Fort Walton Beach Council agenda — 02-12-02 regular Council agenda — reading text

IoT"'" ~~..... "': IU""- lo~ X: dg>~ n E.. n Landscape Design V> 001:'"' Ei' g. Miramar Place, Phase IT -v o~ @I:: Historic Brook Street, Fort Walton Beach, Florida r go Miramar Enterprises of Fort Walton Beach, Inc.  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM DATE: February 6, 2002 TO: Reid Silverboard, City Manager f2 5 FROM: Missy McKim, CDS Dire~~ r!" SUBJECT: Agreement with the Housing Authority for the $ 45, 000 grant for the construction of the Germany Terrace Cul- de- Sac Project REQUEST: City Council approval of the agreement with the Housing Authority for the Germany Terrace Cul- de- Sac Project. BACKGROUND: In the CRA budget, $ 45, 000 was allocated as a grant to the Housing Authority for the design and construction of Germany Terrace Cul- de- Sac Project. This project began with concern from the Police Department about the use of Methodist as a by- pass for Carson and an with the Housing escape route for violators that the Police were chasing. Staff coordinated Authority, Police Department and CDS department to develop preliminary design. The a under Housing Authority is doing a number of improvements to Germany Terrace, including grounding utilities, ornamental fencing, lighting and landscaping. ANAL YSIS The Agreement is attached and the conceptual plans for the Germany Terrace Cul- de- Sac Project are attached to the agreement. The agreement provides the mechanism to pay for the design and construction of the Germany Terrace Cul- de- Sac project. The Housing Authority will contract for the design and construction of the cul- de- sac based on the agreement. The City will be responsible for over- seeing the project, inspections, and paying the contractor upon submission of the invoice and confirmation by the Housing Authority and City staff that the work and required inspections are complete. The Agreement has been reviewed by the Attorney and Human Resources Director and 6, 2002 required changes have been made. The Housing Authority Board met on February and the with the understanding that the grant from the City cannot exceed approved agreement 45, 000. The funds are available in the CRA budget, account # 552- 8100. RECOMMENDA TION: City Council authorize the City Manager to sign the agreement. Concur: JL2J2 J2 ~ Joe DSte Reid Silverboard City Manager 7  AGREEMENT THIS AGREEMENT, made and entered into on this day of 2002, by and between the City of Fort Walton Beach, a Florida municipal corporation ( hereinafter referred to as " City"), and the Housing Authority ( hereinafter referred to as " Housing Authority"); THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING FACTS: A. WHEREAS, the City, by and through the Fort Walton Beach City Council, has made available City funds in an amount not to exceed $ 45, 000, using Community Redevelopment Agency CRA) monies; B. WHEREAS, the City shall grant to the Housing Authority an amount not to exceed $ 45,000 to obtain professional services for the design and construction of the cul- de- sac project on Methodist Avenue within Germany Terrace; C. WHEREAS, the Housing Authority is fully qualified, possesses the requisite skill, knowledge, qualifications and experience to provide the services identified herein, does offer to perform such services; D. WHEREAS, the City has a need for such services and does hereby accept the offer of the Housing Authority upon the terms and conditions hereinafter set forth; E. WHEREAS, the Housing Authority agrees all expenditures will be directly related to the design and construction of the cul- de- sac project on Methodist Avenue within Germany Terrace; and F. WHEREAS, the Housing Authority will certify that the work has been completed when the Housing Authority submits the invoice for payment by the City with the grant funds allocated for services rendered in the design and construction of the Germany Terrace Cul- de- Sac Project. 1) SCOPE OF WORK a) The Housing Authority shall fully perform the obligations in accordance with this agreement. Within forty-five ( 45) days of execution of this Agreement, the Housing Authority shall submit to the City, for its approval, a detailed Scope of Work and a detailed line item Budget which shall govern the performance of the Housing  2 in Authority hereunder, and which shall be incorporated by reference this Agreement through modifications signed by both parties. The Scope of work must include specific dates for each task or activity necessary to accomplish the completion of the Project. b) City shall grant to the Housing Authority an amount not to exceed 45, 000 to obtain professional services for the design and construction of the cul- de- sac project as specified in the conceptual plan in Exhibit A. c) The Scope of Work prepared by the Housing Authority under ( a) above shall provide the milestones that will be used to measure the accomplishments of the project. d) The City will release grant funds to pay the invoices by the Housing Authority within thirty ( 30) days of submittal upon: 1. Housing Authority' s achievement of milestones to the satisfaction of the City; 2. Timely and accurate reporting of achievement of milestones by Housing Authority; 3. A copy of the vendor' s invoice, percentage of total contract amount being paid with the invoice, percentage of contract completed and certification from the Housing Authority that the work has been completed, the City notified and an inspection has been conducted and approved by the City; 4. A letter or memorandum from the Housing Authority indicating that the amount of the invoice represents only those expenses permitted under the Agreement and that all information and provided is true and correct to the best of their knowledge belief. 2) PRODUCT AND OWNERSHIP All design and construction documents rendered under this Agreement for Germany Terrace Cul- de- Sac Project are the property of the City. The design and construction documents shall not be copied or duplicated in any manner, and shall not be submitted to outside parties for examination without the consent of City. 3) INCORPORATION OF LAWS. RULES, REGUALTIONS AND POLICIES All applicable laws of the State of Florida, the Code of Ordinances of the rules, and City of Fort Walton Beach, and other applicable laws, regulations shall both the City and the Housing Authority. Venue govern for any action arising out of this Agreement shall lie in Okaloosa County.  3 4) SEVERABILITY If any provision hereof is in conflict with any applicable statute, rule, regulation, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. 5) PERIOD OF AGREEMENT This Agreement shall become effective upon execution by both parties, and shall extend until the services referenced in Exhibit A are delivered to the City. 6) PERFORMANCE SUBSEQUENT TO TERMINATION The provisions of this Agreement relating to indemnification from one party to the other party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 7) EXPENDITURES a) All expenditures must be directly related to the purpose of the grant. Funds are intended for future expenditures directly related to design and construction of the Germany Terrace Cul- de- Sac Project. Expenditures for the Housing Authority' s general operating expenses such as but not limited to salaries, personnel, travel, office supplies, etc.) are not allowable. Payment for costs associated with representation, proposal, and application preparation shall not be made with funds provided under this Agreement. Payment for costs for lobbying the City Councilor administration shall not be made with funds provided under this Agreement. b) Should Housing Authority expend City dollars for non- allowable project costs, as set forth above,