Fort Walton Beach Resolution — 2010-18 - Fl Dept of Health, Pace Program — reading text

RESOLUTION 2010- 18 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTINGFUNDING THROUGH THE FLORIDA DEPARTMENT OF HEALTH AND THE OKALOOSA COUNTY HEALTH DEPARTMENT FOR THE BURNETTE AVENUE BIORETENTION PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT DOCUMENTS; AUTHORIZING THE ENGINEERING & UTILITY SERVICES DIRECTOR TO OVERSEE THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND SETTING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: The Okaloosa County Health Department through the Florida Department of Health' s Protocol for Assessing Community Excellence in Environmental Health ( PACE) Program provides funding for community projects that improve environmental health. The City is eligible to participate in this competitive grant program, and has been awarded a project total of $ 8, 000 ($ 8, 000 grant funds and $ 0 City match) for the Burnette Avenue Bioretention Project identified in the Gap Creek Water Quality Improvement Study completed by HDR Engineering, Inc. in 2009. The City Council finds that it is in the best interest of the citizens of Fort Walton Beach to participate in the PACE Program. Therefore, the City Council hereby authorizes the City Manager to execute grant documents as needed; the City Manager to execute all necessary documents to complete grant- related purchases; the Engineering & Utility Services Director to implement, supervise, and manage the initiative pursuant to City purchasing policies and procedures and Florida " law; and a budget amendment to record the grant. Budget Amendment for Grant Funds: Revenue Expense 405- 1583- 334- 3600 $ 8, 000 405- 1583- 538- 6355 8, 000 This Resolution shall take effect immediately upon approval by the City Council. Adopted: g ,.I D..tlJ Mk~ Mike Anderson, Mayor Attest: Approved for form and legal sufficiency: r--  MEMORANDUM OF AGREEMENT BETWEEN FLORIDA DEPARTMENT OF HEALTH OKALOOSA COUNTY HEALTH DEPARTMENT AND CITY OF FORT WALTON BEACH, FL th This Memorandum of Agreement is entered into this 11 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 for a stormwater improvement project located at the Burnette Avenue cul-de- sac in the City. The construction of a bio- retention/rain garden will eliminate the environmental health hazard of flooding and ponding stormwater at the end of a residential road. The resulting improvement of the treatment of stormwater runoff into Gap Creek is a major goal of the City' s Gap Creek Water Quality Improvement Study dated January 2009. 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 the design of the bio- retention/rain garden. 3. Communicate project concerns or issues with the City. City of Fort Walton Beach responsibilities: 1. Direct project management for the engineering and construction of the bio- retention/rain garden. 2. Work cooperatively with the OCHD to ensure that the stormwater improvements to Burnette Avenue cul- de- sac reduce and/ or eliminate the environmental health hazard of flooding and ponding stormwater. 3. Submit requests for reimbursement to the Okaloosa County Health Department for work performed and sub- contracts paid. I. 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. II. FINANCIAL ARRANGEMENTS The City of Fort Walton Beach will be compensated, up to $ 8, 000 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 F ort Walton Beach Robert T. Mearns. City Manager 107 Miracle Strip Pkwy 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 ex~cuted for the uses and purposes therein express~. day and year first above e~' Q~ Of\ - ~ ~ 1wtIr7~ Karen A. Chapman,'~. P. H. bert T. Mearns Director ity Manager Okaloosa County City of Fort Walton Beach Hralth Department Date ~ \ ll () l \.:. Date t3 //.? / 20/ . cJ  TASK ORDER for CONTRACT FOR GENERAL CONSULTING SERVICES With General Contract Administrator Provisions This task order is executed by the parties on the dates signed, shall become effective as of the date signed by the last party, and incorporates by reference the entire contract for General Consulting Services between the City of Fort Walton Beach, a Florida municipality, with its principaland place of business at 107 Miracle Strip Parkway SW, Fort Walton Beach, Florida, City") the Consultant: Goodwyn, Mills and Cawood, Inc. 171 Brooks Street SE, Suite E Fort Walton Beach, Florida 32548 Telephone Number: 850. 683. 0711 Facsimile Number: 850. 683. 8711 Section 1. Scope of Work a. The Consultant shall perform the following services ( the " Work"): Provide a Topographic Survey and Design Bioretention Retrofit at the existing stormwater facility located at the north end of Burnette Avenue NW as detailed in the FY 2011 FDEP 319 Grant Proposal. Perform necessary activities to permit the Bioretention Retrofit at existing stormwater facility at the north end of Burnette Avenue NW as detailed in the FY 2011 FDEP 319 Grant Proposal. All required agency Provide Construction Administration fees will be paid by the City. to activities include periodic site visits. Site visits will be performed at an approximate average of three ( 3) times per week during construction. Full time inspection services will not be provided by the Consultant. b. The Consultant is hereby designated as the General Contract Administrator for this project. The City shall give all instructions to contractors through the General Contract Administrator. The Consultant shall have the following duties as the General Contract Administrator. 1. The General Contract Administrator is the City's representative during the entire period of construction. 2. The General Contract Administrator shall stay familiar with the progress and quality of the work by making periodic visits to the work site and will make general determinations as to whether the work is proceeding in accordance with 1  this task order. The General Contract Administrator will keep the City informed of the progress and will use his or her best efforts to protect the City from defects and deficiencies in the work. The General Contract Administrator will not be responsible for the means of construction, or for the sequences, methods, and procedures used, or for the contractor's failure to perform the work in accordance with the contract documents. 3. The General Contract Administrator will be the initial