Fort Walton Beach Council agenda — 04-12-11 regular — reading text

40. Drip -proof construction 2 VOLTAGE REGULATOR: Item # Description 41. Voltage adjusting rheostat 42. EMI filter ( Internal Electromagnetic Interference) 43. Under -speed protection 44. Over-excitation protection 45. Fully encapsulated 46. Regulation — 1 % OPTIONS CONTROL PANEL: Item # Description 47. Provide 1 set of alarm contacts Normally Open — connected to the engine control switch which will close when unit is in " Auto" ti COOLING SYSTEM: N r No Options Selected FUEL SYSTEM: Item # Description 48. Fuel/ Water Separator, mounted and connected 49. Sub -base mounted fuel tank, UL Listed ( Capable of unit operation for 24 hours @ full load, Minimum of 100 gallons) Fuel tank fittings, fill cap, and gauge connections must be located within the generator set enclosure to provide security. NOTE ** The fuel tank shall not be built as such that it is part of the frame of the transport trailer. EXHAUST SYSTEM: Item # Description 50. Muffler Mounted Inside Generator Cabinet Muffler must not be exposed to weather. ** 51. Rain Cap 3 ENGINE ELECTRICAL SYSTEM: Item # Description 52. Battery, Minimum 625 Cold Cranking Amps, Mounted 53. Battery Rack " Mounted" 54. Battery Charger - Automatic, " Mounted and wired" 55. Jacket Water Heater, 120Volt AC " Mounted and Wired to Terminal" GENERATOR: Item # Description 56. Main Line Circuit Breaker, " Mounted and Wired" 57. PMG Excitation & DVR 2000 Regulator ADDITIONAL OPTIONAL EQUIPMENT: Item # Description 58. Oil Drain Extension 59. Housing: Weatherproof Aluminum All Doors Keyed Alike 12Volt DC Interior Lighting "Timer Control, Mounted and Wired - Control Panel Side of Unit. TRAILER: Item # Description 60. Wheels —Galvanized Steel Spoke 61. 2ea Rear Mounted Stabilizing Jacks 62. 1 ea Tongue Jack 63. 2ea Wheel Chocks 64. 2" Ball Coupler 65. Electric Brakes with Break -away Switch 66. Wiring and Lights to Conform to 50 State Standard for Night Operations MISCELLANEOUS FINISH PAINT: Standard Factory Color Il TESTING: Standard Commercial Test @ Factory MANUALS: Two ( 2) sets of Operation and Maintenance Manuals START UP: Start up, training, and warranty validation on site by representative WARRANTY: Standard Factory Warranty for Stand -by duty Optional Five (5) year warranty SPARE PARTS: lea KASSEC Engine Control Module; 12 or 24 Volt as needed This unit it to be shipped wet to include lube oil and a 50/ 50 water anti -freeze mix. The price is to include delivery. SUBMITTAL A submittal is required which shall state exactly what is being provided in the bid, this is needed to verify compliance with the specifications listed above. Failure to provide this information will be cause to disallow the bid. 5  City Council of Fort Walton Beach FINANCE MEMORANDUM To: Robert T. Mearns, City Manager From: Brandy Wunker, Finance Director Date: April 12, 2011 Subject: Res. 2011 - 11 - BP Release and Covenant L BACKGROUND: 1. 1. The Deepwater Horizon oil spill in the Gulf of Mexico resulted in lost water, sewer, sanitation, sales tax and golf course revenues for the City . 2. DISCUSSION: 2. 1. The method established by BP for determining lost revenues was to compare the months of March/ April 2010 with March/ April 2009 to establish a forecast of anticipated revenues that would have been received during the months of May to September 2010 if the oil spill had not occurred. The amount by which actual revenues did not reach the forecast level represents the City's lost revenue. 2. 2. The City filed several claims with BP for lost revenues for the months of May to September 2010 based on the decline in tourism as a result of the oil spill: 2. 1. 1 Claim 17- 185788 -05 -1, Golf Fees & Cart Rentals, $ 64, 898 2. 1. 2 Claim 17- 185788 -05 -2, Sales Tax, $ 30, 343 2. 1. 3 Claim 17- 185788 -05 -3, Water & Sewer, $ 45, 750 2. 1. 4 Claim 17- 185788 -05 -4, Garbage & Tipping, $ 7, 578 2. 3. In order to receive payment for lost revenues in the amount of $148, 570, the City must execute a Partial Release and Covenant Not to Sue. The release refers specifically to the claims listed in section 2. 2 ( revenue types and time period), and the purpose is to prevent double recovery of lost revenues. 2. 4. Any claims other than those listed in section 2. 2 are reserved and may be submitted to BP at a later time. 2. 5 The City Attorney has reviewed the release and has found it to be legally sufficient. 3. FINANCIAL INFORMATION: 3. 1. Once received, the revenues will be recorded in the appropriate fund: 3. 1. 1 Golf Fund $64, 898 3. 1. 2 General Fund $ 30, 343 3. 1. 3 Utilities Fund $45, 750 DOC ID: 1205 Page 1  RESOLUTION ( ID # 1205) 3. 1. 4 Sanitation Fund $ 7, 578 4. RECOMMENDATION: 4. 1. Staff requests City Council adopt Resolution 2011 -11 authorizing the Mayor to execute the Partial Release and Covenant Not To Sue in order to receive payment from BP in the amount of $148, 570. ATTACHMENTS: Partial Release and Covenant Not To Sue DOCX) Resolution 2011 - 11 ( DOC) SIGNATURE BLOCK: Finance Completed 04/ 01/ 2011 9: 1. 3 AM Charlotte Dunworth Completed 04/ 01/ 2011 9: 33 AM City Attorney Completed 04/ 01/ 2011 10: 04 AM Carole Jones Completed 04/ 01/ 120112: 54 PM City Manager Completed 04/ 01/ 20113: 08 PM City Council Pending  PARTIAL RELEASE AND COVENANT NOT TO SUE 1. In consideration of payment in the amount of ONE HUNDRED FORTY - EIGHT THOUSAND FIVE HUNDRED SEVENTY and NO /100 DOLLARS ($ 148, 570. 00), the City of Fort Walton Beach, Florida, hereinafter " Claimant ", individually and on behalf of Claimant' s agencies, departments, components, or other instrumentalities of any kind, administrators, elected or unelected officials or officers, delegates, assigns, insurers, attorneys, or other agents of any kind ( collectively " Affiliates "), hereby releases and forever discharges, and covenants not to sue BP Exploration & Production Inc. (` BP ") and the other Released Parties for lost revenue claims related to Claimant' s sales tax, golf fees and cart rentals, water and sewer revenues, and garbage and tipping fees for the generation months of May, 2010 through September, 2010, assigned claim numbers 17- 185788 -05 -1, 17- 185788 -05 -2, 17- 185788 -05 -3 and 17- 185788 -05 -4, as defined in Attachment A (hereinafter, " Released Claims "). 2. This Partial Release and Covenant Not to Sue applies to all Released Claims regardless of the legal or equitable theory under which they are advanced ( including ( but not limited to) legal and equitable theories under federal, state, local, and international law, and including without limitation statutory law, regulation, common law, maritime law, strict liability, negligence, gross negligence, punitive damages, nuisance, trespass, and all other legal and equitable theories), whether existing now or arising in the future, arising out of or in any way relating to the Incident. Any Claims the Claimant may have other than the Released Claims are specifically reserved, but this Partial Release and Covenant Not to Sue is intended to prohibit any form of double recovery by the Claimant and its Affiliates for the Released Claims, without regard to the nomenclature used or legal theory invoked in an attempt to recover twice for the same Released Claim, and the parties intend that this Partial Release and Covenant Not to Sue will be interpreted in that fashion. 3.Released Parties means anyone who is or could be responsible or liable in any way for the Incident or any damages related thereto, including (but not limited to) those liable for the Released Claims, whether a person, company or governmental entity, including ( but not limited to) BP, the parties listed on Attachment " B" hereto, the federal Oil Spill Liability Trust Fund and any state or local fund, and each of their respective Affiliates. 4. Claimant represents and warrants that its undersigned representative ( i) has authority to execute this Partial Release and Covenant Not to Sue; ( ii) has not received any payment from any insurer or other party ( other than BP) in connection with the Incident; and ( iii) has not sold or otherwise transferred or assigned any of the Released Claims, or any interests in such Released Claims. 5. Claimant will dismiss with prejudice within 10 days of executing this Partial Release and Covenant Not to Sue any litigation concerning the Released Claims ( in their entirety or to the extent necessary to end litigation to recover for the Released Claims) filed by or on behalf of Claimant against BP or any other Released Parties. Claimant also will withdraw from any existing and will not join any new class actions or similar procedural devices concerning the Released Claims ( in their entirety or to the extent necessary). 1263  6. This Partial Release is not intended to prevent any of the Released Parties from exercising their respective rights of contribution, subrogation, or indemnity under the Oil Pollution Act of 1990 ( " OPA ") or any other law. As this Partial Release is fully and completely resolving Claimant' s Released Claims under OPA, BP is hereby subrogated to any and all rights that Claimant has arising from the Incident for those Released Claims. 7. The payment( s) to Claimant is /are made without any admission of liability or wrongdoing by BP or any other Released Party. 8. The provisions of this Partial Release and all questions with respect to the construction and enforcement thereof and the rights and liabilities hereto shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida, without regard to conflicts of laws principles. 9. This Partial Release supersedes any and all other agreements, written or oral, between BP and Claimant with respect to such subject matter of this Partial Release. 10. Attachment " C" to this Partial Release and Covenant Not to Sue is a resolution authorizing Michael G. Anderson, Mayor of the City of Fort Walton Beach, to execute this Partial Release and Covenant Not to Sue on behalf of Claimant and Claimant' s