01-09-2012 Voting Order
Mayor Thomas
Councilman Kennedy
Councilwoman Bennington
Councilman Ignasiak
District 4
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
JANUARY 9, 2012
6:00 P.M.
COUNCIL CHAMBERS
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION
2. APPROVAL OF MINUTES
a. Regular Meeting — October 17, 2011
b. Regular Meeting — November 7, 2011
3. PRESENTATIONS/PROCLAMATIONS /PLAQUES /CERTIFICATES/DONATIONS — None at
this time
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have. Citizen comments
relating to any agenda matter may be made at the time the matter is before Council. Please state your
name and address, and please limit your comments to three (3) minutes or less.
5. APPROVAL OR CHANGES /MODIFICATIONS TO THE AGENDA
6. CITY COUNCIL REPORTS
7. CONSENT AGENDA
All matters listed under the consent agenda are considered to be routine by the City Council and will be
acted upon by one motion. There will be no separate discussion of these items unless discussion is
desired by a member of the Council, in which case the Mayor will remove that item from the consent
agenda and such item will be considered separately.
a. Authorization of the purchase of a Kenworth T370 Garbage Truck from Kenworth of Central
Florida in the amount of $131,620, piggybacking the Florida Sheriffs Bid 11 -19 -0907.
b. Authorization to purchase a Kenworth Semi Tractor in the amount of $130,544 using the Florida
Sheriff's Bid 11 -19 -0907.
c. Authorization for the City Manager to execute the Sub Recipient Agreement for the FY
2010/2011 Amendment and FY 2011/2012 and to authorize the necessary budget amendment.
d. Authorization for the City Manager to renew the contract with D &A Building Services for
Janitorial Services (Contract Addendum No. 2)
City Council Agenda
January 9, 2012
Page -2-
8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS
a. 2 " Reading — Ordinance No. 2011 -0 -17 - Amending and restating Article III (Permitted,
Conditional, Accessory & Prohibited Uses), Section 21 -37.05 (Special Activity Permit
Criteria) of Chapter 21 (Land Development Code).
b. 2 " Reading — Ordinance No. 2011 -0 -18 - Chapter 12.5 (Parks and Recreation), Article I
(In General of the City of Edgewater Code of Ordinances.
c. Resolution No. 2012 -R -01 — Electing to use the uniform method of collecting non -ad
valorem special assessments.
d. Resolution No. 2012 -R -02 — An amendment to the purchase & sale agreement between
American Architectural Graphics and the City for property located in the ParkTowne
Industrial Center.
9. BOARD APPOINTMENTS
a. General Employee's Pension Board - Council affirmation of the reappointment of
Councilwoman Gigi Bennington to a three year term, expiring on February 5, 2015.
b. General Employees' Pension Board — Council affirmation of the City Manager's
representative Tim Sopko to a three year term, expiring on February 5, 2015.
c. General Employees' Pension Board - Council affirmation of the SPEA representative
Robert Laramore to a three year term, expiring on February 5, 2015.
d. Citizen Code Enforcement Board — Councilman Ignasiak's appointment due to the expired
term of Linda Johnson, who seeks reappointment.
e. Citizen Code Enforcement Board - Mayor Thomas' appointment due the expired term of
Alice Haldeman, who see seeks reappointment.
10. OTHER BUSINESS
a. Purchase of 104 N. Park Place — Authorization for the Mayor to execute an agreement for
purchase and the appropriate closing documents and authorize the appropriate budget
amendment.
b. Approval of Work Order No. 2007 -04 with CPH Engineer's Inc., to provide environmental
monitoring of the wetlands identified in the City's Consumptive Use Permit and authorization
for the City Manager to execute the document.
c. Authorization for the City Manager to perform due diligence research in the amount not to
exceed $20,360 for the potential purchase of an existing marina located at 2001 S. Riverside
Drive, and authorize the necessary budget amendment.
11. OFFICER REPORTS
a. City Clerk
b. City Attorney
c. City Manager
12. CITIZEN COMMENTS
13. ADJOURN
The next City Council Meeting will be held on February 13, 2012 at 6:00 p.m.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a
meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is
made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should
contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386 - 424 -2400 x 1101, 5 days prior to the
meeting date. If you are hearing or voice impaired, contact the relay operator at 1 -800- 955 -8771.
'1C,
AGENDA REQUEST
Date: December 16. 2011
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT January 9, 2012 BUSINESS
ITEM DESCRIPTION: Request to Purchase a Kenworth T370 Garbage Truck from
Kenworth of Central Florida in the amount of $131,620.00
BACKGROUND: The Refuse Division of the Environmental Services Department has
budgeted $147,808 for the purchase of a replacement Garbage Truck. The Florida Sheriffs Bid
continues to provide for the lowest price at $131,620. This is a savings of $16,188 from the
budgeted amount
STAFF RECOMMENDATION: Approval to purchase a Kenworth T370 Garbage Truck from
Kenworth of Central Florida in the amount of $131,620.00 piggybacking the Florida Sheriffs Bid
11 -19 -0907.
ACTION REQUESTED: A motion to approve the purchase of a Kenworth T370 Garbage
Truck from Kenworth of Central Florida in the amount of $131,620.00, piggybacking the
Florida Sheriffs Bid 11 -19 -0907.
FINANCIAL IMPACT: $131,620.00
Line Item 447 - 5555 - 580.64 -20
(SPECIFY IF : UDGET AMENDMENT IS REQUIRED) YES NO XX
/ [ I(-'--
Jo cKinney, Finance Director A_
PREVIOUS AGENDA ITEM: YES NO XX
If so, DATE: AGENDA ITEM #
Respectfully submi Concurrence:
vile4,44.7. Brenda L. Dewees Robin L. Matusick
Director of Environmental Services Paralegal
�—
A -4
racey Barlow
City anager
NOVEMBER 16, 2011
KENWORTH OF CENTRAL FLORIDA CITY OF EDGEWATER
1800 N.ORANGE BLOSSOM TRAIL 409 MANGO TREE DRIVE
ORLANDO, FL. 32804 EDGEWATER, FLORIDA 32132
407 - 425 -3170 Ext 107 386 - 424 -2479
PREPARED BY: RICH SGUEGLIA PREPARED FOR: BOB IASIMONE
Florida Sheriffs Bid 11 -19 -0907
Spec # 48 - 30,000lb GVW TRUCK
(1) UNIT — KENWORTH T370 — 18YD REAR LOADER
Description Bid Specification Option Upgrade Price Extension
Base Specification 2012 Kenworth T370 68,550.00 68,550.00
2010 Engine / Trans ISB -200/ 2500RDS PX8 -300 / 3500RDS 9,106.00 9,106.00
Steering Column Optional Tilt / Telescope 329.00 329.00
Air Horn Optional Include 98.00 98.00
Rear Stabilizer Optional Include 952.00 952.00
Aux Rear Springs Optional Include 417.00 417.00
Body Optional Neway Viper 20yd REL 46,379.00 46,379.00
Unpublished Discount to 18 yd REL - 392.00 - 392.00
GVW Upgrade 30,000 lb. 33,000 lb. GVW: PX6- 5,893.00 5,893.00
3500RDS
Rear Corner Unpublished Include 288.00 288.00
Windows
0.00 0.00
Fl Sheriffs Admin Fee 0.00 0.00
Reference: Pages: 1019 -1020 KENWORTH Specs 0.00 0.00
Pages: 1021 -1060
Total Price $131,620.00 $131,620.00
Purchaser Date
Salesman Date
'1 L�
AGENDA REQUEST
Date: December 9. 2011
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT January 9, 2012 BUSINESS
ITEM DESCRIPTION: Authorization to Purchase Kenworth Semi Tractor from the
Florida Sheriffs Bid in the amount of $130,544.
BACKGROUND: The Refuse Division has budgeted $138,697 for the purchase of a Semi
Tractor. This truck is used to transport the refuse from the Transfer station to the County' s
landfill. The Florida Sheriffs Bid is the lowest cost found at $130,544.00. This is a savings of
$8,153 from what was budgeted.
STAFF RECOMMENDATION: Authorization to purchase a Kenworth Semi Tractor in the
amount of $130,544.00 using the Florida Sheriff's Bid 11 -19 -0907
ACTION REQUESTED: A motion to approve authorization to purchase a Kenworth
Semi Tractor in the amount of $130,544.00 using the Florida Sheriff's Bid 11 -19 -0907.
FINANCIAL IMPACT: (Finance Director) $130,544
Acct. 447 - 5555 - 580.64 -20
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO XX
4
Jo ■ cKinney, Finance Director L
PREVIOUS AGENDA ITEM: YES NO XX
If so, DATE: AGENDA ITEM #
Respectfully submitted, Concurrence:
d P/4,4 11 • - 11111g... ±.
Brenda L. Dewees Robin L. Matusick
Director of Environmental Services Paralegal
rac: ET. Barlow
Cit Manager
NOVEMBER 16, 2011
KENWORTH OF CENTRAL FLORIDA CITY OF EDGEWATER
1800 N.ORANGE BLOSSOM TRAIL 409 MANGO TREE DRIVE
ORLANDO, FL 32804 EDGEWATER, FL 32132
407 - 425 -3170 EXT. 107 386 - 424 -2479
PREPARED BY: RICH SGUEGLIA PREPARED FOR: BOB IASIMONE
Florida Sheriffs Bid 11 -19 -0907
Spec # 49 - 52,000lb GVW TRACTOR
(1) UNIT — KENWORTH T800 — TRACTOR
Description Bid Specification Option Upgrade Price Extension
Base Specification 2012 T800 98,871.00 98,871.00
2010 Engine ISX 11.9L 350hp ISX 15L 400hp 3,047.00 3,047.00
Unpublished
(4) Wheel Locks Optional Include 1,364.00 1,364.00
Transmission FRO14210C Allison 4500RDS 13,929.00 13,929.00
5th wheel Optional Air slide 479.00 479.00
Double Frame Optional Include 1,589.00 1,589.00
Front Axle 12,000lb 14,6001b 1,172.00 1,172.00
Rear Axle 40,0001b 46,000 lb 2,000.00 2,000.00
Rear Suspension 40,000 lb 46,000 lb Air 1,237.00 1,237.00
Suspension
Hydraulic Wet Line Optional For Walking Floor 5,161.00 5,161.00
Kit Trailer
Cab Suspension Standard Air Suspension 329.00 329.00
Steering Wheel Standard Tilt / Telescope 235.00 235.00
Corner Windows Unpublished Include 376.00 376.00
Mirrors Stainless West Aerodynamic Motorized 628.00 628.00
Coast
Quarter Fenders Unpublished Included 127.00 127.00
Note: All Options Include % % Fl Sheriffs Admin Fee 0.00 0.00
Reference: Pages: 1076 -1077 KENWORTH Specs 0.00 0.00
Pages: 1078 -1101
Total Price $130,544.00 $130,544.00
Purchaser Date
Salesman Date
AGENDA REQUEST
Date: December 13, 2011
PUBLIC HEARING RESOLUTION ORDINANCE
CONSENT January 9, 2012 OTHER BUSINESS CORRESPONDENCE
ITEM DESCRIPTION:
Community Development Block Grant (CDBG) Sub recipient Agreements — FY 2010 / 2011 Amendment and
FY 2011 / 2012.
BACKGROUND:
CDBG funds are federal dollars awarded to counties and cities from the Department of Housing and Urban
Development (HUD). The grant funds can only be used in a "Target" area designated by the County, which is
based on census data. Edgewater's 2011 / 2012 apportionment is $80,306. This year's allocation was
budgeted for the Hawk's Park Improvements "YMCA ". In order to complete the necessary improvements we
also requested from the County that the FY 2010 / 2011 allocation agreement be extended to September 30,
2012.
STAFF RECOMMENDATION:
Approve the Sub recipient Agreements FY 2010 / 2011 Amendment and FY 2011 / 2012
ACTION REQUESTED:
Motion to authorize the City Manager to execute the Sub recipient Agreement for the FY 2010 / 2011
Amendment and FY 2011 / 2012 and to authorize necessary budget amendments.
FINANCIAL IMPACT:
100% Grant Funded
(FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) xx
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
' Concurrence:
tr /7
F ce Director Robin Matusick
Paralegal
-ce 7rlow
City , anager
Volusia County
FLORIDA
November 2, 2011
Tracey Barlow, City Manager
City of Edgewater
104 North Riverside Drive
Edgewater, FL 32132 -0100
Re: FY 2011/12 Community Development Block Grant (CDBG)
Subrecipient Agreement
Dear Mr. Barlow:
Enclosed are two (2) copies of the County of Volusia Subrecipient Agreement with the City
of Edgewater for the 2011/12 fiscal year. Please review, sign both copies, and return. An
executed original will be mailed to you once the County of Volusia has obtained all
appropriate signatures. An Authorization to Proceed will be issued only after the
agreement has been fully executed.
Also, please see the enclosed acknowledgement form recognizing that the referenced
documents were received and made part of the Subrecipient Agreement between your city
and the County of Volusia. These circulars and regulations were distributed to staff that
attended the subrecipient training on September 16th, and are located in the binders that
were given out at that training.
Should you have any questions regarding the information contained herein, please feel
free to contact me at (386) 736 -5955 extension 12970.
Sincerely,
a ..11( A p.a.— Donna King, Grants oordinator
Housing and Grants Administration
110 West Rich Avenue Deland, FL 32720 -4213
Tel: 386 - 736 -5955 386-254-4648 386.423 -3375 Fax: 386.943 -7011
www.volusia.org
G: \Ccmmunity Assistance \GrantsAdmin\ 2011- 2012\ CDBG \Cor -espondence \Subrecipient Agreement cover letter.doc
COUNTY OF VOLUSIA/
CITY OF EDGEWATER
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT FY 2011/12
TABLE OF CONTENTS
SUBRECIPIENT AGREEMENT 2
1. Responsibility for Grant Administration 2
2. Other Program Requirements 2
3. Scope of Services 3
4. Time of Performance 3
5. Compensation 3
6. Method of Payment 3
7. Compliance with Regulations 4
8. Maintenance and Availability of Records 4
9. Request for Reimbursement of Funds 4
10. Program Income 4
11. Reversion of Assets 4
12. Subcontracting 5
13. Suspension and Termination 5
14. Audit 6
15. Conflict of Interest 6
16. Indemnification 6
17 -30. Additional Provisions 7
31. Amendments 10
SIGNATURE PAGE 11
ATTACHMENT I — STATEMENT OF WORK 12
ATTACHMENT II -- BUDGET 15
ATTACHMENT III — CERTIFICATIONS AND OTHER REGULATIONS 16
ATTACHMENT IV — RECORDS TO BE MAINTAINED 24
ATTACHMENT V — REQUEST FOR FUNDS REIMBURSEMENT REPORT 28
1
COUNTY OF VOLUSIA/
CITY OF EDGEWATER
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT FY 2011/12
This AGREEMENT is made by and between THE COUNTY OF VOLUSIA, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY ") and "THE
CITY OF EDGEWATER ", a governmental entity located in Volusia County, Florida
(hereinafter referred to as "SUBRECIPIENT ").
WITNESSETH:
WHEREAS, the COUNTY has the authority to enter into a binding agreement for
the expenditure of all or a portion of its Community Development Block Grant (CDBG)
funds; and
WHEREAS, the regulations of 24 CFR 570, (as now in effect and as may be
amended from time to time), which are incorporated by reference, constitute a part of
this AGREEMENT; and
WHEREAS, the COUNTY has determined that the SUBRECIPIENT, through its
participation in the County of Volusia Urban County Community Development Block
Grant, meets the requirement for subrecipients as defined at 24 CFR 570.500(c); and
NOW, THEREFORE, in consideration of the mutual understanding and
agreements set forth herein, the COUNTY and SUBRECIPIENT and /or its Agent agree
as follows:
1. Responsibility for Grant Administration: In accordance with Subpart J of 24
CFR 570, the COUNTY is responsible for ensuring the administration of CDBG
funds in accordance with all program requirements. The use of Subrecipients or
contractors does not relieve the COUNTY of this responsibility. The COUNTY is
also responsible for determining the adequacy of performance under subrecipient
agreements and procurement contracts and for taking appropriate action when
performance problems arise, such as those actions described in 24 CFR 570-
910.
2. Other Program Requirements: This AGREEMENT shall require the
SUBRECIPIENT and /or its Agent to carry out each activity in compliance with all
Federal laws and regulations in Subpart K of 24 CFR 570 as further described in
ATTACHMENT III — Certifications and Other Regulations, which is attached
hereto and made a part hereof as if fully rewritten, except that:
a. The SUBRECIPIENT and /or its Agent does not assume the COUNTY'S
environmental responsibilities as described in 24 CFR 570.604; and
2
b. The SUBRECIPIENT and /or its Agent is required to comply with the
Uniform Relocation Assistance (URA) and Real Property Acquisition
Policies Act of 1970, as amended, and described in 49 CFR Part 24; and
c. The SUBRECIPIENT and /or its Agent does not assume the COUNTY'S
responsibility for initiating the governmental review process under
Executive Order 12372, as described at 24 CFR 576.612.
3. Scope of Services: The SUBRECIPIENT and /or its Agent hereby agree to allow
expenditure of Urban County CDBG funds within its jurisdiction. The COUNTY,
SUBRECIPIENT and /or its Agent hereby agrees to utilize funds made available
under the CDBG Program for the purpose of implementing activities as described
in SECTION A— Activity Responsibility and Description of ATTACHMENT (—
STATEMENT OF WORK, which is attached hereto and made a part hereof as if
fully rewritten. Changes in ATTACHMENT I— STATEMENT OF WORK may be
requested from time -to -time by the COUNTY or the SUBRECIPIENT and /or its
Agent and shall be incorporated as written amendments to this AGREEMENT.
The SUBRECIPIENT and /or its Agent certifies that the Community Development
project(s) provided for herein shall be given maximum feasible priority to
activities that benefit low -or moderate - income families or aid in the prevention or
elimination of slums or blight.
4. Time of Performance: This AGREEMENT shall take effect from October 1,
2011 through and including September 30, 2012. If necessary, the performance
period of the AGREEMENT may be extended through a formal amendment
process subsequent to a written request from the SUBRECIPIENT.
5. Compensation: The COUNTY shall compensate the SUBRECIPIENT and /or its
Agent for all allowable /eligible expenditures made for those Community
Development project(s) for which they are responsible as described in SECTION
A— Activity Responsibility and Description of ATTACHMENT 1— STATEMENT
OF WORK. Compensation shall be made in accordance with the budget
schedule set forth in ATTACHMENT II— BUDGET, which is attached hereto and
made a part hereof as if fully rewritten. Compensation shall be provided during
the term of this AGREEMENT.
6. Method of Payment: Subject to receipt of funds from the United States
Treasury, the COUNTY agrees to reimburse the SUBRECIPIENT and /or its
Agent for authorized expenditures for which vouchers and other similar
documentation to support payment expenses are maintained by the
SUBRECIPIENT and /or its Agent under those generally accepted accounting
principles and procedures approved by the COUNTY and outlined in OMB
Circulars A -133 and A -87. All payments by the COUNTY shall be governed by
the Florida Prompt Payment act as applicable.
3
7. Compliance with Regulations: The SUBRECIPIENT and /or its Agent will
comply with the applicable uniform administrative requirements as described in
24 CFR 570.502, including those listed in ATTACHMENT III - CERTIFICATION
AND OTHER REGULATIONS, which are attached hereto and made a part
hereof as if fully rewritten.
8. Maintenance and Availability of Records: In connection with the
AGREEMENT, the SUBRECIPIENT and /or its Agent shall maintain all
accounting and client records and documents, papers, maps, photographs, other
documentary materials, and any evidence pertaining to costs incurred, as more
fully described in ATTACHMENT IV- RECORDS TO BE MAINTAINED, which is
attached hereto and made a part hereof as if fully rewritten.
Copies of all CDBG related records generated by the SUBRECIPIENT and /or its
Agent shall be available for inspection by the Department of Housing and Urban
Development, the Comptroller General of the United States, or any authorized
representative of the COUNTY.
Such records shall be available at the SUBRECIPIENT and /or its Agent's offices
at all reasonable times during the contract period and kept for a period of five (5)
years after expiration of this AGREEMENT. If a claim, investigation, or litigation
is pending after what is assumed to be final payment, that in effect cancels the
final payment date. The retention period will not begin until final settlement of
the claim, investigation or litigation.
9. Request for Monthly Reimbursement and Expense Summary: form provided
in ATTACHMENT V and other such documentation as described above shall be
submitted to the COUNTY by the 10 day of each month for the preceding
month. The COUNTY shall make payment to the SUBRECIPIENT within 30 days
of receipt.
10. Program Income: All income received from CDBG funded activities shall be
considered program income and subject to the requirements set forth in 24 CFR
570.504 (c) of the CDBG regulations. The AGREEMENT, ATTACHMENT II —
BUDGET, specifies whether program income received is to be returned to the
COUNTY or retained by the SUBRECIPIENT and /or its Agent.
11. Reversion of Assets: Upon expiration of this AGREEMENT, the
SUBRECIPIENT and /or its Agent agrees to transfer to the COUNTY any CDBG
funds on hand at the time of expiration and any accounts receivable attributable
to the use of CBBG funds. It shall also ensure that any real property under the
SUBRECIPIENT and /or its Agent's control that was acquired or improved in
whole or in part with CDBG funds in excess of $25,000 is either:
4
a. Used to meet one of the National Objectives in 24 CFR 570.208 until 5
years after expiration of the AGREEMENT, or such longer period of time
as determined appropriate by the COUNTY; or
b. Is disposed of in a manner that results in the COUNTY being reimbursed
in the amount of the current fair market value of property less any portion
of the value attributable to expenditures of non -CDBG funds for acquisition
of, or improvement to, the property. (Reimbursement is not required after
the period of time specified in Paragraph 11.a. above).
12. Subcontracting: All work or services covered by this AGREEMENT, which is
subcontracted, shall be specified by written contract and subject to all provisions
of this AGREEMENT. The COUNTY must approve all subcontracts prior to
execution.
13. Suspension and Termination: The COUNTY may terminate this AGREEMENT
and such additional supplemental agreements hereafter executed, in whole or in
part, and may recover any CDBG funds at its discretion if the SUBRECIPIENT
and /or its Agent:
a. Violates any provision of this AGREEMENT; or
b. Violates any provision of the Housing and Community Development Acts
of 1974 and 1977, as amended; or
c. Violates any applicable regulations or terms and conditions of approval of
the applications that the Secretary of HUD has issued or shall
subsequently issue during the period of this AGREEMENT; or
d. Fails to complete performance in a timely manner; or
e. Files for bankruptcy (voluntary or involuntary); becomes subject through
appointment by any court to a receiver taking possession of substantially
all of the assets of the CHDO or remaining in receivership in excess of 60
days; has substantially all of its assets attached, subject to execution or
other judicial seizure; or, does not perform as required under this
Agreement.
The COUNTY may also terminate this AGREEMENT and such additional
supplemental agreements hereafter executed, in whole or in part, by giving the
SUBRECIPIENT and /or its Agent 30 days written notice, in the event that the
Secretary of HUD shall:
f. Withdraw funds allocated to the COUNTY under its application for
program activities that substantially prevent performance of the
Community Development program in the COUNTY;
5
g. Terminate the COUNTY'S funding allocation pursuant to an Act of
Congress.
14.Audit: The SUBRECIPIENT and /or its Agent shall comply with the audit
requirements set forth in OMB Circular A -133.
15. Conflict of Interest: The SUBRECIPIENT certifies that it maintains a code or
standards of conduct that govern the performance of its officers, employees or
agents engaged in the awarding and administration of contracts using Federal
funds.
Except for the use of CDBG funds to pay for salaries and other related
administrative or personnel costs, the SUBRECIPIENT certifies that no
employee, agent, or officer of the SUBRECIPIENT, who exercises decision
making responsibility with respect to CDBG funds and activities, is allowed to
obtain a financial interest in or benefit from CDBG activities, or have a financial
interest in any contract, subcontract or agreement regarding those activities or in
the proceeds of the activities. Specifically:
a. This requirement applies to any person who is an employee, agent,
consultant, officer, or elected or appointed official of the grantee,
designated public agency, or SUBRECIPIENT; and to their
immediate family members, and business partner(s).
b. The requirement applies for such persons during their tenure and for
a period of one year after leaving the grantee or SUBRECIPIENT
organization.
c. It is applicable to the procurement of supplies, equipment,
construction, and services; acquisition and disposition of real
property; provision of assistance to individuals, businesses and other
private entities for all eligible activities (Section 570.201 -205); and
provision of loans to individuals, businesses and other private
entities.
d. Upon written request, exceptions may be granted by HUD after
consideration of the cumulative effect of various factors on a case -by-
case basis, and only with: (a) full disclosure of the potential conflict,
and (b) a legal opinion of the grantee's attorney that there would be
no violation of state or local laws in granting the exception.
16. Indemnification: The SUBRECIPIENT shall hold harmless, defend and
indemnify the COUNTY, the U.S. Department of Housing and Urban
Development, its officers, agents and employees from, or on any account of,
any and all claims, actions, lawsuits, losses, expenses, injuries, damages,
6
judgments or liabilities of any kind whatsoever that arise from the
SUBRECIPIENT'S performance or non - performance of the terms of this
AGREEMENT.
17. Additional Provisions: Notwithstanding anything set forth in this
AGREEMENT to the contrary, nothing in this AGREEMENT shall be deemed
as a waiver of immunity or limits of liability of the COUNTY beyond any
statutory limited waiver of immunity or limits of liability (Section 768.28,
Florida Statutes), which may have been adopted by the Florida Legislature or
may be adopted by the Florida Legislature for liability in tort. Unless
otherwise further limited by state or federal law, the cap on the amount and
liability of the COUNTY for damages for third party claims or indemnification
claims related to this AGREEMENT regardless of the number or nature of
claims or whether such claim sounds in tort, equity or contract shall not
exceed the dollar amount set by the Florida legislature for tort damages.
Further, nothing in this AGREEMENT shall inure to the benefit of any third
party for the purpose of allowing any claim against the COUNTY OF
VOLUSIA, which would otherwise be barred under the doctrine of sovereign
immunity or by operation of state or federal law except as provided herein.
18. In no event shall the COUNTY be liable to SUBRECIPIENT for any incidental,
indirect, special, punitive or consequential damages even if the COUNTY
knew or should have known about the possibility of such damages for any
provision of this AGREEMENT.
19. SUBRECIPIENT shall, at its own expense, defend, indemnify and hold
COUNTY, its agents, officials, including elected officials and employees of
COUNTY, harmless from and against all liabilities, claims, demands, actions,
causes of action, losses, damages, costs and expenses (including
reasonable attorneys' fees) which may arise under any claim or cause of
action whatsoever, contract, equity or tort (including personal injury, death,
and damage to tangible property) to the extent proximately caused by
SUBRECIPIENT's negligence or intentional tortuous conduct in the
performance of this AGREEMENT.
20. Notwithstanding the provisions of Paragraph 17, SUBRECIPIENT shall save
and hold the COUNTY harmless from any and all claims and actions from
SUBRECIPIENT's Subcontractors for payment for Services and Software
provided by Subcontractors for SUBRECIPIENT under this AGREEMENT.
21. This AGREEMENT shall be governed by the laws of the State of Florida and
the Code of Ordinances of the County of Volusia, Florida.
22. SUBRECIPIENT acknowledges the COUNTY's obligations under Article 1,
Section 24, Florida Constitution and Chapter 119, Florida Statutes (commonly
known as the Florida Public Records Act), to release public records to
7
members of the public upon request. SUBRECIPIENT acknowledges that the
COUNTY is required to comply with Article 1, Section 24, Florida Constitution
and Chapter 119, Florida Statutes, in the handling of the materials created
under this AGREEMENT and said statute controls over the provisions of this
AGREEMENT. SUBRECIPIENT agrees to comply with these laws and any
other laws related to provision of public records and to assist COUNTY in
complying with the same as it relates to all aspects of this AGREEMENT.
23. SUBRECIPIENT acknowledges the COUNTY's obligations under Article 1,
Section 24, Florida Constitution and Chapter 286, Florida Statutes (commonly
known as the Florida Government in the Sunshine Law), SUBRECIPIENT
acknowledges that the COUNTY is required to comply with Article 1, Section
24, Florida Constitution and Chapter 286, Florida Statutes. SUBRECIPIENT
agrees to comply with these laws and any other laws related to complying
with the Sunshine Law and to assist COUNTY in complying with the same as
it relates to all aspects of this AGREEMENT.
24. SUBRECIPIENT agrees to maintain such financial records and other records
as may be prescribed by the COUNTY or by applicable federal and state
laws, rules, and regulations. COUNTY shall have the right to audit the books,
records, and accounts of SUBRECIPIENT that are directly related to this
AGREEMENT. SUBRECIPIENT shall keep such books, records, and
accounts as may be necessary in order to record complete and correct
entries related to this AGREEMENT. SUBRECIPIENT shall preserve and
make available, at reasonable times for examination and audit by COUNTY,
all financial records, supporting documents, statistical records, and any other
documents pertinent to this AGREEMENT for the required retention period of
the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable,
or, if the Florida Public Records Act is not applicable, for a minimum period of
three (3) years after termination of this AGREEMENT. If any audit has been
initiated and audit findings have not been resolved at the end of the retention
period or three (3) years, whichever is longer, the books, records, and
accounts shall be retained until resolution of the audit findings. If the Florida
Public Records Act is determined by COUNTY to be applicable to
SUBRECIPIENT's records, SUBRECIPIENT shall comply with all
requirements thereof; however, no confidentiality or non - disclosure
requirement of either federal or state law shall be violated by
SUBRECIPIENT. Any incomplete or incorrect entry in such books, records,
and accounts shall be a basis for COUNTY's disallowance and recovery of
any payment upon such entry.
25. Any legal notice or other communication required or permitted to be made or
given by either party pursuant to this AGREEMENT will be in writing, in
English, and will be deemed to have been duly given: (i) five (5) business
days after the date of mailing if sent by registered or certified U.S. mail,
postage prepaid, with return receipt requested; (ii) when transmitted if sent by
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facsimile, provided a confirmation of transmission is produced by the sending
machine and a copy of the notice is promptly sent by another means specified
in this section; or (iii) when delivered if delivered personally or sent by
express courier service. All notices will be sent to the other party at its
address as set forth below or at such other address as the party may specify
in a notice given in accordance with this section.
In the case of County: with a copies of legal notices to:
County of Volusia County of Volusia
Attn: Dona DeMarsh Attn: Tura Schnebly
Community Assistance Deputy County Attorney
Director
Address: 123 W. Indiana Ave.
Address: 110 W. Rich Ave. Room 301
DeLand, FL 32720 DeLand, FL 32720
Phone: (386) 943 -7039 Phone: (386) 736 -5950
Fax: (386) 822 -5768 Fax: (386) 736 -5990
In the case of SUBRECIPIENT : with a copy of legal notices to:
Attn: Tracey Barlow Attn: Tracey Barlow
City Manager City Manager
Address: City of Edgewater Address: City of Edgewater
P.O. Box 100 P.O. Box 100
Edgewater, FL 32132 -0100 Edgewater, FL 32132 -0100
Phone: (386) 424 -2400 Phone: (386) 424 -2400
Fax: (386) 424 -2409 Fax: (386) 424 -2409
26. Each party will act in good faith in the performance of its respective
responsibilities under this AGREEMENT and will not unreasonably delay,
condition or withhold the giving of any consent, decision or approval that is
either requested or reasonably required by the other party in order to perform
its responsibilities under this AGREEMENT.
27. This Agreement shall not be assigned, transferred, or encumbered by
SUBRECIPIENT unless authorized by the COUNTY in writing as a
modification to this Agreement.
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28. By entering into this AGREEMENT, SUBRECIPIENT and COUNTY hereby
expressly waive any rights either may have to a trial by jury of any civil
litigation related to this AGREEMENT for any litigation limited solely to the
parties of this AGREEMENT.
29. If any provision of this AGREEMENT shall for any reason be held to be
invalid, illegal, unenforceable, or in conflict with any law of a federal, state, or
local government having jurisdiction over this AGREEMENT, such provision
shall be construed so as to make it enforceable to the greatest extent
permitted, such provision shall remain in effect to the greatest extent
permitted and the remaining provisions of this AGREEMENT shall remain in
full force and effect unless COUNTY or SUBRECIPIENT elect to terminate
this AGREEMENT. An election to terminate this AGREEMENT based upon
this provision shall be made within seven (7) days after the finding by the
court becomes final. Prior to terminating this AGREEMENT, the parties may
agree to substitute an enforceable provision that, to the maximum extent
possible under applicable law, preserves the original intentions and economic
positions of the parties.
30. This Agreement and attached exhibits and amendments thereto constitute the
full and complete understanding between the parties.
31. Amendments: Upon mutual consent of both parties, this AGREEMENT may
be amended in writing.
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COUNTY OF VOLUSIA/
CITY OF EDGEWATER
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT FY 2011/12
SIGNATURE PAGE
IN WITNESS WHEREOF, the COUNTY and the SUBRECIPIENT have been executed
this AGREEMENT.
Tracey Barlow Date
City Manager
City of Edgewater
Dona DeMarsh Date
Community Assistance Director
County of Volusia
ATTACHMENT 1— STATEMENT OF WORK
SECTION A — ACTIVITY RESPONSIBILITY AND DESCRIPTION
The organization responsible for implementing each activity and a brief description of
the activity is identified below. Implementation of these activities shall comply with the
regulations of 24 CFR 570, as now in effect and as may be amended from time to time.
The COUNTY shall:
1. Be responsible for monitoring all programmatic regulations, to provide review and
certification that environmental regulations have been adhered to, and providing
technical assistance as requested.
2. Be responsible for determining the adequacy of performance under subrecipient
agreements and procurement contracts and for taking appropriate action when
performance problems arise.
3. The COUNTY Capital Projects Coordinator shall review and approve, prior to
execution, all procurement procedures and subcontracts for compliance with the
Davis -Bacon Fair Labor Standards Provisions, Minority and Women's Business
Enterprise (MWBE) affirmative requirements, Executive Order 11246, Section 3
of Housing and Urban Development Act of 1968, Federal
Debarment/Suspension of contractors, and other applicable federal labor and
equal opportunity requirements.
The SUBRECIPIENT shall be responsible for implementing the following activities:
1. Public Facility Improvement- Turgot Avenue YMCA: Be responsible for
improvements to the Turgot Avenue YMCA, including: renovation of gym floor by
replacing cracked, deteriorated floor with new flooring; improvements to the
HVAC system; and the purchase and installation of playground equipment.
2. Be responsible for contacting the Volusia County Community Assistance
Department's Capital Projects Coordinator prior to implementing any phase of
construction of the above listed activities. The City agrees to inform and include
the Capital Projects Coordinator in all pre -bid, bid, pre- construction, or any other
applicable meeting related to the above listed activities
3. Be responsible for compliance with all Davis -Bacon Fair Labor Standard
regulations with regard to the above listed construction projects. The City agrees
to provide certified payroll and contractors invoices related to the above listed
activities to the Volusia County Community Assistance Capital Projects
Coordinator for approval prior to requesting reimbursement for any expenditures.
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SECTION B — AREA SERVICES
Persons residing in the geographic location of the following Census Tracts and Block
Groups will benefit from the above listed activities. The percentage of low /moderate
income persons residing in each Census Tract and Block Group, as defined by 2000
Census, is listed below.
Census Percentage Low /Moderate
Activity Tract Block Group Income Persons
Public Facility Improvements
Public Facility Improvement- Turgot
' Avenue YMCA: Be responsible for
upgrading the HVAC system at the
YMCA facility, including removal of 83001 02 61%
existing system, purchase and
installation of an improved HVAC
system.
SECTION C — WORK SCHEDULE
SUBRECIPIENT
DESCRIPTION OF ACTIVITIES TIME QUANTITY MILESTONE
Public Facility Improvement- Turgot
Avenue YMCA: Be responsible for October 1, 2011 Completion by —
upgrading the HVAC system at the YMCA _September 30, 664 People September
facility, including removal of existing 2012 30,2012
system, purchase and installation of an
improved HVAC system.
SECTION D — WORK REVISIONS
The work elements contained herein set forth specific objectives, activities, and
schedules. Requests to revise Section A through C may be deemed necessary by the
SUBRECIPIENT and /or its Agent. Any revision is subject to prior written approval by
the COUNTY.
SECTION E — LEVELS OF ACCOMPLISHMENT — GOALS AND PERFORMANCE
MEASURES
The Subrecipient agrees to provide the following level of program services:
Activity Units per Month Total Units/Year
Public Facility Improvements N/A 664 LMI people
Note: Units means the number of low- and moderate - income persons residing in the
area that will benefit directly from new or improved access to an infrastructure or public
facility benefit.
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SECTION F — RECORDS AND REPORTS TO BE PROVIDED AND MAINTAINED
Records and reports to be provided to the COUNTY:
1. The SUBRECIPIENT and /or its Agent shall provide on a monthly basis until
the AGREEMENT is closed, the Request for Funds Reimbursement Form,
ATTACHMENT V to this AGREEMENT. The Request for Funds
Reimbursement Form contains two sections: Section I - Request for Monthly
Funds Reimbursement and Expense Summary Form and Section II - Status
Report. Each section must be completed and submitted on a monthly
basis regardless of the activity level until the Agreement is closed.
2. The SUBRECIPIENT and /or its Agent shall provide other reports as may be
prescribed by the COUNTY or the Secretary of HUD from time to time.
Records to be maintained by the SUBRECIPIENT:
The SUBRECIPIENT and /or its Agent shall maintain all required records, which are
applicable to the CDBG- assisted activity, as set forth in ATTACHMENT IV to this
AGREEMENT.
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ATTACHMENT 11— BUDGET
The total amount of CDBG funds allocated to community development activities in the
City of Edgewater is $80,306. The following chart provides details as to the
organization responsible for implementing each of the activities, a description of the
activities and the amount of funds budgeted for the activity.
RESPONSIBILITY DESCRIPTION OFACTIVITY BUDGET
Public Facility Improvement- Turgot Avenue
YMCA: Be responsible for improvements to
the Turgot Avenue YMCA, including:
City of Edgewater renovation of gym floor by replacing cracked, $80,306
deteriorated floor with new flooring;
improvements to the HVAC system; and the
purchase and installation of playground
equipment.
TOTAL $80,306
In the event Program Income is generated, such income shall be returned to the
COUNTY.
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ATTACHMENT III — CERTIFICATION AND OTHER REGULATIONS
SECTION A — APPLICABILITY OF UNIFORM ADMINISTRATIVE REQUIREMENTS
The COUNTY, SUBRECIPIENT and their Agents which are, or represent
governmental entities, shall comply with the requirements and standards, and
any revisions or amendments thereto, of OMB Circular A -87, "Principles for
Determining Costs Applicable to Grants and Contract with State, Local and
Federally Recognized Indian Tribal Governments "; OMB Circular A -133, Audits
of States, Local Governments, and Non - Profit Organizations; and with the
applicable portions of 24 CFR Part 85, "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments" as
provided in 24 CFR 570.502.
SECTION B — EQUAL OPPORTUNITY
The SUBRECIPIENT and their Agent agrees to comply with:
1. Title VI of the Civil Rights Act of 1964 (P.L.88 -352) and the HUD
regulations under 24 CFR Part 1, which provides that no person in the
United States shall, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity receiving Federal
financial assistance by way of grant, loan, or contract and will immediately
take any measures necessary to effectuate this Agreement. If any real
property or structure thereof is provided or improved with the aid of
Federal financial assistance extended to the SUBRECIPIENT, this
assurance shall obligate the SUBRECIPIENT, or in the case of any
transfer of such property or structure is used for a purpose of which the
Federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits.
2. Title VIII of the Civil Rights Act of 1968 (P.L. 90 -284), as amended by the
Fair Housing Amendments Act of 1988 (P.L. 100 -430), and will administer
all programs and activities relating to housing and community
development in a manner to affirmatively further fair housing within
Constitutional limitations throughout the United States.
3. Section 109 of the Housing and Community Development Act of 1974 and
1977, as amended, and in conformance with all requirements imposed
pursuant to the regulations of the Department of HUD (24 CFR Part
570.602) issued pursuant to that Section; no person in the United States
shall, on the grounds of race, color, national origin, or sex, be excluded
from participation under, any program or activity funded in whole or in part
with the Community Development funds.
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Section 109 of the Act further provides that any prohibition against
discrimination on the basis of age, under the Age Discrimination Act of
1975 (24 CFR Part 146), or with respect to an otherwise qualified
handicapped person, as provided in Section 504 of the Rehabilitation Act
of 1973 (24 CFR Part 8), shall also apply to any program or activity funded
in whole or in part with funds made available pursuant to the Act.
4. Executive Order 11063 on equal opportunity in housing and related
facilities owned or operated by the Federal Government or provided with
Federal financial assistance.
5. Executive Order 11246, an amended, requiring nondiscrimination and
affirmative action to ensure nondiscrimination in employment by
government contractors and subcontractors and under federally assisted
construction contracts.
6. Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
170Iu), as amended, and the HUD regulations issued pursuant thereto (24
CFR Part 135), shall govern all housing rehabilitation and community
development construction contracts in excess of $200,000 where at least
$100,000 of Federal CDBG funds are used, as follows:
a. The work to be performed under the contract is subject to the
requirements of Section 3 of the Housing and Urban Development Act
of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of
Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD - assisted projects
covered by Section 3, shall, to the greatest extent feasible, be directed
to low- and very low- income persons particularly persons who are
recipients of HUD assistance for housing.
b. The parties to the contract agree to comply with HUD's regulations in
24 CFR Part 135, which implement Section 3. As evidenced by their
execution of this contract, the parties to the contract certify that they
are under no contractual or other impediment that would prevent them
from complying with the Part 135 regulations.
c. The contractor agrees to send to each labor organization or
representative of workers with which the contractor has a collective
bargaining agreement or other understanding, if any, a notice advising
the labor organization or workers' representative of the contractors
commitments under this Section 3 clause, and will post copies of the
notice in conspicuous placed at the work side were both employees
and applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference, shall set
forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and
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the name and location of the person(s) taking applications for each of
the positions; and the anticipated date the work shall begin.
d. The contractor agrees to include the Section 3 clause in every
subcontract subject to compliance with regulations 24 CFR Part 135
and agrees to take appropriated action, as provided in an applicable
provision of the subcontract or in this section 3 clause upon a finding
that the subcontractor is in violation of the regulations in 24 CFR Part
135. The contractor will not subcontract with any subcontractor where
the contractor has notice or knowledge that the subcontractor has
been found in violation of the regulations in 24 CFR Part 135.
e. The contractor will certify that any vacant employment positions,
including training positions, that are filled (1) after the contractor is
selected but before the contract is executed, and (2) with persons
other than those to whom the regulations of 24 CFR Part 135 require
employment opportunities to be directed, were not filled to circumvent
the contractors obligations under 24 CFR Part 135.
f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result
in sanctions, termination of this contract for default, and debarment or
suspension from future HUD assisted contracts.
g. With respect to work performed in connection with Section 3 covered
Indian housing assistance, section 7(b) of the Indian Self -
Determination and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians and
(ii) preference in the award of contracts and subcontracts shall be
given to Indian organizations and Indian -owned Economic Enterprises.
Parties to this contract that are subject to the provisions of section 3
and section 7(b) agree to comply with section 3 to the maximum extent
feasible, but not in derogation of compliance with section 7(b).
7. The affirmative requirements, as set forth in 24 CFR Part 85.36 (e), to
assure that minority firms, women's business enterprises, and labor
surplus area firms are used when possible, to include the following
actions:
a. Placing qualified small and minority businesses, and women's
business enterprises on solicitation lists;
b. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and
minority business, and women's business enterprises;
d. Establishing delivery schedules, where the requirements permits,
which encourage participation by small and minority business, and
women's business enterprises;
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e. Using the services and assistance of the Small Business
Administration and the Minority Businesses Development Agency of
the Department of Commerce; and
f. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs (a) — (e) of the section.
SECTION C — INTEREST OF CERTAIN FEDERAL OFFICIALS
No member of or delegate to the Congress of the United States shall be admitted
to any share or part of this Agreement or to any benefit to arise from the same.
SECTION D — INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF THE
SUBRECIPIENT, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC
OFFICIALS
No member, officer, or employee of the SUBRECIPIENT or its designees or
agents, no member of the governing body of the locality in which the program is
situated, and no other public official of such locality or localities who exercises
any functions or responsibilities with respect to the program during his tenure or
for one (1) year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed in
connection with the program assisted under this Agreement.
SECTION E — HATCH ACT
The SUBRECIPIENT agrees to comply with all provisions of the Hatch Act and
that no part of the program will involve political activities, nor shall personnel
employed in the administration of the program be engaged in activities in
contravention of Title V, Chapter 15, of the United States Code.
SECTION F — DAVIS -BACON FAIR LABOR STANDARDS PROVISIONS
The SUBRECIPIENT agrees to comply with 24 CFR 570.603, Labor Standards
of the Regulations published by HUD for Community Development Block Grants.
SECTION G - USE OF DEBARRED, SUSPENDED OR INELIGIBLE CONTRACTORS
OR SUBRECIPEINTS.
The SUBRECIPIENT agrees to comply with the requirements of 24 CFR parts 5
and 24, which prohibit a person who is debarred or suspended from receiving
Federal financial and non - financial assistance and benefits under any Federal
Programs.
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SECTION H — ANTI - LOBBYING
The SUBRECIPIENT agrees that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of it, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer of employee of
Congress, or an employee of a Member of Congress. In connection with the
awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
congress, or an employee of a Member of Congress in connection with the
Federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
SECTION I — COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS
The SUBRECIPIENT agrees to comply with any conditions resulting from the
COUNTY'S compliance with the provisions of the National Environmental Policy
Act of 1969 and the other provisions of law specified at 24 CFR 58.5 insofar as
the provisions of such Act apply to the activities set forth in ATTACHMENT I —
STATEMENT OF WORK.
SECTION J — COMPLIANCE WITH FLOOD DISASTER PROTECTION ACT
This AGREEMENT is subject to the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 93 -234). No portion of the assistance provided
under this AGREEMENT is approved for acquisition or construction purposes as
defined under Section 3 (a) of said Act, for use in any area identified by the
Secretary as having special flood hazards, which is located in a community not
then in compliance with the requirements for participation in the national flood
insurance program pursuant to Section 201(d) of said Act; and the use of any
assistance provided under this AGREEMENT for such acquisition or construction
in such identified areas in communities then participating in the national flood
insurance program shall be subject to the mandatory purchase of flood insurance
requirements of Section 102(a) of said Act.
Any contract or agreement for the sale, lease, or other transfer of land acquired,
cleared, or improved with assistance provided under this AGREEMENT shall
contain, if such land is located in an area identified by the Secretary as having
20
special flood hazards and in which the sale of flood insurance has been made
available under the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4001 et seq., provisions obligating the transferee and its successors or
assigns to obtain and maintain, during the ownership of such land, such flood
insurance required with respect to financial assistance for acquisition or
construction purposes under Section 102 (2) of Flood Disaster Protection Act of
1973. Such provisions shall be required notwithstanding the fact that the
construction of such land is not itself funded with assistance under this
AGREEMENT.
SECTION K — COMPLIANCE WITH AIR AND WATER ACTS
This AGREEMENT is subject to the requirements of the Clean Air Act, as
amended, 42 U.S.C. 1857 et seq.; the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq.; and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR Part 15, as amended from
time to time.
In compliance with said regulations, the COUNTY shall cause or require to be
inserted in full in all contracts and subcontracts with respect to any nonexempt
transaction thereunder funded with assistance provided under this
AGREEMENT, the following requirements.
1. A stipulation by the contractor or subcontractor that any facility to be
utilized in the performance of any nonexempt contract or subcontract is
not listed on the list of Violating Facilities issued by the Environmental
Protection Agency (EPA) pursuant to 40 CFR 15.20.
2. Agreement by the contractor to comply with all the requirements of
Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857c -8), and
Section 308 of the Federal Water Pollution Control Act, as amended, (33
U.S.C. 1318) relating to inspection, monitoring, entry, reports and
information, as well as all other requirements specified in said Section 114
and Section 308, and all regulations and guidelines issued thereunder.
3. A stipulation that as a condition for the award of the contract, prompt
notice will be given of any notification received from the director, Office of
Federal Activities EPA, indicating that a facility utilized or to be utilized for
the contract is under consideration to be listed on the EPA list of Violating
Facilities.
4. Agreement by the contractor that he will include or cause to be included
the criteria and requirements in paragraph A through D of this section in
every nonexempt subcontract and requiring the contractor will take such
action as the Government may direct as means of enforcing such
provisions.
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In no event shall any amount of the assistance provided under this AGREEMENT
be utilized with respect to a facility that has given rise to a conviction under
Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water
Pollution Control Act.
SECTION L — HISTORIC PRESERVATION
The AGREEMENT is subject to the requirements of P.L. 89 -665, the
Archaeological and Historic Preservation Act of 1974 (P.L. 93 -291), Executive
Order 11593, and the procedures prescribed by the Advisory Council on Historic
Preservation in 36 CFR Part 800. The COUNTY must take into account the
effect of a project on any district, site, building, structure or object listed in or
found by the Secretary of the Interior, pursuant to 35 CFR Part 800, to be eligible
for inclusion in the National Register of Historic Places, maintained by the
National Park Service of the U. S. Department of the Interior, and must make
every effort to eliminate or minimize any adverse effect on a historic property.
SECTION M — ARCHITECTURAL BARRIERS
This AGREEMENT is subject to the requirements of the Architectural Barriers Act
of 1968 (42 U.S.C. 4151) and its regulations. Every building or facility (other than
a privately owned residential structure) designed, constructed, or altered with
CDBG funds must comply with the requirements of the "American Standards
Specifications for Making Buildings and Facilities Accessible To, and Usable By,
the Physically Handicapped."
SECTION N — LEAD BASED PAINT
This AGREEMENT is subject to the Lead -Based Paint Poisoning Prevention Act
(42 U.S.C. 4831 et seq.), and the Lead -Based Paint Regulations (24 CFR Part
35 and 24 CFR 570.608). The use of lead -based paint is prohibited whenever
CDBG funds are used directly or indirectly for the construction, rehabilitation, or
modernization of residential structures. Immediate lead -based paint hazards
existing in residential structures assisted with CDBG funds must be eliminated,
and purchasers and tenants of assisted structures constructed prior to 1978 must
be notified of the hazards of lead -based paint poisoning.
SECTION O — PROPERTY DISPOSITION
Real or personal property purchased in whole or in part with CDBG funds shall
not be disposed through sale, use, or location without the written permission of
the COUNTY. The proceeds from the disposition of real property shall be
considered program income and subject to 24 CFR 570.504(c).
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SECTION P — ACQUISITION /RELOCATION
This AGREEMENT is subject to providing a certification that the parties will comply with
the acquisition and relocation requirements of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, implementing regulations
at 49 CFR Part 24 and 24 CFR Part 511.14, which govern the acquisition of real
property for the project and provision of relocation assistance to persons displaced as a
direct result of acquisition, rehabilitation, or demolition for the project.
23
ATTACHMENT IV — RECORDS TO BE MAINTAINED
The SUBRECIPIENT and its Agents shall establish and maintain sufficient records to
enable the COUNTY and /or the Secretary of the Department of Housing and Urban
Development (HUD) to determine whether the terms and condition of this AGREEMENT
have been met. At a minimum, the parties shall maintain the following records for the
term of the AGREEMENT and five (5) years after closure:
Section A. The COUNTY shall maintain:
1. Records providing a full description of each activity assisted (or being assisted)
with Community Development Block Grant (CDBG) funds, including its location (if
the activity has a geographical locus), the amount of CDBG funds budgeted,
obligated, and expended for the activity, records pertaining to the leverage of the
CDBG funds with other Federal, State, local, private or other funding, and the
provision of Subpart C — Eligible Activities of 24 CFR Part 570 under which the
activity is eligible for CDBG- assistance.
2. Records demonstrating that each activity undertaken pursuant to this
AGREEMENT meets one of the criteria for meeting the CDBG National
Objectives set forth in 24 CFR 570.208. The COUNTY will require the
SUBRECIPIENT to maintain or produce records to support the activity's CDBG
eligibility and its criteria for meeting the CDBG National Objectives as set forth in
Section II below.
3. Records that demonstrate the COUNTY has made the determinations required
as a condition of eligibility of certain activities, as prescribed in Sections
570.201(f), 570.201(i), 570.202(b)(3), 570.203(b), 570.204(a), and 570.206(f).
4. Records that demonstrate compliance with the citizen participation requirements
prescribed in Section 104(a)(3) of the Act, and in 24 CFR 570.301(b) and
570.305 for Entitlement Communities.
5. Records that demonstrate compliance with fair housing and equal opportunity
laws
Section B. The SUBRECIPIENT shall maintain:
1. Records providing a full description of each activity assisted (or being assisted)
with Community Development Block Grant (CDBG) funds, including its location (if
the activity has a geographical locus), the amount of CDBG funds budgeted,
obligated, and expended for the activity, and records pertaining to the leverage of
the CDBG funds with other Federal, State, local, private or other funding.
2. For each activity determined to benefit LMI persons based on the area served by
the activity:
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a. The boundaries of the service area;
b. The income characteristics of families and unrelated individuals in the
service area; and
c. If the percent of LMI persons in the service area is less than 51 percent,
data showing that the area qualifies under the exception criteria set forth in
24 CFR 570.208(a)(1)(ii).
NOTE: Public Facility Improvement- Turoot Avenue YMCA: These activities
have been determined by the COUNTY to benefit Low Moderate Income
(LMI) persons because the service areas served by the activities have at
least 51 percent of the residents with low and moderate incomes.
3. Records to support that each activity undertaken pursuant to this AGREEMENT
is eligible for CDBG- assistance and meets one of the criteria for meeting the
CDBG National Objectives. Such records shall include the following information:
a. Documentation establishing that the facility or service is designed for and
used by youths or LMI persons, for which the regulations provide
presumptive benefit to LMI persons; or
b. Documentation describing how the nature and, if applicable, the location of
the facility or service establishes that it is used predominantly by LMI
persons; or
c. Documentation showing the size and annual income of the family or each
person receiving the benefit as defined by HUD in 24 CFR 570.3.
4. Records that demonstrate compliance with 24 CFR 570.505 regarding any
change of use of real property acquired or improved with CDBG assistance.
5. Records that demonstrate compliance with the citizen participation requirements
prescribed in Section 104(a)(3) of the Act, and in 24 CFR 570.301(b) and
570.305 for Entitlement Communities.
6. Records that demonstrate compliance with the requirements in 24 CFR 570.606
regarding acquisition, displacement, relocation, and replacement housing.
7. Fair housing and equal opportunity records applicable to the nature of the
activity as follows:
a. Documentation of the actions the SUBRECIPIENT has carried out with its
housing and community development and other resources to remedy or
ameliorate any conditions limiting fair housing choice in the Community,
25
and documentation of any other official actions the Community has taken
that demonstrate its support for fair housing, such as development of a fair
housing analysis described in 24 CFR 570.904(c).
b. Data on the extent to which each racial and ethnic group and single
headed households (by gender of household head) have applied for,
participated in, or benefited from, any program or activity funding in whole
or in part with CDBG funds. Such information shall be used only as a
basis for further investigation as to compliance with nondiscrimination
requirements. The SUBRECIPIENT is not required by law to attain or
maintain any particular statistical measure by race, ethnicity or gender in
covered programs.
c. Data on employment in each of the SUBRECIPIENT'S operating units
funded in whole or in part with CDBG funds, with such data maintained in
the categories prescribed on the Equal Employment Opportunity
Commission's EEO -4 form; and documentation of any actions undertaken
to ensure equal employment opportunities to all persons regardless of
race, color, national origin, sex, or handicap in operating units funded in
whole or in part under this part.
d. Data indicating the race and ethnicity of households (and gender of single
head of households) displaced as a result of CDBG- funded activities,
together with the address and census tract of the housing unites to which
each displaced household relocated. Such information shall be used only
as a basis for further investigation as to compliance with nondiscrimination
requirements. The SUBRECIPIENT is not required by law to attain or
maintain any particular statistical measure by race, ethnicity, or gender in
covered programs.
e. Data indicating the racial /ethnic character of each business entity
receiving a contract or subcontract of $10,000 or more paid, or to be paid
with CDBG funds, data indicating which of those entities are women's
business enterprises as defined in Executive Order 12138, the amount of
the contract or subcontract, and documentation of SUBRECIPIENT'S
affirmative steps to ensure that minority business and women's business
enterprises have an equal opportunity to obtain or compete for contracts
and subcontract as sources of supplies, equipment, constructions, and
services. Such affirmative steps may include, but are not limited to,
technical assistance open to all businesses but designed to enhance
opportunities for these enterprises and special outreach efforts to inform
them of contract opportunities. Such steps shall not include preferring any
business in the award of any contract or subcontract solely or in part on
the basis of race or gender.
26
f. Documentation of the affirmative action measures the SUBRECIPIENT
has taken to overcome prior discrimination, where the courts or HUD have
found that the SUBRECIPIENT has previously discriminated against
persons on the grounds of race, color, national origin, or sex in
administering a program or activity funding in whole or in part with CDBG
funds.
g. Section 3 records. For those contracts governed by Section 3, the
following documentation will be required from the SUBRECIPIENT and /or
its Agent to evaluate compliance with Section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u), as amended and the HUD
regulations issued pursuant thereto in 24 CFR Part 135:
1) Project description, location, total funding limit and the period of
performance.
2) A summary table identifying the number and category types of the
Section 3 residents and business concerns employed /trained on
the project. The summary should also include the total amount of
funds expended on payroll for Section 3 employment and/ or the
amount of the Section 3 business concern's subcontract.
3) If the numerical goals defined by the COUNTY cannot be met,
documentation showing why it was not feasible to meet the
established goals or impediments encountered despite action
taken must be provided.
4) Documentation regarding other economic opportunities provided
such as: (a) other training and employment related opportunities
such as "upward mobility ", "bridge" and trainee positions to fill
vacancies, hiring Section 3 residents within other housing
developments and, hiring in part time position; (b) other business
related economic opportunities such as to establish, stabilize or
expand Section 3 business concerns will also be considered in
evaluating compliance.
8. Financial Records. Financial records, in accordance with the applicable
requirements listed in 24 CFR 570.502.
9. Records required to be maintained in accordance with other applicable laws and
regulations set forth in Subpart K of the CDBG regulations (ATTACHMENT III —
Certification and Other Requirements).
27
ATTACHMENT V — REQUEST FOR FUNDS REIMBURSEMENT REPORT
The Request for Funds Reimbursement Form is a monthly submittal requirement for all
SUBRECIPIENTS and /or their Agents. It is made up of two sections: SECTION I —
Request for Monthly Funds Reimbursement and Expense Summary Form and
SECTION II — Status Report. Additional data such as payroll records, receipts,
invoices, daily activity logs, etc., are also required to support the monthly expenses and
funds reimbursement request.
Failure to submit both sections of the report, including the financial supporting data, will
result in a delay of the approval process and subsequent payment.
The Request for Funds Reimbursement Form is due to the County by the 10 day
of each month for the preceding month, regardless of the activity level or costs
incurred until the Agreement is closed.
28
SECTION I — FY 2011/12 Request For Monthly Reimbursement
and Expense Summary Form
SUBRECIPIENT NAME: City of Edgewater TIME FRAME:
(Month)
ADDRESS: TELEPHONE:
CITY: STATE: ZIP:
REQUEST# FINAL REQUEST: YES NO FUNDING SOURCE: CDBG
CONTACT PERSON: TELEPHONE:
REIMBURSEMENT FUNDS REQUESTED FOR THIS PERIOD: $
DESCRIPTION OF ACTIVITY BUDGET EXPENSES EXPENSES AVAILABLE
THIS YEAR -TO- BALANCE
MONTH DATE
1. Public Facility Improvement- Turqot Avenue
YMCA: Be responsible for improvements to
the Turgot Avenue YMCA, including:
renovation of gym floor by replacing $80,306.00
cracked, deteriorated floor with new
flooring; improvements to the HVAC
system; and the purchase and installation of
playground equipment.
2. TOTAL $80,306.00
FOR COUNTY USE ONLY AMENDMENT JOURNAL
PREPARED BY
REVIEWED BY
VOLUSIA COUNTY COMMUNITY ASSISTANCE
APPROVED BY
REQUEST DATE:
AGENCY AUTHORIZED SIGNATURE:
(This form is for reproduction or copying by Recipient)
29
SECTION II - STATUS REPORT FY 2011/12
1. SUBRECIPIENT NAME:
2. STATUS REPORT FOR THE MONTH OF:
3. ACTIVITY NAME:
4. ESTIMATED PROJECT /ACTVITY COMPLETION DATE:
5. PERCENT OF PROJECT /ACTIVITY COMPLETED TO DATE:
6. DESCRIBE SPECIFIC WORK TASKS AND QUANTIFIED ACCOMPLISHMENTS COMPLETED
THIS MONTH.
7. DESCRIBE PROJECT /ACTIVITY SUCCESSES, OR PROBLEMS ENCOUNTERED AND THEIR
SOLUTIONS.
8. DISCUSS ANY ANTICIPATED PROBLEMS OR CONCERNS WITH THE PROJECT /ACTIVITY
THAT THE COMMUNITY ASSISTANCE DIVISION COULD PROVIDE ASSISTANCE TO
RESOLVE.
30
Volusia County
FLORIDA
December 5, 2011
Mr. Tracey Barlow, City Manager
City of Edgewater
104 North Riverside Drive
Edgewater, FL 32132
Re: FY 2010/11 Community Development Grant (CDBG)
Subrecipient Agreement Amendment
Dear Mr. Barlow:
This letter will approve the following changes to the subject agreement.
1. Amendment Journal
Amendment 1 December 5, 2011
2. Time Extension
The expiration date of the subject agreement has been extended to September 30,
2012.
It is understood that this amendment does not modify any provisions to the above - described
contract other than listed above. This amendment will become effective when signed by both
parties. Please retain a copy of the executed amendment for your files and return the original.
City of Edgewater Volusia County
Housing and Grants Administration
City Manager Manager
Date Date
cc: Jonathan McKinney, Finance Director
Malecia Harris, Project Coordinator
110 West Rich Avenue DeLand, FL 32720 -4213
Tel: 386 - 736.5955 386. 254 -4648 386 - 423.3375 Fax: 386 - 943 -7011
www.volusia.org
G: \Community Assistance \GrantsAdmin \2010 -11 \CDBG\Edgewater \SubAm1 time extention.doc
Id
AGENDA REQUEST
C.A. #2012- Janitorial Services Contract renewal
Date: December 21, 2011
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT January 9, 2012 BUSINESS
ITEM DESCRIPTION:
Janitorial Services Contract — Addendum Number 2.
BACKGROUND:
The contract for Janitorial Services with D & A Building Services expires on December 7, 2011. The
original contract provides for the option to renew the contract for four (4) additional terms of one (1) year
each. This will be the second renewal.
STAFF RECOMMENDATION:
Authorize the City Manager to sign addendum number 2 with D & A Building Services for one (1) year —
December 8, 2011 through December 9, 2012.
ACTION REQUESTED:
Motion to authorize City Manager to renew the contract with D & A Building Services for Janitorial
Services.
FINANCIAL IMPACT:
These janitorial costs are currently budgeted in our FY 2012 budget.
(Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO
PREVIOUS AGENDA ITEM: YES NO
If so, DATE: AGENDA ITEM #
Resp ctfull ubmitted, Concurrence:
Jo than C. McKinney Robin L. Matusick
Finance Director Paralegal
racey T :arlow
City M ager
ADDENDUM NUMBER 2
TO THE JANITORIAL SERVICES AGREEMENT
By Agreement made and entered into this day of , 2011, by and
between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY ") and D & A
BUILDING SERVICES, INC., (hereinafter referred to as "Contractor ").
WITNESSETH
The CITY and Contractor mutually agree to amend that certain Agreement between
the CITY and Contractor made and entered into on December 2, 2009 and Addendum
#1 entered into on November 1, 2010 as follows:
1) Both parties wish to utilize the option contained in paragraph 8. TERM OF THE
AGREEMENT by electing to renew the contract for an additional term of one (1) year.
Thereby extending the current contract from December 8, 2011 through and until December
7, 2012.
2) The parties acknowledge that all other terms, provisions and conditions of the original
Agreement are republished, ratified and reaffirmed by the parties hereto.
IN WITNESS HEREOF the parties have made and executed this Addendum the day and
year written above.
WITNESSES: CITY OF EDGEWATER, FLORIDA
By:
Tracey T. Barlow
City Manager
Dated:
WITNESSES: D & A BUILDING SERVICES, INC.
Albert Sarbasa
President
Dated:
( Agreement \Janitor - Addendum #2 -2011)
o
AGENDA REQUEST
C.A. #2011 -TA -1106
Date: December 29, 2011
PUBLIC
HEARING January 9, 2012 RESOLUTION ORDINANCE X
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION:
2nd Reading — Ordinance No. 2011 -0 -17 Land Development Code (LDC) text amendment
to Article III (Permitted, Conditional, Accessory,
and Prohibited Uses); Section 21 -37.05 — Special
Activity Permit Criteria.
APPLICANT /AGENT: City of Edgewater
REQUESTED ACTION: Approval of the proposed text amendment to the Land Development
Code.
Background: The proposed amendment to Article III (Permitted, Conditional, Accessory, and
Prohibited Uses) of the LDC will provide City Council the opportunity to waive requirements in
Section 21 -35.01 - Alcoholic Beverages, related to the location of alcoholic beverage sales and
consumption at special activity events.
The Planning and Zoning Board recommended approval by a vote of 6 -0 on November 9, 2011.
City Council approved first reading of this ordinance on December 5, 2011 by a vote of 4 -0.
STAFF RECOMMENDATION:
Staff recommends approving Ordinance 2011 -0 -17; LDC text amendment to Article III
(Permitted, Conditional, Accessory, and Prohibited Uses); Section 21 -37.05 — Special Activity
Permit Criteria of the Land Development Code.
ACTION REQUESTED:
Motion to approve Ordinance 2011 -0 -17.
FINANCIAL IMPACT:(Finance Director) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X
PREVIOUS AGENDA ITEM: YES X NO
If so, DATE: 12/5/11 AGENDA ITEM # 8b
Respectfully submitted, Concurrence:
/
Darren Lear Robin L. Matusick
Development Services Director Paralegal
!'
race, . Barlow
Cit anager
ORDINANCE NO. 2011-0-17
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING AND RESTATING ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY &
PROHIBITED USES), SECTION 21 -37.05 (SPECIAL
ACTIVITY PERMIT CRITERIA) OF CHAPTER 21 (LAND
DEVELOPMENT CODE); PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE
DATE, ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On July 10, 2000, City Council adopted Ordinance #2000 -0 -12 which enacted
Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances.
2. On September 13, 2010, Council adopted Ordinance #2010 -0 -18 which amended
and restated Chapter 21 (Land Development Code), Article III (Permitted, Conditional,
Accessory & Prohibited Uses), and Section 21 -37 (Special Activity /Permit Requirements).
3. On May 16, 2011, Council adopted Ordinance #2010 -0 -05 which amended and
restated Chapter 21 (Land Development Code), Article III Section 21 -33 (Uses and Restrictions).
4. Adoption of this Ordinance will modify Section 21 -37.05 (Special Activity Permit
Criteria) of Article III.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDING AND RESTATING ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY &
PROHIBITED USES), SECTION 21 -37.05 (SPECIAL
ACTIVITY PERMIT CRITERIA) OF CHAPTER 21 (LAND
DEVELOPMENT CODE), CITY OF EDGEWATER,
FLORIDA.
1
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#2011 -0 -17
Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by
amending and restating Article III (Permitted, Conditional, Accessory and Prohibited Uses),
Section 21 -37.05 (Special Activity Permit Criteria) as set forth in Exhibit "A" which are
attached hereto and incorporated herein.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to
be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance ", may be changed to "section ", "article ", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplished such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
2
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#2011 -0 -17
PART F. ADOPTION.
After Motion to approve by Councilman Ignasiak and Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on December 5, 2011 was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilman Michael Ignasiak X
Councilwoman Gigi Bennington X
Councilman Justin Kennedy X
Councilman Ted Cooper VACANT
After Motion to approve by and Second by , the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Michael Ignasiak
Councilwoman Gigi Bennington
Councilman Justin Kennedy
Councilman Ted Cooper
3
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#2011 -0 -17
PASSED AND DULY ADOPTED this 9th day of January, 2012.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie Wenzel Mike Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 9th day of
legality by: Aaron R. Wolfe, Esquire January, 2012 under Agenda Item No. 8 .
City Attorney
Doran, Sims, Wolfe & Kundid
4
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#2011 -0 -17
Exhibit "A"
21 -37.05 — Special Activity Permit Criteria
a. The proposed activity will not result in unsafe ingress /egress for either pedestrians or
vehicles.
b. The proposed activity shall comply with the appropriate Florida Fire Prevention Codes
conditions.
c. The proposed activity shall comply with the City's Land Development Code and noise
ordinance conditions.
d. The proposed activity will direct on -site lighting away from adjacent parcels and roadways.
e. The proposed activity shall have adequate sanitary facilities.
f. The applicant shall post a bond or provide insurance in the amount of $500,000 if no on -site
alcohol consumption is proposed and $1,000,000 if on -site alcohol consumption is permitted
and /or pyrotechnics are proposed to indemnify and hold the City harmless of any and all
liabilities.
g. The City Council may waive the requirements as contained in Section 21 -35.01 for alcohol
sales and /or consumption associated with a special activity.
h. The City Council may add other conditions to protect the health, safety and welfare of the
residents.
5
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#2011 -0 -17
Exhibit "A"
21 -37.05 — Special Activity Permit Criteria
a. The proposed activity will not result in unsafe ingress /egress for either pedestrians or
vehicles.
b. The proposed activity shall comply with the appropriate Florida Fire Prevention Codes
conditions.
c. The proposed activity shall comply with the City's Land Development Code and noise
ordinance conditions.
d. The proposed activity will direct on -site lighting away from adjacent parcels and roadways.
e. The proposed activity shall have adequate sanitary facilities.
f. The applicant shall post a bond or provide insurance in the amount of $500,000 if no on -site
alcohol consumption is proposed and $1,000,000 if on -site alcohol consumption is permitted
and /or pyrotechnics are proposed to indemnify and hold the City harmless of any and all
liabilities.
g. The City Council may waive the requirements as contained in Section 21 -35.01 for alcohol
sales and /or consumption associated with a special activity.
h,The City Council may add other conditions to protect the health, safety and welfare of the
residents.
5
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#2011 -0 -17
8b
AGENDA REQUEST
Date: December 29, 2011
PUBLIC
HEARING January 9, 2012 RESOLUTION ORDINANCE X
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION:
2nd Reading — Ordinance No. 2011 -0 -18 Amendment to Chapter 12.5 (Parks and Recreation) Article I
(In General) of the City of Edgewater Code of Ordinances.
APPLICANT /AGENT: City of Edgewater
REQUESTED ACTION: Approval of the proposed text amendment to Chapter 12.5 (Parks and Recreation).
Background: The proposed amendment will provide City Council the opportunity to waive the restriction related
to alcoholic beverage sales and consumption in City parks when associated with approved special activity events.
City Council approved first reading of this ordinance on December 5, 2011 by a vote of 4 -0.
STAFF RECOMMENDATION:
Staff recommends approving Ordinance 2011 -0 -18; amendment to Chapter 12.5 (Parks and Recreation) Article I
(In General) of the City of Edgewater Code of Ordinances.
ACTION REQUESTED:
Motion to approve Ordinance 2011 -0 -18.
FINANCIAL IMPACT:(Finance Director) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X
PREVIOUS AGENDA ITEM: YES X NO
If so, DATE: 12/5/11 AGENDA ITEM # 8c
Respe' fully submitt ?, Concurrence:
C - _ i
Darren Lear Robin L. Matusick
Development Services Director Paralegal
-tom Z--
".
r acey . Barlow
City anager
ORDINANCE NO. 2011 -0 -18
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING CHAPTER 12.5 (PARKS AND
RECREATION), ARTICLE I (IN GENERAL OF THE CITY
OF EDGEWATER CODE OF ORDINANCES; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, during the October 5, 2011 City Council meeting Council considered a
proposed amendment to Section 12.5 -1 (Activities prohibited in parks; enforcement) relating to
Special Activities.
1. City Council approved the modification relating to alcohol consumption and /or
sales contemporaneously with Special Activity events.
2. Upon review of this Article, scrivener's errors were found and are hereby
corrected.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. AMEND CHAPTER 12.5 (PARKS AND RECREATION),
ARTICLE I (IN GENERAL) OF THE CODE OF
ORDINANCES IN ITS ENTIRETY FOR THE CITY OF
EDGEWATER, FLORIDA.
Chapter 12.5 (Parks and Recreation), Article I (In General) is hereby amended to
read as follows:
ARTICLE I. IN GENERAL
Sec. 12.5 -1. Activities prohibited in parks; enforcement.
(a) It shall be unlawful or any person in a city park in the incorporated areas of the
city to:
1
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#2011 -0 -18
(1) Bring any animal, including cats, dogs, horses, any fowl or birds and any living
creatures within the jurisdiction of a city park or recreation area unless such park
or beach is designated and posted by the city as an animal permitted park. An
approved park, beach and/or lake shall be so designated and posted with the
appropriate signage by the city as an animal permitted park with the permitted
animal and/or animals listed.
(2) Bring alcoholic beverages, or controlled dangerous substances, drink or use the
same at any time nor shall any person be under the influence of intoxicating liquor
or a controlled dangerous substance in a city park or recreation area. Alcoholic
beverage sales and/or consumption associated with special event activities, as
permitted pursuant to Chapter 21 (Land Development Code) is subject to approval
from City Council.
(3) Bring any glass container into a city park or recreation area.
(4) Expose or offer for sale any article in any city park or recreation area without a
license as a concessionaire or to display any advertising sings signs or other
advertising matter without a permit.
(5) Camp or stay overnight in a city park or recreation area.
(6) Build, kindle, maintain or use an open fire nor throw away or discard any lighted
match, cigar, cigarette, tobacco, paper or other material until it is extinguished.
(7) Perform the cleaning or scaling of fish or other aquatic creatures in a city park or
recreation area.
(b) The city police department and animal services personnel shall, in connection
with their duties imposed by law, diligently enforce the provisions of this section and shall have
the authority to order any person or persons acting in violation of this section to leave the park or
recreation area.
Sec. 12.5 - 2. Hours for parks and facilities.
(a) Areas remaining open 24 hours. Fishing sites and related support facilities
(ramps, natural or manmade, fishing docks, parking areas). These areas adjoin the Indian River
and remain open 24 hours only for the benefit of those persons actively, or pursuing fishing
related activities (cast netting, crabbing, shrimping, etc.) or launching boats.
(b) Areas to be closed 11:00 p.m. to sunrise. Certain parks or portions of parks
designed and built for after dark activities may remain open to persons actively using such
lighted facilities as tennis courts, racquetball courts, basketball courts, shuffleboard courts, fall
fields, playgrounds, lighted picnic shelters, etc. until 11:00 p.m. and the directly related support
facilities (parking and restrooms), and hours shall be posted.
2
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#2011 -0 -12
(c) Areas to be closed sundown to sunrise. Certain parks, beaches and city lakes or
portions of parks designed for day use only and no direct lighting is provided, shall be closed to
the public as at sundown (nature trails, playgrounds, ball fields, shelters, picnic areas, etc.) and
also related support facilities.
(d) Special events. The city council may change these hours in order to accommodate
special events such as July 4 fireworks or any other event the council deems appropriate.
Secs. 12.5 -3 — 12.5 -10. Reserved.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to
be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance ", may be changed to "section ", "article ", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
3
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#2011 -0 -18
PART F. ADOPTION.
After Motion to approve by Councilman Ignasiak and Second by Councilman Kenney,
the vote on the first reading of this ordinance held on December 5, 2011 was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Michael Ignasiak X
Councilwoman Gigi Bennington X
Councilman Justin Kennedy X
Councilman Ted Cooper VACANT
After Motion to approve by and Second by , the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Michael Ignasiak
Councilwoman Gigi Bennington
Councilman Justin Kennedy
Councilman Ted Cooper
4
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#2011 -0 -12
PASSED AND DULY ADOPTED this 9th day of January, 2012.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie Wenzel Mike Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 9th day of
legality by: Aaron R. Wolfe, Esquire January, 2012 under Agenda Item No. 8 .
City Attorney
Doran, Sims, Wolfe & Kundid
5
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#2011 -0 -18
AGENDA REQUEST
Date: December 21, 2011
PUBLIC
HEARING RESOLUTION January 9, 2012 ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION:
Resolution No. 2012 -R -01 Electing to Use the Uniform Method of Collecting non -ad valorem special
assessments.
BACKGROUND:
Section 197.3632, Florida Statutes, provides a uniform method for the levy, collection, and enforcement of non -
ad valorem assessments. To use the uniform method of levying and collecting non -ad valorem assessments the
Statutes require adoption of a resolution prior to January 1, 2011 and publication in a newspaper for four
consecutive weeks of a notice of intention to use the uniform method for collecting such assessments. The City
has requested an extension per Statute of March 10, 2012 to complete everything. The notice was published in
the Daytona News Journal the weeks of December 18 and 25, 2011 and January 11 and 8, 2012. The City is
contemplating the imposition of special assessments for the provision of refuse, recycling and storm water
utility charges. Adoption of Resolution No 2012 -R -01 will allow the tax collector to bill and collect refuse,
recycling and storm water utility charges assessments in conjunction with the ad valorem taxes. As required by
State law, copies of the adopted Resolution will be mailed to the Volusia County Property Appraiser, County of
Volusia Finance Department and State of Florida Department of Revenue no later than March 10, 2012.
STAFF RECOMMENDATION:
Staff recommends City Council approve Resolution No. 2012 -R -01 providing a uniform method for the levy,
collection, and enforcement of non -ad valorem assessments for refuse, recycling and storm water utility
charges.
ACTION REQUESTED:
Motion to approve Resolution No. 2012 -R -01 providing a uniform method for the levy, collection, and
enforcement of non -ad valorem assessments for refuse, recycling and storm water utility charges.
FINANCIAL IMPACT: (Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO
PREVIOUS AGENDA ITEM: YES NO X
If so, DATE: N/A AGENDA ITEM #
Respectfull submitted, Concurrence:
A* i / V
Jo Phan McKinney Robin L. Matusick
Finance Director Paralegal
Trace . Bar ow
Cit anager
RESOLUTION NO. 2012-R-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA; ELECTING TO USE THE
UNIFORM METHOD OF COLLECTING NON -AD
VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN
THE INCORPORATED AREA OF THE CITY; STATING A
NEED FOR SUCH LEVY; PROVIDING FOR MAILING;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater has made the following determinations:
1. The City is contemplating the imposition of special assessments for the provision of
refuse, recycling and stormwater services.
2. The City intends to use the uniform method for collecting non -ad valorem special
assessments for the cost of refuse, recycling and stormwater services to property within the
incorporated area of the City as authorized by Section 197.3632, Florida Statutes, as amended.
This method allows said special assessments to be collected annually commencing in November
2012, in the same manner as provided for ad valorem taxes.
3. The City held a duly advertised public hearing prior to the adoption of this Resolution,
proof of publication of such hearing is attached to and incorporated herein as Exhibit "A ".
NOW, THEREFORE, be it resolved by the City Council of Edgewater, Florida:
Section 1. Commencing with the Fiscal Year beginning on October 1, 2012, and with the
tax statement mailed for such Fiscal Year and continuing thereafter until discontinued by the
City of Edgewater intends to use the uniform method of collecting non -ad valorem assessments
authorized pursuant to Section 197.3632, Florida Statutes, as amended for collecting non -ad
valorem assessments for the cost of providing refuse, recycling and stormwater services. Such
non - advalorem assessments shall be levied within the incorporated area of the City. A legal
description of such area subject to the assessment is attached hereto and incorporated herein as
Exhibit "B ".
Section 2. The City hereby determines that the levy of the assessments is needed to fund
the cost of refuse, recycling and stormwater services within the incorporated area of the City.
2012 -R -01 1
Section 3. Upon adoption, the City Clerk is hereby directed to send a certified copy of
this Resolution by United States mail to the Florida Department of Revenue, the Volusia county
Tax Collector and the Volusia County Property Appraiser by January 10, 2012.
Section 4. All resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed.
Section 5. This resolution shall take effect upon adoption.
After a motion by with Second by , the vote on this
resolution held on January 9, 2012 was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Justin A. Kennedy
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Ted Cooper VACANT
PASSED AND DULY ADOPTED this 9th day of January, 2012.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Lisa Bloomer Gigi Bennington
Deputy City Clerk Vice -Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater
Florida. Approved as to form and legality by: at a meeting held on this 9 day of January, 2012 under
Aaron R. Wolfe, Esquire Agenda Item No 8 .
City Attorney
Doran, Sims,Wolfe & Kundid
2011 -R -21 2
4 `
City of
END G E W A TER
INTER - OFFICE MEMORANDUM
FINANCE DEPARTMENT
EDGEWATER, FLORIDA
TO: Tracey T. Barlow, City Manager
FROM: John McKinney, Finance Director
Brenda Dewees, Environmental Services Director
DATE: December 16, 2011
SUBJECT: Changes to Utility Billing
December 18, 2011 1 Notice of Intent (NOI) to Use Uniform Method of Collecting Non -Ad
Valorem Assessments — Published in Daytona News Journal
December 20, 2011 Letter of Intent sent to Property Appraiser requesting extension of NOI.
December 25, 2011 2 Notice of Intent to Use Uniform Method of Collecting Non -Ad
Valorem Assessments — Published in Daytona News Journal
January 1, 2012 3 Notice of Intent to Use Uniform Method of Collecting Non -Ad
Valorem Assessments — Published in Daytona News Journal
January 8, 2012 4 Notice of Intent to Use Uniform Method of Collecting Non -Ad Valorem
Assessments — Published in Daytona News Journal
January 9, 2012 City Council to consider Resolution placing Refuse, Recycling and
Stormwater on the Annual Tax Bill.
May 21, 2012 City Council to hear 1 Public Hearing on Chapter 19 Ordinance
changes.
June 18, 2012 City Council to hear 2 Public Hearing on Chapter 19 Ordinance
changes.
July 1, 2012 Publish and distribute information regarding Utility Billing changes.
September 24, 2012 City Council to consider Fee Resolution for FY 2012 — 2013.
October 1, 2012 Direct Billing initiated for Tenants
City of
1 W GEWAT ER1
December 20, 2012
Morgan B. Gilreath Jr.,
Volusia County Property Appraiser
123 W. Indiana Ave.
Room 102
Deland
RE: 2003 F.I.N.D. Note Payable
Dear Mr. Roach,
The City of Edgewater, like millions of Americans, is a victim of the current economic situation our country
is going through. The City being a bedroom community has seen record numbers of homes foreclosed
and or vacated.
Due to the recession that started in our country in December 2007, the City has seen steep declines in
taxable values and consumption which directly relates to our ad valorem and billed consumption for both
water and sewer charges for service. Consequently, our program revenues have been drastically
reduced over the last three years, while our operating expenses have continued to increase. The current
economic situation dictates that our population can not absorb tax or rate increases which are required by
our debt covenants. We do not foresee any changes in the economic condition of our City for at least the
next three years.
At this time, the City is asking if there is any way that the terms of this loan could be renegotiated
extending the repayment out an additional two years.
Sincerely,
Jonathan C. McKinney
Finance Director
jmckinney(c�citvofedgewater.orq
Cc: Tracey T. Barlow, City Manager
Department of Finance
P.O. Box 100 • Edgewater, FL 32132 -0100
(386) 424 -2400 Ext. 1300 • Fax (386) 424 -2409
www.cityofedgewater.org
NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING
NON -AD VALOREM ASSESSMENTS
Edgewater, Florida (the "City ") hereby provides notice, pursuant to section
197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting non -ad valorem
special assessments to be levied within the incorporated area of the City, for the provision of capital
infrastructure, essential municipal services, and related services, facilities, and programs, including, but
not limited to (i) storm water and (ii) refuse and (iii) recycling; and commencing for the Fiscal Year
beginning on October 1, 2012 and continuing until discontinued by the City. The City will consider the
adoption of a resolution electing to use the uniform method of collecting such assessments authorized by
section 197.3632, Florida Statutes, at a public hearing to be held at 6:00 p.m., or as soon thereafter as
the matters may be heard, on January 9, 2012 at the Council Chambers, 104 N. Riverside Dr.,
Edgewater, Florida. Such resolution will state the need for the levy and will contain a legal description of
the boundaries of the real property subject to the levy. Copies of the proposed form of resolution, which
contains the legal description of the real property subject to the levy, are on file at the City Hall, 104 N.
Riverside Dr., Edgewater, Florida. All interested persons are invited to attend.
In the event any person decides to appeal any decision by the City with respect to any matter
relating to the consideration of the resolution at the above - referenced public hearing, a record of the
proceeding may be needed and in such an event, such person may need to ensure that a verbatim record of
the public hearing is made, which record includes the testimony and evidence on which the appeal is to be
based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation
or an interpreter to participate in this proceeding should contact the City Clerk at (386) 424 -2400 ext
1101, two (2) days prior to the date of the hearing.
DATED this 15` day of December, 2011.
By Order of:
Bonnie Wenzel, CMC
City Clerk
EDGEWATER, FLORIDA
Type Ad: Display
Publish Date: December 18, 2011
December 25, 2011
January 1, 2012
January 8, 2012
Proof & Bill To: City Clerk
P.O. Box 100
Edgewater, Florida 32132 -0100
AGENDA REQUEST
Memo #2011 -145
Date: December 22, 2011
PUBLIC
HEARING RESOLUTION Jan 9, 2012 ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION:
Resolution #2012 -R -02 Determining an amendment to the Purchase & Sale Agreement Between
American Architectural Graphics and the City is required & sale is in the
public interest & authorize execution of Addendum #6 to Contract.
BACKGROUND:
On February 3, 2003, the City entered into a Purchase & Sale Agreement between American
Architectural Graphics for purchase of a parcel of property located within the ParkTowne Industrial
Center. The agreement included provisions for purchase credits to be applied for work performed on
behalf of the City which resulted in several amendments.
Purchase price $50,000 /acre for 1.7 acres $85,000.00
Deposit on property - 7,500.00
$77,500.00
Deduct - Work supplied to City:
95 & US #1 Entry Features - 44,460.00
ParkTowne Signs - 26,700.00
Hand railing on front of City Hall - 3,650.00
Replace lamps, neon housing, etc - - 740.00
$ 1,950.00
Resolution #2012 -R -02 confirms that City Council has made the determination that the sale of the
ParkTowne Property to Samuel Sydeski to be in the public interest and authorizes execution of the
Addendum to the Contract which changes the name of the purchaser from American Architectural
Graphics to Samuel Sydeski.
STAFF RECOMMENDATION:
Staff recommends that City Council approve Resolution #2012 -R -02 and Addendum #6 and authorize
the Mayor to execute the appropriate closing documents related to the sale.
ACTION REQUESTED:
Motion to approve Resolution #2012 -R -02 and Addendum #6 and authorize the Mayor to execute the
appropriate closing documents related to the sale.
FINANCIAL IMPACT: (Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO
PREVIOUS AGENDA ITEM: YES NO
If so, DATE: N/A AGENDA ITEM #
Respectfully submitted, Concurrence:
racey '. Barlow Robin L. Matusick
City anager Paralegal
RESOLUTION NO. 2012 -R -02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, DETERMINING AN
AMENDMENT TO THE PURCHASE AND SALE
AGREEMENT BETWEEN THE CITY AND AMERICAN
ARCHITECTURAL GRAPHICS, INC. FOR PARCEL
NUMBER 7452220A0030 OF THE PARKTOWNE
INDUSTRIAL CENTER IS IN THE PUBLIC INTEREST,
AUTHORIZING THE MAYOR TO EXECUTE ALL
DOCUMENTS NECESSARY TO EFFECT THE SALE AND
PROVIDING AN EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City of Edgewater Florida, broke ground at the ParkTowne Industrial
Center in October of 2005;
WHEREAS, ParkTowne Industrial Center is the largest industrial park in Volusia
County with over 342 acres designed to provide industrial parcels to support manufacturing and
distribution jobs;
WHEREAS, the City previously entered into a Contract for Sale and Purchase with
American Architectural Graphics, Inc. for parcel number 7452220A0030 of ParkTowne which
agreement was subsequently amended and included provisions for purchase credits to be applied
to American Architectural Graphics, Inc. for work performed at ParkTowne on behalf of the
City;
WHEREAS, the credits having now accrued, the sale and purchase transaction will be
finalized with Samuel Sydeski taking title individually in lieu of American Architectural
Graphics, Inc. by way of an Addendum to Contract; and
WHEREAS, the City finds the sale of the ParkTowne property to Samuel Sydeski to be
in the public interest.
NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater,
Florida:
2012 -R -02 1
Section 1. The Mayor is hereby authorized to execute the Addendum to Contract and
all other documents necessary to effect the sale of parcel number 7452220A0030 of the
Parktownelndustrial Center to Samuel Sydeski.
Section 2. This resolution shall take effect upon adoption.
After Motion to approve by with Second by , the
vote on this resolution held on January 9, 2012, was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Justin A. Kennedy
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
(District 4 seat vacant)
PASSED AND DULY ADOPTED this 9th day of January, 2012.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie Wenzel Mike Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater
Florida. Approved as to form and legality by: at a meeting held on this 9 day of January, 2012 under
Aaron R. Wolfe, Esquire Agenda Item No. 8 .
City Attorney
Doran, Sims,Wolfe & Kundid
2012 -R -02 2
ADDENDUM TO CONTRACT
Addendum No. Fi to the Contract dated rpchriya ry rr] , 9 0 0 between
City of Edgew a Florida municipal corporation (Seller) and
American Architectural Graphics, Inc., A"Florida corporation (Bayer)
concerning the property described as:
( the "Contract" ), Buyer and Seller make the following terms and conditions part of the Contract:
It is mutually agreed to amend said Purchase and Sale Agreement as
follows:
The buyer is amended to be Samuel Sydeski, individually
All other terms and conditions of the Purchase and Sale Agreement
remain unchanged.
Dated this day of December, 2011
City of Edgewater Florida, ATTEST
a Florida municipal corporation
By:
Michael L. Thomas, Mayor Bonnie Wenzel, City Clerk
American Architectural Graphics, Inc.
By:
Samuel Sydeski, Treasurer
Samuel Sydeski
BUYER Date SELLER Date
•
BUYER Date SELLER Date
DSI Form 2/02
Laser Generated by 0 Display Systems, Inc., 2010 (863) 763 -5555 (12/09/2011 10:27:35)
}
C
AGENDA REQUEST
GEP- 2012 -03
Date: December 15, 2011
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT January 9, 2012 CONSENT BUSINESS
ITEM DESCRIPTION:
Reappointment of one (1) member to the General Employees' Pension Board
BACKGROUND:
At the December 12, 2011 General Employees' Pension Board meeting, the Board discussed the
term expiration of City Council appointee Gigi Bennington on February 5, 2012. Ms.Bennington
has expressed interest in serving another term.
STAFF RECOMMENDATION:
Staff recommends the City Council approve the reappointment of Gigi Bennington, City Council
representative, to a three (3) year term, expiring February 5, 2015.
ACTION REQUESTED:
Motion to reappoint Gigi Bennington representing the City Council to the General Employees'
Pension Board serving a three (3) year term, expiring on February 5, 2015.
FINANCIAL IMPACT:
(Finance Director) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X
PREVIOUS AGENDA ITEM: YES NO X
If so, DATE: AGENDA ITEM #
Respectfully submitt Concurrence:
)t
Donna M. Looney Robin L. Matusick
Personnel Director Parale .,a1
L
racey Barlow
City anager
( /U
AGENDA REQUEST
GEP- 2012 -02
Date: December 15, 2011
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT January 9, 2012 CONSENT BUSINESS
ITEM DESCRIPTION:
Reappointment of one (1) member to the General Employees' Pension Board
BACKGROUND:
At the December 12, 2011 General Employees' Pension Board meeting, the Board discussed the
term expiration of City Manager non - supervisor appointee Timothy Sopko on February 5, 2012.
Mr. Sopko has expressed interest in serving another term.
STAFF RECOMMENDATION:
Staff recommends the City Council approve the reappointment of Timothy Sopko, City Manager
non - supervisor representative, to a three (3) year term, expiring February 5, 2015.
ACTION REQUESTED:
Motion to reappoint Timothy Sopko representing the City Manager non - supervisor to the
General Employees' Pension Board serving a three (3) year term, expiring on February 5, 2015.
FINANCIAL IMPACT:
(Finance Director) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X
PREVIOUS AGENDA ITEM: YES NO X
If so, DATE: AGENDA ITEM #
Respectfully submi ted, Concurrence:
tt
Donna M. Loone Robin L. Matusick
Personnel Director Paralegal
• , /i
racey . I arlow
City anager
9c
AGENDA REQUEST
GEP- 2012 -01
Date: December 15, 2011
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT January 9, 2012 CONSENT BUSINESS
ITEM DESCRIPTION:
Reappointment of one (1) member to the General Employees' Pension Board
BACKGROUND:
At the December 12, 2011 General Employees' Pension Board meeting, the Board discussed the
term expiration of SPEA appointee Robert Laramore on February 5, 2012. Mr. Laramore has
expressed interest in serving another term.
STAFF RECOMMENDATION:
Staff recommends the City Council approve the reappointment of Robert Laramore, SPEA
representative, to a three (3) year term, expiring February 5, 2015.
ACTION REQUESTED:
Motion to reappoint Robert Laramore representing the SPEA to the General Employees' Pension
Board serving a three (3) year term, expiring on February 5, 2015.
FINANCIAL IMPACT:
(Finance Director) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X
PREVIOUS AGENDA ITEM: YES NO X
If so, DATE: AGENDA ITEM #
Respectfully submitted, Concurrence:
L !) .- 1A,1PA: '22)
Donna M. Looney Robin L. Matusick
Personnel Director Paralegal
race 7Barlow
City anager
d
AGENDA REQUEST
Date: November 29, 2011
PUBLIC
HEARING RESOLUTIONS ORDINANCE
BOARD OTHER
APPOINTMENT 1/9/12 CONSENT BUSINESS
ITEM DESCRIPTION:
Linda Johnson of the Citizen Code Enforcement Board for re- appointment on the Citizen Code
Enforcement Board. Linda Johnson term expires January 8, 2012.
BACKGROUND:
Linda Johnson has requested reappointment to the Citizen Code Enforcement Board.
Linda Johnson currently holds the Chairperson position on the Citizen Code Enforcement Board.
Membership of the Citizen Code Enforcement Board consists of seven (7) members appointed
by Council.
STAFF RECOMMENDATION:
Approval of Linda Johnson re- appointment by the Citizen Code Enforcement Board.
ACTION REQUESTED:
Motion to reaffirm appointment of Linda Johnson to the Citizen Code Enforcement Board.
FINANCIAL IMPACT: (FINANCE DIRECTOR) NA
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: N/A AGENDA ITEM NO.:
submi ,
(re ; 1074 2
hontella Jacks,: oard Coordinator Robin Matusick
Citizen Code En orcement Board Paralegal
, Sr
Tracey B : rlow
City nager
Agenda. request. form. rev.2/ 16/2000
V
LINDA DILL JOHNSON CP'k, RW -NAC
November 28, 2011
Michael L. Thomas, Mayor
City Council Members
c/o Tracey Barlow, City Manager
104 North Riverside Drive
Edgewater, FL 32132
RE: Citizen Code Enforcement Board
Request for Renewal of Term
Dear Mr. Mayor and Members of the City Council:
City records indicate that my term of service on the Citizen Code Enforcement Board is sub -
ject to renewal at the beginning of January, 2012. Please consider this letter as my request
{
for reappointment.
The economic times we live in continue to stress the patience of every municipality. Please
know that when your staff presents the code board with an agenda of cases, some number -
ing near 50 and all to be addressed in one afternoon session, both the staff and the mem-
bers of the board meet that challenge with a level of professionalism that often surprises resi-
dents appearing before the board. As their Chairman, I am honored to serve on this 7-
member board and respectfully request Council to consider allowing me the opportunity to
continue service on the Citizen Code Enforcement Board for the City of Edgewater.
Sincerely,
Linda D. J "`• n
11928th S' —t
Edgewater, FL 32141
Copy to: Shontella Jackson, Board Coordinator
C / t
AGENDA REQUEST
Date: November 29, 2011
PUBLIC
HEARING RESOLUTIONS ORDINANCE
BOARD OTHER
APPOINTMENT 1/9/12 CONSENT BUSINESS
ITEM DESCRIPTION:
Alice Haldeman of the Citizen Code Enforcement Board for re- appointment on the Citizen Code
Enforcement Board. Alice Haldeman term expires January 8, 2012.
BACKGROUND:
Alice Haldeman has requested reappointment to the Citizen Code Enforcement Board.
Alice Haldeman currently holds a position on the Citizen Code Enforcement Board.
Membership of the Citizen Code Enforcement Board consists of seven (7) members appointed
by Council.
STAFF RECOMMENDATION:
Approval of Alice Haldeman re- appointment by the Citizen Code Enforcement Board.
ACTION REQUESTED:
Motion to reaffirm appointment of Alice Haldeman to the Citizen Code Enforcement Board.
FINANCIAL IMPACT: (FINANCE DIRECTOR) NA
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: N/A AGENDA ITEM NO.:
' . t • r. C = y +,
, Tom''
- "Shontella Jacks j 'Board C 4 ordinator Robin Matusick
Citizen Code Enforcement Board Paralegal
Trac- / arlow
Cit, Manager
Agenda. request. form. rev.2/ 16/2000
1
Alice Haldeman _
930 Lake Ave
Edgewater, FL 32132 •
October 13, 2011
The Honorable Mayor Michael L Thomas
- District 1 Councilman Justin A. Kennedy
District 2 Councilwoman Gigi Bennington
District 3 Councilman Michael Ignasiak
District 4 Councilman Ted Cooper
Dear Mayor Thomas and Councilmen and Councilwoman,
I am requesting reappointment to the City of Edgewater Code Enforcement Board. My current appointment expires
on January 8, 2012.
Having served since January, 2007, I feel the body of knowledge I am developing regarding code enforcement would
be an asset to the City and its citizens.
Thank you for your consideration of my reappointment.
Respectfully,
Alice Haldeman
AGENDA REQUEST
C.A. #2012- Property Purchase
Date: December 21, 2011
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS January 9, 2012
ITEM DESCRIPTION:
Police Department Property Purchase — 104 N. Park Place.
BACKGROUND:
The property located at 104 N. Park Place is located adjacent to the parking area at the Police
Department and is now available for purchase. The Police Department wishes to purchase the
property with funds available in the Police Impact Fee Fund.
If purchased, the structure would be demolished and the property utilized for additional parking
& potential future expansion.
The list price of the residence is - $34,900.00
Estimate of appraisal w /Pomeroy - 400.00 — 500.00
(should have at the end of next week)
Estimate of demolition with Samsula 3,400.00
Estimate for asbestos permit w/DEP 700.00
Removal of asbestos (estimate) 2,600.00
Approximate cost for purchase - $42,100.00
STAFF RECOMMENDATION:
Staff recommends that City Council authorize the Mayor to execute an agreement for purchase
and the appropriate closing documents for the property located at 104 N. Park Place. Staff also
recommends that Council authorize the appropriate budget amendment that includes the
purchase price of the property not to exceed $34,900.00 with related costs of demolition, etc.
bringing the total amount not to exceed of $50,000.
ACTION REQUESTED:
Motion to authorize the Mayor to execute an agreement for purchase and the appropriate closing
documents for the property located at 104 N. Park Place. Staff also recommends that Council
authorize the appropriate budget amendment that includes the purchase price of the property not
to exceed $34,900.00 with related costs of demolition, etc. bringing the total amount not to
exceed of $50,000.
AGENDA REQUEST
C.A. #2012- Property Purchase
Date: December 21, 2011
FINANCIAL IMPACT:
The budget is available in the P ice Impact Fee Fund.
(Finance Director)
(SPECIFY IF BUDG ' T AMENDMENT IS REQU ) YES XX NO
PREVIOUS AGENDA ITEM: YES NO
If so, DATE: AGENDA ITEM #
Respectfully submitted, Concurrence:
4 ' 41 ' 11041111ft 4111 —
ave Arcieri Robin L. Matusick
Chief of Police Paralegal
Tracey . Barlow
City ■i anager
/0h
AGENDA REQUEST
Date: December 21, 2011
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS January 9, 2012
ITEM DESCRIPTION: Proposal from CPH for Professional Services related to the Consumptive Use Permit
Compliance Monitoring in the amount of $57,260 over a five year period.
BACKGROUND:
The City's Consumptive Use Permit (CUP) from the St. Johns River Water Management District (SJRWMD)
mandates that the City monitor wetlands in areas around the production wells. In 2008, eight specific sites were outfitted
with shallow wells and data loggers to collect water levels. The CUP requires water level data collection and photographic
monitoring for reporting to SJRWMD. CPH installed these wells and has been performing the monitoring requirements
since then and staff is satisfied with their work.
It is recommended that the data logger equipment be checked for operational quality every four to five years. As
these were installed in 2008, the proposal also includes sending the loggers to the manufacturer for reconditioning.
Although the CUP does not expire until 2027, a compliance report is due to SJRWMD by December 11, 2017.
This round of monitoring will allow the City to remain in compliance with the CUP monitoring requirements until the
compliance report is submitted. CPH has also included in the proposal assistance with the compliance report.
STAFF RECOMMENDATION: Approval of the work order for CPH to perform the required Environmental
Monitoring for the City's Consumptive Use Permit.
ACTION REQUESTED: A motion to approve Work Order 2007 -04 with CPH to provide Environmental
Monitoring of the wetlands identified in the City of Edgewater's Consumptive Use Permit and authorize the City
Manager to execute the document.
FINANCIAL IMPACT: FY 2012 $ 5,750 440 - 4030 - 533.34 -10
FY 2013 $10,970
FY 2014 $ 9,590
FY 2015 $ 9,250
FY 2016 $ 9,250
FY 2017 $12,450
TOTAL $57,260
(SPECIFY IF B DGET AMENDMENT IS REQUIRED) YES NO X
C
John cKinney, Finance Director
PREVIOUS AGENDA ITEM: YES NO X
Respectfully submitted
Concurrence:
: renda L. Dewees Robin L. Matusick
Director of Environmental Services Paralegal
Tracey '. Barlow
City anager
P.O.
WORK ORDER NO. 2007 -04
AGREEMENT FOR PROFESSIONAL SERVICES
CPH ENGINEERS, INC.
PROJECT: Engineering Services for the City of Edgewater
Consumptive Use Permit #9157
Post - Compliance Monitoring (2012 through 2017)
CITY: Edgewater, Florida
CONTRACTED
PROFESSIONAL: CPH Engineers, Inc.
Execution of Work Order Number 2007 -04 by the City, shall serve as authorization for
Engineer to provide professional services for the above project.
RESPONSIBILITY OF THE ENGINEER:
Engineer shall provide said professional services pursuant to this Work Order, to perform
professional services relating to Post - Compliance Monitoring (2012 through 2017) in the City of
Edgewater's Consumptive Use Permit and additional services as detailed in the Scope of
Services and Fee Proposal (attached hereto and incorporated herein as Exhibit "A ").
TIME FOR COMPLETION:
The professional services authorized by this Work Order shall not exceed an overall
period of five (5) years.
COMPENSATION:
The total fee for this Project will not exceed an amount of FIFTY -SEVEN THOUSAND
TWO HUNDRED SIXTY and no /100 dollars ($57,260.00). Each invoice shall also be
(Agreement /Engineer -CPH -W orkOrder#2007 -04)
1
accompanied by a written concurrence from the Director of Environmental Services.
CITY OF EDGEWATER, FLORIDA
Dated: By:
Tracey T. Barlow
City Manager
WITNESSES: CPH ENGINEERS, INC.
By:
Amy E. Daly, LEED AP
Vice President /Associate
Dated:
(Agreement /Engineer - CPH - W orkOrder#2007 -04)
2
@ o
December 14, 2011
Ref: Z6582.AEW 500 W. Fulton Street
Sanford, Florida 32771
Phone: 407.322.6841
Ms. Brenda Dewees, Director of Environmental Services Fax: 407.330.0639
City of Edgewater www.cphengineers.com
Department of Environmental Services
104 N. Riverside Drive
Edgewater, Florida 32132 -0100 Bdewees @citvofedgewater.orq
Re: City of Edgewater Consumptive Use Permit # 9157
Post - Compliance Monitoring (2012 through 2017)
Proposal for Professional Services
Dear Ms. Dewees:
CPH Engineers, Inc. (CPH), hereafter referred to as "CPH" is pleased to submit this proposal for environmental
monitoring to comply with the Consumptive Use Permit (CUP) # 9157 issued by St. Johns River Water Management
District (SJRWMD). Attendant to the SJRWMD permit, post - permit compliance requires the monitoring of eight (8)
wetlands.
CPH proposes to furnish the City of Edgewater, hereinafter as the "Client" or "City", the professional services
described below for the fees stipulated herein.
SCOPE OF SERVICES
CPH shall provide, or obtain from others, all labor, material and equipment to perform the following services:
1.0 BASIC SERVICES
1.1 Photographic Monitoring
CPH will conduct photographic monitoring activities associated with Condition No. 30 of CUP# 9157.
Condition No. 30 requires photographic documentation of the 8 monitoring wetlands in September of each
year. Biological monitoring activities include, but are not limited to:
In September panoramic photographs will be taken at the permanent photographic stations established at
the 8 monitoring wetlands for a total of six (6) events from September 2012 through September 2017.
Prepare photographic documentation in report form for submittal to SJRWMD and the City.
1.2 Water Level Data Collection & Data Logger Maintenance
CPH will conduct monitoring activities associated with Condition No. 29 of CUP# 9157. Condition No. 29
requires water level data collection daily with data loggers for the 8 monitoring wetlands.
Data will be collected from the 8 piezometers /water level recorders and equipment checked for operation. Data from
the water level recorders will be collected bi- monthly. Should equipment failure be detected, water level readings will
be collected weekly as an additional service. CPH is proposing thirty -four (34) bi- monthly data collection events from
May 2012 through November 2017.
City of Edgewater
December 14, 2011
Proposal
Page 2
The data logger equipment installed in the eight (8) monitoring wells needs to be checked for operational quality
every 4 -5 years. The data loggers were installed in December 2008 /January 2009. CPH will retrieve existing data
loggers, deploy temporary data loggers and send the data loggers to the manufacturer for re- conditioning. Once
CPH receives the re- conditioned data loggers they will be installed back in the monitoring well. This shall occur
during water level data collection events in July, September and November 2013. Three (3) data loggers will be re-
conditioned in July, three (3) more in September and two (2) in November.
1.3 Data Submittal
CPH will conduct reporting activities associated with Condition No. 29 of CUP# 9157. Condition No. 29
requires 6 -month water level data submittals.
CPH will format water level data collected bi- monthly from the 8 piezometers into graphic illustrations and in
spreadsheets. Data will be submitted twice to SJRWMD (every six months) in a SJRWMD approved computer
accessible format. Data to be provided at six month intervals includes water level data and rainfall data and
submitted as legible paper copy (2 copies) along with the SJRWMD EN -50 forms. CPH proposes to prepare and
submit eleven (11) data submittals to SJRWMD from July 2012 through July 2017.
1.4 Annual Reports
CPH will conduct reporting activities associated with Condition No. 30 of CUP #9157. Condition No. 30
requires the submittal of an annual report.
An annual report will be submitted yearly in March to the SJRWMD summarizing monitoring efforts. The report will
include panoramic photographs, graphics summarizing collected data (rainfall, pumping volume and water level data)
and narrative describing monitoring efforts and data trends. The monitoring report will include, but not be limited to
the following sections an Introduction, Methodology and Results. The annual report shall compare all of the wetland
monitoring data recorded over the last year with previous years. CPH proposes to prepare and submit 6 annual
reports to SJRWMD from March 2012 through March 2017.
1.5 December 2017 Compliance Report Assistance
CPH shall assist the City with preparation of panoramic photographs from the September 2017 monitoring event,
graphics summarizing collected data (rainfall, pumping volume and water level data) and narrative describing
monitoring efforts and data trends through November 2011 for inclusion into the Compliance report due to SJRWMD
on December 11, 2017.
2.0 COST AND COMPENSATION
2.1 Basic Services
Services under Basic Services, Task 1.0 Basic Services, above shall be provided as a Fixed Fee. The estimated fee
is $57,260. Expenses for printing, travel, telephone and all other related charges have been included in the above
Not -to- Exceed fee. This cost will not be exceeded unless verbal or written authorization is provided by the client.
Invoices for Basic Services will be submitted monthly.
Edgewater CUP # 9157
December 14, 2011
Proposal
Page 3
2.2 Additional Services
Additional Services shall be provided on an hourly plus expense reimbursement basis. Invoices for Additional
Services will be submitted monthly.
3.0 RESPONSIBILITIES OF OTHERS
> The Client shall guarantee access to and make provisions for CPH to enter public or private lands as
required by CPH to perform their work under this Agreement.
> It is understood that CPH, Inc. will perform services under the sole direction of the Client or his designated
representative. In the performance of these services, CPH will coordinate its efforts with those of other
project team members and consultants as required. The Client shall provide CPH with all project related
information available including the existing land plan, property legal description, title work, boundary and
topographic surveys, geotechnical investigation reports, etc. CPH will rely upon the accuracy and
completeness of all Client fumished information in connection with the performance of services under this
agreement.
➢ It is assumed that approval for accessing all sites will be the responsibility of the City.
➢ The City shall provide CPH with rainfall data collected from the water plant. The City shall provide CPH with
pumping volume data in an electronic format for all required submittals.
4.0 SERVICES NOT INCLUDED
Any other service or issue not specifically described in Section 1.0, Basic Services of this proposal will be
addressed as an additional service. Should additional work be required in areas not previously described, CPH will
prepare a proposal or amendment, at the client's request, that contains the Scope of Services, fee, and schedule
required to complete the additional work items.
5.0 TERMS & AGREEMENT
CPH will conduct work in accordance with the Continuing Services Agreement entered into between the City of
Edgewater and CPH on August 13, 2007, Addendum #1 dated 8/16/2010 and Addendum #2 dated 4/18/2011.
6.0 SCHEDULE
The proposed schedule of work is attached for each fiscal year.
Edgewater CUP # 9157
December 14, 2011
Proposal
Page 4
7.0 AUTHORIZATION
This proposal is void if not executed and returned to CPH within 60 days of the CPH's execution of the proposal.
CPH ENGINEER NC
B
Amy E. Dally
Title: Director of Environmental Services
Date: December 14, 2011
CLIENT AUTHORIZATION
CITY OF EDGEWATER agrees with the Scope of Services, Compensation and Terms and Conditions of
Agreement (attached hereto and acknowledged as being received). Together they constitute the entire Agreement
between CPH and CITY OF EDGEWATER.
Estimated Fee for services proposed herein: $57,260.
By:
Title:
Date:
City of Edgewater CUP #9157
CPH Monitoring Schedule
Fiscal Year: 10/1/2011 through 9/30/2012
CUP Compliance Activity Due Date Fee
Photographic Monitoring & Report September2012 $1,000
Water Level Data Collection May 2012 $600
July 2012 $600
September 2012 $600
6 -Month Data Submittal July 31, 2012 $950
Annual Report March 31, 2012 $2,000
TOTAL: $5,750
December 14, 2011
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City of Edgewater CUP #9157
CPH Monitoring Schedule
Fiscal Year: 10/1/2012 through 9/30/2013
CUP Compliance Activity Due Date Fee
Photographic Monitoring & Report September 2013 $1,000
Water Level Data Collection November 2012 $600
January 2013 $600
March 2013 $600
May 2013 $600
Water Level Data Collection & Data July 2013 $1,635
Logger Maintenance
Water Level Data Collection & Data September 2013 $1,635
Logger Maintenance
6 -Month Data Submittals January 31, 2013 $950
July 31, 2013 $950
Annual Report March 31, 2013 $2,400
TOTAL: $10,970
December 14, 2011
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City of Edgewater CUP #9157
CPH Monitoring Schedule
Fiscal Year: 10/1/2013 through 9/30/2014
CUP Compliance Activity Due Date Fee
Photographic Monitoring & Report September 2014 $1,000
Water Level Data Collection & Data November 2013 $1,290
Logger Maintenance
January 2014 $600
March 2014 $600
May 2014 $600
July 2014 $600
September 2014 $600
6 -Month Data Submittals January 31, 2014 $950
July 31, 2014 $950
Annual Report March 31, 2014 $2,400
TOTAL: $9,590
December 14, 2011
0
City of Edgewater CUP #9157
CPH Monitoring Schedule
Fiscal Year: 10/1/2014 through 9/30/2015
CUP Compliance Activity Due Date Fee
Photographic Monitoring & Report September 2015 $1,000
Water Level Data Collection November 2014 $625
January 2015 $625
March 2015 $625
May 2015 $625
July 2015 $625
September 2015 $625
6 -Month Data Submittals January 31, 2015 $950
July 31, 2015 $950
Annual Report March 31, 2015 $2,600
TOTAL: $9,250
December 14, 2011
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City of Edgewater CUP #9157
CPH Monitoring Schedule
Fiscal Year: 10/1/2015 through 9/30/2016
CUP Compliance Activity Due Date Fee
Photographic Monitoring & Report September 2016 $1,000
Water Level Data Collection November 2015 $625
January 2016 $625
March 2016 $625
May 2016 $625
July 2016 $625
September 2016 $625
6 -Month Data Submittals January 31, 2016 $950
July 31, 2016 $950
Annual Report March 31, 2016 $2,600
TOTAL: $9,250
December 14, 2011
0 Th
City of Edgewater CUP #9157
CPH Monitoring Schedule
Fiscal Year: 10/1/2016 through 9/30/2017
CUP Compliance Activity Due Date Fee
Photographic Monitoring & Report September 2017 $1,000
Water Level Data Collection November 2016 $650
January 2017 $650
March 2017 $650
May 2017 $650
July 2017 $650
September 2017 $650
November 2017* $650
6 -Month Data Submittals January 31, 2017 $950
July 31, 2017 $950
Annual Report March 31, 2017 $2,600
December 2017 Compliance Report December 5, 2017 $2,400
Assistance
TOTAL: $12,450
December 14, 2011
'Pursuant to Condition No. 40 of CUP #9157, a compliance report is due on December 11, 2017 to SJRWMD. CPH has included the
November 2017 water level data collection event within the Fiscal Year 2016 -2017.
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AGENDA REQUEST
Date: December 21, 2011
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS January 9, 2012
ITEM DESCRIPTION:
Marina Acquisition Consideration of Purchase of existing marina at 2001 South Riverside Dr. Edgewater
BACKGROUND:
The City of Edgewater is considering the purchase of an existing marina located within the City. The marina is
located on the Indian River with 45 permitted wet slips, one boat ramp, a small retail store and two residential
structures with 3 living units. The business maintains approximately 1.96 acres with 0.678 acres leased from the
State of Florida through a submerged land lease. The marina appears to be an inactive business with a few
derelict vessels occupying wet slips and stored upon the property. The dock appears to have received quality
maintenance recently presenting in good repair. The supporting pilings also appear to be in good condition with
additional pilings planted in preparation for additional dockage. The boat ramp into the adjacent canal is
functional requiring minor repairs.
The property is currently listed for an asking price of $575,000. An appraisal was conducted on June 21, 2011
and valued the property at $525,000 "As Is ". The Acquisition of this property would preserve the riverfront for
Public uses. Currently, the City is having surveys, dock inspection, structural inspections, appraisals and other
miscellaneous inspections conducting to determine the overall condition of the property for future public uses.
The total cost of these inspections and appraisals should not exceed $20,360.
STAFF RECOMMENDATION:
Staff recommends City Council authorize the City Manager to perform due diligence on the viability of
acquiring the Marina property.
ACTION REQUESTED:
Motion to authorize the City Manager to perform due diligence research in the amount not to exceed $20,360
and make necessary budget amendments.
FINANCIAL IMPACT: (Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO
PREVIOUS AGENDA ITEM: YES NO X
If so, DATE: N/A AGENDA ITEM #
Respectfully submitted, Concurrence:
Jo 0 : than McKinney Robin L. Matusick
Finance Director Paralegal
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racey - .: arlow
City ■' anager
EDGEWATER CITY OF EDGEWATER 2012 PROJECT GOALS
➢ Identify location and begin planning an animal park (Leisure Services Director)
➢ Identify locations and plan for future addition/improvement of sidewalks in the
community (Leisure Services &Development Service Director)
➢ Establish CRA Districts (City Manager&Development Services Director)
• Establish Long-Range Facility Plan for Environmental Services (Environmental
Services Director)
• Complete Design and Implementation Plan for Mango Lake Park (Leisure Services
Director)
• Complete Agreement for Southern Service Area (Environmental Services Director)
➢ Complete Construction of Replacement Fire Station #55 (Fire Chief)
➢ Complete Formatted Master Utility Infrastructure Location Map (Environmental
Services Director)
• Identify Future Truck Routes and Roadway Network (Developmental Services Director)
• Purchase a Digital Media Sign for Leisure Service Facility (Leisure Services Director)
• Establish a Priority and Increase Community Civic Events (Leisure Services Director)
• Develop a Master Future Parks Plan & Standards (Leisure Services &Development
Services Director)
• Design and Implement Fitness Circuit into Riverside Trail (Leisure Services Director)
• Promote Scholarship Fund to Increase Participation (City Clerk&Finance Director)