Item #03 Approval of Pioneer Key Regional Stormwater Pond Close Out with FDEP Center of Good zip.
AGENDA ITEM COVER SHEET
Meeting Date: March 1, 2011
Item # 3
Reviewed By:
Contact Name: Stephen C. Krug Department Director: a`llLf
Contact Number: 6002 City Manager: //�/_
Subject: Pioneer Key Regional Stormwater Pond Close Out with FDEP.
Background Summary:
The City has completed all phases of the Pioneer Key Regional Stormwater Pond funded by the Florida
Department of Environmental Protection (FDEP) Project No. S0192. The final phase was an
environmental evaluation of the effectiveness of the pond in reducing sediment and nutrients in the
drainage basin. This phase extended the project duration beyond the original contract time granted in
the agreement. The City properly requested in writing a time extension for this work, however the FDEP
experienced staff changes resulting in the project time expiring before an extension could be issued.
Since the work was completed and the City needs to be reimbursed the remaining contract balance of
$13,980.08, the FDEP has asked the City to execute the attached Settlement Agreement in order to
facilitate the close out and payment for this project.
Public Works recommends approval of the Settlement Agreement in order to close out the project.
Issue:
Request the City Commission to approve the Settlement Agreement with the Florida Department of
Environmental Protection to close out the Pioneer Key Regional Stormwater Pond project.
Recommendations
Recommend approval of the Settlement Agreement with the Florida Department of Environmental
Protection to close out FDEP Project No. S0192, Pioneer Key Regional Stormwater Pond, and provide a
final payment to the City of $13,980.08.
Attachments:
Settlement Agreement from FDEP
Financial Impact:
The $13,980.08 is due the City in order to reimburse the environmental efficiency evaluation consultant.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
x Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. �_, N/A
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Reviewed by ( ) N/A
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SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into this day of , 200
by and between the Department of Environmental Protection, an agency of the
State, (hereinafter "Department "), 3900 Commonwealth Boulevard, Tallahassee,
Florida 32399 -3000 and the City of Ocoee
(hereinafter "CONTRACTOR ").
WITNESSETH:
WHEREAS, pursuant to Section 287.058(1), F.S., a procurement of
contractual services in excess of $35,000 is required to be evidenced by a
written agreement embodying all provisions and conditions of the procurement
of such services, including but not limited to subsections (a), (b), (c),
(d) , and (e) , and
WHEREAS, pursuant to Section 287.058(2), F.S., except in cases involving
a valid emergency, said written agreement is required to be signed by both
the agency head and the contractor prior to the rendering of services, and
WHEREAS, pursuant to Section 287.058(2), F.S., if the agreement is not
signed by both parties, and if a valid emergency does not exist, the agency
head is required no later than thirty (30) days after the contractor begins
rendering the service to certify the specific conditions and circumstances,
as well as describe actions taken to avoid the recurrence of the
noncompliance, and
WHEREAS, contractual services described in the invoice between the
Contractor and the Department attached as Exhibit A have been rendered
without a fully executed contract authorizing the work, and the agency head
has not within the prescribed thirty (30) day period either certified a valid
emergency, or in the absence of a valid emergency, certified the specific
conditions and circumstances which caused the noncompliance, and
WHEREAS, the Chief Financial Officer of the State of Florida (Comptroller
Memorandum No. 4 (87/88) requires a settlement agreement be executed for
services rendered without a written agreement, within the prescribed thirty
(30) day period and in accordance with statutory requirements, and
WHEREAS, the Contractor has a claim for payment for the said services,
and the Department desires to settle and discharge such claim, and
WHEREAS, the Contractor agrees to be bound by the terms and conditions
set forth in Exhibit B, attached hereto and incorporated by reference herein,
in the performance of the work subject of this settlement agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth
herein, the parties agree as follows:
a. The Department agrees to pay to the Contractor the sum of
Thirteen Thousand Nine Hundred & Eighty Dollars and Eight
Cents, ($13,980.08), covering the period of service from July 1
, 2010, through September 30 , 2010_, payable by
State of Florida warrant, to be paid to the Contractor.
b. Upon receipt of payment, as provided in paragraph (a), the
contractor, for its attorneys, heirs, executors or administrators, does
hereby fully, finally and forever release and discharge the State of Florida,
Department of Environmental Protection, and its agents, representatives, and
attorneys, of and from all claims, demands, actions, causes of action, suits,
damages, losses and expenses, of any and every nature whatsoever, arising out
of or in any way related to the contracts and state project and invoices for
such work including, but not limited to, those claims asserted or other
claims that were or maybe asserted in any federal, state or local agency or
court, by or on behalf of the contractor
c. This Agreement shall be binding on and inure to the benefit of the
parties and their respective legal representatives, successors, and assigns.
d. The Contractor agrees to be bound by the terms and conditions set
forth in Exhibit B, attached hereto and incorporated by reference herein, for
performance of the work which is subject of this settlement agreement.
e. Upon the execution of this Agreement, the terms
hereunder shall become effective only upon the subsequent approval thereof by
the Chief Financial Officer of the State of Florida, pursuant to Section
17.03, Florida Statutes.
IN WITNESS WHEREOF, the parties have executed this agreement this
day of , 200.
City of Ocoee DEPARTMENT OF ENVIRONMENTAL PROTECTION
By: By:
Title: Project Manager Title: Contract Manager
Date: Date:
Approved as to form and legality:
DEPARTMENT ATTORNEY
SEI: ATTACHED SIGNATURE PAGE
Pioneer Key Regional Stormwater Pond Close Out with FDEP
CITY OF OCOEE SIGNATURE PAGE
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
DATE:
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND LEGALITY ON , 2011,
this day of , 2011. UNDER AGENDA ITEM NO. .
FOLEY & LARDNER LLP
By:
City Attorney