Fort Walton Beach Council agenda — 08-09-11 regular part 2 of 2 — reading text

Page 1 of 2 Laraine Van Etten From: Helen Spencer Sent: Monday, July 11, 2011 2: 18 PM To: Laraine Van Etten Subject: FW: Agreements Put this with the agreement and put in the hold folder in my office. Helen Spencer City Clerk -Fort Walton Beach 85P83Mena 850- 833- 9840- Fax hwancertafeb.o, Original Message---- - From: Estelle Jones Sent: Monday, July 11, 2011 11: 54 AM To: Laraine Van Etten; Michael Beadle Cc: Helen Spencer Subject: RE: Agreements The agreements will continue, but the verbiage will be modified. Hopefully we will get the updated versions from the agencies in time to be included on the August 9 CC agenda. Thank You, Stella Jones, City Planner Engineering Services Department City of Fort Walton Beach, FL P:( 860) 833 -9697 C:( 850) 585 -6166 F:( 850) 833 -9926 ww%;Jwb. ora Original Message---- - From: Laraine Van Ethan Sent: Friday, July 08, 20113: 59 PM To: Michael Beedie; Estelle Jones Cc: Laraine Van Etten; Helen Spencer Subject: Agreements The terms for the attached MCA's expire in August of this year and, according to the terms, shall be renewable under identical terms for additional one- year periods thereafter. Please confirm renewal of these agreements, and whether or not they need to go before Council. Thanks, Laraine Van Etten StaffAsmstant II 7 / 1I /2011  MEMORANDUM OF AGREEMENT BETWEEN FLORIDA DEPARTMENT OF HEALTH OKALOOSA COUNTY HEALTH DEPARTMENT AND CITY OF FORT WALTON BEACH, FL This Memorandum ofAgreement is entered into this I 1 m day of August, 2010, by and between Florida Department of Health, Okaloosa County Health Department OCHD ") and the City of Fort Walton Beach ( City). WHEREAS, Okaloosa County Health Department is responsible for the public health system in Okaloosa County, which is designed to promote, protect, and improve the health of its citizens, and includes environmental health services; and WHEREAS, the parties would like to collaborate to provide multi -modal improvements in the City of Fort Walton Beach to promote and provide infrastructure for physical activity and alternative transportation, reducing greenhouse gas emissions and improving air quality. NOW, THEREFORE, the parties agree as follows: Okaloosa County Health Department responsibilities: 1. Complete reimbursement requests, .disburse payments, and provide indirect project management, 2. Work cooperatively with the City on route and sign design and layout of improvements. 3. Communicate project concerns or issues with the City. City of Fort Walton Beach responsibilities: 1. Direct project management for physical multi -modal improvements within the City of Fort Walton Beach to include management and payment for sub -contract activities. 2. Work cooperatively with the OCHD on route and sign design and layout of improvements to ensure they comply with Healthy Communities/Healthy People guidance. 3. Submit requests for reimbursement to the Okaloosa County Health Department for work performed and sub -contracts paid. TERM  This Memorandum of Agreement will remain in effect for one year and shall be renewable under identical terms for additional one -year periods thereafter if both parties agree. IL FINANCIAL ARRANGEMENTS The City of Fort Walton Beach will be compensated, up to $ 19,000. 00 in installments, upon submission of requests for reimbursement in sufficient detail for a proper pre-audit and post -audit thereof and upon completion of work phases. III. SPECIAL CONSIDERATIONS Confidentiality. Where applicable the parties will comply with the Health Insurance Portability and Accountability Act as well as regulations promulgated thereunder (45 CFR Parts 160, 162, and 164). Indemnification. Each party will be liable for any damages resulting from the negligence of its employees or agents acting within the scope of their employment or agency, in accordance with Section 768.28, Fla. Stat. ( 2009). Nothing herein is intended to waive sovereign immunity by any party to whom sovereign immunity is applicable. Nothing herein shall be construed as consent by any party to be sued by a third party in any matter arising out of any contract. IV. GENERAL CONSIDERATIONS Amendments. No modifications or amendment in the conditions contained herein shall be effective unless contained in a written document and executed by each party hereto. Waiver of Breach. The failure on the part of either party to enforce any material provision of this Agreement on any single occasion shall not constitute a waiver of the right to enforce any and all material provisions of this Agreement, Venue. This Memorandum of Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State of Florida. Independent Contractor. By this Memorandum of Agreement the parties intend to establish between them the relationship of mutually independent contractors. Each party and the officers, employees, agents, subcontractors or other contractors thereof shall not be deemed by virtue of the Memorandum of Agreement to be officers, agents, or employees of the other party. Termination. Either party may terminate this Agreement, with or without cause, with a minimum of thirty (30) days written notice to the other party.  Notices. Except as otherwise provided herein, any notice, acceptance, request, or approval from either party to the other party shall be in writing and sent by certified mail, return receipt requested, and shall be deemed to have been received when either deposited in a United States Postal Service mailbox, or personally delivered with signed proof of delivery. The Okaloosa County Health Department and the City of Fort Walton Beach representatives are: Okaloosa County Health Department Karen A. Chapman, M D M P H 221 Hospital Dr NE Fort Walton Beach FL 32548 City of Fort Walton Beach Robert T Mearns, City Manager 107 Miracle Strip Pkwv Fort Walton Beach FL 32548 V. EFFECTIVE DATE This 3 -page Agreement shall become effective upon the date of its execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed for the uses and purposes therein exprcsse5d_oa4be day and year first above written. o.-. C o Karen A. hapr a , eMeams D irector ger Okaloosa County Health Department City of Fort Walton Beach Date K` l4 ` O Date 8/-d /-?did  10. 5 City Council of Fort Walton Beach 0 To: CrrY MANAGER MEMORANDUM Robert T. Meams, City Manager From: Carole ] ones, Executive Assistant Date: August 9, 2011 Subject: Resolution 2011 -24 Accepting Additional Funding 1. BACKGROUND: 1. 1. In August 2010, City Council adopted Resolution 2010 -19 to accept $ 8, 000 in funding from the Okaloosa County Health Department' s ( OCHD) PACE grant program for stormwater improvements on Barnette Avenue NW. 2. DISCUSSION: 2. 1. The funding for the project was to be leveraged with other grant programs, specifically the FDEP 319 grant, to complete the entire project. 2. 2.. The current grant agreement expires on August 13, 2011, and therefore must be extended to remain active due to delay in federal funding through the FDEP 319 grant program. The revised Memorandum of Agreement with OCHD extends the grant period to December 31, 2011. 2. 3. In addition, the OCHD bad additional funding in the amount of $2, 000 that can be contributed to the project, for a grand total of $10, 000. The revised Memorandum of Agreement reflects the new funding amount of $10,000. 3. FINANCIAL INFORMATION: 3. 1. There is no required match from the City for this project. The funding will be leveraged with the 319 grant and in -kind services to complete the project. 3. 2. The resolution authorizes a budget amendment in the amount of $2, 000 as follows: Revenue Account# 405 -1583- 334 -3600 $ 2, 000 Expense Account# 405- 1583 -538 -6355 $ 2, 000 4. 4. 1. Staff recommends City Council approval of Resolution 2011 -24 to amend the PACE grant agreement with the Okaloosa County Health Department to extend the project deadline to December 31, 2011, and increase the total funding amount to $ 10,000 to construct stormwater improvements on Burnette Avenue NW. DOCID 1368 Page I Packet Pg. 178  RESOLUTION ( ID # 1368) ATTACHMENTS: 8 -9 -11 OC MOA ( DOC) 8 -9 - 11 E -M from OCHD ( PDF) 8 -9 -11 Res 2011 -24 ( DOC) SIGNATURE BLOCK: Carole Jones Completed 08/ 03/ 2011 11: 05 AM Carole Jones Completed 08/ 03/ 2011 11: 05 AM City Manager Completed 08/ 03/ 201111: 05 AM City Council Pending  F- 1 0. 5.a OKALOOSA COUNTY HEALTH DEPT Memorandum of Agreement - Amendment Review Routing Form Steps 1 — 3 accomplish via email TO ACTION SIGNATURE and DATE I Manager /POC Email to Branch Sr. Leader 2 Branch Senior Leader Review & email to Contract Administrator 3 Business Office Review 4 5 Contract Administrator Legal Counsel Review & email to Legal Counsel Review & Sign & email to Contract aca LLLL Administrator 6 Contract Administrator Sign & Route to POC