Fort Walton Beach Council agenda — 06-30-05 — reading text

just want to make sure you concur with this change before | attach the revised documents to the agenda item. Thanks! Charlotte From: AttyCrg@aol.com [mailto:AttyCrg@aol.com] Sent: Wednesday, June 08, 2005 8:07 AM To: nmcdonald@fwb.org; Charlotte Dunworth Subject: Girard Avenue Releases of Lien Nancy/Charlotte, Attached are three releases for the assessment liens against the properties on Girard Avenue. | advise that these releases should go before the Council for approval, in the consent agenda, authorizing the Mayor and City Clerk to execute them. Toni L. Craig Attorney at Law Fla. Bar No. 0115444 151 Mary Esther Bivd Ste 408 Mary Esther FL 32569 (850) 243-6969 Fax: (850) 244-8929 Accountability ~ Pride ~ Commitment 6/22/2005 Page 1 of 1 Charlotte Dunworth From: AttyCrg@aol.com ‘t: Wednesday, June 08, 2005 8:07 AM Jo: nmcdonald@fwb.org; Charlotte Dunworth Subject: Girard Avenue Releases of Lien Nancy/Charlotte, Attached are three releases for the assessment liens against the properties on Girard Avenue. | advise that these releases should go before the Council for approval, in the consent agenda, authorizing the Mayor and City Clerk to execute them. Toni L. Craig Attorney at Law Fla. Bar No. 0115444 151 Mary Esther Bivd Ste 408 Mary Esther FL 32569 (850) 243-6969 Fax: (850) 244-8929 Accountability ~ Pride ~ Commitment The information contained in this email may be ATTORNEY-CLIENT privileged and should not be disseminated to or viewed by anyone other than the named recipient. if you are uncertain, please ask. 6/8/2005 Message Page | of 1 Charlotte: Dunworth From: Charlotte Dunworth nt: Thursday, April 28, 2005 3:18 PM 10: ‘attycrg@aol.com' Ce: Charlotte Dunworth; Mike Burton; Joyce Shanahan Subject: Release of Lien - Girard Avenue Good afternoon Toni, In January 2002 City Council passed Resolution 02-1, which levied a special assessment for the street paving of Girard Avenue. The assessments have been paid in full for some of these properties and the City would like to release the lien on those properties. We would appreciate if you could prepare and file the appropriate paperwork for the properties listed below. If you have any questions or require additional information, feel free to contact me or Mike. Name Property Payoff Date Lurk 200-212 Girard 07/23/04 Ponder 224 Girard 12/09/04 Willard 215 & 221 Girard 04/28/05 Thank you, Charlotte 6/16/2005 CITY COUNCIL MEETING June 30, 2005 a Consent Agenda Consideration of an Agreement with VMS, Inc. for the Subcontracting of Maintenance of FDOT Rights-of-Way locate in the City Limits. (Public Works Director) - Council Action 1st 2nd Vote: a Agenda Item Number: CA -6 City of Fort Walton Beach MEMORANDUM TO: Joyce Shanahan, City Manager FROM: Thomas Murray, Public Works Director DATE: June 21, 2005 SUBJECT: Agreements with VMS, Inc. for State Highway Right-of-Way Maintenance Background: In July 2004 at the beginning of FDOT’s fiscal year (FY) 04-05, VMS, Inc. began an “asset management” contract for the Florida Department of Transportation (FDOT). Under that comprehensive seven-year long-term contract, VMS maintains the FDOT rights-of-way (ROW) south of I-10 in four counties: Okaloosa, Walton, Santa Rosa, and Holmes. Essentially, FDOT privatized their ROW maintenance work in this region. As part of VMS’s performance, they subcontract much of the work to local governments and private contractors. The VMS subcontracting to local governments is very similar to how FDOT contracted out the maintenance work to local governments prior to starting their asset management contractor program. The start of the VMS contract was a major transition for FDOT and had a number of administrative coordination problems. Through it all, City crews continued maintaining the FDOT ROW, as they previously had for several years under agreement with FDOT, with the understanding that VMS would pay for the services following the contract ratification. This Council item presents the FY 04-05 agreement for ratifying approval and the FY 05-06 agreement for approval. The two agreements are attached and labeled Contract No. 3802 (the FY 04-05 agreement) and Contract No. 4892 (the FY 05-06 agreement). Discussion: The work areas in both agreements are the same and include portions of: e US Highway 98 Eglin Parkway Beal Parkway Lewis Turner Boulevard Mary Esther Cut-Off Perry Avenue The work elements include mowing, litter removal, and edging/sweeping. LOLhEG The level of service required by the proposed VMS agreements is defined as a number of cycles per year for each work element, at the level that FDOT requires of VMS. As a practical matter, City crews perform the work at a higher level of service to ensure a better appearance than just performing at the minimum level required by FDOT. The unit pricing in the proposed VMS agreements is consistent with the other local municipalities that are currently performing the services under similar VMS agreements and covers the City costs for performing the required services. The annual amount of each agreement is $42,503.32. As discussed in the City Attorney’s e-mail of June 21, 2005, Contract No. 4892 contains three provisions that need modification. The agreement may be approved at this time, conditioned upon satisfactorily resolving those issues. Recommendation: Staff respectfully recommends the following actions: e Approve Contract No. 3802 for FDOT’s FY 04-05, ratifying it for the performance period, and authorize the City Manager to sign the agreement. e Approve Contract No. 4892 for FDOT’s FY 05-06 and authorize the City Manager to sign the agreement, subject to the City Manager’s satisfaction with the resolution of the agreement’s issues addressed above. Submitted By: 6/21/05 omas Murray, Public Workgpirector Date Reviewed and Concur: Joyce Shanahan, City Manager Date Attachments: Contract No. 3802 Contract No. 4892 City Attorney e-mail of June 21, 2005 Page 1 of 2 Thomas Murray From: AttyCrg@aol.com Sent: Tuesday, June 21, 2005 5:42 PM To: Thomas Murray Subject: VMS Contract 2004-2005 and 2005 Revised Tom, | have reviewed 1) the FDOT RFP, 2) VMS' Technical Proposal, 3) VMS' Short Form Contract for July 1, 2004 to June 30, 2007, and 4) VMS' General Contract Conditions. Considering that we are at the end of the first contract and have operated under the unsigned agreement for the past year, Council should ratify the contract and authorize execution by the City Manager. As to the new VMS General Contract, there are three provisions that need modification. The Council should authorize the City Manager to work with VMS to resolve these issues. Specifically, these revisions would be: Paragraph C.3. Other Requirements, Law and Venue, should incorporate the same language as what is stated in paragraph 8.F. of the FDOT Standard Written Agreement between VMS and FDOT. | am very uncomfortable with the indemnity provision in Paragraph C.7. Other Requirements, Indemnity. Instead, that paragraph should incorporate and be similar to the language stated in paragraph 4.A. of the FDOT Standard Written Agreement between VMS and FDOT. Paragraph 8.A. Miscellenous of this subcontract specifically states that the Vendor/VMS is NOT an agent of the FDOT. Therefore, as an entity standing in the shoes of VMS, either through assignment or sublet, we are relinquishing some of our rights to sovereign immunity and incurring additional liability. At a minimum, the indemnity language should have the following phrase added: "Nothing herein shall be deemed to be a waiver by the City of its rights to sovereign immunity." Paragraph E. Miscellaneous, needs revision. First, it states that the "Special Provisions" shall govern, yet, | do not see any section regarding or entitied Special Provisions. The agreement is not a stand alone, complete agreement. The subcontract should incorporate the Standard Written Agreement between VMS and FDOT, and make the SWA the governing document in the event of conflict between the SWA and this subcontract. Finally, the Standard Written Agreement requires any sublet or assignment of the main contract be authorized by consent of FDOT. Is this a sublet or assignment, and has it been authorized by FDOT? If you have any questions, please call me. Toni L. Craig Attorney at Law Fla. Bar No. 0115444 151 Mary Esther Bivd Ste 408 Mary Esther FL 32569 (850) 243-6969 Fax: (850) 244-8929 Accountability ~ Pride ~ Commitment The information contained in this email may be ATTORNEY-CLIENT privileged and should not be disseminated 4/91/9004 CITY COUNCIL MEETING June 30, 2005 ee Consent Agenda Consideration of Award of Matching and Streetscape Grant to S & V Ventures, Inc. (CDS Director) Community Redevelopment Agency Recommendation: Approval 5-0 (5/4/05) Council Action 1st 2nd Vote: a Agenda Item Number: CA -7 CITY OF FORT WALTON BEACH COMMUNITY DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM Date: June 20, 2005 To: Joyce Shanahan, City Manager Through: | Missy McKim, AICP, Director, Community Development Servi From: OY Peggy Fowler, AICP, Planner II, Community Development Services Subject: Consideration of Approval of a Matching Streetscape Grant for 217 Miracle Strip Parkway SE, and for the City to enter into an FDOT Highway Landscape Maintenance Memorandum of Agreement for the improvements within the FDOT right-of-way, and for the City to enter into a Streetscape Maintenance Agreement with S & V Ventures, LLC, for the improvements within a 2’+ streetscape easement to be granted to the City REQUEST: S & V Ventures, LLC requests approval of matching funds from the Matching Streetscape Program for streetscape improvements at 217 Miracle Strip Parkway within the FDOT right-of- way and within a 2.6’ streetscape easement they will grant to the City. These improvements include installation of decorative pavers and landscaping. BACKGROUND: The CRA Special Revenue Fund has sufficient funds budgeted in fiscal year 2004-05 for the Matching Streetscape Program. The program offers 50/50 matching grants of up to $10,000.00 to commercial property owners for improvements to the public right-of-way and on a streetscape easement of up to 10’ in width granted to the City, as an incentive to improve the appearance of the City’s streetscapes. DISCUSSION: The improvements entail the removal of existing hardscape and the installation of decorative pavers and landscaping meeting the Tree Replacement Plan approved by the City Council for the downtown main street of US 98. The total cost estimate for installing the streetscape improvements:is $2,677.54. The total dollar amount of these improvements that would be eligible for matching funds is $1,338.77. RECOMMENDATION: It is recommended that City Council approve grant funds in the amount of $1,338.77 for the streetscape improvements made to 217 Miracle Strip Parkway SE subject to the following conditions: Matching Streetscape Grant for 217 Miracle Strip Parkway SE Page 1 of 2 COLA#HT