste N, #401, Lm ii go, Florida 84843 ("Club").
WHEREAS, it has been detF,_ rrnined to be r i c{jI lI desirable and socially responsible to
provide activities rind fa,??;Pi t,LLi meet the n?, - Js of youths; and
WHEREAS, the City provide programs and activitie LL J neans to help
youths; and
WHEREAS, the City has, recognized the need for youth programs as supported by the
Parks and Recreation lvlnster. Plarr„ and
WHEREAS, the Club has proposed to provide youth rec-;re'rioral experiences for local
resident's as described herein; and
WHEREAS, the City owns Marymont Field located at 1930 GT_1 uit [reet,.
Clearwater, FL 33765.
WHEREAS, the Club desires to continue its partnership with the City in providitrc j youth
programs by running the clay to day operations and offering programs at the Field; and
NOW, THEREFORE, the parties agree as follows.
ARTICLE 1. TERM
u Terra; The terra of this agreement shall be for a period of curie (1) year comrner vg
on March 4, 2011 and continuing through March 3, 2012 " I (-? ?nii iation ate") unles
earlier terminated under the terms of this agreement,
2. Options to Renew: This agreement may be ext,1i',cic,d by mutUal d,.;cit1(,,i agre.!?ii? rit
of the parties for five (5) additional periods of one ?1) y=.ar, on the same T , and
conditions as are set forth herein.
ARTI LL i i liESPO Sl LHI ?t 6 OFT L
1. Services to be Pro=vided: One of the Club's J-iall be to p ,_: lii: I;
g,l _ _jrtunities for softball players to learn, practice and ,_)lay their sport.
a) Programs: The Club will provide the supermsi,. ii! ,7ifr -,ii i? t ? and
programming of the facility defri i! wd in this agru:i? ; p ii, o?° o _4 the
programs to be provided may incl ie, but are not er , essay l , n iced to;
Item # 12
Attachment number 1
Page 2 of 8
j) hj 1) softball for youth,
ii) T?,?iring camps for softball.
Iii) ittlu league programs.
ire) City sponsored and co-sponsored games and prti_ c_ Js..
V) The City shall have right of fi .. refusal to use the field for ht
per cor'!tY c t e;yrll -,ar'y, by providing th( ' itl
I lays a l . Ef r`:f .
b') Ali _ . - . = Y4'],1 5Y'+VN.{: 1 hj i I?-") ..SAP
L, I L- LM I M. A P I P 5 Y'%_ f l '.. , I r, 1
} Ho Lit ?-, of Operation. The Club will provide programs and - t the
fiLAi, but ril'I follow ordinance all apl.I i'i il, iaw, including the ' )f
Clearwater Code of Ordinances, re(i,?r,iirig 9arkJfacility hours..
2. Area be Served: ?:< < . j' ; ? nd+., f 1F r? ouf<< y reernent shall b r -le'7[
sof'L°_ _tlP a .,i Mties and pN s th,z enjoy i n(, =it of residents of I? _ f , i t r,
but °1I if (,'Idde residents (A o[l ier weal,: ?r, :_)rder to ma f. the offerings of sa i I pi:j''olti i,
?0" ?_ cessful,
m Use o? L_,ottbah Facility.
No Illegal Use: The Club ;',rr r? _> and agrees that they will make or
allow no uill w tljl, improper or off n-'I`ufffo use of the premises. Further, the
Club understands and agrees that this provision specifically prohibits,
arr ong other i ts, the c(Di:'urnption or use of alcoholic beverages or
oAroiled pit ices arryvvh :e irr, on or around the Field and those
& it,itent r3i u,led by ii iClub.
b) Bales for 1. I .ules and rG-,ji., i Lions ! ', t ing the use of the Field may
be esta li by the Club, providing theyyr Llfu not iii conflict or
irror?s ti with the ordinew?:.es, policies or 1 rules of the C'iof this ijeernent, `,,rch s and r . V,-itions devE loped by this l w may
provide for and fll able us( fees to be retained by the Club,
y ur
d) . e 1 rii? Adherence t City rdim, 1thsta.nding any i
ir' i I '? the provision:- _) observe a ?.
C _t r Js and other appli _ - tl
r°
2 Item # 12
Attachment number 1
Page 3 of 8
e) Signags-,, -1 >>i-; ?, Irll) rmiy p ,1 ,e an identifI, i"Erin siren it the --field or in the
park to Ut appruv,--' kum th,, I,14 at the i "
x } E tl-C
f Str€.tcture. No ! ?rmanent ali , ?l ,-;rbs or improvements to the interior or
exterior of the L: ii!dir g may be made without the written consl--'It ur ?.
City. r , r , E lent structural additions apo by the 1" I ire
City µr.
?satorrk, lr'1
respect-,
Maintenance _st tIhe Pra nli-,; s by the Club.
a Custodial ?Ilhi , tiance, "h?.
facilities and ad r_ s used I_: tE... l 1 :d r° rp,
condition. The Gst ? --r.as the ught, 1i
irnrr orliately should t. -4b fail to rnaL.
b Pest,cide, The Club is i ,r?. si le to i s 7, ;E i ;t it ± n by
soma (-,i U(- ,- ho holds a Turf find Orrr?, it, fi
to bf aj,pliod when needed and have a rii ,I
The Clral_ , l l treads to hr"ive weed cull ? i e ,I !`I ? i , f; l l d!? ''. I 1 IMF _+ .
year-roumJ control, All applications will neeo tI-f `Ii r ?3?:?.Era€:?f1t??Ct Hire
CIE b and must be applied iEr 4r:rPur tend I is. fir r
-i)Al bear the burden of prn1,F E rr1erp At 1'[l,- I of Li-" cufIti,El,tEi,:, Elr
al,l,?,cable law, including ISO.[ 1611kL i; E?;_, .irVH ul01iriItct, Irl?
fully indemnifies the City for a'? ULl to c'? --
Fertilizers: '1 Iii . f is respor ibl'e to apply 4-6 lbs. of ' per 100 ft,
w h r by I rf, I1 '.I 'l 11.i,-, tio. --tin a 1: - ri K ratio and that -ill
I°rkj -} t l ,' :11 I.(r, _,3 than 0% sloe. sourcew ;? ?. at ttior?s
il' „ i)e do( t J by the Club,
d) lit hi- C`' r
rr ,E
e) F 1i.&9 N'II?1iGt sr: 1,.i. Iae
i' J -
Idh!
r r ti
Item # 12
Attachment number 1
Page 4 of 8
f) Repair of Damage: The Out) Irr ?,Irst nds and agrees that it I
re spf-i nsible for and will oau? uJ ho l_?e reIl,,lr?ri at Iht? Club's
wiage to the premises a,- a _if ['!,wir c ,c -laricy other 0'! In !.ormal
_Md tear or vandalism.
g) Amenities. The Club is respon7a .l rr i? ,7 sure 1: iat all amp f Ii v at
a? tl,.?-ed b player speotato s ? r ;1!, r1!1,t;° if ;III fif
'-,( n -1 rl ! i?i Il . eeld Is nl
a he iid€ IE t a
Field al;d 1`1 i€ I r< F 1 fl
Section .
b) The (" it Ade, rn iin
ep_rtm !1{ ti ?? l<<?f?1E?!_c€_LLctl Il?r')?SI j", ??-t' .)•7 f X11111 1 'L _t
Ilr itl"?,. I F:,:111ita? 1, plumbirl
the sJI and r
i -;epo t of !. I',? «7 ctivitM :
a) The Club wall Purr ! ,i. thi_- `;its,, l arks and Recreation N epartrrik:?' It with an
annual rep(,a t rf .. orlduoteei under the pro lsior -, ek tl" "
agreerne, i v', Ir? ]If <T" (0) days of 11 iI7-, -i of the k 1? k I l`:oal gar. f
report i ; t( I ih ,' IflL? !lumber o! olk,,riL v 0d, the Ll"pe 01 autivities,
pr iii € ` l.l,, ')sts Of 9 Su .!, 11vl;4 ....
b) T I ;I,: prop ports and ;r i r ire 1', . III s rsh
fern IOtt II' I[ I << i I. s may prescribed b to
?1,s3'f I _C 1-11 11,' inonitorin€_; ?I I it
limit,,,d access ti 1 sE! T i, st. J, e and olieril ,1-ds, ar,.j ?
provision of related information).
erg arnt`;...._ ?;. fp V
4 Item # 12
Attachment number 1
Page 5 of 8
b) 1 f Rey,-,cird : The lull c, ll produce such -rid it.
rr 1. be I, ire d b the it IL, , a? wmerrt the r
f hII,_, and use of the fa- iiitie ,
C) Maintenance O- Record : All reoord;3
nd rri it,, !Cii ? ??arlr?r of not le c? F + r i [
law, ri A ter 11 JI
J,
e °irii (j,
part W, he
osideratlon t. I' igre n- f
or b "4 t €1, I: II li
of the I l' -,ides orFi?r11,? ?, q ®r ??
0,l p,.-r-a ,lii?, ic! I, Iaw
and access i o° Rr 1, ' 1to
h Inclusion 0 Sub?C intraet..s: The Club agrees to inolur-e e
req irerrr(,, ? t) adhere 7 r',, VI and Title "III of the Dw i Ms, Act of
1,964 in all approved sub I., i r<<.,,;t .
C) Br(.Laoh of Nnn
r ,, .F ce of, of an o- ti : City kcal +e righ- °rr' i tl 3_r
;,° ?-u W;d. ?Ie r u? CI pur#v The Club agrees to ..
if I
?
Item # 12
Attachment number 1
Page 6 of 8
employe. hio °nr dude , but is not limit rt to, matters 'iri,Jng out of or c-lay r :-i to have
been car by it -, my maiilrer relater- fl) the (,iub's or those & -1 ?1.
approve :l ?11I1,:ontraotor,, or A her person o! p UA,
aathoii,?E J I,i by tt t Club in -k Dui l , or nc on
rre li ii, N ,t' ?Ii11; I [IJn shall i_? ,aria i-j';a ooa by the City j, I
thir, I')i" rt' .,1',' r or rfioiJitk- ti on of the pr+ of Section f :.'It, idr'
tier:) ootrin( f e erellari Imr i rtity. risioo shah sur ?e ter l'i ;I
?I ekt.
J
s
I'.? fLAI
rl? (":ty an 1. r I
? ? t ij.,a ir,r
of C`aar''rat Y
I ,, i"sc 1l`?, ?. ?n idditiorral la ?aled
°!, are
n_
rr rE UOU, ir_ ' 1 in le i ` Iit jig j Liability and
rr ? srr € rt 1 hl` _... "I ilf of th,-
th -_? ?I?II W?Jurlt a t east
n Prc' p(,rty r L ability is
rei,-l 1 rt-d.
C) VV : 's I:wr?,?,?- I -_ -e applicable t any, for
y Cl
liance with It-,lit + G, .
reel _ ?t_:. of
tk ?'i -f ?j-
is in f c, i ;.
6
Item # 12
Attachment number 1
Page 7 of 8
ARTICLE III. RESPONSIBILITIES THE CITY
1 n of Funds-
a) D u, be pic? :, 1lljl I ir,
.y rr,_. ft,' i?. i €
2, T I i
A.. ?k tl
. f
y
discil d::
pfjf : _,.
Item # 12
Attachment number 1
Page 8 of 8
ARTICLE VI. NOTICE
Ai or per!?!,i Ly the II' v f this n€ r+ I:
lj
i a h %. A 1J by a iv the -11, -
j? ..I?lldl_ iiAGB@l bj''?9l 11 ri.'ll 1I ;?I 1 fl7
(' i xl c +I 11 4I i4 _ h. _ _ ' the eta '. ? r
F ,
2. If t lu ?.. ?Ia bor, FI ?V
'Tmhe effec" .
2n-
Col
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it strap b ')e
GI T ` OF C 8 ,.-ER, FLORIDA
By: -
A
Item # 12
?- Meeting Date:3/3/2011
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
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.
Review Approval:
Cover Memo
Item # 13
Attachment number 1
Page 1 of 17
c
e-rican Red Cross Authorized Provider Agreement
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Item # 13
Attachment number 1
Page 2 of 17
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Item # 13
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Item # 13
Attachment number 1
Page 8 of 17
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Y OF FLORIDA
By:
William P. I
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Item # 13
Attachment number 1
Page 9 of 17
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Item # 13
Attachment number 1
Page 10 of 17
E. Special b-11- -,- p,ayment instructions (Opfi-r-??, ,
Item # 13
Attachment number 1
Page 11 of 17
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Item # 13
City Council Agenda
Council Chambers - City Hall
Meeting Date:3/3/2011
SUBJECT / RECOMMENDATION:
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:
Budget Adjustment: None
Annual Operating Cost: $5,137.25
Total Cost: $5,137.25
00.00
2009 to 2010
Appropriation Code Amount Appropriation Comment
0315-91149-564000-521- $145,997.00 Penny III Fund
0000
City of
Bid Required?: Yes Bid Number: Clearwater
RFP 07-11
Other Bid / Contract: Bid Exceptions: None
Review Approval:
Cover Memo
Item # 14
?- Meeting Date:3/3/2011
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Reappoint Tom Calhoun to the Marine Advisory Board with term to expire March 31, 2015.
SUMMARY:
APPOINTMENT WORKSHEET
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:
Cover Memo
Item # 15
Attachment number 1
Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
Home Address:
?1tY i? zip S^.
Telephone:,
Cell Phone: 7:? oZ
How long a resident of Clearwater?
Occupation: &
Field of Education:
If retired, former occupation:
Community Activities
Board Service (current and past):
Additional Comments:
Signed64Z? 4et
Date: 1,2. /jam
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.
Board Preference:
Office Address:
zip
Telephone:
E-mail Address:
1, r,
Q I
Employer:
Other Work Exper?iJjence
RECEIVED
DEC 17 2010
Item # 15
OFFICIAL. REC,(JRDS Af,
LEGISLATIVE SRVCS DEPT
Other Interests:
04117/2002 03:07 17277129173 TOM CALHOUN Ptetg hx t Ttyber 1
BOARD OUESTIONNAIRE
1, What tiis`your understanding of the board's duties and responsibilities?
/ZZ d?[JS" PrtJ?1 S /?
2 rj,4. ?;,/
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?
Name:
Board Name:?ly?/?? X19 U?'?G?
T7 4
RECEIVED
FEB 0 9 23, OFFICIAL RECORDS fi"
AI
LEGISLATIVE S ' DEFT
Item # 15
4. Why do you want to serve on this Board?
Attachment number 2
Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: 5b •ti ?o
Home Address: Office Address: fcL.ma? df FL zip 3-770
Telephone:
9A6s 13", A-L-C. /lJo'rfi'
S? . &4erA-!z , Ft- zip 3.3913
Telephone:
How long a resident of Clearwater? .3 XLr-
Occupation: Sa'604 Employer: SC1,44 OPf ft-- T-%-vtc• 1-tk
Field of Education:
13 /l i V. dT 10, ?7SJb ?. f S?.
If retired, former occupation:
Community Activiti
Other Work Experience:
a.Yr
y, - Pk-+crr4t.r?? S&rar 4j/,4..tcA..
Other Interests: T L4-,C- a. V!Z ,s'ko tA- ru4 ,,, Ce ver "4c"'. - •,,j %,eb,&% :N-I 44
Board Service (current and past):
Board Preference:
? 1rl I?? / 1? Vi,?O? L?pyd ? G/IVi?OA/?iry}?•?
Additional Comments:- oer; e,, C& o.. ? eri %%. , k A,% ?- - a v
0.a1as«2. bo-v'd. 3•. sdol Hp^ , Jb ?.? ea ovlb -? LP.71
r-??ks- ?? ?td?;1o? beN? ?? L~SYrt s.. .?-•s,rL e?c,/?•at. •-?? ?ioJ•.t?,'?..c..
Signed: Date: 1) 1 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.
OV 18 2010
LEG. s Fa Ex" ' : ?.? Item # 15
Attachment number 2
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
O^ C- Ui
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
At
?"wt, 0..? ?14;?+?oC't,ooelf. /? 1 ? 4 CoKnL•.,;¢j- ?:C?`vr'l-r .l. ?av ?.
? ?"?!?"M.t?e- A.a v,lo,r?. ?Y?I L??rt o,? C? ? ?o?.t: I ?c;Sio?s Q ? ?rr`s.??
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S?A??s fit.
4. Why do you want to serve on this Board?
)1-4+ , 4- ?e.e?3 tt-?. e e dl W- g/I ;4 C; 4,'za<.
1 e e..Q-f
*?* d--7 is
Board Name: %o)-XL ' Co.•-t?..?,,,'?- Deck 1e.A-- ..4- &,-4
o? h a Cto,`tk-= Z-e-- c 1Pe c y? A,??
Item # 15
Attachment number 3
Page 1 of 2
Name:
LU
Home Address:
(o r 7 iq3 (- 0t A N A%'-)E
CLeAaujATEa- zip 337(c7
Telephone: 7 a7 - ?+a3 - 75 (o S
Cell Phone: '` V
CITY OF CLEARWATER - APPLICATION FOR ADVISO
(must be Clearwater resident)
How long a resident of Clearwater?
Occupation
?v51 NesS O?Ne-r--
s
Office Address:
a OCT - 6 2008
L+
7?i l ?NGr?55 S i
POR- IZ«1?j Zip 3y(" ?°?
Telephone: 727- ey 7 -930C
E-mail Address: Paul I -Ald cCloc.. ks ,mom
Field of Education:
Employer: 6L)( Al rDG 6boc-,K-S
?yrySl???-SON
Other Wk 7xperience:
S Leo aF
I?A?? St ?Ow OyEi_?r-) G12LASE5
? l ?y Qc F+?
?U?ND,?6 M?u,3c2 Lc. /1-c,?tr2 ,Qc-rfC 14-A A 9-_? oG 0-1k ?" r?
If retired, former occupation:
Community Activities: C0(-)c.t4injy ?L,; ?4
Other Interests:
Board Service (current and past):
k14 e (OA AJ,j t5on_Y -OoAtz?0
Board Preference:
1,4 /-1</ 4 ,/ ?9- A0 ? tS- t-(' ,-) D
Additional Comments:
Signed Date: D g 63
See attached/list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
Item # 15
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
-l prS7 Isle M -o' e12- L) (L 5? wc-,, ?, l / 9i 9 9- 20o -g-,
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?
- ?e5,DOn) t A-ND ??51Nee McVL GIZ 2 OG ?'o/f1v?J?NI i y
? d,?(L7 M e/" 3 6?c-
ASS -
4. Why do you want to serve on this Board?
1D P.E04 0 1rJ ALT1?C- /nu -17fE IhA2tryE T 4ec o tite•?ri
?-
Name: ?{ A U? J < 11 E ??EY
Board Name: M 4(1-) N A Apv c So a`' Bo a-A-
Item # 15
Attachment number 4
Page 1 of 2
Name
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BC jV1:D
(must be Clearwater resident)
?1_ L 1, , i., AW Ism
Home Addreams l U6 6(f 41-10
&E&4_ 0e " zip--??? 26?
?c
Telephone:22?- ?-W- 8
Cell Phone: 7d-7 68/ ' -3 J
How long a resident of Clearwater?
Occupation: P,1r27&,j6F4' jteA
Field of Education:
If retired, former occupation:
Community Activities: ,r /?d/?-'S ,/i`?"?'L`?? j ?dfl''I ?3 ?Y-
Other Interests:
Board Service (current and past):
Offi ddress: OFFICK RSCORDS AND
"ISLAWE SRVCS DEPT
Zip
Telephone:
E-mail Address:
r: ` /, U NA &)/-? GA/" 'eA-'7101 CH
Other Work Experience:
--- a..n?
v ,
B rd Preference:
Additional Comments
Signed:: _ `. 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.
Item # 15
Attachment number 4
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
Name:
c
Board Name:
Item # 15
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
?- Meeting Date:3/3/2011
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Amend the City of Clearwater Code of Ordinances, Appendix A, Article X1, 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:
Cover Memo
Item # 16
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
Ordinance No. 8246-11
Item # 16
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 higher 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;
Ordinance No. 8246-11
Item # 16
Attachment number 1
Page 3 of 3
(h) Corporate memberships to City wellness programs at City facilities funded b
businesses or employees of government institutions (fn-.r hi icineccec within
the incorporated boundaries of the City)y4here the firot ton memherohipG Gf
the nnrPnrotinn are paid as applinohlo nnn_rocideRt feer the eleventh
memherchir? aRd ever are nnncidered resident memherships With applinohle
recirlent feet heiRg applied-
.L
(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) Notwithstanding any provisions herein to the contrary, members of any program
coordinated by the City through a third-party contractual agreement shall be
permitted to participate in recreational programs 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
Ordinance No. 8246-11
Item # 16
City Council Agenda
Council Chambers - City Hall
Meeting Date:3/3/2011
SUBJECT / RECOMMENDATION:
Continue to March 17, 2011: Approve a Work Order to Engineer of Record Reiss Engineering Inc. for Stormwater Modifications
to Town Pond in the amount of $294,569.
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 meeting 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: Yes
Budget Adjustment Comments:
See summary
Current Year Cost: $294,569 Annual Operating Cost:
Not to Exceed: $294,569 Total Cost: $294,569
For Fiscal Year: 2010 to ' 2011
Appropriation Code Amount Appropriation Comment
0315-96125-561200-539-000- $294,569 See Summary
0000
Review Approval:
Cover Memo
Item # 17
Attachment number 1
Page 1 of 15
(?O
REISS ENGINEERING, INC. WORK ORDER INITIATION FORM
for the CITY OF CLEARWATER
Date: February 9, 2011 Project Number: 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 SWFWMD permit regulations.
1
Item # 17
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 - PROJECT ADMINISTRATION
2.0 - PRELIMINARY ENGINEERING
3.0 - FINAL 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
Project 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 members 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-off' 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 meeting will also include a discussion of key
2
Item # 17
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 project progress meetings on a bi-monthly basis (up to 6
meetings through design and bidding) with City staff and other project-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 Project 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 Project 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 # 17
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 project 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).
4
Item # 17
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 project, 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).
5
Item # 17
Attachment number 1
Page 6 of 15
TASK 3.0 - FINAL ENGINEERING
REI will provide design services for the project 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 project, prior to submittal to the City and the
SWFWMD.
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 project'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).
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• 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)
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4.2. Southwest Florida Water Management District (SWFWMD)
The following application/permit is required from the SWFWMD:
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
Approvals.
• City of Clearwater Flexible Development Application permit application and
documents for signature by City.
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• 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"06"
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
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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 project. 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 project 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"xM"). 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).
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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 project site.
6. The City of Clearwater and SWFWMD 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 Project.
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 SWFWMD 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.
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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
SWFWMD.
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 time.
- REI will observe the time limitations; however, should there be delays in receiving information from
others and in obtaining subsequent authorization, 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 action or inaction by others.
The project 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. - Project Engineer
Janine Alexander, P.E. - QA/QC
Robert Lupo - Senior Designer
Kim Jones - Administrative Assistant
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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.
City Invoicing Code: 0315-96125-561200-539-000-0000
9. ITEM 9 INTENTIONALLY LEFT BLANK
10. SPECIAL CONSIDERATIONS:
None.
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 # 17
Attachment number 1
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{Add the following as an Attachment.}
U-
0 Clearwater
0
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 measurement shall be the United States Foot. Any
deviation from this datum will not be accepted unless reviewed by City of
Clearwater Engineering/Geographic Technology Division.
DELIVERABLES
The design plans shall be produced on 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 standard AutoDesk, Inc. release. All block references
and references contained within the drawing file shall be included. Please
address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or
email address tom.mahonyaa myclearwater.com
? All electronic files (CAD and Specification files) must be delivered upon
completion of project or with 100% plan submittal to City of Clearwater.
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ATTACHMENT B
CITY OF CLEARWATER
PROJECT BUDGET
Reiss Engineering, Inc.
Task
Description Town Pond
Design &
Permitting
City Annex
Re-permitting Satellite Pond
Design &
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 Engineering $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
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Item # 17
m
x
a'
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Clearwater Beach Uncorked Event
SUMMARY:
Meeting Date:3/3/2011
Review Approval:
Cover Memo
Item # 18