BOARD OF PARK COMMISSIONERS OF THE CLEVELAND METROPOLITAN PARK DISTRICT THURSDAY, JANUARY 26, 2017 Cleveland Metroparks Administrative Offices Rzepka Board Room 4101 Fulton Parkway Cleveland, Ohio 44144 8:00 A.M. – REGULAR MEETING AGENDA 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. MINUTES OF PREVIOUS MEETING FOR APPROVAL OR AMENDMENT • Regular Meeting of January 6, 2017 Page 82924 4. FINANCIAL REPORT Page 01 5. NEW BUSINESS/CEO’S REPORT a. APPROVAL OF ACTION ITEMS i) General Action Items (a) Authorization and Revision to Change Fund and Petty Cash Fund Page 04 (b) Red Line Greenway: Authorization of Grant Submittal to Clean Ohio Page 09 Trails Fund (c) Contract Amendment: RFP #6114-b – Euclid Creek Restoration Area 2 – Page 10 Acacia Restoration – Construction Guaranteed Maximum Price ii) TABULATION AND AWARD OF BIDS RECOMMENDED ACTION RELATED TO ALL BIDS: Page 12 (a) WSCA/NASPO Co-Op #6241: Goodyear Tires Page 13 (b) Sole Source #6244: 2017 Beer, Wine and Spirits for Resale Page 14 (c) Sole Source #6245: Paid Media Advertising for 2017 Page 15 (d) Ohio Co-Op #6246: Four New White 2017 4DR AWD Ford Police Page 16 Explorers and Two New Black and Sterling Gray Taurus Units (e) Commodities Usage Report: • Bid #6083: Solid Waste Removal and Recycling Services Page 17 January 26, 2017 Page 2 iii) PURCHASES PURSUANT TO BY-LAW, ARTICLE V Page 18 iv) CONSTRUCTION CHANGE ORDERS Page 20 b. APPROVAL OF VOUCHERS AND PAYROLL – Resolution No. 17-01-013 Page 21 6. PUBLIC COMMENTS 7. INFORMATION/BRIEFING ITEMS/POLICY a. Chief Executive Officer’s Employee Guest(s): • Dakota Benjamin, Geospatial Developer Page 22 • Joni Webster, Business Specialist/Analyst Page 22 b. A Centennial Moment – Winter Fun in Cleveland Metroparks Page 22 8. OLD BUSINESS a. None. 9. DATE OF NEXT MEETING Regular Meeting – Thursday, February 16, 2017 – 8:00 a.m. Cleveland Metroparks Administrative Offices Rzepka Board Room 4101 Fulton Parkway, Cleveland, Ohio 44144 EXECUTIVE SESSION 1. Acquisition/Purchase of Real Property JANUARY 6, 2017 82924 MINUTES OF THE BOARD OF PARK COMMISSIONERS OF THE CLEVELAND METROPOLITAN PARK DISTRICT JANUARY 6, 2017 The Board of Park Commissioners met on this date, Friday, January 6, 2017, 8:00 a.m., at the Board’s office, 4101 Fulton Parkway, Cleveland, Ohio. The roll call showed President Bruce G. Rinker, Vice President Debra K. Berry, and Vice President Dan T. Moore, to be present. It was determined there was a quorum. Chief Executive Officer, Brian M. Zimmerman, Chief Financial Officer, Karen Fegan, and Chief Legal and Ethics Officer, Rosalina M. Fini, were also in attendance. JUDGMENT ENTRY FROM CUYAHOGA COUNTY PROBATE COURT APPOINTING DAN T. MOORE III AS A MEMBER OF THE BOARD OF PARK COMMISSIONERS FOR THE TERM BEGINNING JANUARY 1, 2017 AND ENDING DECEMBER 31, 2019. In the absence of Presiding Probate Court Judge Anthony J. Russo, the Oath of Office was administered by Chief Legal and Ethics Officer, Rosalina M. Fini, to Dan T. Moore III as a member of the Board of Park Commissioners of the Cleveland Metropolitan Park District for the full term of three years, beginning January 1, 2017 and ending December 31, 2019. A copy of the Journal Entry, Doc. 133, Case No. 89032, is reflected on pages 82947 to 82952. The bond, in the amount of Five Thousand Dollars ($5,000.00), written by The Cincinnati Insurance Company, and the Journal Entry, were filed with and approved by the Auditor of Cuyahoga County, in accordance with the requirements of the law, as shown on pages 82953 to 82955. Dan T. Moore III took the Oath of Office, thereby becoming a qualified member of the Board. JANUARY 6, 2017 82925 ORGANIZATION OF THE BOARD. No. 17-01-002: It was moved by Dan T. Moore, seconded by Debra K. Berry and carried, to nominate Bruce G. Rinker as President of the Board for 2017, and further, to nominate Debra K. Berry and Dan T. Moore as Vice Presidents of the Board for 2017; and further, to appoint Brian M. Zimmerman as Chief Executive Officer/Secretary and to serve in his official capacity on the boards of the Destination Cleveland, Cleveland Neighborhood Progress, Flats Forward and Northeast Ohio Sustainability Community Consortium; and further, to continue the appointment of Karen Fegan as Chief Financial Officer/Treasurer. Vote on the motion was as follows: Ayes: Ms. Berry, Messrs. Moore and Rinker. Nays: None. APPOINTMENT OF COUNSEL: Pursuant to Article 5, Section 2(b) of the By-Laws, a Request for Proposals (RFP #6231) was issued for legal services on October 25, 2016 for a term of one year with the ability for four, one- year renewals. A review of the proposals was conducted based upon the following categories: (1) Statement of Capability/Biographies; (2) Prior Work History; (3) Compensation/Billing Rate; and (4) Diversity and Inclusion. The firms listed below are recommended by staff. The following individuals were present in representation of their respective firms: Jeffrey R. Appelbaum of Thompson Hine LLP; Steve Zashin of Zashin & Rich Co. LPA; Jim Climer of Mazanec, Raskin & Ryder Co.; L.P.A., Mike Bertsch of Nicola, Gudbranson & Cooper, LLC; Michelle Sheehan of Reminger & Co., LPA; Louis McMahon and Keely O’Bryan of McMahon DeGulis; and Jeffrey C. Miller and Victoria L. Ferrise of Brennan, Manna & Diamond. No. 17-01-003: It was moved by Vice President Moore, seconded by Vice President Berry and carried, to appoint the following law firms for 2017: 1. Thompson Hine LLP as General Counsel of the Board, at the rate of $270.00 per hour for attorneys ($250.00 per hour in 2014, 2015 & 2016); $183.00 for the time of non-lawyers, i.e., paralegals, law clerks and other non-lawyers ($170.00 per hour in 2014, 2015 & 2016); JANUARY 6, 2017 82926 APPOINTMENT OF COUNSEL (cont.) 2. Zashin & Rich Co., LPA Labor Relations & Employment Counsel at the rate of $270.00 per hour for partner-level attorneys ($245.00 in 2014, 2015 & 2016); $245.00 per hour for associate-level attorneys ($225.00 in 2014, 2015 & 2016); and $125.00 for the time of non-lawyers, i.e., paralegals, law clerks and other non-lawyers ($110.00 in 2014, 2015 & 2016); Employment Defense Litigation Counsel at the rate of $270.00 per hour for partner-level attorneys ($245.00 in 2014, 2015 & 2016); $245 per hour for associate-level attorneys; $125.00 per hour the time of non-lawyers, i.e., paralegals and law clerks ($110.00 in 2014, 2015 & 2016). Disclaimer: Zashin & Rich agrees to perform this work at whatever the agreed upon rate was with the applicable carrier. Rate would also never exceed the agreed upon non-insurance CMP/ZR rate; Workers’ Compensation Counsel, at the rate of $215.00 per hour for partner-level attorneys ($215.00 in 2014, 2015 & 2016); $185 per hour for associate-level attorneys ($185.00 in 2014, 2015 & 2016); and $110.00 for the time of non-lawyers, i.e., paralegals, law clerks and other non-lawyers ($110.00 in 2014, 2015 & 2016); 3. Reminger Co., LPA as Defense Litigation Counsel at the rate of $165.00 per hour for partners ($165.00 per hour for partners in 2014, 2015 & 2016); $145.00 per hour for associates ($145.00 per hour for associates in 2014, 2015 & 2016); and $110.00 per hour for the time of non-lawyers, i.e., paralegals and law clerks ($110.00 per hour for the time of non-lawyers in 2014, 2015 & 2016); 4. Mazanec, Raskin & Ryder Co., L.P.A. as Defense Litigation Counsel at the rate of $165.00 per hour for partners ($165.00 in 2014, 2015 & 2016); $145 per hour for associates ($145.00 in 2014, 2015 & 2016); and $110.00 per hour for the time of non-lawyers, i.e., paralegals, law clerks and other non-lawyers ($110.00 in 2014, 2015 & 2016); 5. Nicola, Gudbranson & Cooper, LLC as Workers’ Compensation Counsel at the rate of $181.00 per hour for attorneys ($181.00 per hour in 2014, 2015 & 2016), $110.00 per hour for the time for paralegals ($110.00 in 2014, 2015 & 2016), and $75.00 for legal assistants and law clerk; 6. McMahon DeGulis as Environmental Projects Counsel at the rate of $250.00 per hour for partners, $210.00 per hour for associates and $170 per hour for paralegals and law clerks; JANUARY 6, 2017 82927 APPOINTMENT OF COUNSEL (cont.) 7. Brennan, Manna & Diamond Criminal Prosecution at the rate of $80.00 per hour attorneys; Public Sector at the rate of $250.00 per hour for partners; $210.00 for associates and $110.00 per hour for paralegals and law clerks; Defense Litigation Counsel at the rate of at the rate of $165.00 per hour for partners; $145.00 per hour for associates; and $110.00 per hour for the time of non-lawyers, i.e., paralegals and law clerks. Disclaimer: Brennan, Manna & Diamond (BMD) agrees to perform this work at whatever the agreed upon rate was with the applicable carrier. Rate would also never exceed the agreed upon non-insurance CMP/BMD rate; General Matters at the rate of $250.00 per hour for partners; $210.00 for associates and $170.00 per hour for paralegals and law clerks; Vote on the motion was as follows: Ayes: Ms. Berry, Messrs. Moore and Rinker. Nays: None. ADOPTION OF 2017 BY-LAWS. No. 17-01-004: It was moved by Vice President Moore, seconded by Vice President Berry and carried, to adopt the 2017 By-Laws as reflected on pages 82956 to 82962. Vote on the motion was as follows: Ayes: Ms.