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HomeMy WebLinkAboutEmergency Item - Amendment #1 to Reimbursement Contract with Florida Fish and Game Commission cepter of Good Lip AGENDA ITEM COVER SHEET •.. Meeting Date: May 17, 2005 Item# ernerrencd Reviewed By: Contact Name: Bob Zaitooni Department Director: Contact Number: 6002 City Manager: Subject: Amendment#1 to Reimbursement Contract with Florida Fish &Game Commission Background Summary: The City and the Florida Fish&Game Commission(FWC)executed a reimbursement Contract(FWC Contract# 04037)for$200,000.00 to design&construct a pollutant removal structure for Starke Lake in October of 2004. This project is currently under design. Due to unforeseen circumstances,the project deadline could not be met. Amendment #1 will extend the original completion deadline from June 15, 2005 to June 15, 2006 with the remainder of the Contract unchanged. Issue: Execute Amendment#1 to FWC Contract#04037 Recommendations City Commission to approve Amendment#1 to FWC Contract#04037 and authorize Mayor and City Clerk to execute the Amendment. Attachments: Original FWC Contract#04037 4 Copies of Amendment#1 Financial Impact: None Type of Item: ❑ Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading 0 Consent Agenda ❑ Ordinance First Reading 0 Public Hearing ❑ Resolution ® Regular Agenda ❑ Commission Approval ❑ Discussion&Direction Original Document/Contract Attached for Execution by City Clerk 0 Original Document/Contract Held by Department for Execution Reviewed by City Attorney 51/1/0 5 ❑ N/A Reviewed by Finance Dept ® N/A Reviewed by ( ) ❑ N/A Mayor center of Good LiCommissioners S. Scott Vandeigrift -..�'�-.. PitDanny Howell, District 1 1 Scott Anderson,District 2 City Manager Rusty Johnson,District 3 Robert Frank — Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Bob Zaitooni,Director of Public Works DATE: May 17, 2005 RE: Amendment#1 to Reimbursement Contract with Florida Fish & Game Commission ISSUE Should the Honorable Mayor and City Commission approve Amendment#1 to Fish& Wildlife Commission (FWC)Contract#04037 and authorize Mayor and City Clerk to execute the Amendment? BACKGROUND/DISCUSSION The City and the Florida Fish& Game Commission(FWC)executed a reimbursement Contract(FWC Contract #04037)for$200,000.00 to design&construct a pollutant removal structure for Starke Lake in October of 2004. This project is currently under design. Due to unforeseen circumstances,the project deadline could not be met. Amendment#1 will extend the original completion deadline from June 15, 2005 to June 15, 2006 with the remainder of the Contract unchanged. RECOMMENDATION Staff respectfully requests that the City Commission to approve Amendment#1 to Fish&Wildlife Commission (FWC)Contract#04037 and authorize Mayor and City Clerk to execute the Amendment FWC CONTRACT NO. 04037 AMENDMENT NO. 1 TO CONTRACT THIS AMENDMENT TO CONTRACT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ("COMMISSION"), and CITY OF OCOEE ("CITY"), and amends the Contract entered into between the COMMISSION and the CITY dated December 6, 2004, and hereinafter referred to as the "ORIGINAL CONTRACT." WHEREAS, pursuant to s. 287.057(13), Florida Statutes, the City has documented circumstances beyond its control that will require a one year extension in the project end date, NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein and in the ORIGINAL CONTRACT, the parties agree to amend the ORIGINAL CONTRACT as follows, which amendments shall govern to the exclusion of any provision of the ORIGINAL CONTRACT to the contrary: 1. Paragraph number three (3) of the ORIGINAL CONTRACT is hereby revised to extend the termination date from June 15, 2005,to June 15, 2006 unless terminated sooner pursuant to the terms of the ORIGINAL CONTRACT. 2. No funds in addition to those provided for in the ORIGINAL CONTRACT are authorized or allocated for the term of this extension. All provisions of the ORIGINAL CONTRACT not specifically amended herein shall remain in full force and effect. Page 1 of 2 IN WITNESS WHEREOF,the parties have executed this AMENDMENT 1 TO CONTRACT on the date and year last written below. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Witness Kenneth D. Haddad, Executive Director Witness Date: Approved as to form and legality: FWC Attorney CITY OF OCOEE, FLORIDA ATTEST: By: Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND LEGALITY HELD ON ,2005 This day of ,2005 UNDER AGENDA ITEM NO. . FOLEY & LARDNER LLP By: City Attorney Page 2 of 2 FWC CONTRACT NO. 04037 AMENDMENT NO. 1 TO CONTRACT THIS AMENDMENT TO CONTRACT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ("COMMISSION"), and CITY OF OCOEE ("CITY"), and amends the Contract entered into between the COMMISSION and the CITY dated December 6, 2004, and hereinafter referred to as the "ORIGINAL CONTRACT." WHEREAS,pursuant to s. 287.057(13), Florida Statutes,the City has documented circumstances beyond its control that will require a one year extension in the project end date, NOW,THEREFORE, in consideration of the mutual covenants and conditions set forth herein and in the ORIGINAL CONTRACT,the parties agree to amend the ORIGINAL CONTRACT as follows, which amendments shall govern to the exclusion of any provision of the ORIGINAL CONTRACT to the contrary: 1. Paragraph number three (3) of the ORIGINAL CONTRACT is hereby revised to extend the termination date from June 15,2005,to June 15, 2006 unless terminated sooner pursuant to the terms of the ORIGINAL CONTRACT. 2. No funds in addition to those provided for in the ORIGINAL CONTRACT are authorized or allocated for the term of this extension. All provisions of the ORIGINAL CONTRACT not specifically amended herein shall remain in full force and effect. Page 1 of 2 IN WITNESS WHEREOF, the parties have executed this AMENDMENT 1 TO CONTRACT on the date and year last written below. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Witness Kenneth D. Haddad, Executive Director Witness Date: Approved as to form and legality: FWC Attorney CITY OF OCOEE, FLORIDA ATTEST: By: Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND LEGALITY HELD ON ,2005 This day of ,2005 UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney Page 2 of 2 FWC CONTRACT NO. 04037 AMENDMENT NO. 1 TO CONTRACT THIS AMENDMENT TO CONTRACT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ("COMMISSION"), and CITY OF OCOEE ("CITY"), and amends the Contract entered into between the COMMISSION and the CITY dated December 6, 2004, and hereinafter referred to as the "ORIGINAL CONTRACT." WHEREAS,pursuant to s. 287.057(13), Florida Statutes,the City has documented circumstances beyond its control that will require a one year extension in the project end date, NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein and in the ORIGINAL CONTRACT,the parties agree to amend the ORIGINAL CONTRACT as follows, which amendments shall govern to the exclusion of any provision of the ORIGINAL CONTRACT to the contrary: 1. Paragraph number three (3) of the ORIGINAL CONTRACT is hereby revised to extend the termination date from June 15,2005,to June 15, 2006 unless terminated sooner pursuant to the terms of the ORIGINAL CONTRACT. 2. No funds in addition to those provided for in the ORIGINAL CONTRACT are authorized or allocated for the term of this extension. All provisions of the ORIGINAL CONTRACT not specifically amended herein shall remain in full force and effect. Page 1 of 2 IN WITNESS WHEREOF,the parties have executed this AMENDMENT 1 TO CONTRACT on the date and year last written below. • FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Witness Kenneth D. Haddad, Executive Director Witness Date: Approved as to form and legality: FWC Attorney CITY OF OCOEE,FLORIDA ATTEST: By: Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND LEGALITY HELD ON ,2005 This day of ,2005 UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney Page 2 of 2 FWC CONTRACT NO. 04037 AMENDMENT NO. 1 TO CONTRACT THIS AMENDMENT TO CONTRACT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ("COMMISSION"), and CITY OF OCOEE ("CITY"), and amends the Contract entered into between the COMMISSION and the CITY dated December 6, 2004, and hereinafter referred to as the "ORIGINAL CONTRACT." WHEREAS,pursuant to s. 287.057(13), Florida Statutes, the City has documented circumstances beyond its control that will require a one year extension in the project end date, NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein and in the ORIGINAL CONTRACT,the parties agree to amend the ORIGINAL CONTRACT as follows, which amendments shall govern to the exclusion of any provision of the ORIGINAL CONTRACT to the contrary: 1. Paragraph number three (3) of the ORIGINAL CONTRACT is hereby revised to extend the termination date from June 15, 2005,to June 15, 2006 unless terminated sooner pursuant to the terms of the ORIGINAL CONTRACT. 2. No funds in addition to those provided for in the ORIGINAL CONTRACT are authorized or allocated for the term of this extension. All provisions of the ORIGINAL CONTRACT not specifically amended herein shall remain in full force and effect. Page 1 of 2 IN WITNESS WHEREOF, the parties have executed this AMENDMENT 1 TO CONTRACT on the date and year last written below. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Witness Kenneth D. Haddad, Executive Director Witness Date: Approved as to form and legality: FWC Attorney CITY OF OCOEE, FLORIDA ATTEST: By: Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND LEGALITY HELD ON ,2005 This day of ,2005 UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney Page 2 of 2