Fort Walton Beach Council agenda — 01-11-05 - regular — reading text

Contractors minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor' s and failure of such a group to an obligation shall not be a defense for the Contractor' s noncompliance. 4 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women~both minority and nonminority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner ( for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables of affmnative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or fmn debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to out such carry sanctions and penalties shall be in violation of these specifications and Executive Order 1 1246, as amended. 13. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status ( e. g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easy understandable and retrievable form however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. 14. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affIrmative action steps, at least as extensive as those standards prescribed in Paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. lfthe Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 604. 8. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for hiring of local or other area residents ( e. g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 5  Toni L. Craig Attorney at Law 21 December 2004 John Hofstad City of Fort Walton Beach PO Box 4009 Fort Walton Beach, FL 32549 Re: USDA Letter of Opinion Dear John, Enclosed is my letter of opinion for the canal clean- out project. If I can otherwise help, please contact me. Sincerely, 6~ Toni L. Craig tIcl 151 Mary Esther Blvd Ste 408 Mary Esther FL 32569 850) 243- 6969 Fax: ( 850) 244- 8929 Cell: ( 850) 582- 6909 Email: attycrg@ao1.com  Toni L. Craig Attorney at Law 21 December 2004 Mr. T. Niles Glasgow State Conservationalist USDA-Natural Resources Conservation Service Gainesville, FL 32614- 1510 Re: Assurances Re: Real Property/ Land Rights Dear Mr. Glasgow, I am the City Attorney for the City of Fort Walton Beach, Florida. As the City Attorney, I have reviewed the United States Department of Agriculture Natural Resources Conservation Service Project Agreement, all attachments, and other necessary documents to form as stated in this letter. my opinion The City desires to clean out certain canals and ditches of debris from Hurricane Ivan. It is my legal opinion that the has City adequate land rights to each area of concern to carry out the work of this project. If you have any questions, please contact me. Sincerely, Cb~~ Toni L. Craig tIc/ CC: John Hofstad 151 Mary Esther Blvd Ste 408 Mary Esther FL 32569 850) 243- 6969 Fax: ( 850) 244- 8929 Cell: ( 850) 582- 6909 Email: attycrg@ao1.com  CITY OF FORT WALTON BEACH MEMORANDUM DATE: December 27, 2004 TO: Joyce Shanahan, City Manager FROM: Mark Wiltsie, Director of Human Resources ~ SUBJECT: City Pension Attorney / Rate Increase Backe:round: As you are aware, James W. Linn, with the law firm Lewis, Longman & Walker, P. A. has provided the City with pension/retirement legal advice for many years. In addition to assisting the City with respect to legal issues involving the General Employees Retirement Plan, Mr. Linn and his firm provide advice regarding activities of the Police and Fire Retirement Plans, State and Federal legal requirements, and provide valuable lobbying efforts in State legislative matters. In December 2004, the City received a letter from Mr. Linn which requested an increase in the rates charged by his firm for legal services. The proposed rates are effective January 1, 2005. Analvsis: The following are the current and proposed rates for legal services performed by Lewis, Longman and Walker, P. A.: Current Proposed Shareholders ( i.e. Mr. Linn) 210. 00 215. 00 Associate Attorneys 170. 00 175. 00 Paralegals 95. 00 100. 00 The City expends approximately $ 8, 000 to $ 9, 000 per year in pension legal services. I do not anticipate we will exceed the 2004/ 05 budget due to this rate increase. Based on my review of this request and data gathered on current rates for specialized legal counsel, I consider this request reasonable. With Mr. Linn' s expertise in pension legal matters, I believe we are fortunate to have his services. In this regard, there continues to be pension legislation introduced in the state legislature each year which requires lobbying efforts in the best interests of the City of Fort Walton Beach. Mr. Linn 1  LEWIS, LONGMAN & WALKER, EA. ATTORNEYS AT LAW HELPING SHAPE FLORIDA' S FUTURE@ REPLY To: TALLAHASSEE www. llw-Iaw. com December 16, 2004 i,;~71819:o ? :;.~>, I Et ?lfj Mr. Mark W. Wiltsie" r ," /:} ~ 1\ ~~:' / r'[ 11t2fA Human Resources Director t.W- CEIV(