Fort Walton Beach Council agenda — 10-13-2009 regular — reading text

The failure of either party to insist on strict performance of any covenant or condition of this agreement, or to exercise any option contained in this agreement, shall not be construed as a waiver of that covenant, condition, or option in any other instance. 15. Effect of Other Representations No representations or promises shall be binding on the parties to this agreement except those representations and promises contained in this lease or in some future writing signed by the party making those representations or promises. This lease cannot be changed or terminated orally. 16. Peaceful Enjoyment City covenants that if and so long as Lessee pays the rent as provided in this lease and performs the covenants of this lease, Lessee shall peaceably and quietly have, hold, and enjoy the premises for the term of this lease, subject to the provisions of this lease. 17. Estoppel Certificate Lessee will from time to time on not less than ten ( 10) days prior request by the City, deliver to the City a statement in writing certifying ( a) that this lease is unmodified and in full force and effect; ( b) the dates to which the rent and other charges have been paid; and ( c) that Lessee is not in default under any provision of this lease. 18. Radon Gas Radon is a naturally occurring radioactive gas that, when it has accumulated in a premises in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in premises in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. 19. Miscellaneous a. Section Headings The section headings in this lease are intended for convenience only and shall not be taken into consideration in any construction or interpretation of this lease or any of its provisions. b. Executed in Duplicate Provisions inserted in this lease or affixed to it shall not be valid unless the provisions also appear in the duplicate original lease held by City. In the event of variation or discrepancy, City's duplicate shall control. C. Recording at Lessee' s Expense The City, at its discretion, may have this lease recorded and invoice Lessee for the cost of such recording. Lessee shall pay the cost of recording within ten days of issuance of the invoice. Page 4 of 6 Kiwanis Charities Fund of Fort Walton Beach. Inc. Lease 125- Duly Executed: For: Kiwanis Charities of Fort Walton Beach. Inc. 11 Dated A Witness President Printed Name: Witness Printed Name: Before me, the undersigned notary, on the day of personally appeared in his representative capacity as President of Kiwanis Charities of Fort Walton Beach. Inc. who is personally known to me or has produced identification: Notary Public Page 5 of 6 Kiwanis Charities Fund of Fort Walton Beach. Inc. Lease 126- For: City of Fort Walton Beach 2009 Dated Attest: M Mike Anderson, Mayor Helen Spencer, City Clerk Before me, the undersigned authority, on the day of , personally appeared Mike Anderson and Helen Spencer, in their representative capacity as the City Mayor and the City Clerk, did execute this instrument in the name of the City of Fort Walton Beach, Florida. Notary Public Prepared by and approved as to form and legal sufficiency: Toni L. Craig, Fla. Bar No 115444 c/ o PO Box 4009, Fort Walton Beach FL 32549 Attorney for City of Fort Walton Beach Page 6 of 6 Kiwanis Charities Fund of Fort Walton Beach. Inc. Lease 127-  City Council Regular Meeting October 13, 2009 This page is left intentionally blank 128-  CITY COUNCIL MEETING October 13, 2009 Discussion - Direction - Action Resolution 2009 -42 Approval of revised Purchasing Policies and Procedures. Synopsis: In accordance with Section 4. 01. 02 of the Code of Ordinances, " Administrative practices usedfor purchases requires Council action. " Agenda :Item Number: 9. 5  CITY OF FORT WAL TON BEACH Memorandum To: Bob Mearns, City Manager From: Brandy Wunker, Finance Director Subject: Purchasing Administrative Policy Date: October 5, 2009 1. BACKGROUND: 1. 1. In September 2001, Administrative Policy 102, Purchasing Policies, was approved. This Administrative Policy was last revised in December 2007. 1. 2. The Administrative Policy must be adopted by Resolution. 2. DISCUSSION: 2. 1. The current proposed revisions to the Administrative Policy include revisions to formatting as well as more significant changes, as outlined below. 2. 1. 1. A section for vendor preference to Minority Business Enterprises has been added. This is in line with vendor preference outlined in F.S. 288. 703. 2. 1. 2. The Policy clarifies the dutiesCity Employee in the of each purchasing process. The previous Policy was ambiguous in certain aspects. 2. 1. 3. The threshold for competitive procurement has been increased from 200 for regular purchases and $ 250 for vehicle /equipment repair to 15000. This change increases the dollar threshold upon which the City must use competitive procurement based on changes in prices of typical purchases over the past 9 years. This change is more cost effective from a staffing perspective. The State of Florida' s limit is 15K. 2. 1. 4. A section allowing Continuing Contracts for Professional Services has been added. This is as approved by City Council at the August 25, 2009 City Council meeting. 2. 1. 5. Credit Card purchase approval and necessary documentation has been more clearly defined. The Policy clearly defines approvals and documentation requirements, as is current practice. 2. 1. 6. The policy clarifies the duties of each City Employee in the competitive procurement process, and outlines the competitive procurement process. This outlines what is current practice and eliminates questions concerning duties ofeach individual involved. 2. 1. 7. The new policy allows the City to solicit bids electronically. City staff desires to utilize electronic means for soliciting proposals from vendors. 129-  2. 1. 8. The Contract negotiations and extensions process is outlined clearly and the responsibility of each City Employee is clearly delineated. This outlines what is current practice and eliminates questions concerning duties of each individual involved. 3. FINANCIAL INFORMATION 3. 1. There is no financial impact related to adoption of this Administrative Policy. 4. RECOMMENDATION 4. 1. Staff respectfully request City Council adoption of Resolution 2009 -42. 5. SIGNATURE BLOCK 5. 1. Submitted by: A jk 1 06109 Brandy Wu Finance Director Date 5. 2. Reviewed for agenda: b Mearns, City Manager Date 6. ATTACHMENTS 6. 1. Administrative Policy for Purchasing Docid: UAFinance\Agenda120W 1oc 130- SUBJECT: Purchasing REVISION DATE: October 6, 2009 ORIGINAL EFFECTIVE DATE: September 10, 2001 APPROVED: Robert T. Mearns, City Manager 1. PURPOSE /INTENT 1. 1. Section 4. 01. 02 of the City of Fort Walton Beach Code of Ordinances authorizes the establishment of a Central Purchasing Department to coordinate purchases for the requirements of all City agencies. Regulations for purchases by this department shall be as prescribed from time to time by the City Council or the City Manager. 1. 2. The City Council of the City of Fort Walton Beach recognizes centralized purchasing as a necessary function of effective government, and, therefore, declares that it shall be the responsibility of the Purchasing Division to centralize the purchase of all supplies, equipment, services and construction for the departments and divisions of the City, the basic objective of which is to obtain the best total value consistent with operational needs, while maintaining fair and open competition. 1. 3. Since rules and regulations are necessary for the proper operation of the purchasing function and since it is essential that all who are involved in the purchasing operation be well informed, this Administrative Policy will govern the purchasing process and provide direction to all employees directly or indirectly associated with the function of purchasing. 2. BACKGROUND and DEFINITIONS 2. 1. The purchasing function involves the procurement of materials, supplies, equipment, and services at the lowest possible cost, consistent with the quality needed to meet the required standards established by the City. This act is the sole responsibility of the Purchasing Division, whose goal is the promotion of the best interest of the City through intelligent action and fair dealings, resulting in obtaining maximum savings for the City. 2. 2. The objectives of the