HomeMy WebLinkAbout2002 11 25 Consent D Settlement Agreement with the Florida Power Related to Utility Taxes Due
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COMMISSION AGENDA
ITEM D
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
November 25. 2002
Meeting
MGR~PT~
A nthorization
REQUEST:
The City Manager requesting the Commission approve a Settlement Agreement with Florida
Power Related to Utility Taxes Due the City and Authorize the City Manager to Execute the
General Release.
PURPOSE: To obtain approval to enter into a settlement agreement with Florida Power for
back utility taxes owed the City and obtain authorization for the City Manager to execute the
general release.
CONSIDERATIONS:
. The City increased its Public Service Taxes effective beginning July 2000 from 8% to 10%.
The effective date was to be April 2000; however, the Department of Revenue was not
provided timely notice so the new date was July 2000.
. Florida Power did not begin remitting 10% until February 2001 when notified by the City
of the deficiency. It is the responsibility of collecting entities to monitor the Department of
Revenue's website for changes to tax rates. The City has no duty to notify the collecting
entities.
. Seven months (July 2000 - January 2001) worth of taxes had been underpaid resulting in a
liability to the City in the amount of$215,455.10.
. The City has been working with Florida Power over the past couple of years to resolve this
Issue.
. Florida Power has determined that the cost to them to reprogram their system to charge
residents for the taxes owed the City was more costly than the amount of taxes owed; hence,
Florida Power has decided to pay the City for the amount owed the City versus collecting it
from the residents and passing it along to the City as it is nornlally done.
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ATTACHMENTS:
Draft version of the General Release
RECOMMENDATION:
Approve settlement agreement with Florida Power for back utility taxes owed the City and
authorize the City Manager to execute the general release.
COMMISSION ACTION:
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GENERAL RELEASE
KNOW ALL MEN BY THESE PRESENTS:
1. That the undersigned City of Winter Springs (the "City"), a Florida municipality, for
good and valuable consideration in the amount of two-hundred fifteen thousand,
four hundred fifty-five dollars and ten cents ($215,455.10), the receipt and
sufficiency of which is hereby acknowledged, and on behalf of all its respective
successors and assigns, fully release, waive, and forever discharge Florida Power
Corporation, and its agents, servants, employees, sureties, heirs, personal
representatives, assigns and successors, and all other persons, firms or
corporations connected therewith, including any parent or affiliate companies, of an
from any and all demands, causes of action, damages, judgments or suits at law
and equity of whatsoever kind, whether due or not, director or contingent, liquidated
or unliquidated, patent or latent, known or unknown, in any way related to or
growing out of and which relate in any way to the collection and payment of the
municipal utility tax by Florida Power to the City between July 2000 and January
2001.
2. It is agreed and understood that this General Release is executed as a settlement
and compromise of a disputed claim and that payment of the consideration
expressed is not to be construed as an admission of liability on behalf of the party
released or to be considered or construed as a waiver or an estoppel against the
releasor to proceed against parties not herein released.
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3. The undersigned acknowledges full and complete satisfaction, represents and
warrants that it has not assigned any right, claim, or cause of action against the
releasor and declares and represents that no promises, inducements, or
agreements not herein expressed have been made. It is further acknowledged that
this Release contains the entire agreement between the parties hereto concerning
the above-referenced claims, and that the terms of this Release are contractual and
not mere recitals. Lastly, the undersigned warrants that it is duly authorized and
competent to execute this Release.
of
IN WITNESS WHEREOF, this Release has been read and signed this
,2002.
day
WITNESSES:
CITY OF WINTER SPRINGS
Ron McLemore, City Manager
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
F:IDocslCity of Winter Springs\AgreementsIGeneraIRelease_FLPower_110102.jd
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BROWN, WARD, SALZMAN&.'WEISS, P.A.
Attorneys at Law
Usher L Brown t Offices in Orlandol' Kissimmee,
Suzanne D'AgrestaD Cocoa & Viera
Anthony A. GarganeseD
. Gary S. Salzman"
John H. Ward t
Jeffrey S. Wefs!!
Debra S. Babb
Jeffrey P. Buak
John U. Biedenham. Jr:
Joseph E. Blitch
Jennifer A. Michael
Todd K. Nonilan
Michelle A. Reddin
Vincent E. Scarlatos
tBoard Certified CIvil Trial Lawyer December 9, 2002
OBoard Certified l;Iuslness Utlgatlon Lawyer
cBoard Certified ~ity. County & Local Government Law
Erin J. O'Leary
Of Counsel
Sent Via FedEx
A WB# 8360 6552 4652
Sophia O'Keefe
Community Relations Manager
Florida Power Corporation
3300 Exchange Place,. NP4B
Lake Mary, FL 32746
, Re: Original Executed General Release
Settlement of Municipal Utility Tax Dispute
City of Winter Springs - General
Our File No.: 1193 .
Dear Ms. O'Keefe
Please find enclosed the original General Release executed by the City of Winter Springs
City Manager and City Clerk, in regards to the above-referenced matter. We will forward Florida
Power check no. 097829 in the amount of $215,455.10 to Louise Frangoul. Finance Director for
the City.
If you have any questions please do not hesitate to call our offices.
Very truly yours,
JPB/jd
Enclosure: Original General Release
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CC: Anthony A. Garganese, City Attorney
Louise Frangoul,. Finance Director
F:u.awyerljeflbICIty of Winter Spt1ngsICorTespondenceIFLPower _ Okeefe_SeltlementLtr120902.wpd
225 East Robinson Street. Suite 660. P.O. Box 2873. Orlando. Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 . Kissimmee (321) 402-0144 . Cocoa & Viera (866) 425-9566
Website: www.orlandoiaw.net . Email: firm@orlandolaw.net
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GENERAL RELEASE
KNOW ALL MEN BY THESE PRESENTS:
1. That the undersigned City of Winter Springs (the "City"), a Florida municipality, for
good and valuable consideration in the amount of two-hundred fifteen thousand,
four hundred fifty-five dollars and ten cents ($215,455.10), the receipt and
sufficiency of which is hereby acknowledged, and on behalf of all its respective
successors and assigns, fully release, waive, and forever discharge Florida Power
Corporation, and its agents, servants, employees, sureties, heirs, personal
representatives, assigns and successors, and all other persons, firms or
corporations connected therewith, including any parent or affiliate companies, of an
from any and all demands, causes of action,. damages, judgments or suits at law
and equity of whatsoever kind, whether due or not, director or contingent, liquidated
or unliquidated, patent or latent, known or unknown, in any way related to or
growing out of and which relate in any way to the collection and payment of the
municipal utility tax by Florida Power to the City between July 2000 and January
.2001.
2. It is agreed and understood that this General Release is executed as a settlement
and compromise of a disputed claim and that payment of the consideration
expressed is not to be construed as an admission of liability on behalf of the party
released or to be considered or construed as a waiver or an estoppel against the
releasor to proceed against parties not herein released.
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3. The undersigned acknowledges full and complete satisfaction, represents and
warrants that it has not assigned any right, claim, or cause of action against the
releasor and declares and represents that no promises, inducements, or
agreements not herein expressed have been made. It is further acknowledged that
this Release contains the entire agreement between the parties hereto concerning
the above-referenced claims, and that the terms of this Release are contractual and
not mere recitals. Lastly, the undersigned warrants that it is duly authorized and
competent to execute this Release. .
IN WITNESS WHEREOF, this Release has been read and signed this 25th day
of November
,2002.
WITNESSES:
CITY OF WIN.TER SPRINGS
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Ron McLerncta, .~:ty Manager'
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-Luaces, City Clerk
F:\Docs\City of Winter Springs\Agreements\GeneraIRelease_FLPower_110102.jd
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~ Progr8S$ Energy
.. Clle~ck Da te
27-NOV-02
Check Number
97 829
Vendor name
CITY OF WINTER SPRINGS
Vendor #-
157181
Involee#
Invoice Date
Invoice Description
Adjustments
Paid Amt
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215455.1
21545501.1
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