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

the parties acknowledge that this project and. agreement are intended to be ongoing fbT at least four years. Now, therefore, in consideration of the mutual covenants and agreernents hereinafter contained, the parties hereto agree as follows: t  1. Scope of Services. The Alliance shall provide the service3 set forth in the .Scope of Services outlined in Exhibit-Aattached and incorporated by reference. If the partics—__ w4sh to expand the Scope of Services, they shall do so only by written amendment approved by the City. 11. Compensation. The City will compensate the Alliance for those services as described in the Scope of Services which are performed during the period of the term of this Agreement. The Alliance N& ill receive a total of FIFTY ONE THOUSAND AND FIVE HUNDRED DOLLARS ($ 513500) on an annual basis, subject to appropriation by the City Council of the City of Fort Walton Beach.. Payments to the Alliance will be made in the following manner: Payments shall be made quarterly upon receipt of signed invoice frorn the Alliance to the City. Following approval by City Council and the execution of this Agreement by both parties, the Alliance may invoice the City for the first quarterly payment to be due no later than 15, June 2007. This first quarterly payment and all other quarterly payments to the Alliance shall be TWELVE THOUSAND AND 131014T HUNDRED AND SEVENY FIVE DOLLARS 12, 875). Quarterly payment schedule to the Alliwice is as folloNvs: June 15 ( 1" Quarter) cad September 15 ( 2 Quarter) d Deccmber 15 (,-3 , Quarter) h March 15 ( 4' Quarter) 0 I  111. Reports. The Alliance will proNide quarterly reports to the City detailing activities services provided under the terms of this Agreemen-L-- The Alliance will also furriish quarterly financial reports and invoices outlining the expenditures referenced within this Agreement. The reports will be provided to the City on the same schedule referenced above in the quarterly payments and no later than along with the quarterly invoice, Additionally, the Alliance will coordinate with the City to develop the annual NPDES report that will be submitted to the Department of Enviroru-nental Protection ( DEP) as part of the City' s annual compliance requirement. TV. Term of Agreement. The term of this Agreement shall he f1br one year beginning Febniary 147 2007, and renewable upon approval by City Council, for two subsequent years. V. Termination of Agreement. This Agreement may be terminated by either party, with or without cause. upon SIXTY ( 60) days' written notice- If this Agreement is so temi1nated, the Alliance shall be paid for all work performed, and not yet invoiced, pursuant to the terms and conditions of this Agreement, up to the date of termination. 0 In Witness Whereof, the parties hereto have executed the Agreement as of the day and year fir3t writtcn-above. City of Fort Walton Reach Q11A By: 2rT printe .. U ame: Joyce Shanahan, City Manager Date: Attest: Helen Spencer, C1 Clerk Choctawhatchft-Basin Alliance of QkQoosa Walton College 0 Dr--,- jAes R. Richburg Date: Witnesse.s.- By: & dAie4 Printed Name: a Printed Name: / ki (9 w,Y",  Page 1 of 1 Sam Wilson From: Toni Craig [tonicraig@cox.net] Sent: Tuesday, February 05, 200812:20 PM To: Sam Wilson Cc: John Hofstad Subject: C13A/ FW13_ Contract_2007 Sam The attached contract is approved for submission to the Council for renewal, if there have been any changes in the agreement, i request that you send the new contract to me for approval. Thank you. Toni L Craig Fla Bar No 115444 Phone (850) 243 -6969 Fax ( 850) 244 -8929 www.tonicraig.info Attorney for City of Fort Walton Beach CONFIDENTIALITY NOTICE: This email is from Toni L. Craig, Attorney at Law, and is intended only for the use of the addressee. if you received this email in error, please notify me immediately, delete the email from your computer and do not copy or disclose it to anyone else. if you are not a current client of Toni L Crroij Attorney atLow, do not construe anything in this email to make you a client unless specifically stated. Do not disclose anything to me in any reply that you expect to be kept confidential. ifyou are a client, you should keep the contents of this email confidential to preserve the attorney -client or work product privilege, if any. 2/ 5/ 2009  CITY COUNCIL MEETING February 12, 2008 General Public General Public on items of City business Agenda Item Number: 5  CITY COUNCIL MEETING February 12, 2008 Public Hearing Agenda - Second Reading Consideration of Ordinance 1751, accepting certain public improvements made by Presidio Developers, LLC Utilities Director) Council Action 1st 2nd Vote: Agenda Item Number: 6  ORDINANCE 1751 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; ACCEPTING CERTAIN PUBLIC IMPROVEMENTS MADE BY PRESIDIO DEVELOPERS, LLC; ACCEPTING A ONE -YEAR WARRANTY OFFERED BY PRESIDIO DEVELOPERS, LLC; RATIFYING PAYMENT OF CONSTRUCTION OVERAGES; AND SETTING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION I. AUTHORITY The authority for enactment of this ordinance is pursuant to the powers of the City of Fort Walton Beach as provided in section 2 of the City Charter, and section 166.021( 1), Florida Statutes ( 2007). SECTION 11. ACCEPTANCE OF PUBLIC IMPROVEMENTS The City does hereby accept into the public system the water utility improvements constructed and lying partly within the area of that Easement recorded at Official Record Book 2811, Page 3570, and the public right of way, and as more particularly described in Exhibit A which is attached and incorporated by reference, for all purposes of ownership and maintenance of those improvements for public use and benefit. SECTION III. ACCEPTANCE OF OFFER OF WARRANTY The City does hereby accept the offer by Presidio Developers, LLC, of a twelve month warranty beginning as of the effective date of this ordinance and in the form attached in Exhibit B which is incorporated by reference. SECTION IV. RATIFICATION OF PAYMENT OF CONSTRUCTION OVERAGES The construction of the public improvements described in Exhibit A exceeded the total cost originally approved by the City Manager as a result of unforeseen conditions in and at the improvement area. Therefore, the payment of $ 3, 180.25 as additional compensation directly to Presidio Developers, LLC is hereby ratified. SECTION V. EFFECTIVE DATE This ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. ADOPTED: MIKE ANDERSON, MAYOR ATTYDRAFT 2 Jan 08 ATTEST: Approved as to form, legal sufficiency, and codification. HELEN SPENCER, CITY CLERK TONI L. CRAIG, CITY ATTORNEY New language is underlined Deleted language is stFisken Codification Instructions: Not to be codified. ATTYDRAFT 2 Jan 08  Page 1 of 1 Michael Beedie From: Toni Craig [tonicraig@cox.net] it: Monday, January 14, 2008 5:03 PM 1416: Michael Beedie Subject: RE: Revised Ordinance 1751 & Staff Report for Acceptance of Presidio Water Main Improvements Michael The ordinance revision is legally sufficient. The staff report does not require my approval or concurrence. Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 Tomorrow is a new day, you shall begin it serenely and with too high a spirit to be encumbered with your old nonsense. Emerson From: Michael Beedie [ mailto: mbeedie@fwb.org] Sent: Monday, January 14, 2008 5: 05 PM To: Toni Craig Cc: John Hofstad Subject: Revised Ordinance 1751 & Staff Report for Acceptance of Presidio Water Main Improvements Toni, nscussed, 1 have revised the ordinance and staff report to reflect the " ratification" of the payment of the additional labor and materials to install the 12" water main in front of Presidio Condominiums. Please review the attached documents and make any necessary comments. Thanks, Michael D. Beedie, P. E. Utilities Operations Manager City of Fort Walton Beach P. O. Box 4009 203B Hollywood Boulevard NW Fort Walton Beach, FL 32549 Phone: ( 850) 833 -9612 Fax: ( 850) 833 -9690 Cell: ( 850) 585 -9158 Nextel: 186* 13224* 8 E -Mail: mbeedie fw_ b. org Website: www.fwb. org 1/ 31/ 2008  ORDINANCE 1751 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; 4 PROVIDING AUTHORITY; ACCEPTING CERTAIN PUBLIC 5 IMPROVEMENTS MADE BY PRESIDIO DEVELOPERS, LLC; 6 ACCEPTING A ONE-YEAR WARRANTY OFFERED BY PRESIDIO 7 DEVELOPERS, LLC; RATIFYING PAYMENT OF CONSTRUCTION 8 OVERAGES; AND SETTING AN EFFECTIVE DATE. 9 10 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 11 OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: 12 13 SECTION 1. AUTHORITY 14 The authority for enactment of this ordinance is pursuant to the powers of the 15 City of Fort Walton Beach as provided in section 2 of the City Charter, and section 16 166. 021 (1), Florida Statutes (2007). 17 18 SECTION 11. ACCEPTANCE OF PUBLIC IMPROVEMENTS 19 The City does hereby accept into the public system the water utility 20 improvements constructed and lying partly within the area of that Easement recorded at 21 Official Record Book 2811, Page 3570, and the public right of way, and as more 22 particularly described in Exhibit A which is attached and incorporated by reference, for 1- 23 all purposes of ownership and