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PUBLIC AGENDA SESSION MARCH 20.2014 102 The Agenda Review Session of the Board of Public Works was convened at 10:40 a.m. on Thursday, March 20, 2014, by Board Member Kathryn Roos, with Board Members David P. Relos, Patrick M. Henthorn and Brian J. Pawlowski present. Board President Gary Gilot was absent. Also present was Board Attorney Cheryl Greene. Board of Public Works Clerk, Linda M. Martin, presented the Board with a proposed agenda of items presented by the public and by City Staff. Board members discussed the following item(s) from that list. - Procession — Glow in the Park 5k Mr. Dean Reinke, USRA, was present to address the Board regarding the Glow in the Park 5k Race. Attorney Cheryl Greene informed him that today is the Agenda Review Session, the Board will not take action today; they will just review their previous approval of his application. She noted that Mr. Reinke stated he would not be in town next Tuesday for the Regular Meeting of the Board so it is important to get into the record anything he needs to. Ms. Greene stated the City has a couple of issues of concern; one is that they would like written confirmation, for the record, from all of his listed event sponsors confirming they are a sponsor; and second, the Board has questions on how the decision is made on how the event goes forward if there is a need to cancel, including how funds and refunds are handled. Mr. Reinke stated he lives in Florida and will not be in town on Tuesday. He noted he has been working on the event with various sponsors for a while. Relative to his cancellation policy, he stated if it is weather related or natural disaster, he would work in conjunction with the City on whether to cancel. He explained they run their races in all types of weather and generally will not cancel unless the City feels it is necessary. He stated they decide together with the City. Mr. Reinke informed the Board he would be willing to sign a statement for the City, agreeing to give refunds of registrations due to cancellation for any reason, outside of a natural disaster. Mr. Relos questioned when the refund would kick in. Mr. Reinke stated that anything outside of a weather or natural disaster that would force cancellation. Mr. Relos stated so in the case of a weather related cancellation, the money would not be refunded. Mr. Reinke stated in the case of severe weather, or natural disaster, that is correct. He added even if we had one runner, we would still do the race; it's not our option to not do the race. Ms. Kara Boyles asked how many online reservations they get. Mr. Reinke stated they will know for sure the week before the event, noting they cut off registration the day before the event. Mr. Reinke stated "I'm willing to say to you and sign off that we will refund the money if we don't do the event." Ms. Greene questioned how they will relay that information to the registrants. Mr. Reinke stated they will put it on their website and it will probably be front page news due to the coverage the news is currently giving his event. Mr. Reinke added that currently they have sixty -six (66) people registered and are hopeful that if the event is allowed to happen, to have 300 to 400 runners. He added that even if not, they will still do the race, Ms. Greene stated the other question is regarding the sponsors listed. She read the names of the current list of sponsors listed on his website and noted there's a question on who the charity beneficiary is at this point and how it's communicated. She informed Mr. Reinke he would need to provide written communication from each sponsor and charity affirming they are committed before Tuesday's Board meeting. Mr. Reinke stated he could do that but there are a few situations where sponsors are waiting for the Board's decision. He said if this gets approved, it could change who the sponsors and charities are. Mr. Reinke confirmed the Food Bank agreed they don't want to be involved. Mr. Eric Horvath, Director of Public Works, stated the sponsors and charities can put in their letter that it is pending the City approval. Mr. Relos requested Mr. Reinke put the refund information on the race website by Tuesday and that it won't be canceled due to weather related issues unless it is severe weather. Mr. Reinke agreed to do so. - Change Order — Digester No. 2 Upgrade and Digester Cleaning Mr. Jacob Klosinski, Wastewater, stated this Change Order is due to several issues, all of which are necessary and unforeseen. He went on to explain these issues include pipe conflicts in the tunnels and asbestos abatement. He noted the increase also includes the cost of a pump rental through December to perform the work necessary to address these issues. — Special Purchase — Kirby Risk Mr. Jacob Klosinski, Wastewater, stated this is a sole source purchase of software to upgrade the SCADA network server and software. He stated the way it was explained to him is it is similar to upgrading Windows. Ms. Roos questioned if Information Technologies has signed off on this one. Ms. Greene stated she had followed up with Keith and he has. Mr. Eric Horvath, Director of Public Works, stated "I get why we need the sole source and the compatibility, but is Kirby Risk the only vendor that sells this ?" Mr. Klosinski stated, no, there are other vendors, but they have areas they service and this is the vendor in this area. Attorney Cheryl Greene clarified to him it is