Fort Walton Beach Council agenda — 10-28-14--regular — reading text

which it normally provides fire protection. 4). Hazardous Materials incident response will include the response to, and control and containment of any release or suspected release of any material suspected to be or known to be hazardous. Where the properties of a released material are not known, it will be considered hazardous until proven  ply len; nW Se31/ JaS aqj : (mid plaid pngl. nH- 4uawaai6y ply ien; nm luawpedaa aald :; uawgoe;; y co= a as otherwise by the requesting organization using all technical resources available. Cleanup and removal of contained hazardous materials will be the responsibility of the requesting organization. a 5) In the event of a crash of an aircraft owned or operated by the United States or military aircraft of any foreign nation within the area for which the Ft. Walton Beach Fire Department normally provides fire protection services, the chief of the Hurlburt Field fire department or his or her representative may assume full command on arrival at the scene of the crash. 6) Where local agencies do not assign an incident safety officer, an Air Force representative will be assigned to act as the incident safety officer for Hurlburt Field to observe Air Force operations. f. Each Party hereby agrees that its intent with respect to the rendering of assistance to the other Party under this Agreement is not to seek reimbursement from the Party requesting such assistance. Notwithstanding the above, the Parties hereby recognize that pursuant to the Section 11 of the Federal Fire Prevention and Control Act of 1974 ( 15 U. S. C. § 2210) and Federal regulations issued there under( 44 CFR Part 151), Ft. Walton Beach Fire Department is permitted to seek reimbursement for all or any part of its direct expenses and losses ( defined as additional firefighting costs over normal operational costs) incurred in fighting fires on property under the jurisdiction of the United States. Furthermore, under the authority of 42 U. S. C. § 1856a, and pursuant to any applicable state or local law each Party hereby reserves the right to seek reimbursement from the other for all or any part of the costs ( defined as additional firefighting costs over normal operational costs) incurred by it in providing fire protection services to the other Party in response to a request for assistance. g. Both Parties agree to implement the National Incident Management System during all emergency responses on and off installations in accordance with National Fire Protection Association ( NFPA) Standard 1561. h. Each Party waives all claims against the other Party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. This provision does not waive any right of reimbursement pursuant to paragraph f. i. All equipment used by Ft. Walton Beach Fire Department in carrying out this Agreement will, at the time of action hereunder, be owned by it; and all personnel acting for Ft. Walton Beach Fire Department under this Agreement will, at the time of such action, be an employee or volunteer member of Ft. Walton Beach Fire Department. j. The rendering of assistance under the terms of this Agreement will not be mandatory; however, the Party receiving a request for assistance will endeavor to immediately inform the requesting Party if the requested assistance cannot be provided and, if assistance can be provided, the quantity of such resources as may be dispatched in response to such request. k. Neither Party will hold the other Party liable or at fault for failing to respond to any request for assistance or for failing to respond to such a request in a timely manner or with less than optimum equipment and/ or personnel, it being the understanding of the Parties that each is primarily and ultimately responsible for the provision of fire protection services needed within their own jurisdictions. 1. Should a dispute arise between the Parties under or related to this Agreement, the Parties agree that within 30 days after notice of the dispute from one Party to the other, the Parties will attempt to resolve the dispute through negotiations. If such negotiations reach an impasse, the Parties agree that within 60 days after Notice of an impasse, they will attempt to resolve the matter through any method or combination of non- binding alternative dispute resolution ( ADR) methods available under the Administrative Dispute Resolution Act of 1996, Pub. L. No. 104- 320 ( codified at 5 U. S. C, §§ 571- 583). The cost of any third party neutral will be divided equally between the Parties, and the selection of any third party neutral will be by agreement of the Parties. If such ADR proceeding does not result in resolution of the dispute, the Parties may separately pursue any remedy available to a Party under the law. However, both Parties agree that the initiation of formal litigation does not preclude further  saa! nias aJ! i : OL6£) p! a! d VngpnH -; uawaai6v p! y !en m!;uewaedaa ai! A :; uawgae;; v co attempts at resolving the dispute through alternative dispute resolution methods. Both Parties agree that the terms of this clause will be considered the " Administrative Remedies" that must be a_ exhausted, prior to institution of any formal litigation. m. All notices, requests, demands, and other communications which may or are required to be delivered hereunder will be in writing and will be delivered by messenger, by a nationally- recognized overnight mail delivery service or by certified mail, return receipt requested, at the following addresses: For the Air Force: Hurlburt Field c/ o Commander 212 Lukasik Ave Hurlburt Field, FL 32544 And: Department of the Air Force AFCEC/ CXF 139 Barnes Dr, Suite 1 Tyndall AFB FL 32403- 5319 And: Hurlburt Field c/ o Fire Chief 210 Bennett Ave Hurlburt Field, FL 32544 For Ft. Walton Beach Fire Department Ken Perkins, Fire Chief 107 Miracle Strip Parkway SW Ft Walton Beach. FL 32548 TERMS OF THE AGREEMENT n. This Agreement will become effective on the date of the last signature to the Agreement and will remain in effect for 5 years ( insert date) from that date ( the " Term") and automatically renews annually for a term of 20 years. Either Party may unilaterally terminate this Agreement during the Term by sending notification of its intent to terminate to the other Party at least one hundred and eighty( 180) days in advance of the proposed date of termination. Such notification will be in the form of a written submission to the other Party. o. Upon becoming effective, this Agreement will supersede and cancel all previous agreements between the Parties concerning the rendering of assistance from one to the other for the purposes stated in this Agreement. p. The modification or amendment of this Agreement, or any of the provisions of this Agreement. will not become effective unless executed in writing by both Parties. q. This Agreement may be executed in one or more counterparts, each of which will be deemed an original.  p! y len; n! N sao! AJaS a-j! d : OLl£) Pla! d uaweai6y ply! en; nv! ; uawpedao aa! d :; uawyoe;; y co- Lc co ar IN WITNESS WHEREOF, The Parties have caused this Agreement to be executed by their duly v authorized representatives on the dates shown below: a' FIRE DEPARTMENT THE UNITED STATES OF AMERICA For Ft. Walton Beach Fire Department by the Secretary oftthe Air Force By: By: (/ . iC 1047— Ken Perkins William West, Col., USAF Fire Chief, Ft. Walton Beach Fire Department COMMANDER, Hurlburt Field Date: Date: / 17,.. e1.46 (  86_ City Council of Fort Walton Beach F ENGINEERING & UTILITY SERVICES MEMORANDUM To: Michael D. Beedie, City Manager From: Tim Bolduc, Engineering and Utilities Services Director Date: October 28, 2014 Subject: Release of Lien - 107 Carson Drive SE 1. BACKGROUND: 1. 1. This request is a continuation of the compiled list of 33 expired liens in the City that must be released in order to avoid unnecessary title search encumbrances. 1. 2. In order to remove the record of a lien from the properties, City Council must authorize the Mayor to execute a Release of Lien for each property. 2. DISCUSSION: 2. 1. On April 21, 2003, the property owner at 107 Carson Drive SE entered into a contract with the City of Fort Walton Beach to receive home improvement repairs through a CRA grant program. 2. 2. As part of the contract, an unknown lien amount was placed on the property, forgivable after five ( 5) years ( 20% reduction per year). 2. 3. The lien for improvements for 107 Carson Drive SE states that the lien shall remain valid only until April 21, 2008. 3. FINANCIAL INFORMATION: 3. 1. There is no direct financial impact as a result of this Release of Lien request. 4. RECOMMENDATION: 4. 1. Staff respectfully recommends City Council approval of a Release of Lien for 107 Carson Drive SE. ATTACHMENTS: Lien - 107 Carson Drive SE ( PDF) SIGNATURE BLOCK: Christopher Frassetti Completed 07/ 28/ 2014 10: 05 AM Stella Wilson Completed 10/ 21/ 2014 2: 02 PM Tim. Bolduc Skipped 10/ 21/ 2014 2: 04 PM City Attorney Completed 10/ 21/ 2014 2: 05 PM Finance Completed 10/ 21/ 2014 2: 12 PM Carole Jones Completed 10/ 21/ 2014 2: 21 PM City Manager Completed 10/ 23/ 2014 10: 57 AM Page 1 of 2 Packet Pg.` 49  8, 6` City Council Pending 10/ 28/ 2014 6: 00 PM Page 2 of 2 Packet P . 50  r 8s