Fort Walton Beach Council agenda — 04-28-09 regular — reading text

ink), spaced on white 8- 1/ 2" x 11 paper. Please Include a word count' Number of words 2009 Florida Municipal Achievement Awards Program Nomination Form Category ( Please check one) See Award Criteria for more information. Please print or type. One nomination per page. FLORIDA CITY SPIRIT AWARD Name of Project Nominated by Name of City /TownNillage) C1 FLORIDA CITIZENSHIP AWARD Name of Project Nominated by Name of City /TownNillage) ENVIRONMENTAL STEWARDSHIP AWARD Name of Project Nominated by Name of City /TownNillage) Contact Person Please print or type. Name Title Government Address Telephone Number Fax E -mail Address OVER ]  CITY OF FORT WALTON BEACH MEMORANDUM DATE: April 17, 2009 TO: Robert Mearns, Acting City Manager FROM: Brandy Wunker, Finance Director SUBJECT: City Council Pension Training Background The City of Fort Walton Beach has three separate pension plans: the Police Officers' Pension Plan, the Firefighters' Pension Plan, and the General Employees' Pension Plan. The Police and Fire Pension Plan' s are administered separately by individual Board of Trustees' as provided by Florida State Statutes. The City Council serves as the Board of Trustees' for the General Employees' Pension Plan. Discussion: In June 2008, the City engaged The Bogdahn Group to perform the services of Financial Advisor for the General Employees Pension Plan. As part of their agreement with the City, the Bogdahn Group will provide training to the Board of Trustees for the Pension Plan. Mr. Joe Bogdahn, with The Bogdahn Group, would like to schedule an " Investment 101" course at the pleasure of the City Council. At previous meetings, d City Council indicated their desire for this training to be scheduled prior to the presentation of the 2 " quarter reports, which will be presented at the May 26, 2009 City Council meeting. As Mr. Bogdahn will be in attendance at that meeting, staff would like to schedule the training on the same day. Recommendation: Staff respectfully requests City Council schedule a workshop to commence at 5: 00 p. m. on Tuesday, May 26, 2009, for pension training for the Board of Trustees of the General Employees' Pension Plan. Submitted by: Brandy Wunker, Finance Director 1- 21 b I. ate Reviewed for Agenda: , 1ZZ O/a 1- bert T. Mearns, Acting City Manager Date  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, Acting City Manager From: John Hofstad, Utility Services Director Date: April 17, 2009 Subject: T- Mobile Telecommunications Lease Amendment Background: On September 5, 1997, the City of Fort Walton Beach entered into a telecommunications lease with DiGiPH PCS, Inc. for co- location of cellular equipment upon and around the City's elevated water storage tank located at 623 Anchors Street in the Commerce and Technology Park. The initial term of the agreement was for five ( 5) years with two automatic renewal terms of five ( 5) years each, for an overall lease term of fifteen ( 15) years. In exchange for allowing the co- location of cellular equipment on the elevated water tank, DiGiPH PCS agreed to compensate the City in the amount of $ 14,400 annually. In February 2001, an Assignment and Assumption Agreement recorded in the Official Records, Bk 2281 Pg 954, by the Okaloosa County Clerk of Court officially transferred interests in the telecommunications lease agreement from DiGiPH PCS to Eliska I, Wireless Ventures Incorporated. The regional wireless telecommunications company, Powertel / Memphis, Inc., purchased Eliska Wireless in January 2006 and is now the lessee for this arrangement. giant, Powertel / Memphis is owned by T-Mobile, a subsidiary of global telecommunications Deutsche Telekom. Discussion: T- Mobile' s agent, Powertel /Memphis, Inc., recently contacted City staff to request an amendment to the current lease to allow the installation of additional equipment on the site. Specifically, Powertel /Memphis is requesting City approval to install an additional antenna set upon the water demands. The telecommunications lease with tank to meet existing coverage existing Powertel /Memphis does allow for the installation of additional antenna sets at a pre -defined cost to the lessee. Specifically and in accordance with existing lease requirements, Powertel /Memphis may be allowed to install additional antenna sets if The Lessee agrees to compensate the City additional annual rental fees in the amount of 3,600, plus any annual escalators applied since the lease was originally executed. The Lessee agrees to secure all necessary permits, including an engineering tower analysis if required by the Lessor. Staff informed the lessee' s agent that the re- calculated lease fees for the additional antenna set amounted to $ 4,697. 69, to which Powertel /Memphis has agreed to compensate the City for the additional equipment. Furthermore, the City required and the lessee provided a structural analysis by a licensed professional engineer ensuring that the City's elevated water storage attached) certified tank can support the additional equipment. Upon satisfying the requirements of the existing lease, Powertel/ Memphis submitted a lease amendment for execution by both parties, which has been The subsequently reviewed and approved by the City Attorney ( see attached. current Telecommunications Lease with Powertel/ Memphis expires in 2012, at which time the City will renegotiate the lease and all associated fees and stipulations. Recommendation: Staff requests City Council authorization for the City Manager to execute an amendment to the Telecommunications Lease, MT-302T, by and between the City of Fort Walton Beach and Powertel/ Memphis, Inc. for the addition of one ( 1) antenna set and ancillary equipment upon and If approved, around the City's elevated water storage tank located at 623 Anchors Street. Powertel/ Memphis, Inc. agrees to compensate the City of Fort Walton Beach $ 4,697.69 annually in addition to the current annual rate for existing event on site. Submitted ohnMofsta& Utilities Director Reviewed for Agenda: Zr' obelYT. Mearns Acting City Manager Attachments: 1. Structural Report prepared by Infinigy Engineering, PLLC 2. Amendment to Telecommunications Lease 3. City Attorney concurrence email dated 4/ 21/ 09 Site # 9MT0302T FWB Water AMENDMENT TO TELECOMMUNICATIONS LEASE THIS AMENDMENT TO TELECOMMUNICATIONS LEASE ( "Amendment ") is made and entered into on 2009, by and between the City of Fort Walton Beach, Florida, a Florida municipal corporation ( "Lessor "), and Powertel/ Memphis, Inc., a Delaware corporation, as successor in interest to Digiph PCS, Inc., an Alabama corporation ( "Lessee "). Recitals The parties recite, declare and agree as follows: A. Lessor and Lessee entered into a TELECOMMUNICATIONS LEASE dated September 5, 1997, ( including any prior amendments, the " Lease "), with respect to the water tank located at 623 Anchors Street, Fort Walton Beach, FL, 32548. B. Lessor and Lessee desire to enter into this Amendment to modify and amend certain provisions of that Lease. NOW, THEREFORE, in consideration of the mutual covenants and agreements in this Amendment and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Lessor and Lessee covenant and agree as follows: 1. Effective as of , 2009, Lessee will have the right to modify its telecommunications facilities to have the total amount of equipment that is described and depicted on Exhibit A, which is attached hereto and by this reference incorporated herein. Lessor consents to and approves of the modifications described in Exhibit A, subject to issuance of a building permit by the Development Services Division pursuant to the City' s Code. 2. Effective on the rental commencement date, as defined in the Lease, the Rent that Lessee pays Lessor will be increased by Four Thousand Six Hundred Ninety Seven Dollars and 69/ 100 ($ 4,697. 69) per year. 3. Lessee' s notice addresses in the Lease are deleted in their entirety and replaced with the following: If to Lessee: With a copy to: Powertel/ Memphis, Inc. Powertel/ Memphis, Inc. c/ o T- Mobile c/ o T-Mobile f' 5545 Business Parkway 12920 SE 38` Street Theodore, AL 36582 Bellevue, WA 98006 Attn: Lease Administrator Attn: PCS Lease Administration 4. Lessee, Powertel/ Memphis, Inc., a Delaware corporation, does hereby expressly assume, by the execution of this amendment, all the agreements, rights, duties, and obligations of Lessee as set forth in that original TELECOMMUNICATIONS LEASE dated September 5, 1997, and as thereafter may have been amended.  5. The terms and conditions of the Lease are incorporated in this Amendment by this reference. Terms used in this Amendment shall have the same meaning as such terms are given in the Lease. Except as specifically modified by this Amendment, the remaining terms of the Lease are ratified by the parties and shall remain in full force and effect. If there is a conflict between the terms and conditions of the Lease and this Amendment, the terms and conditions of the Lease will govern and control. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year first written above. CITY OF FORT WALTON BEACH, POWERTEL/MEMPHIS, INC., FLORIDA, a Delaware corporation a Florida municipal corporation By: By: Name: