Fort Walton Beach Council agenda — 10-27-2009 - regular — reading text

Small Equipment Repairs 800 200 260 10,634 260 539 -4640 Building Maintenance 325 25.00% Janitorial Supplies 325 4,489 4,077 5, 903 6, 750 539-539-06500650 Grounds Maintenance 10, 125 50. 00% Fertilizer 3,000 Pesticides /Herbicides 6,200 Sod 500 Irrigation Repair Parts 425 1080 -Cemetery 10119009 9:45 AM - 26-  CITY COUNCIL MEETING October 27, 2009 Consent Agenda Renewal of Motor Vehicle Lease for Disaster Transportation Services between the City of Fort Walton Beach and Okaloosa County School Board Synopsis: The retirement homes known as Silver Sands Apartments have residents requiring assistance should the needfor evacuation arise. This agreement would provide for a 60 -seat bus from the School Boardfor evacuation purposes for this property Agenda Item Number: 3. 4  CITY OF FORT WALTON BEACH MEMORANDUM DATE: October 27, 2009 TO: Robert Mearns, City Manager FROM: Mike Dutton, Fire Chief SUBJECT: Motor Vehicle Lease for Disaster Transportation Services between the City of Fort Walton Beach and Okaloosa County School Board BACKGROUND: The Fire Marshal conducted a survey a week ago of all residents within the Silver Sands Apartment complex to see if they would still require transportation to an emergency shelter should they be ordered to evacuate due to a hurricane threat. The results received by staff indicated that there has been no change to the need at the two apartment buildings known as White Sands I and H St. in the southeast sector of the City. The site 3rd located on Windham Ave. near area is important because it places the buildings within the Zone C evacuation perimeter. Surge models indicate this would be within easy reach of both Category 4 and 5 Hurricanes. The buildings are each five story retirement homes that do not fit the criteria of an Assisted Living Facility (ALF). If they were in this category they would be required by law to have their own evacuation plan and their own transportation. Its current status ultimately makes it the City' s responsibility. DISCUSSION: Okaloosa County Emergency Management has pledged to use an existing MOU with Okaloosa County Transit to move the other 15 families who reside within the City of Fort Walton Beach and have expressed a need for a ride to a shelter. Unfortunately, OCT does not have a bus big enough to transport the 45 residents from the White Sands complex. FINANCIAL: Okaloosa County School Board has agreed to enter into a lease agreement allowing us to use one of the 60- seat -capacity school buses to accomplish the move. The cost to the City will be $60.00 a day and $1. 20 per mile. The City will provide a properly licensed driver, Class A with a P and an S endorsement. The City will also provide proper insurance coverage and maintenance during the time it is in its possession. 27_ RECOMMENDATION: Staff recommends Council allow the Mayor to resign the lease agreement on behalf of the City. The lease document has been reviewed and approved by the City Attorney for legal sufficiency. Reviewed and Concur: Reviewed for Agenda: 64 U Robert T. Meares City Manager 28_ Mike Dutton From: Toni Craig [ toni @tonicraig. info] Sent: Tuesday, October 06, 2009 4: 06 PM To: Mike Dutton Subject: RE: 10 -01 The bus lease agreement is sufficient. Thank you. Please note my new email address: toni @tonicraig. info Toni L. Craig Attorney at Law Fla Bar No 115444 850 ) 243 - 6969 www. tonicraig. info Original Message---- - From: Mike Dutton [ mailto: mdutton @fwb. org] Sent: Tuesday, October 06, 2009 2: 47 PM To: Toni Craig Subject: FW: 10 - 01 Toni, Please find enclosed this year' s bus lease agreement between the City and the School Board District. This is an annual agreement and the only change is the dates. Seeking legal sufficiency. Mike Dutton, Fire Chief City of Fort Walton Beach Fire Dept. 5 NE Hollywood Blvd. Fort Walton Beach, FL 32548 850) 833 - 9564 direct line 850) 833 - 9565 office 850) 833 - 9685 fax mdutton @fwb. org Original Message---- - From: fdcopier @fwb. org [ mailto: fdcopier @fwb. org] Sent: Tuesday, October 06, 2009 1: 43 PM To: Mike Dutton Subject: This E - mail was sent from " fdcopier" ( Aficio 3025). Scan Date: 10. 06. 2009 14: 42: 37 ( - 0400) Queries to: fdcopier @fwb. org Please Note: a very broad public records law. Most written communications to Florida has or from City of. Fort Walton Beach officials are public records available to the public and media upon request. Your e - mail address and communications may therefore be subject to public disclosure. Think Green - Please consider the environment before printing this e - mail. No virus found in this incoming message. Checked by AVG - www. avg. com Version: 8-. 5. 420 / Virus Database: 270. 14. 4/ 2416 - Release Date: 10/ 06/ 09 06: 50: 00 29_  MOTOR VEHICLE LEASE FOR DISASTER TRANSPORTATION SERVICES THIS MOTOR VEHICLE LEASE, effective as of , 2009 is between THE SCHOOL BOARD OF OKALOOSA COUNTY, FLORIDA of 120 Lowery Place SE, Fort Walton Beach, Okaloosa County, FL 32548, ( hereinafter referred to as " Lessor ") and the CITY OF FORT WALTON BEACH for and on behalf of its EMERGENCY MANAGEMENT AGENCY, of 5 N.E. Hollywood Boulevard, Fort Walton Beach, Florida 32548, hereinafter referred to as " Lessee "). SECTION ONE DESCRIPTION OF VEHICLES AND PURPOSE Lessor shall lease to Lessee and Lessee shall lease from Lessor one ( 1) motor vehicle during times of disaster when Lessee' s facilities must be vacated (hereinafter referred to as the " Vehicle "). The Vehicle shall be sixty -five (65) passenger school buses selected by Lessor from its rolling fleet. SECTION TWO LEASE PAYMENTS Lessee shall pay as lease payments for each ofthe Vehicle provided under this Lease the sum of $60.00 per day per vehicle for each day that the Lessee has possession of the Vehicle plus One Dollar and 20/ 100 ($ 1. 20) per mile for all mileage that the Vehicle is driven from the point of delivery of the Vehicle to Lessee to the return site for the Vehicle which shall be Lessor' s transportation facilities.All Lease payments are payable by the tenth day of the month following the Lessee' s use of the Vehicle. All lease payments shall be made by Lessee to Lessor at Lessor's address herein set forth or to such other address as Lessor shall designate to Lessee in writing from time to time. SECTION THREE TERM OF LEASE This lease will. commence on December 1, 2009, and terminate on November 30, 2010, unless sooner terminated by either party as may be provided for under this lease agreement. 30-  SECTION FOUR PICK -UP OF VEHICLE In the event that inclement weather or other disaster should cause Lessee to have to provide evacuation transportation services to certain of its citizens, the Lessee shall notify Lessor ofthe need for the Vehicle under this Lease. Lessor shall use all reasonable diligence to identify and prepare the leased Vehicle for pick up by Lessee within four (4) hours of notice from Lessee, but shall not be liable to Lessee for any failure or delay in the availability of the vehicle. Notwithstanding the provisions of this Agreement, the Lessor shall have priority in the use of its vehicle for its own purposes and shall have no duty to provide any such vehicle to Lessee in the event that the School District has to use the vehicle for its own disaster evacuation. SECTION FIVE LICENSING AND REGISTRATION The Vehicle subject to this lease shall bear license plates and the title shall be registered in the name of Lessor. Unless otherwise specified, Lessor, where required, shall register the Vehicle in conformance with the laws of the State of Florida. SECTION SIX ACCEPTANCE BY LESSEE Any Vehicles accepted by Lessee for use under this lease, unless Lessee gives immediate written notice to the contrary, shall be conclusively presumed to be in neat and proper appearance, both inside and out, in good repair, mechanical condition, and running order when accepted by Lessee. SECTION SEVEN USE OF VEHICLES Lessee shall not use or permit the use of the leased Vehicle in a negligent or improper manner, or so as to avoid any insurance covering the Vehicle, or permit the Vehicle to become subject to any lien, charge, or encumbrance. SECTION EIGHT COMPLIANCE WITH LAWS The leased Vehicle, while in the possession, custody, or control of Lessee will not be 31- operated in excess of their respective rated maximum passenger limit as specified in this