Fort Walton Beach Council agenda — 02-12-08 regular agenda — reading text

used in this Agreement that are not defined herein shall have the meaning set forth in applicable County ordinances, rules, standards, or resolutions. SECTION 23. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the sane instrument_ SECTION 24. CTION. The parties acknowledge and agree that CONSTRUCTION. this Agreement has been drafted jointly by the parties and that no uncertainty or ambiguity as to the proper application or interpretation of the Agreement or any term herein is to be construed against either party as the drafter of the Agreement. SECTION 25. VENUE. Venue for any action arising out of this Agreement shall be in akaloosa County, Florida. SECTION 26. SUCCESSION. All rights and obligations of the parties to this Agreement shall be binding upon: and shall inure to the parties' successors and assigns. I CTION 27 INDEMNIFICATION. A) The City shall indemnify and hold harmless the County from and against any and all third party claims, demands, damages, losses, and expenses, including attorney's fees and costs, arising out of the County's participation in this Agreement, except for those claims, demands, damages, losses, and expenses arising out of the County' s negligence, malfeasance, nonfeasance, or misfeasance. B) Subject to the limitations provided in section 768.28, Florida Statutes, and without otherwise waiving sovereign immunity, the County shall indemnify and hold harmless the City from and against any and all third party claims, demands, damages, losses and expenses, including attorney' s fees and costs, arising out of the City' s participation in this Agreement, except for those claims, demands, damages, losses and Revised 11/ 20/ 2007 8: 22 AM 9  expenses arising out of the City's negligence, malfeasance, nonfeasance, or misfeasance. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] IN Revised 11/ 20/ 2007 8: 22 A 10  IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF FORT WALTON BEACH Witnessed By: M Signature NAME) Title: Print Name Signature Print Name STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before this me day of 2007 by as for City of Fc)rt Walton Beach, a political subdivision. He /she is personally known to me or has prockiced as identification. Signature of person taking acknowledgment Name of aeknowledg r typed, printed or stamped Revised 11/ 20/ 2007 8: 22 AM 11  IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. Approved as to form: OKALOOSA COUNTY, FLORIDA M Attorney for Okaloosa County Title: ATTEST: Clerk of Okaloosa County STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this 2007 by day of as for Okaloosa County, a political subdivision of the State of Florida. known to me or has produced He /she is personally as identification. Signature of person taking acknowledgment Name of ecknowledger typed, printed or stamped Revised 11/ 20/2007 8: 22 AM 12  243 Regular Council 11/ 27/ 07 WASTEWATERSERVICE AGREEiVfENT Consideration of a request for Council authorization to secure the services of an independent engineering consulting firm and law firm to evaluate the Wastewater Service Agreement presented by Okaloosa County. for treatment of the Cttys influent wastewater flow at the proposed new Arbennie Pritchett Water Reclamation Facility to be constructed immediately east of the City's existing wastewater treatment plant. If approved, sufficient funding is available in the current Fiscal Year 2007 -08 budget for this effort. John Hofstad, Utilities Director, advised that at the October 9, 2007 Council meeting, staff presented information regarding recent talks with Okaloosa County regarding consolidating wastewater treatment operations.He stated that he now has a draft lnterlocal Agreement from Okaloosa County which Staff has reviewed, whereby conceptually, the City would pay a percentage of the County's commercial rate for every 1, 000 gallons of wastewater sent to the new facility for treatment. Mr. Hofstad also presented an overview of the County's Draft Agreement, including monthly service rates, compensation for wet weather flow events, reclaimed wastewater service, and potential impacts resulting from Eglin's EUL Initiative. He further advised that the County's new facility is not expected to be operational until September 2009, that the City has yet to receive a construction permit from the FDEP for the planned renovation work for their treatment facility, and any activities related to the WWTP renovation will be delayed until the County's proposal has been thoroughly analyzed and Council provides direction on how best to proceed. Mr. Hofstad advised that Staff is requesting Council authorization to secure the services of ,an independent engineering consulting firm and law firm to evaluate the Wastewater Service Agreement presented by Okaloosa County for treatment of the City's influent wastewater flow at the proposed new Arbennie Pritchett Mater Reclamation Facility, at an estimated consulting cost of $75, 000.00. Council discussion included the need for a professional, experienced consulting engineering and law firm to negotiate with the County on the City's behalf; the concern of the tertiary supply to the golf course; and the importance of moving forward with the study to ensure the best- interest of the City is upheld. Mr. Minich moved to secure the services of an independent engineering consulting firm and law firm to evaluate the Wastewater Service Agreement presented by Okaloosa County for treatment of the City's influent wastewater flow at the proposed new Arbennie Pritchett Water Reclamation Facility, at an estimated consulting cost of $75,000, to be constructed immedately east- of the City's existing wastewater treatment plant. Mr. Holmes seconded motion and it carried by a vote of 6 to I with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor and Miller-opposed. TRICARE INSURANCE PROGRAM Consideration *of a request for Council authorization to amend the City's current policy with regard to paying 50% of the premium for the Tricare Supplemental Insurance Program and adopt a revised policy whereby the City would not offer any incent'!ve for participation in the Tricare Program, effective January 1, 2008. Mark Wiltsle, Human Resources Director, advised that as a result of-federal legislation enacted last year, starting January 1, 2008, the City can no longer make contributions to the Tricare Supplement. He. stated the policy needs to be amended whereby the City pays 50% of the premium, which Council adopted to 2003.  RETEST FOR PROPOSAL FOR ENGINEERING SERVICES FOR WASTEWATER TREATMENT EVALUATION FOR THE CITY OF FORT WALTON BEACH RFP 08 -109 Issued By: Purchasing Department 143 Hollywood Boulevard NW Fort Walton Beach, Florida 32548 850) 833 -9523 Fax ( 850) 833 -9643 Website.-,, http:// www.fwb.org Date of Issue: December 18, 2007 Due Date/ Time for Receipt of Proposals: January 15, 2008, 2:30 p.m. Local Time N  Engineering Services for Wastewater Treatment Evaluation Request for Proposal 08 -109 TABLE OF CONTENTS Page 1. INTRODUCTION :............................................................................... ............................... 3 2. BACKGROUND: ............................................................................................... m ............. 3- 4 3. SCOPE AND SCHEDULE OF WORK:. ......................................... ............................... 4 -8 4. PROPOSAL DUE DATE: 8 5. SUBMISSION OF PROPOSALS:.......... ....................................... ............................... 9 -10 6. INFORMATION REQUIRED OF PROPOSER: ........................................................ 11 - 14 7. EVALUATION OF PROPOSALS . ...................................................... ............................: 14 8. SELECTION OF PROPOSALS ............... ............................................ ............................. 14 9. DISCUSSIONS WITH RESPONSIBLE PROPOSER AND REVISIONS TOPROPOSAL .................................................................................... ............................. 14 10. QUESTIONS REGARDING SPECIFICATIONS OR PROPOSAL PROCESS. .............. 15 11. CONDITIONS OF PROPOSALS ........................................................ .............................16 12. TERMS AND CONDITIONS OF AGREEMENT ......................