Fort Walton Beach Council agenda — 03-13-2007 regular agenda — reading text

Page 12 of 16 455 PO Box 404 244 Racetrack Rd NE 456 Shalimar, FL 32579- 0404 Fort Walton Beach, FL 32547- 1866 457 458 459 4. 5 Captions 460 The captions and section designations in this Interlocal Agreement are 461 for convenience only and shall have no substantive meaning. 462 463 464 4. 6 Severability 465 If any section, paragraph, sentence, clause, or provIsion of this 466 Interlocal Agreement is held by a court of competent jurisdiction to be invalid, 467 such shall not affect the remaining portions of this Agreement and the 468 remaining portions shall remain in full force and effect. 469 470 471 4. 7 Entirety of Agreement 472 This Agreement represents the entire understanding between the 473 parties, and supersedes all other negotiations, representations, or agreement, 474 either written or oral, relating to the provisions of this Interlocal Agreement. 475 476 477 4. 8 Modification; Amendment 478 Any modification or amendment to this Interlocal Agreement shall not 479 be valid and binding unless and until such modification or amendment is 480 approved through an official act of both parties. 481 482 483 4.9 Official Version 484 This Agreement shall be executed in two originals and each party shall 485 maintain one original. The County shall cause to be recorded with the Clerk of 486 the Circuit Court in and for Okaloosa County, Florida, a copy of its original. In 487 the event of a dispute of any term or provision of this agreement, the 488 document version last properly executed and filed with the Clerk of the Circuit 489 Court shall be considered the controlling versiQn. 490 491 In witness whereof, the parties have executed this Interlocal 492 Agreement on the dates indicated below. 493 494 BOARD OF COUNTY COMMISSIONERS 495 OKALOOSA COUNTY, FLORIDA 496 497 js; iacourthouse3 6 07fmal draft  Interlocal Agreement Page 13 of 16 498 499 500 Date By: Don R.Amunds, Chairman 501 502 503 Witness: 504 505 Printed Name: 506 507 508 Witness: 509 510 Printed Name: 511 512 513 Attest: 514 Clerk of Court 515 516 SEAL) 517 518 519 Approved as to Form and Legal Sufficiency: 520 521 522 523 John R. Dowd, Sr., County Attorney 524 525 526 CITY COUNCIL 527 CITY OF FORT WALTON BEACH 528 529 530 531 Date By: Mike Anderson, Mayor 532 533 534 535 Witness: 536 537 Printed Name: 538 539 540 Witness: js; iacourthouse3 6 07fmal draft  Interlocal Agreement Page 14 of 16 541 542 Printed Name: 543 544 545 Attest: 546 Clerk of Court 547 ( SEAL) 548 549 Approved as to Form and Legal Sufficiency: 550 551 552 553 Toni L. Craig, City Attorney js; iacourthouse3 6 07final draft  Interlocal Agreement Page 15 of 16 554 EXHIBIT A 555 Legal Description of 16. 3 Acre Parcel 556 557 js; iacourthouse3 6 07fmal draft Leaal Descriotion of prooerty to be conveyed to Okaloosa County. Commencing at a General Land Office monument dated 1937, 2" pipe with brass cap, which is at the quarter section corner common to section 25 and 26, T- 1- S R- 24- W, being also a corner of a tract of land conveyed to the Board of Public Instruction, Okaloosa County, Florida, on 30 December 1970, and a corner of a tract of land owned by the United States of America at Eglin Air Force Base; thence N 87048' 29" W, along the said boundary of said Board of Public Instruction tract which is along the boundary of said United States tract 1150. 83 feet to an unnumbered 4" x 4" concrete monument; thence S 01047'58" W, along the boundary of said Board of Public Instruction tract which is along the boundary of said United States tract 1726. 18 feet more or less to a unnumbered 4" x 4" concrete monument on the northern right- of- way line of State Road 189 and to the point of beginning; thence S 65040' 01" W along the northern right- of- way line of said road 1718. 69 feet to a rod and cap # 4167; thence N 01047'58" E, 882. 25 feet; thence N 90000' 00" E, 938. 86 feet; thence S 00000' 00" W, 173. 65 feet; thence N 90000' 00" E, 599.45 feet more or less to the point of beginning. The parcel described herein contains 16. 30 acres, more or less and is a portion of Parcell ( Tract 943) and a portion of Parcel 2 ( Tract 944) as recorded in the Official Records Book 2663, Page 4937, Okaloosa County, Florida.  lnterlocal Agreement Page 16 of 16 558 EXHIBIT B 559 Legal Description Depicting Description of Current Joint Use Area js; iacourthouse3 6 07fmal draft Leaal Descriotion of oarkina area at Northwest Florida Fairarounds. Commencing at a General Land Office monument dated 1937, 2" pipe with brass cap, which is at the quarter section corner common to section 25 and 26, T- l-S R- 24- W, being also a corner of a tract of land conveyed to the Board of Public Instruction, Okaloosa County, Florida, on 30 December 1970, and a corner of a tract of land owned by the United States of America at Eglin Air Force Base; thence N 87048' 29" W, along the said boundary of said Board of Public Instruction tract which is along the boundary of said United States tract 1150. 83 feet to an unnumbered 4" x 4" concrete monument; thence S 01047'58" W, along the boundary of said Board of Public Instruction tract which is along the boundary of said United States tract 1726. 18 feet more or less to a unnumbered 4" x 4" concrete monument on the northern right- of- way line of State Road 189; thence S 65040' 01" W along the northern right- of- way line of said road 824. 26 feet to a rod and cap # 3134 and to the point of beginning; thence S 65040' 01" W along the northern right- of- way line of said road 894.43 feet to a rod and cap # 4167; thence N 01047'58" E, 882. 25 feet; thence N 90000' 00" E, 803.40 feet; thence S 01047'58" W, 513. 53 feet more or less to the point of beginning. The parcel described herein contains 12. 87 acres, more or less and is a Book portion of Parcell ( Tract 943) as recorded in the Official Records 2663, Page 4937, Okaloosa County, Florida.  CITY COUNCIL MEETING March 13, 2007 Regular Agenda Consideration of waiving the formal bid process and authorize the City Manager to execute an engagement letter with O' Sullivan Creel, entering into a three year agreement for auditing services Finance Director) Council Action 1st 2nd Vote: Agenda Item Number: RG- 9  CITY OF FORT WALTON BEACH MEMORANDUM To: Joyce Shanahan, City Manager From: Lisa Absher, Finance Director V Date: March 8, 2007 Subject: Request to Extend Audit Services by O' Sullivan Creel Q> A's Background: The City of Fort Walton Beach is required to have an external audit performed yearly, and its results presented to City Omncil, for each fiscal year' s accounting activity. The City has engaged the accounting firm of O' Sullivan Creel, LLP to perform the annual audit services since 1995. Initially, a three- year contract was negotiated to perform the audits for FY1995, and then extended through FY2003. The current contract extension will expire with the current FY2006 audit. The current three- year contract started with audit fees of $55, 515 for the first year, and 3% COLA increases each year thereafter. Current audit fees are $ 58, 509 total P. O., $52, 400 paid year-to- date for the FY2006 audit. Auditing services may be bid out annually- or the City Omncil may waive the bidding process and permit contracts and extensions, as has been the case with this service in the past. Discussion: important that the City Council engage an auditing firm with experience and expertise in It is municipal audits, governmental financial statements, and issues affecting local government finances. Staff is recommending that the City continue with the auditing firm of O' Sullivan Creel due to their extensive knowledge of the City's financial system, their high-level of expertise and technical knowledge, their beneficial experience in auditing a large number of governmental entities in our area, and in-depth understanding of issues and pronouncements that have great impact on our City. O' Sullivan Creel has proposed a contract extension for an additional three years, with a 3% increase each year as follows: FY2007 60,265 FY2008 62,073 FY2009 63, 935 Staff is requesting to waive the bidding process and continue with O' Sullivan Creel, LLP. An Engagement Letter outlining the proposal and services is attached, and Jody Henderson, Partner  th O' Sullivan Oeel, will be available at the OJuncil Meeting to address any questions that may anse. Recommendation: Gty Council authorizes the Gty Manager to execute the Engagement Letter, entering into a three- year agreement with O'Sullivan Oeel, to perlonn auditing services for the Gty of Fort Walton Beach for FY2007, FY2008 and FY2009. Submitted By: 3/ 0lT/ O'T-- Lisa A~ D~-:; or Date Reviewed and Concur. 3/ PJD9- oye; anahan, Gty Manager Date Attachments: 1. Engagement Letter from O' Sullivan Creel, LLP 2  O'SUWVAN CREEL., LLP Certified Public Accountants & Consultants 45 Beal Parkway, N.E. P. O. Box 1600 Fort Walton Beach, FL 32549 850) 244- 5121 Fax ( 850) 664- 2562 March 6, 2007 www. osullivancreel. com Ms. Joyce Shanahan, City Manager City of Fort Walton Beach, Florida Fort Walton Beach, Florida 32548 Joyce, In accordance with tenus of our contract for auditing services dated August 19, 2003,