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02-01-2021
City Council City of Edgewater Meeting Agenda 104 N. Riverside Drive Edgewater, FL 32132 Mike Thomas, Mayor Christine Power, District 1 Gigi Bennington, District 2 Megan O'Keefe, District 3 Jonah Powers, District 4 Council Chambers6:00 PMMonday, February 1, 2021 We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES None at this time 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS 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 Discussion of the City Manager’s 2020 evaluation, progress and Council direction.a. 2020 City Manager Completed Evaluations Goals and Accomplishments 2020 City Manager Agreement - Glenn Irby Attachments: 7. CONSENT AGENDA Award of Contract for YMCA Retro Fit Project (ITB 21-PR-001and authorization for associated budget amendment a. ITB 21-PR-001 - YMCA Wind Retrofit Project - REBID complete bid documentAttachments: 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Page 1 City of Edgewater Printed on 1/27/2021 February 1, 2021City Council Meeting Agenda Second Reading Ordinance 2021-O-01 Chapter 12 Offense Section 12-2 Trespassinga. 2021-O-01Attachments: 9. BOARD APPOINTMENTS Police Pension Board - Ratification of Charles Geiger’s appointment.a. 10. OTHER BUSINESS SA-2101: Carol Ann Jeronimo requesting approval of the waiving of the associated fees and requirements regarding alcohol sales and/or consumption for the Rotary Club of Edgewater and Edgewater Family Fest Kickoff Event Special Activity Permit to be held on February 4, 2021 at Hawks Park. a. Rotary Kick off Site Plan Insurance Certificate Attachments: 11. OFFICER REPORTS a.City Clerk b.City Attorney c.City Manager 12. CITIZEN COMMENTS 14. ADJOURN 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 Brown, CMC, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1102, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771. Page 2 City of Edgewater Printed on 1/27/2021 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2021-5206,Version:1 COUNCIL AGENDA ITEM SUBJECT: Discussion of the City Manager’s 2020 evaluation, progress and Council direction. DEPARTMENT: City Clerk SUMMARY: At the regular meeting of January 4,2021,Councilwoman Bennington requested an agenda item be placed on the next agenda to review the City Manager’s contract and discuss Mr.Irby’s 2020 evaluations and goals; progress,direction,and general management as well as where the Council would like to go moving forward. Council consensus was to place Councilwoman Bennington’s request on the next agenda. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: N/A City of Edgewater Printed on 1/22/2021Page 1 of 1 powered by Legistar™ Glenn Irby, City Manager SIGNIFICANT ACCOMPLISHMENTS IN THE PAST YEAR ‐ Police Department: 1. Impressed upon the Police Department the need to step up their game toward Community engagement. Held an awards banquet to raise money for the Edgewater Animal Shelter, Held a pancake breakfast at Hacienda del Rio to raise money for the CAPS organization, Held a National Night Out at Whistle Stop Park, Held a Fishing with a Cop for children at Menard May Park, Participated in reading events at the two public schools in Edgewater, Participated in Trunk or Treat, 2. Impressed upon all staff to think outside the box related to budget and needs due to possibly having a budgetary shortfall. Fleet is aging and in need of replacement. Budget constraints are understood and the Administration found 4 Kansas State Trooper patrol vehicles totaling $125,600 or $31,400 each. Four new Ford Explorers would have easily cost more than $200,000, The Administration was able to obtain a CARES Act grant to purchase a new decontamination trailer costing $65,000. There is no required match, 3. Restarted a much needed Traffic Division, 4. Complete renovation of the Police Department, 5. Upgrades to the field training facility and gun range. Finance Department: Stressed the need to revamp the City’s Operating Budget presentation to make its appearance more appealing and contents easier to read and understand. While further enhancements are desired, the finished product is a great improvement. Environmental Services Department: Instrumental in persuading the Council to make a decision on disposal of solid waste. 1. 4 new trucks, 2. Larger trucks (18 cu yds to 25 cu yds) will allow retirement of the transfer station, 3. Allows for a reduction to customers per month. Instrumental in disassociation with the County on Community Development Block Grants, 1. Engaged a grant writer, Glenn Irby, City Manager 2. Secured $3.314 million in various grants for drainage improvements. Parks and Recreation Department: Renegotiated a new lease agreement with the YMCA on the building they currently occupy to ease their monetary obligation to the City due to decreased revenue projections due to COVID‐ 19, Directly involved in the commencement and finalization of the George R. Kennedy Park improvements, Fostered a partnership with the Riverside Conservancy to write a grant for water quality living shorelines at Veterans Park and Oyster Rehabilitation, Participated in a successful renegotiation with Volusia County and NSB to allow CRA funds to provide for façade grants, Personal Accomplishments: Joined Southeast Volusia Kiwanis Club – important to assist in community projects in Edgewater’s name, Successfully negotiated with all three Labor Unions including the new iLuna union representing all employees other than Fire and Police. All three unions are on three year article locks, meaning the only article available for negotiation is wages subject to budget. All articles are available for negotiation every three years, Successfully determined 4% raises are affordable for the second year across the board assisting with a boost in morale and also moving Edgewater higher among other Volusia County governments’ wages, TWO THINGS I WOULD LIKE TO ACCOMPLISH IN THE COMING YEAR ‐ 1. Continuation of seeking more and better grant opportunities for Utilities and Parks improvements, even investigating opportunities for Housing improvements in low to moderate income neighborhoods. 2. Continuation of budget presentation improvements to ensure the City’s Operating budget is in compliance and user friendly. CITY COUNCIL 2021 GOALS FOR CITY MANAGER What 2 things the City Manager does now that the Council would most like him to continue? Continue to keep the Council informed of relevant issues citywide. Continue consulting with City Attorney on issues to keep City out of litigation. Continue building relationships with the community and staff. Continue doing great things for our great City. Readily available Open to suggestions What 2 things the City Manager does not do now that the Council would most like him to do. Would love for more direction from City Manager at Council meetings especially with a member of council coming on board. Take a deep breath and always move forward. Communicate more (maybe check in more often). Hold staff accountable for shortcomings and critical mistakes. EMPLOYMENT AGREEMENT FOR CITY MANAGER CITY OF EDGE WATER,FLORIDA 1THISAGREEMENTmadeandenteredintothis211dayof j.2 2019, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation of the State of Florida hereinafter"City"),and GLENN IRBY,(hereafter"City Manager"). WITNESSETH: WHEREAS, Glenn Irby has demonstrated through his professional and educational experience and performance the level of professional and administrative competency desired by the City in its City Manager;and WHEREAS, as provided by the City Charter, the City Council has the authority to employ the City Manager; and WHEREAS,the City is desirous of employing Glenn Irby as its City Manager; and WHEREAS, Glenn Irby has indicated willingness to accept the responsibilities and render specific performance to the City as City Manager; and WHEREAS, both parties feel it would be mutually beneficial to have a contract of employment between the City and the City Manager setting forth agreements and understandings which (1) provide inducement for Glenn Irby to accept the job of City Manager, (2) make possible full work productivity by assuring Glenn Irby's morale and peace of mind with respect to future security, and (3)provide a just means for modifying Glenn Irby's services at such time as the City may desire. NOW, THEREFORE, in consideration of the mutual covenants and promises which the parties set forth below,the City and the City Manager agree as follows: EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE I OF 13 1. EMPLOYMENT OF CITY MANAGER. The City hereby employs Glenn Irby as City Manager and Glenn Irby hereby accepts such employment upon terms and conditions hereinafter set forth. 2. TERM. 2.1 The term of this Agreement shall commence on July 1, 2019 and shall continue until such time as the City or City Manager desire to terminate this Agreement. 2.2 The City Manager shall serve at the pleasure of the City as provided in the City Charter and Code of Ordinances. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the services of the City Manager at any time. 2.3 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City manager to resign at any time from the position of City Manager, subject only to the provisions herein. 3. DUTIES. The City Manager shall perform those duties specified in Section 4.02 of the City Charter, City of Edgewater, Florida, as it may from time to time be amended, and all other applicable laws and regulations, and such other legally permissible and proper duties as he may be directed to perform by the City Council. Section 4.02 is attached hereto and incorporated by reference as Exhibit"A." 4. PERFORMANCE EVALUATION. 4.1 Annually, the City Council and City Manager shall define such goals and performance objectives for the City Manager which they determine necessary for the proper operation of the City and in the attainment of the City Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 2 O 13 objectives to be reduced in writing. These goals and objectives shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. 4.2 Annually, at the end of each fiscal yew,the City Council shall evaluate the performance of the City Manager for the previous fiscal year utilizing the current evaluation form in place for the City Manager. 5. COMPENSATION. Effective July 1, 2019, the City Manager shall receive initial annual compensation of One Hundred Thirty Five Thousand and no/100 Dollars ($135, 000.00)(the "Base Salary") payable as employee checks are issued by the City. The City will make standard payroll deductions from each paycheck for federal income tax, Social Security and Medicare. City Manager may designate amounts out of his annual compensation to be paid by the City as deferred compensation, and such payments shall be deposited into the deferred compensation plan selected by the City Manager and deducted accordingly from the annual compensation payments. The City Council shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of the City Manager, except in the event, and to the degree, a reduction is made across-the-board for all employees of the City. The City Manager shall be entitled to the same wage increases that are afforded to Directors. The City Manager agrees to forego the anticipated wage increase for City employees in October 2019, if any. 6. HOURS OF WORK AND MANAGERIAL DUTIES. The City Manager is the chief administrative officer for the City and is expected to perform all duties related to that position. The hours the City Manager must spend performing those duties may vary,but the City Manager shall work"full-time" and shall be available at City Hall or locally through cell phone EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 3 OF 13 or radio contact for all job requirements,given that a significant portion ofjob-related duties may transpire outside of City Hall. It is recognized that the City Manager must devote a great deal of time outside the normal office hours in business for the City, and to that end the City Manager shall be allowed to establish an appropriate work schedule. 7. BENEFTTS. 7.1 Leave Time. The City Manager shall be entitled to holidays,vacation,and sick leave. The City Manager shall be credited 160 hours of vacation leave on the effective date of this Agreement. The City Manager shall accrue vacation leave on a bi-weekly basis up to 160 hours annually. Vacation leave accrued but not used within any given anniversary period may be carried over and accumulated, up to a maximum of 320 hours. Sick leave shall accrue at 8 hours per month up to a maximum of 320 hours.Vacation and sick leave will have no cash value until such time as the City Manager leaves the employment of the City. 7.2 Insurance. The City shall provide POS health insurance for the City Manager and his dependents at a cost to the City Manager of$193.17 bi-weekly or as determined each year when the City renews its group health insurance policy. The City shall provide and pay the premium for dental insurance for the City Manager and his dependents at no cost to the City Manager. The City shall provide and pay the premium for basic tern life insurance and long term disability insurance. Health and dental insurance for the City manager commenced on March 1, 2019. Basic term life insurance and long term disability insurance for the City Manager will commence on the first of the month after hire date. The City reserves the right, in its discretion, to modify coverage, insurance providers and benefits as may be necessary and consistent with the benefits provided to its Directors/Deputy Directors. EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 4 OF 13 7.3 Retirement. The City shall contribute an amount equal to 12%of the City Manager's annual gross base salary to the 457 deferred compensation plan. 7.4 License Fees. Membership Dues and Training Expenses. The City shall pay or reimburse the City Manager for reasonable professional license fees, membership dues and training expenses directly associated with the City Manager's job duties including International City/County Management Association (ICMA) dues and Florida City/County Manager's Association (FCCMA) dues. The City shall also pay the annual membership dues to one service related organization within Volusia County such as, but not limited to, Kiwanis, Rotary or the Benevolent and Protective Order of the Elks (BPOE). The City shall also pay for fees associated with travel, per diem and associated fees related to annual conferences for ICMA, FCCMA and the Florida League of Cities. Such payment or reimbursement shall be limited to budgeted amounts and consistent with all City policies. Reimbursement under this section for any expense greater than $1,000.00 shall require prior approval of the City Council. Such approval shall be considered as given if the expense is included in the annual operating budget of the City. 7.5 Vehicle Allowance. The City shall provide the City Manager with use of a City owned vehicle. The City shall provide fuel for the vehicle and shall pay for all maintenance and repair expenses for the vehicle. The City Manager will purchase automobile insurance coverage, with limits of at least $300,000.00 per occurrence, which will insure his immediate family members when traveling in the City owned vehicle. 7.6 Cellular Phone. The City shall provide the City Manager with use of a cellular phone. The City shall pay all expenses associated with the use of the phone as the City Manager agrees to use the phone only for City business. EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 5 OF 13 8. INDEMNIFICATION. Subject to the provisions of insurance defense coverage, and consistent with federal, state and local law, the City shall defend, save harmless and indemnify the City Manager acting within the scope of his employment, against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the City Manager's duties as City Manager, or resulting from the exercise of judgment or discretion in connection with the performance of the duties or responsibilities, unless the act or omission involved willful or wanton conduct or where the City Manager exceeds the scope of his authority or in the case of a conviction for any crime involving moral turpitude or a crime relating to official duties. The City shall provide the City Manager's legal defense, court costs and other reasonable costs and expenses of such legal proceedings, and any other liabilities incurred by, imposed upon, or suffered by the City Manager, not limited to judgments or settlements in connection with or resulting from any claim or action, suit, or proceeding, whether actual or threatened, arising out of or in connection with the performance of the City Manager's duties. Any settlement of any claim must be made with prior approval of the City in order for indemnification, as provided in this section,to be available to the City Manager. 9. TERMINATION OF AGREEMENT. 9.1 The City has the inalienable right under law for employing and terminating a City Manager. 9.2 The City Manager acknowledges that there is no contractual or other right to occupy the position of City Manager after termination. 9.3 This Agreement may be terminated by the City, and the City Manager removed from his position, with or without cause, at any time during the term of this Agreement. EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 6 OF 13 Upon termination of this Agreement by the City, the City Manager shall receive thirty (30) days notification. 9.4 The City shall not arbitrarily or capriciously seek termination of the City Manager's employment. Termination of the City Manager's employment shall occur when the majority of the City Council votes to terminate the City Manager's employment at a duly authorized public meeting. 9.5 Termination for Cause. The City Manager may be terminated for cause. Cause"for termination is defined as, and shall include,any of the following: Misfeasance, malfeasance and/or nonfeasance in performance of the City Manager's duties and responsibilities. Conviction or a plea of guilty or no contest to a misdemeanor or felony crime,whether or not adjudication is withheld. Neglect of duty, including the inability or unwillingness to properly discharge the responsibilities of office. Violation of any substantive city policy, rule, or regulation, which would subject any other city employee to termination. Breach of fiduciary duty, including any act of fraud or theft against the interest of the City. The commission of any act which involves moral turpitude, or which causes the City disrepute. Breach of this Agreement. Violation of the International City/County Management Association Code of Ethics. Misconduct as defined in § 443.036(29),Florida Statutes. Removal of the City Manager from office by the Governor of the State of Florida, pursuant to § 112.52, Florida Statutes, or other lawful removal from office by state or federal governments. EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 7 OF 13 Final adjudication by a court or state administrative tribunal that the City Manager committed an act of malfeasance or misfeasance of office or a violation under Chapter 112,Florida Statutes. Any other act of similar nature of the same or greater seriousness. If the City Manager is terminated for cause,the City Manager resigns, or the City Manager otherwise ceases employment with the City, then the City is not obligated to pay severance pay under this Agreement. If the City manager is terminated for cause,which includes misconduct as defined in § 443.036(29), Florida Statutes, he shall be prohibited from receiving severance pay. Severance pay shall mean salary, benefits and perquisites, as defined under § 215.425(4)(d), Florida Statutes. If the City Council votes to terminate the City Manager with cause, written notice of the charges by the City Council and its decision to terminate the City Manager shall be delivered to the City Manager, and the City Manager shall be given an opportunity for a formal, quasi-judicial hearing before the City Council within a reasonable period of time not to exceed 30 days from the publication of notice. The hearing shall provide an opportunity for the City Manager to rebut any charge affecting his character or reputation, but the City Council's action therein is final and non-appealable. However, nothing in this section shall abrogate the City Manager's right to enforce his rights under this Agreement in a civil court of competent jurisdiction. Upon termination for cause the City Manager will be entitled to payout for the total balance of accrued vacation leave, up to the maximum of 320 hours. No further compensation will be paid by the City. 9.6 Termination without Cause. If the City Manager is terminated by the City without cause, for reasons outside Paragraph 9.5, during the term of this Agreement, the City shall pay to the City Manager a sum equal to twenty (20) weeks of severance pay at his current rate of pay on the date of termination. In addition, the City shall provide to the City Manager EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 8 OF 13 five (5) months of health and dental insurance, not to exceed twenty (20) weeks, at the same benefit rate and cost to the City Manager as was afforded him at the date of termination. The City Manager shall also be compensated for the total balance of all accrued vacation leave, up to the maximum of 320 hours and accrued sick leave up to the maximum of 320 hours at his rate of pay on the date of termination. All severance pay and other benefits payable under this paragraph shall be payable over a twenty(20) week period and not as a lump sum payment. No further compensation will be paid by the City, for termination of the City Manager without cause. If the City, its citizens, or the legislature acts to amend any provisions of the Edgewater City Charter pertaining to the role, powers,duties, authority, or responsibilities of the City Manager's position that substantially changes the form of government then the City Manager shall have the right to declare that such amendments to the City Charter constitute termination without cause. If the City reduces the City Manager's Base Salary, compensation or any other substantial benefit of the City Manager, unless it is applied in no greater percentage than the average reduction in pay or benefits of all Directors, such action shall constitute a breach of this Agreement and will be regarded as a termination of the City Manager without cause. 9.7 If the City Manager becomes disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of time in excess of twelve (12) weeks of FMLA leave, the City shall have the option to terminate this Agreement for cause. In such an event, the City Manager shall be compensated for any accrued benefits. EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 9 OF 13 10. VOLUNTARY RESIGNATION. This Agreement may be terminated by the City Manager upon thirty (30) days notification to the City, unless the City Council, in its sole discretion, elects to shorten the minimum notice set forth in this paragraph. If termination as City Manager is due to a voluntary resignation submitted by the City Manager, he shall receive the total balance of accrued vacation leave, up to the maximum of 320 hours. No further compensation will be provided to the City Manager after the thirty (30) day notification period has expired. 11. OUTSIDE EMPLOYMENT. The City Manager recognizes and understands that the position of City Manager shall require his full-time attention and, accordingly, agrees to devote all time necessary to fully discharge duties. The City Manager shall refrain from accepting any engagement which would interfere in any way with the faithful performance of his services to the City. However, nothing in this Agreement will be construed as to prevent the City Manager from accepting honoraria or consulting fees from educational institutions, units of local government or state agencies for lecture, articles, instructional material, and consultation in the area of local government which shall not be in conflict with the City Manager's responsibilities with the City. 12. BONDING. The City shall bear the full cost of any fidelity or other bonds required of the City Manager under the City Charter or any law or ordinance. 13. MOVING AND RELOCATION EXPENSES. It is recognized that the City Manager currently resides in Lake County, Florida. It is further recognized that the Charter of the City of Edgewater requires the City Manager to reside within the corporate limits of the City. Because the City Manager owns real property in Lake County and must sell said property to be able to relocate to within the City of Edgewater, the EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 10 OF 13 City grants a time period of six months from the date of this Agreement for the City Manager to relocate to the City of Edgewater. The City agrees to provide up to $4,000.00 to the City Manager for moving expenses on a reimbursement basis. Reimbursement will be paid based upon invoices provided by the City Manager. If the moving expenses exceed $4,000.00 the City is only obligated to pay a maximum amount of$4,000.00. 14. GENERAL PROVISIONS. 14.1 Severability. If, during the term of this Agreement, it is found that a specific clause or condition of this Agreement is illegal in federal or state law, the remainder of the Agreement not affected by such a ruling shall remain in force. 14.2 This Agreement shall be construed in accordance with, and governed by the laws of the State of Florida. Venue for any cause of action shall be in Volusia County, Florida. 14.3 The parties agree that in the event they cannot resolve a dispute hereunder, they shall mutually participate in a mediation process,to be conducted by a Florida Circuit Court mediator, mutually selected and paid for by the City, prior to any lawsuit being filed. 14.4 This Agreement constitutes the entire Agreement between the parties pertaining to the subject matter hereof, and is the final, complete and exclusive expression of the terms and conditions of their Agreement. Any and all prior agreements, representations, negotiations and understandings made by the parties, oral and written, express or implied, are hereby superseded and merged herein. 14.5 Any amendment, modifications, or variations from the terms of this Agreement shall be in writing, shall be effective only upon approval of such amendment, EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 11 OF 13 modification, or variation by the City Council, and shall not operate as a termination of this Agreement. 14.6 Any covenant or provision contained herein which does not comply with the laws of the State of Florida in existence from time to time during the term of this Agreement shall be deemed amended to comply with such laws. 15. NOTICES. Notice pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service,postage prepaid,addressed as follows: If to City Manager: If to City: Glenn Irby Mayor 71 Ardlussa Street City of Edgewater Umatilla,FL 32784 Post Office Box 100 Edgewater,FL 32132-0100 With copy to: City Clerk/Paralegal City of Edgewater Post Office Box 100 Edgewater, FL 32132-0100 Alternatively,notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. 16. MODIFICATION OR WAIVER. Except as otherwise provided herein, this Agreement may not be modified or waived unless in writing and duly executed by all parties to this Agreement. EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 12 OF 13 IN WITNESS WHEREOF, the parties have made and entered into this Agreement on the dates listed below: ATTEST:CIT C F E C1. O E G W A iirn C By: Robin A4atusick,:City lerk/Parale Mic/ s,Mayor Dated: WITNESSES: CITY MANAGER: A Glenn Irby 1 nh Dated: In-cvq EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 13 OF 13 r EXHIBIT A Sec.4.02.Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city and shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge under this Charter. The city manager shall: 1)Appoint,and when necessary,suspend or remove,all officers and employees of the city except as otherwise provided by law,this Charter,or personnel rules adopted pursuant to this Charter. The city manager may authorize any officer subject to the city managers direction and supervision to exercise these powers with respect to subordinates in that officer's department or agency; 2)Direct and supervise the administration of all departments,offices,and agencies of the city except as otherwise provided by this Charter or by law. 3)Attend all city council meetings.The city manager shall have the right to take part in the discussion but shall not vote. 4) See that all laws,provisions of this Charter and acts of the city council,subject to enforcement by the city manager or by officers subject to the manager's direction and supervision, are faithfully executed; 5)Prepare and submit the annual budget and capital program to the city council; 6) Submit to the city council a complete report on the finances and administrative activities of the city as of the end of each fiscal year; 7) Make such other reports as the city council may require concerning the operations of city departments, offices, agencies; 8) Keep the city council advised as to the financial condition and future needs of the city; 9)Make recommendations to the city council concerning the affairs of the city; 10)Provide staff support services for the city council; l I)Sign contracts, agreements, or leases on behalf of city to the extent authorized by ordinance;and 12) Perform such other duties as are specified in this Charter or may be required by the city council. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2021-5204,Version:2 COUNCIL AGENDA ITEM SUBJECT: Award of Contract for YMCA Retro Fit Project (ITB 21-PR-001and authorization for associated budget amendment DEPARTMENT: Finance SUMMARY: The City of Edgewater issued an Invitation to Bid (ITB 20-ES-004 -YMCA -Wind Retrofit Project)on August 5,2020 with the sole purpose and intent of obtaining Bids from qualified and licensed State of Florida Contractors to provide all permits,insurance,manpower,material and supervision for the FEMA Hazard Mitigation Grant Program (HMGP)funded YMCA Wind Retrofit Project that includes the removal of existing exterior windows,doors and louvers at this facility,and the installation of hurricane rated windows,doors and louvers as specified.This proposal also includes the removal of the existing roof and the installation of a metal roof system in compliance with current Code. The ITB was broadcast on the City’s bidder notification service,the State of Florida Office of Supplier Diversity website, the City’s website as well as advertised in Daytona Beach News Journal. Five vendors attended the Non-Mandatory pre-bid meeting held on August 18,2020 and completed a walk thru of the facility. On October 6,2020 one single bid was received and deemed responsible/responsive from A.G.Pifer in the amount of $399,900. Per Section VII of the Purchasing Policy,“Where only one response is received to a solicitation,an award may be made to such respondent if the City determines:(1)that the price submitted is fair and reasonable;(2)that other prospective respondents had a reasonable opportunity to respond;and (3)that it is in the best interest of the City to proceed with award.Otherwise,a single response to a solicitation may be rejected pursuant to Section VII,and the Purchasing Specialist may:(1)cancel the proposed procurement;(2)solicit new bids, proposals, or sealed replies; or (3) proceed with procurement as otherwise provided in this Manual.” Based on discussions with our representative from the Florida Department of Emergency Service staff believes that in an effort to minimize the risk of potential deobligation,it is not in the best interest of the City to move forward with the sole bid.Staff further reached out to the Contractors that were in attendance at the pre-bid meeting,but did not submit a bid and determined that there is a better likelihood of additional submissions,if the Invitation to Bid was reissued with options to bid on the roof and the windows/doors as separate items including the possibility of award to multiple contractors. City of Edgewater Printed on 1/27/2021Page 1 of 3 powered by Legistar™ File #:AR-2021-5204,Version:2 On November 5,2020,the modified ITB was rebroadcast with the recommended changes.The Rebid ITB was broadcast on the City’s bidder notification service,the State of Florida Office of Supplier Diversity website, the City’s website and advertised in Daytona Beach News Journal. On January 5,2021,6 bids were submitted,however 3 were deemed as non-responsive for failure to submit required documents per Bid Specifications. The following bids were received and determined to be responsible and responsive: Total Pricing for Total Pricing for Bidder Name Doors and Windows Roof Replacement A.G Pifer Construction $162,328.03 $609,156.97 APM Construction Corp $75,000.00 $390,000.00 EB Morris Gen. Contractors $213,240.36 $364,759.64 APM Construction Corp.(“APM”)made the lowest responsible and responsive bid for doors and windows and City staff informed APM that staff would recommend that the City Council approve the award of contract for doors and windows to APM.In response,APM stated that it would not accept an award for the doors and windows as it would not accept any award in piecemeal as it intended its bid to be a lump sum for the entire contract and its bid for the doors and windows did not include associated costs such as a bid bond.However, section 4.1 of the ITB provides that: The City reserves the right to award one or more contracts on the bids submitted,either by award of all items to one bidder or by award of separate items or groups of items to various bidders as the interests of the City may require,unless the bidder clearly specifies otherwise in his bid. Therefore, the ITB clearly states that the City may award multiple contracts to various bidders. Also, section 9 of ITB clearly states that bid prices must include all costs, as follows: ALL AMOUNTS INCLUDE SALARY COST,FRINGE BENEFITS,OVERHEAD, OPERATING MARGIN AND PROFIT, AND ALL DIRECT AND INDIRECT EXPENSES. Therefore,the ITB provides that bids must include all associated costs.For these reasons,APM’s refusal to enter into a contract with the City for the doors and windows is unjustified. Both the ITB and the City’s Purchasing Policy have the following provision: In the event of default of the successful bidder,or their refusal to enter into the City contract,the City reserves the right to accept the bid of any other bidder or to re-advertise using the same or revised documentation, at its sole discretion. Therefore,since APM has indicated it refuses to enter into a contract with the City for doors and windows the City may accept the bid of the next lowest bidder, which was A.G. Pifer Construction. Due to the lowest responsible,responsive bids coming in well over the grant and budget amounts,City Staff isCity of Edgewater Printed on 1/27/2021Page 2 of 3 powered by Legistar™ File #:AR-2021-5204,Version:2 Due to the lowest responsible,responsive bids coming in well over the grant and budget amounts,City Staff is working with FDEM representatives to request additional grant funds for the project.HMGP has currently approved $190,223 towards this project.The City currently has $63,408 in City Match funds identified with the current year’s budget.If the grantor is not willing to provide additional grant funds,the City would need to fund an additional $273,456.67 for total project funds of $527,088.67. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable RECOMMENDED ACTION: Staff recommends that City Council approve the award of contract for Doors and Windows to A.G.Pifer Construction and the contract for roof replacement to EB Morris Gen.Contractors and authorize the City Manager to sign the necessary contracts and amend the budget accordingly. City of Edgewater Printed on 1/27/2021Page 3 of 3 powered by Legistar™ INVITATION TO BID TBD COPY OF YMCA – WIND RETROFIT PROJECT - REBID City of Edgewater, Florida 104 North Riverside Drive Edgewater, FL 32132 RELEASE DATE: November 5, 2020 DEADLINE FOR QUESTIONS: December 1, 2020 RESPONSE DEADLINE: January 5, 2021, 11:00 am RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO: https://secure.procurenow.com/portal/edgewater City of Edgewater, Florida INVITATION TO BID Copy of YMCA – WIND RETROFIT PROJECT - REBID I. City of Edgewater .................................................................................. II. Introduction .......................................................................................... III. Instruction for Bid ................................................................................. IV. Scope of Work ...................................................................................... V. Terms and Conditions ........................................................................... VI. Insurance Requirements ....................................................................... VII. Contract/Agreement & All Required Forms .......................................... VIII. Submittal Requirements ....................................................................... IX. Total Pricing Form ................................................................................. X. Vendor Questionnaire........................................................................... Attachments: A - ATTACHMENT A - Scope of Work B - CONSTRUCTION CONTRACT C - Subcontractor List D - References Form Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 3 1. CITY OF EDGEWATER 1.1. Legal Notice Notice is hereby given that the City of Edgewater is accepting Sealed Bids via the City's e-Procurement Portal, ProcureNow for the YMCA Wind Retrofit Project –REBID. As a Hazard Mitigation Grant Program project, the City of Edgewater proposes to protect the YMCA facility located at 148 W. Turgot Avenue, Edgewater Florida 32132. GPS Coordinates 28.980619,-80905602. The mitigation measure will involve a hurricane wind retrofit that includes the removal of existing exterior windows, doors and louvers at this facility, and the installation of hurricane rated windows, doors and louvers as specified. This proposal also includes the removal of the existing roof and the installation of a metal roof system in compliance with current Code. Bids will be received until 11:00 am, on Jan 5, 2021. TBD "Copy of YMCA – WIND RETROFIT PROJECT - REBID" The City of Edgewater has issued this Invitation to Bid (hereinafter, “ITB”) with the sole purpose and intent of obtaining bids from qualified and licensed State of Florida Contractors to provide all permits, insurance, manpower, material and supervision for the Copy of YMCA – WIND RETROFIT PROJECT - REBID, in accordance with the terms and conditions herein. The successful bidder will be hereinafter be referred to as the "Contractor". A non-mandatory pre-bid conference will be held on Nov 17, 2020, commencing promptly at 10:00 am, and will be held at the Southeast Volusia Family YMCA – 148 W. Turgot Avenue, Edgewater, Florida 32132 Join Zoom Meeting https://zoom.us/j/95672369602?pwd=Ni9LVnp5aEhCemZZKzduZ0QzTWwwdz09 Meeting ID: 956 7236 9602 Passcode: 157906 . A site visit will be held immediately following the pre-bid conference. All required documents shall be completed and submitted through the City's e-Procurement Portal. City of Edgewater does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. This Public Notice has been posted on the City’s e-Procurement Portal, ProcureNow, on the City of Edgewater Finance website: www.cityofedgewater.org, and in the Lobby of City Hall on Nov 5, 2020. 1.2. Funding This project is funded by a FEMA Hazard Mitigation Grant Program (HMGP). Proposers must meet all FEMA requirements. Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 4 2. INTRODUCTION 2.1. Summary The City of Edgewater has issued this Invitation to Bid (hereinafter, “ITB”) with the sole purpose and intent of obtaining bids from qualified and licensed State of Florida Contractors to provide all permits, insurance manpower, material and supervision for As a Hazard Mitigation Grant Program project, the City of Edgewater proposes to protect the YMCA facility located at 148 W. Turgot Avenue, Edgewater Florida 32132. GPS Coordinates 28.980619,-80905602. The mitigation measure will involve a hurricane wind retrofit that includes the removal of existing exterior windows, doors and louvers at this facility, and the installation of hurricane rated windows, doors and louvers as specified. This proposal also includes the removal of the existing roof and the installation of a metal roof system in compliance with current Code, as further described and in accordance with the terms and conditions herein. The successful bidder will hereinafter be referred to as the “Contractor”. If awarded, a contract to provide these services will be effective on the date contract is approved by the City of Edgewater, City Council (herein after, the “Council”), signed by all required parties and filed with the City Clerk. As is more fully explained in ”Instruction for Bid - Bid Evaluation Committee and Evaluation Factors” of this ITB, an award, if made, will be made to the best overall bidder(s) whose bid is most advantageous to the City, taking into consideration the evaluation factors set forth in this ITB. The City will not use any other factors or criteria in the evaluation of the bids received. 2.2. Background The City serves an area of 24.83 square miles with a population of approximately 23,319. The City’s fiscal year begins on October 1st and ends on September 30th. The Finance Department maintains the funds and accounts of the City. The Finance Department is responsible for the custody and accounting of funds of each department. More detailed information on the government and its finances can be found in City of Edgewater’s Comprehensive Annual Financial Report for fiscal year 2019 and in the City’s Annual Budget for fiscal year 2021. Copies of these documents may be viewed on www.cityofedgewater.org. The City of Edgewater is exempt from any and all state, local and federal taxes. 2.3. Contact Information Pat Drosten Purchasing Specialist 104 N RIverside Drive Edgewater, FL 32132 Email: pdrosten@cityofedgewater.org Phone: (386) 424-2400 Ext: 1306 Department: Purchasing Division Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 5 2.4. Timeline The following projected timetable should be used as a working guide for planning purposes only. The City reserves the right to adjust this timetable as required during the course of the ITB process. Issue ITB November 5, 2020 Pre-Bid Conference (Non-Mandatory) November 17, 2020, 10:00am Southeast Volusia Family YMCA – 148 W. Turgot Avenue, Edgewater, Florida 32132 Join Zoom Meeting https://zoom.us/j/95672369602?pwd=Ni9LVnp5aEhCemZZKzduZ0QzTWwwdz09 Meeting ID: 956 7236 9602 Passcode: 157906 Deadline for Questions December 1, 2020, 2:00pm Addendum Due December 15, 2020, 4:30pm Bid Due Date January 5, 2021, 11:00am Contractor Selection Date February 1, 2021 Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 6 3. INSTRUCTION FOR BID 3.1. Delivery of Bids All Bids are to be delivered before 11:00 am, local time, on or before Jan 5, 2021 via the City's e- Procurement Portal, ProcureNow. Bids received after the designated time will not be allowed on the City's eProcurement Portal. For further information, please e-mail Pat Drosten, Purchasing Specialist at pdrosten@cityofedgewater.org. There is no expressed or implied obligation for the City of Edgewater to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. 3.2. Inquiries All questions related to this ITB shall be submitted in writing through the ProcureNow Question/Answer Tab via the City's e-Procurement portal, on or before, Dec 1, 2020 by 2:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. Bidders must clearly understand that the only official answer or position of the City shall be the one stated in writing by pdrosten@cityofedgewater.org posted in the City's e-Procurement portal. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the City's e-Procurement Portal. When asking questions, please be sure to enter each question separately. 3.3. Method of Source Selection The City is using the Competitive Sealed Bids methodology of source selection for this procurement, as authorized by Resolution 2019-R-20 establishing and adopting the City Purchasing Policy. Each bid will be reviewed to determine if the bid is responsive to the ITB. Bids deemed to be non-responsive may be rejected without being evaluated by the Evaluation Committee appointed by the City Manager, which shall be comprised of a minimum of three (3) City employees. The committee will make a recommendation to the City Council who will make the final selection(s). ITB’s that are solely priced based will be reviewed by the Purchasing Specialist and Project Manager and will not be subject to the Evaluation Committee process. A responsive bid is one which has been signed and submitted by the specified Bid deadline, and has provided the information required to be submitted with the Bid. While poor formatting, poor documentation and/or incomplete or unclear information may not be cause to reject a bid without evaluation, such substandard submissions may adversely impact the evaluation of a Bid. Respondents who fail to comply with the required and/or desired elements of this ITB do so at their own risk. The City may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 7 3.4. Pre-Bid Conference A non-mandatory pre-bid conference will be held on Nov 17, 2020, commencing promptly at 10:00 am, and will be held at the Southeast Volusia Family YMCA – 148 W. Turgot Avenue, Edgewater, Florida 32132 Join Zoom Meeting https://zoom.us/j/95672369602?pwd=Ni9LVnp5aEhCemZZKzduZ0QzTWwwdz09 Meeting ID: 956 7236 9602 Passcode: 157906 A site visit will be held immediately following the pre-bid conference. The purpose of the pre-bid conference is to allow an open forum for discussion and questioning with City staff regarding the ITB with all prospective bidders having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the ITB. Only written responses to written questions will be considered official, and will be included as part of the ITB. All prospective bidders are strongly encouraged to attend, as, unless requested by the department, this will be the only pre-bid conference for this solicitation. A submission of a bid by the Contractor is considered a representation that the Contractor has visited the site and has carefully examined the site and is satisfied as to the conditions to be encountered in performing the work. 3.5. Compliance with the ITB Proposals must be in strict compliance with this ITB. Failure to comply with all provisions of the ITB may result in disqualification. 3.6. Acknowledgment of Insurance Requirements By signing the Insurance Requirements included in this ITB, Bidder acknowledges these conditions include Insurance Requirements. It should be noted by the Bidder that, in order to meet the City's requirements, there may be additional insurance costs to the Bidder's firm. It is, therefore, imperative that the bidder discuss these requirements with the Bidder’s insurance agent, as noted on the Insurance Check List, so that allowances for any additional costs can be made by the Bidder. The Bidder's obligation under this provision shall not be limited in any way by the agreed upon contract price, or the Bidder's limit of, or lack of, sufficient insurance protection. Bidder also understands that the evidence of required insurance may be required within five (5) business days following notification of its offer being accepted; otherwise, the City may rescind its acceptance of the Bidder’s Bid. The specific insurance requirements for this solicitation are included as part of this solicitation. Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 8 3.7. Bonding Requirements By signing its Proposal, and if applicable, Proposer acknowledges that they have read and understand the bonding requirements for this Proposal. Requirements for this solicitation are listed below. Not Applicable 3.8. Delivery of Bidders All Bids are to be submitted electronically via the City's e-Procurement Portal, ProcureNow no later than 11:00 am, local time, on or before Jan 5, 2021. The City shall not bear the responsibility for Bids submitted past the stated date and/or time indicated, or delivered though any other means to an incorrect address by bidder’s personnel. 3.9. Additional Requirements Each bid shall be accompanied by a certified cashier’s check, or bid bond, in the amount of 5% percent of the total bid price, payable to City of Edgewater, Florida, as a guarantee that the bidder, if its bid is accepted, will promptly execute the Agreement. The bidder shall guarantee the total bid price for a period of 60 days from the date of the bid opening. In addition to responding to this bid on ProcureNow, Bidder must also MAIL bid guarantee with a postmarked date no later than Jan 5, 2021 in a separate envelope marked BID BOND and including: Copy of YMCA – WIND RETROFIT PROJECT - REBID TBD Jan 5, 2021 3.10. Evaluation of Proposals (Procedure) The City’s procedure for selecting is as follows: 1. Invitation to Bid issued. 2. Subsequent to the closing of bids, the Department and the Purchasing Specialist shall review the bids received and verify whether each bid appears to be minimally responsive to the requirements of the published ITB 3. Vendor selection will be based on the lowest, compliant, qualified bid unless specified otherwise in the Invitation to Bid. 4. The City reserves the right to withdraw this ITB at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. 5. Receipt of a bid by the City or a submission of a bid to the City offers no rights upon the Bidder nor obligates the City in any manner. 6. Acceptance of the bid does not guarantee issuance of any other governmental approvals. Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 9 The City reserves the right to withdraw this ITB at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a bid by the City or a submission of a bid to the City offers no rights upon the Bidder nor obligates the City in any manner. 3.11. Ambiguity, Conflict, or Other Errors in the ITB If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in the ITB, Bidder shall immediately notify the Purchasing Specialist, noted herein, of such error in writing and request modification or clarification of the document. The Purchasing Specialist will make modifications by issuing a written revision and will give written notice to all parties who have received this ITB from the Finance Department. The Bidder is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the ITB prior to submitting the Proposal or it shall be waived. 3.12. Proposal, Presentation, and Protest Costs The City will not be liable in any way for any costs incurred by any bidder in the preparation of its Bid in response to this ITB, nor for the presentation of its Bid and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 3.13. Acceptance or Rejection of Proposals The right is reserved by the City to waive any irregularities in any bid, to reject any or all bids, to re- solicit for bids, if desired, and upon recommendation and justification by the City to accept the bid which in the judgment of the City is deemed the most advantageous for the public and the City. Any bid which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful bidder, or their refusal to enter into the City contract, the City reserves the right to accept the bid of any other bidder or to re-advertise using the same or revised documentation, at its sole discretion. 3.14. Requests for Clarification of Bids Requests by the Purchasing Specialist to a bidder(s) for clarification of Proposal(s) shall be in writing. Bidder’s failure to respond to request for clarification may deem bidder to be non-responsive, and may be just cause to reject its bid. 3.15. Validity of Bids To withdraw a bid through the City's e-Procurement Portal, the responding firm may “unsubmit” their bid in ProcureNow. After withdrawing a previously submitted bid, the responding firm may submit another bid at any time up to the deadline for submitting bids. Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 10 No Bid can be withdrawn after the deadline for submitting bids. All bids shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 11 4. SCOPE OF WORK 4.1. General Description of Specifications The City is seeking Bids from qualified and licensed State of Florida Contractor to provide all permits, insurance, manpower, material and supervision for the As a Hazard Mitigation Grant Program project, the City of Edgewater proposes to protect the YMCA facility located at 148 W. Turgot Avenue, Edgewater Florida 32132. GPS Coordinates 28.980619,-80905602. The mitigation measure will involve a hurricane wind retrofit that includes the removal of existing exterior windows, doors and louvers at this facility, and the installation of hurricane rated windows, doors and louvers as specified. This proposal also includes the removal of the existing roof and the installation of a metal roof system in compliance with current Code. The successful bidder will hereinafter be referred to as the “Contractor”. This project is funded by a FEMA Hazard Mitigation Grant Program (HMGP). Proposers must meet all FEMA requirements. As a Hazard Mitigation Grant Program project, the City of Edgewater proposes to protect the YMCA facility located at 148 W. Turgot Avenue, Edgewater Florida 32132. GPS Coordinates 28.980619,- 80905602. The mitigation measure will involve a hurricane wind retrofit that includes the removal of existing exterior windows, doors and louvers at this facility, and the installation of hurricane rated windows, doors and louvers as specified. This proposal also includes the removal of the existing roof and the installation of a metal roof system in compliance with current Code. Wind protections shall be provided on any other opening such as vents, louvers and exhaust fans. All installations will be in strict compliance with the Florida Building Code or Miami Dade Specifications and all materials will be certified to meet wind and impact standards. The local municipal or county building department will inspect and certify installation according to the manufacture specification. The project shall provide protection against 150 MPH winds or the wind speed protection and impact requirements indicated by the effective Florida Building Code at the time permits are issued. The City reserves the right to award one or more contracts on the bids submitted, either by award of all items to one bidder or by award of separate items or groups of items to various bidders as the interests of the City may require, unless the bidder clearly specifies otherwise in his bid. If awarded, a contract to provide these services will be effective on the date the Purchase Order is issued by the City of Edgewater. The Contractor agrees to commence work within Thirty (30) days after the date of the Notice to Proceed letter/Issuance of Purchase Order and shall complete the work within Ninety (90) days consecutive calendar days thereafter or by June 2, 2021, whichever comes first. Detailed Scope of Work is detailed in ATTACHMENT “A” included with this document. Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 12 5. TERMS AND CONDITIONS 5.1. Construction Timeline The Contractor agrees to commence work within Thirty (30) days after the date of the Notice to Proceed letter and shall complete the work within Ninety (90) days consecutive calendar days thereafter. 5.2. City's Right to Inspect The City or its authorized Agent shall have the right to inspect the Contractor’s facilities/project site during and after each work assignment the Contractor is performing. 5.3. Licenses The Contractor is required to possess the correct occupational license, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Copies of the required licenses must be submitted with the Proposal response indicating that the entity proposing, as well as the team assigned to the City account, is properly licensed to perform the activities or work included in the contract documents. A Contractor, with an office within the City is also required to have a business tax receipt and certificate of use. If you have questions regarding required professional licenses and Business Tax Receipt and Certificate of use, contact the Finance Department, (386) 424-2400. 5.4. Principals/Collusion By submission of this Proposal, the undersigned, as Bidder, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 5.5. Taxes The City is exempt from Federal Excise and State of Florida Sales Tax. 5.6. Relation of City It is the intent of the parties hereto that the Contractor shall be legally considered an independent contractor, and that neither the Contractor nor their employees shall, under any circumstances, be considered employees or agents of the City, and that the City shall be at no time legally responsible for any negligence on the part of said Contractor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 13 5.7. Term Contracts If funds are not appropriated for continuance of a term contract to completion, cancellation will be accepted by this Contractor on thirty (30) days prior written notice. 5.8. Termination Should the Contractor be found to have failed to perform his services in a manner satisfactory to the City, the City may terminate this Agreement immediately for cause; further the City may terminate this Agreement for convenience with a thirty (30) day written notice. The City shall be sole judge of non performance. 5.9. Liability The Contractor will not be held responsible for failure to complete contract due to causes beyond its control, including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, Acts of Nature and similar occurrences making performance impossible or illegal. 5.10. Assignment The Contractor(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City. 5.11. Lobbying All firms are hereby placed on NOTICE that the City does not wish to be lobbied, either individually or collectively about a matter for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the City Council or any other City Staff other than the Purchasing Specialist for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from time of advertisement to final Council approval, no firm or their agent shall contact any other employee of the City in reference to this Proposal, with the exception of the Finance Director or her designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 5.12. Single Proposal Each Bidder must submit, with their bid, the required forms included in this ITB. Only one bid from a legal entity as a primary will be considered. A legal entity that submits a bid as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same ITB. All submittals in violation of this requirement will be deemed non-responsive and rejected from further Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 14 consideration. 5.13. Protest Procedures Any appeal or protest to the Request for Proposal shall be governed by the City of Edgewater’s Purchasing Policies and Procedures. 5.14. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity for a period of 36 months following the date of being placed on the convicted vendor list. 5.15. Conflict of Interest Bidder shall complete the Conflict of Interest Affidavit included as an attachment to this ITB document. Disclosure of any potential or actual conflict of interest is subject to City staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 5.16. Prohibition of Gifts to City Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any City employee, as set forth in Chapter 112, Part III, Florida Statutes, the current City Ethics Ordinance, and City Administrative Policy. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with City staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the City for a specified period of time, including but not limited to: submitting bids, ITB, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 5.17. Immigration Reform and Control Act Bidder acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 15 located at 8 U.S.C. 1324, et. seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement immediately. 5.18. Equal Opportunity The City recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. 5.19. Florida Public Records Act All material submitted regarding this ITB becomes the property of the City. ITB documents may be reviewed by any person ten (10) days after the public opening. The Professional Consultant should take special note of this as it relates to any proprietary information that might be included in its offer. Any resulting contract may be reviewed by any person after the contract has been executed by the City. The City has the right to use any or all information/material submitted in response to this ITB and/or any resulting contract from same. Disqualification of a Professional Consultant does not eliminate this right. This section is further subject to F.S. 119.01 and 119.0701 et. seq. 5.20. Scrutinized Companies pursuant to FS Sections 287.135 and 215.473 Contractor must certify that the company is not participating in a boycott of Israel. Contractor must also certify that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Contractor must submit the certification that is attached to this contract. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 5.21. Other Agencies All Bidder(s) awarded contracts from this bid or proposal may, permit any municipality or other government agency to participate in the contract under the same prices, terms and conditions, if agreed to by both parties. It is understood that at no time will any city, municipality, or other agency be obligated for placing an order for any other city, municipality, or agency; nor will any city, municipality, Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 16 or agency be obligated for any bills incurred by any other city, municipality or agency. Further, it is understood that each agency will issue its own purchase orders to the awarded bidder(s). 5.22. Conflict of Interest Disclosure The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Firms must disclose within their bid/proposal to the City of Edgewater the name of any officer, director, or agent who is also an employee of the City of Edgewater (hereinafter the “City”). Furthermore, all firms must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in the firm or any of its branches. The purpose of this disclosure is to give the City the information needed to identify potential conflicts of interest for evaluation by the team members and other key personnel involved in the award of this contract. The term “conflict of interest” refers to situations in which financial or other personal consideration may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please submit to the City all information on any potential conflict of interest related to provision of the goods or services requested in this Solicitation. 5.23. Drug-Free Workplace Provisions In accordance with Florida Statue 287.087, firm certifies that: 1. Publish a written statement notifying that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace named above and specifying actions that will be taken against violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the work place, the firm’s policy of maintaining a drug free working environment, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug use violations. 3. Gives each employee engaged in providing commodities or contractual services that are under bid or proposal, a copy of the statement specified above. 4. Notifies the employees that as a condition of working on the commodities or contractual and will notify the employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 1893, or of any controlled substance law of the State of Florida or the United States, for a violation occurring in the work place, no later than five (5) days after such conviction, and requires employees to sign copies of such written (*) statement to acknowledge their receipt. 5. Imposes a sanction on, or requires the satisfactory participation in, a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug free work place through the Implementation of the drug free workplace program. 5.24. Public Entity Crimes Notification Florida Statutes, Paragraph 287.133(2)(a), A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 17 contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 5.25. Immigration Laws Notification The City will not intentionally award City contracts to any Firm who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in an 8 U.S.C. Section 1324 a(e) (Section 274A (e) of the Immigration and Nationality Act (“INA”). 5.26. Non-Collusive Affidavit The firm and its officers, partners, owners, agents, representatives, employees or parties in interest, swears and attests that it is fully informed respecting the preparation and contents of the attached Solicitation, and of all pertinent circumstances respecting the provision of the goods or services to the City of Edgewater. The offer or submittal being made is genuine and is not collusive or a sham. I certify that all information contained in the submittal is truthful to the best of my knowledge and belief. I further certify, under oath, that this submittal is made without any colluded, conspired, connived or agreed, directly or indirectly, with any other firm, person or corporation responding to this solicitation for the same product or service. I certify that the offer quoted/proposed in the attached submission is fair and proper and are not tainted by collusion, conspiracy, connivance, or unlawful agreement on the part of the firm or any other of its agents, representatives, owners, employees or parties in interest, including this affidavit. 5.27. Employment Eligibility Verification System (E-Verify) Acknowledgment Firm acknowledges and agrees to utilize the U.S. Department of Homeland Security’s Employment Eligibility Verification System (E-Verify) to do the following: 1. Enroll in the U.S. Department of Homeland Security’s E-Verify system; 2. Utilize E-Verify to verify the employment eligibility of all new employees hired during the term of the Contract; 3. Utilize E-Verify to verify the employment eligibility of all employees assigned to the Contract; and 4. Expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize E-Verify to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 5.28. Scrutinized Vendor Certification 1. Firm hereby certifies under penalties of perjury, as of the date of this solicitation to provide goods and/or services to the City of Edgewater, that it: 2. Does not participate in a boycott of Israel; and 3. Is not on the Scrutinized Companies that Boycott Israel List; and 4. Is not on the Scrutinized Companies with Activities in Sudan List; and 5. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 6. Has not engaged in business operations in Syria. Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 18 Submitting a false certification shall be deemed a material breach of contract. The City of Edgewater shall provide notice, in writing, to the Contractor of the City’s determination concerning the false certification. The Contractor shall have ninety (90) days following the receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City’s determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits state agencies and departments, and local government entities from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. 5.29. No Lobbying Notification All consultants, firms or individuals are hereby placed on notice that any communication, whether written or oral, with City of Edgewater elected officials or any other staff or outside individuals working with the City in respect to this request (with exception of the Purchasing personnel designated to receive requests for interpretation or corrections) is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any request for bid, proposals, qualifications and/or any other solicitations released by the City of Edgewater. To do so is grounds for immediate disqualification from the selection process. The selection process is not considered final until such time as the City of Edgewater, Mayor, and City Council have made a final and conclusive determination. 5.30. Debarment and Suspension Certification The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: a. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this submittal. Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 19 5.31. Public Act 2016-20 Public Records Requirements - NEED TO FIX FONT SIZE TO 14 PT. RECORDS / AUDITS The City of Edgewater is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the City in order to perform the service; b. Upon request from the City’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records in a format that is compatible with the information technology systems of the City. During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City Clerk. The Contractor agrees to make available to the City Clerk, during normal business hours and in Volusia County, all books of account, reports and records relating to this contract. PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK’S OFFICE CITY OF EDGEWATER 104 N. RIVERSIDE DRIVE EDGEWATER, FL 32132 (386)424-2400 X 1102 CITYCLERK@CITYOFEDGEWATER.ORG 5.32. PURCHASE ORDER NUMBER: This purchase order number and the seller’s name must be clearly shown on all invoices, packing slips, delivery receipts, and correspondence. Failure to clearly indicate this purchase order number may result Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 20 in the return of invoices. 5.33. ACCEPTANCE: All terms and conditions of this purchase order shall become part of the contract between the City of Edgewater and the vendor/seller; the vendor’s/seller’s different or additional terms will never become part of this contract. 5.34. DELIVERY, TITLE & RISK OF LOSS: Title shall pass to the City of Edgewater on delivery of the conforming goods to the designated location. Notwithstanding any agreement to pay freight, express or other transportation charges, the risk of loss or damage in transit shall be upon the vendor/seller. Delivery shall not be complete until the goods and or services have been received, inspected, and accepted by the City of Edgewater. Collect shipments will not be accepted in the event that the city agrees to pay the freight, all freight charges shall be fully prepaid and included on the invoice. The original bill must be included with the invoice. 5.35. WARRANTY: The vendor/seller warrants that the goods and/or services supplied hereunder will be of good workmanship and of proper materials, free from defects and in accordance with specifications. If the vendor/seller knows the city’s intended use, the vendor/seller warrants that the goods and/or services are suitable for the intended use. 5.36. REMEDIES: Regardless of whether goods are being sold, licensed or leased or whether services are being performed, the vendor/seller and the City of Edgewater agree that both parties have all the uniform commercial code rights, duties, and remedies available. 5.37. CONFLICT OF LAWS: THIS AGREEMENT TO PURCHASE AND THE PERFORMANCE OF THE PARTIES HEREUNDER SHALL BE CONSTRUED WITH AND GOVERNED BY THE LAWS OF THE CITY OF EDGEWATER AND THE STATE OF FLORIDA. 5.38. MODIFICATIONS: No modification in price, delivery, method or schedule, quantity, quality, specifications, or any other term of the contract will be effective unless agreed to in writing and signed by an authorized purchasing agent. Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 21 5.39. TAXES: The City of Edgewater Florida is exempt from the payment of all federal excise taxes and sales taxes of the State of Florida, and generally all other state governments. Vendor/seller shall furnish the proper exemption certificate State of Florida sales tax exemption number: 85-8013848356C7 Federal Employee Identification number: 59-6000-314 5.40. PATENTS & ROYALTIES: THE VENDOR/SELLER, WITHOUT EXCEPTION, SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF EDGEWATER AND ITS EMPLOYEES FROM LIABILITY OF ANY NATURE OF KIND, INCLUDING COSTS AND EXPENSES FOR OR ON ACCOUNT OF ANY COPYRIGHTED, PATENTED OR UNPATENTED INVENTION, PROCESS OR ARTICLE MANUFACTURED OR SUED IN THE PERFORMANCE OF THE CONTRACT, INCLUDING ITS USE BY THE CITY OF EDGEWATER. IF THE VENDOR/SELLER USES ANY DESIGN, DEVICE, OR MATERIALS COVERED BY LETTER, PATENT OR COPYRIGHT, IT IS MUTUALLY AGREED AND UNDERSTOOD WITHOUT EXCEPTION THAT THE LISTED PRICES SHALL INCLUDE ALL ROYALTIES OR COST ARISING FROM THE USE OF SUCH DESIGN, DEVICE OR MATERIALS IN ANY WAY INVOLVED WITH THE WORK. 5.41. INVOICING/PAYMENTS: Furnish all invoices in duplicate and mail to the address indicated on the front. Send a separate invoice for each shipment. Include the correct purchase order number on each invoice. Unless previously agreed upon by both the city and vendor, all invoicing and payments will be as outlined in the local government prompt payment act (fs 218. Part VII). 5.42. PRICES: If prices are higher than specified, do not ship without the purchasing agents prior written approval. 5.43. CLEAN HANDS: By accepting this contract, the seller warrants that neither the business, nor any officer or significant stakeholder of the business is in violation of the City of Edgewater code and do not owe the city any past due debt. The seller specifically agrees that the city may withhold any money owed the seller from this contract for any existing code violations and/or past due debt. If the seller misrepresents the status of the business, any officer or significant stakeholder, the city will consider this a material defect of this contract and shall have the right to immediately terminate it. Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 22 6. INSURANCE REQUIREMENTS 6.1. Insurance Requirements INSURANCE TYPE REQUIRED LIMITS 1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter440 and all Federal Government Statutory Limits and Requirements. 2. Commercial General Liability Bodily Injury & Property Damage (Occurrence Form) patterned after the current I.S.O form $1,000,000 single limit per occurrence with no limiting endorsements. 3. Indemnification: To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless the City of Edgewater, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of the City of Edgewater. 4. Automobile Liability $ 500,000 Each Occurrence Owned/Non owned/Hired Automobile Included 5. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide City with certificates of insurance meeting the required insurance provisions. 6. The City of Edgewater must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 7. The City of Edgewater shall be named as the Certificate Holder. NOTE The "Certificate Holder" should read as follows: City of Edgewater Edgewater, Florida No City Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. 8. Thirty (30) Days Cancellation Notice required. Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 23 9. The Certificate must state the following: TBD and Copy of YMCA – WIND RETROFIT PROJECT - REBID. Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 24 7. CONTRACT/AGREEMENT & ALL REQUIRED FORMS Failure to provide the completed required forms may result the submittal being deemed non- responsive. 7.1. Contract Award The City has developed standard contracts/agreements. Contract will become effective once City Council approves and authorizes the City Manager to execute said contract. A contract(s) resulting from this ITB shall be subject to the terms and conditions set forth in a standard City Contract. The City reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of the City. The City will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Contractor. 7.2. Required Forms Standard Construction Agreement - Signed References Form Subcontractor Listing Form Bidders Checklist Vendor Info/Bidders Qualifications Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 25 8. SUBMITTAL REQUIREMENTS 8.1. Response Format - Overview The bid shall be deemed an offer to provide services to the City. In submitting a bid, the Bidder declares that he/she understands and agrees to abide by all specifications, provisions, terms and conditions of same, and all ordinances and policies of the City. The Bidder agrees that if the contract is awarded to him/her, he/she will perform the work in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of bids, all bids must conform to the guidelines set forth in this ITB. Any portions of the bid that do not comply with these guidelines must be so noted and explained the Acceptance of Conditions section of the bid. However, any bid that contains such variances may be considered non-responsive. Bids should be prepared simply and economically, providing a straightforward concise description of the Bidder’s approach and ability to meet the City’s needs, as stated in the ITB. The items listed as required forms shall be submitted with each bid and should be submitted as required in this solicitation. Failure by a bidder to include all listed items may result in the rejection of its bid. All costs associated with delivering the requested services shall be detailed in the format requested on the Total Pricing Form in ProcureNow. 8.2. Statement of Litigation Provide a list of current litigations, outstanding judgments and liens, if any, against the firm or personnel to be assigned to this project or that may have been filed in the last five (5) years. 8.3. Location and Accessibility The Bidder shall provide the name of office location of the account executive directly responsible for handling the City’s account. Description of the current corporation of the account executives personal book of business including the following: 1. Number of accounts for which the account executive is responsible. 2. How the City’s account would compare in size and scope to other clients of the agent/broker. 3. Steps the account executive or firm will take to assure that proper attention will be given to the City’s account as your volume of business grows. 8.4. Documents Professional Certifications/Licenses. 8.5. Required Forms See Contract/Agreement and All Required Forms . Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 26 8.6. Total Pricing Form All pricing must be entered and submitted through the ProcureNow system. 8.7. Bid Evaluation Committee and Evaluation Factors As previously stated, award of contract shall be based on the lowest, compliant, qualified bid unless specified otherwise in the Invitation to Bid. 8.8. Drug-Free Workplace In accordance with Florida Statute 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that furnishes a form certifying that it is a Drug Free Workplace shall be given preference in the award process. NOTE: In the event, the submitter wishes to provide items specified above and beyond the stated requirements of this request at “no cost” to the City of Edgewater, these services should be identified and included in the request response. 8.9. Tie Breaker In the event of a tie (with each business certifying that it is a Drug-Free Workplace), both in individual scoring and in final ranking, the firm with the lowest volume of work on City projects within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Bidder, subject to verification at the City’s option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. If neither vendor has performed in work in the last five years, the preference will be given to the Bidder within the city limits or principal office closest to City Hall. Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 27 9. TOTAL PRICING FORM Bid prices must include all freight charges and delivery charges for any and all material delivered FOB Destination to the work sight. ALL AMOUNTS INCLUDE SALARY COST, FRINGE BENEFITS, OVERHEAD, OPERATING MARGIN AND PROFIT, AND ALL DIRECT AND INDIRECT EXPENSES. PRICE PROPOSALS Item # Description Unit of Measure Total Cost 1 REPLACEMENT OF DOORS AND WINDOW PER SCOPE/SPECIFICATIONS TOTAL 2 REPLACEMENT OF METAL ROOF PER SCOPE/SPECIFICATIONS TOTAL Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 28 10. VENDOR QUESTIONNAIRE 10.1. Familiarity with Project* By submitting a response to this solicitation, the Bidder hereby certifies that he/she has familiarized himself/herself with the extent of the work, and having examined carefully the scope of services herein, propose to furnish all labor, materials, and services without exception, for the Copy of YMCA – WIND RETROFIT PROJECT - REBID. ☐ Please confirm *Response required 10.2. Terms and Conditions of Contract* The bidder acknowledges that by submitting a response to this solicitation, they are bond by the following: The City has developed standard contracts/agreements. The selected Contractor shall submit a signed copy of the contract attached with this document as a part of the bid submittal. Contract will become effective once City Council approves and authorizes the City Manager to execute said contract. A contract(s) resulting from this ITB shall be subject to the terms and conditions set forth in a standard City Contract. The City reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of the City. The City will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Contractor. ☐ Please confirm *Response required 10.3. Insurance Requirements* By submitting a response to this solicitation, the Proposers acknowledges that they understand the insurance requirements of the attached specifications and that the evidence of insurability may be required within five (5) days of the award of ITB. ☐ Please confirm *Response required 10.4. Bidder Checklist* By submitting a response to this solicitation, the Bidder acknowledges that they have read, signed in spaces indicated and returned the following with their proposal: 1. Standard Contract/Agreement 2. All applicable forms Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 29 3. The mailing envelope which shall be received no later that the specified due date and time, includes the original copy of the Bid Security(ies) is sealed and marked with the Bid Number, Bid Title, the due date, and has been addressed to: CITY CLERK City of Edgewater 104 N. Riverside Drive Edgewater, Florida 32132 ☐ Please confirm *Response required 10.5. Standard Construction Agreement* Please upload a completed, signed copy of your Standard Construction Agreement here. *Response required 10.6. Reference Form* Please upload your completed reference form here. *Response required 10.7. Declaration Statement/Document Notification Affidavit* Dear Mayor and Council Members: The undersigned, as Bidder (herein used in the masculine, singular, irrespective of actual gender and number) declares that he is the only person interested in this bid or in the contract to which this bid pertains, and that this bid is made without connection or arrangement with any other person and this bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder further declares that he has complied in every respect with all the Instructions to Bidders issued prior to the opening of bids, and that he has satisfied himself fully relative to all matters and conditions with respect to the general condition of the contract to which the bid pertains. In addition, the Bidder acknowledges and affirms understanding and compliance with all additional requirements, forms, terms and conditions included in this solicitation document. The Bidder puts forth and agrees, if this bid is accepted, to execute an appropriate City document for the purpose of establishing a formal contractual relationship between him, and the City, for the performance of all requirements to which the bid pertains. The Bidder states that the bid is based upon the bid documents listed by ITB #TBD – Copy of YMCA – WIND RETROFIT PROJECT - REBID. By submitting a response to this solicitation, the Bidder acknowledges that they have legal authorization to contractually bind City of Edgewater, Florida. They further acknowledge that as part of this response to this solicitation, they have read and reviewed copies of the following documents/notifications, attached: Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 30 1. Conflict of Interest Affidavit 2. Drug Free Workplace Certification 3. Public Entity Crimes Statement 4. Immigration Laws Notification 5. Non -Collusion Affidavit of Prime Bidder 6. Employment Eligibility Verification System (E-Verify) Acknowledgement 7. Scrutinized Companies pursuant to FS Sections 287.135 and 215.473 8. No Lobbying Notification 9. Debarment and Suspension Certifications 10. Public Records Requirements I hereby swear or affirm that I have read and that I understand and accept all the requirements and regulations imposed by the above-referenced documents and that I acknowledge and accept that the above-referenced documents and all terms and conditions contained therein are included in the response to this solicitation. ☐ Please confirm *Response required 10.8. Vendor Information/Bidders Qualifications 10.8.1. Type of Firm* Please select the type of firm for your organization. ☐ Corporation ☐ Partnership ☐ Sole Proprietorship ☐ Other *Response required 10.8.2. Corporation - State* If firm is a corporation, please list state in which it is incorporated. If you did not select corporation, please type N/A. *Response required 10.8.3. Other* If you selected other, please list the type of firm. If you did not select other, please type N/A. Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 31 *Response required 10.8.4. Authorization* By submitting a response to this solicitation, the Bidder certifies that the firm is authorized to do business in the state of Florida. ☐ Please confirm *Response required 10.8.5. Years in Business* Please provide the number of years you have been in business under this firm. *Response required 10.8.6. Major Work* Please list major work presently under contract and include the following information for each item: Percentage of Completion Project Contract Amount *Response required 10.8.7. Current Projects* Please list current projects on which your firm is the candidate for award. *Response required 10.8.8. Project Completion* Have you, at any time, failed to complete a project? ☐ Yes ☐ No *Response required 10.8.9. State of Litigation* Are there any judgments, claims or suits pending or outstanding by or against you? ☐ Yes ☐ No *Response required 10.8.10. Additional Details* Invitation to Bid #TBD Title: Copy of YMCA – WIND RETROFIT PROJECT - REBID 32 If you answered yes to Project Completion and/or State of Litigation, submit details here. List all lawsuits that have been filed by or against your firm in the last five (5) years. *Response required 10.8.11. City Projects* List all work done on City projects in the past five (5) years, whether as an individual firm or as part of a joint venture. *Response required 10.8.12. Financial Information* Please provide the following information here: Bank(s) Maintaining Account(s) Surety/Underwriter (if required) *Response required 10.8.13. Vendor Acknowledgment* Pursuant to information for prospective Bidders for the above mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. ☐ Please confirm *Response required CONSTRUCTION CONTRACT ITB 21-PR-001 YMCA – Wind Retrofit Project - REBID (HMGP) DR-4337-78-R AGREEMENT CITY OF EDGEWATER VOLUSIA COUNTY, FLORIDA THIS AGREEMENT is made and entered into this ________ day of , 2021, by and between duly authorized to conduct business in the State of Florida and whose address is , hereinafter, called “CONTRACTOR” and the CITY OF EDGEWATER, a political subdivision of the State of Florida, whose address is 104 North Riverside Drive, Edgewater, FL 32132, hereinafter called “CITY”. WITNESSETH: The Owner and the Contractor, for the consideration stated herein, agree as follows: ARTICLE I. SCOPE OF WORK. The Contractor shall perform all required work and shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required to complete the construction of and all appurtenant work thereto, as described in the ITB 21-PR-001– YMCA – Wind Retrofit Project - REBID document. All work shall be in strict compliance with the drawings and specifications, including any and all Addenda, and together with all Contract Documents hereinafter enumerated and made a part thereof. It is understood and agreed that said labor, materials, tools, equipment and service shall be furnished and said work performed and completed subject to the approval of the Owner. Contractor shall bear the risk of loss for goods delivered under this Contract from the time of shipping to the City until delivered at the destination specified by the City for delivery. ARTICLE II. CONTRACT PRICE. The Owner shall pay the Contractor for performance of the work in accordance with the Contract Documents in current funds as follows: $ _____________________________ Figures _____________________________________________________ In Words Payment will be made at the unit prices listed in the attached ITB for the actual completed quantity of each item, subject to additions and deductions as provided for in the ITB. RETAINAGE. The City shall have the right to withhold retainage from Compensation paid to a Contractor Should the City decide that retainage shall be withheld from Compensation, the amount to be retained from each payment to the Contractor shall be: A. 5 % of each payment of a milestone payment based on a Project milestone schedule. (Per Florida Statue 218.735) B. No retainage will be taken. The City shall have the right to withhold retainage from Compensation paid to a Contractor. Should the City decide that retainage shall be withheld from Compensation; the amount to be retained from each payment to the Contractor shall be stated in the Work Order. The retainage shall be included with the final payment after all Work or Services for the Work Order have been approved and accepted by the City and all disputed invoices have been resolved by the parties. The City shall never be required to pay an amount that would leave unpaid from the contract price or Compensation an amount less than the amount City would need to have in order to pay another consultant to complete the Work or Services should Contractor fail to complete the Work in a Work Order remaining incomplete as of that date. ARTICLE III. CONTRACT TIME. The Contractor agrees to commence work within Thirty (30) days after the date of the Notice to Proceed letter/Issuance of Purchase Order and shall complete the work within Ninety (90) days consecutive calendar days thereafter or by June 2, 2021, whichever comes first. ARTICLE IV. INSPECTION BY CONTRACTOR. The undersigned Contractor agrees that he has carefully inspected all Contract Documents and is familiar with same; the Contractor agrees that he is responsible for having heretofore examined the site, the location and route of all the proposed work and for having satisfied himself as to the character of the route, the location, surface and under- ground obstructions and nature thereof, the nature of the ground water conditions and other physical characteristics of the work and work area in order that he may include in the prices which he has bid and the prices of the Contract, all costs pertaining to the work and thereby provide for the satisfactory completion thereof and determination of the Contract prices herein agreed upon, and that this Contract price is based upon these inspections and examination. ARTICLE V. LIQUIDATED DAMAGES. If the work is not completed within the time specified in Article III of this Contract, the Contractor shall pay the Owner, as liquidated damages, the sum of Five Hundred ($500.00) DOLLARS for each consecutive calendar day thereafter until the work is completed, and as outlined in the Supplemental General Conditions. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT. This Contract consists of the following Contract Documents, all of which are hereby made a part hereof as if herein set out in full and all of which are familiar to the Contractor: 1. Request for Bids – ITB #20-ES-004 (including all required forms) 2. Bid Proposal 3. Bid Bond Form 4. Public Entity Crime Affidavit 5. Construction Contract 6. Performance/Payment Bond 7. Certificate of Compliance - Insurance 8. Addenda ARTICLE VII. SEVERABILITY. Should any term, covenant, condition, provision or sentence or part thereof of this Contract, including all Contract Documents which comprise the entire agreement, be held invalid or unenforceable by any court of competent jurisdiction, the remaining terms and provisions shall nevertheless remain in full force and effect. ARTICLE VIII. CONSTRUCTION. The headings and subheadings used throughout the Contract Documents are for convenience only and have no other significance in the interpretation of the body of the Contract Document. ARTICLE IX. NOTICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered or certified United States mail, return receipts requested, addressed to the party for whom it is intended at the place last specified. The place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice, to-wit: For City: For Contractor: Robin L. Matusick, City Clerk , (Name, Title) City of Edgewater . (Company) 104 N. Riverside Drive (Address) Edgewater, FL 32132 (City, State, Zip) (386)424-2400 #1203 (Phone) ARTICLE X. RIGHTS AT LAW RETAINED. The rights and remedies of City, provided for under this Contract, are in addition and supplemental to any other rights and remedies provided by law. ARTICLE XI. CONTROLLING LAW, VENUE, ATTORNEY’S FEES. This Contract is to be governed, construed, and interpreted by, through and under the laws of Florida. Venue for any litigation between the parties to this Contract shall be in the County of Volusia, Florida and any trial shall be non- jury. Each party agrees to bear its own costs and attorney’s fees relating to any dispute arising under this Contract. ARTICLE XII. MODFICATIONS TO AGREEMENT. This Contract and any exhibits, amendments and schedules may only be amended, supplemented, modified or canceled by a written instrument duly executed by the parties hereto of equal dignity herewith. ARTICLE XIII. WAIVER OF JURY TRIAL. THE CITY AND CONTRACTOR HAVE SPECIFICALLY WAIVED THE RIGHT TO A JURY TRIAL CONCERNNG ANY DISPUTES WHICH MAY ARISE CONCERNING THIS AGREEMENT. ARTICLE XIV. NON-WAIVER. No indulgence, waiver, election or non-election by City under this Contract shall affect Contractor’s duties and obligations hereunder. ARTICLE XV. ASSIGNMENT. This Contract, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the opposite party and only by a document of equal dignity herewith. However, this Contract shall run to the Edgewater City Government and its successors. ARTICLE XVI. INDEPENDENT CONTRACTOR. It is the intent of the parties hereto that Contractor shall be legally considered an independent contractor and that neither Contractor nor its employees shall under any circumstances be considered employees or agents of the City and that the City shall be at no time legally responsible for any negligence on the part of Contractor, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, Contractor or corporation. ARTICLE XVII. NO THIRD-PARTY BENEFICIARIES. The agreements contained herein are for the sole benefit of the parties hereto and their successors and permitted assigns and no other party shall have the right to enforce any provision of this Contract or to rely upon the provisions of this Contract. ARTICLE XVIII. WARRANTY OF TITLE OF CONTRACTOR. Contractor warrants to the City that all goods and materials furnished under the Contract will be new unless otherwise specified and that Contractor possess good, clear, and marketable title to said goods and there are no pending liens, claims or encumbrances whatsoever against said goods. All work not conforming to these requirements, including substitutions not properly approved and authorized may be considered defective. If at any time there shall be evidence of any claim for which, if established, the City might become liable, and which may be chargeable to the Contractor, or if the Contractor shall incur any liability to the City, or the City shall have any claim or demand against the Contractor, of any kind or for any reason, whether related to or arising out of this Agreement or any other agreement between the Contractor and the City, and whether or not reduced to judgment or award, the City shall have the right to retain out of any payment due the Contractor, or which may become due to the Contractor, under this Contract or any other Contract between the Contractor and the City, an amount sufficient to indemnify the City against such claim, and/or to compensate the City for, and fully satisfy, such liability, claim or demand, and to charge or deduct all cost of defense or collection with respect thereto, including, but not limited to, reasonable attorneys' fees, expert consultant fees, and expert witness fees. Should any claim develop after final payment has been made, the Contractor shall refund to the City all monies that the latter may be compelled to pay in discharging such claims, or that the latter may have incurred in collecting said monies from the Contractor. ARTICLE XIX. TERMINATION FOR CONVENIENCE OF THE CITY. (a) The parties agree that the City may terminate this Contract, or any work or delivery required hereunder, from time to time either in whole or part, whenever the City Manager of Edgewater shall determine that such termination is in the best interest of the City. (b) Termination, in whole or in part, shall be effected by delivery of a Notice of Termination signed by the City Manager or his designee, mailed or delivered to the Contractor, and specifically setting forth the effective date of termination. (c) Upon receipt of such Notice, the Contractor shall: (i) cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice; (ii) place no further orders with any subcontractors except as may be necessary to perform that portion of this Contract not subject to the Notice; (iii) terminate all subcontracts except those made with respect to contract performance not subject to the Notice; (iv) settle all outstanding liabilities and claims which may arise out of such termination, with the ratification of the Finance Director of Edgewater; and (v) use best efforts to mitigate any damages which may be sustained by the Contractor as a consequence of termination under this clause. (d) After complying with the provisions of subparagraph (c), above, the Contractor shall submit a termination claim, in no event later than six (6) months after the effective date of termination, unless one or more extensions of three (3) months each are granted by the Finance Director. (e) The Finance Director, with the approval of the City Manager, shall pay from the using department's budget, reasonable costs of termination, including a reasonable amount for profit on supplies or services delivered or work completed. In no event shall this amount be greater than the original contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the supplies not delivered or the services not provided. This Contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. (f) In the event that the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Finance Director shall pay the Contractor the amounts determined as follows, without duplicating any amounts which may have already been paid under the preceding paragraph of this clause: (i) With respect to all Contract performance prior to the effective date of Notice of Termination, the total of: (1) the cost of work performed or supplies delivered; (2) the cost of settling and paying any reasonable claims as provided in paragraph (c) (iv), above; (3) a sum as profit on (a) determined by the Finance Director to be fair and reasonable. (ii) The total sum to be paid under (i) above shall not exceed the contract price, as further reduced by the contract price of work or supplies not terminated. (g) In the event that the Contractor is not satisfied with any payments which the Finance Director shall determine to be due under this clause, the Contractor may appeal any claim to the City Council in accordance with Paragraph 24 of this contract concerning disputes. ARTICLE XX. TERMINATION FOR CONVENIENCE OF THE SUBCONTRACTORS. In accordance with the termination for the convenience of the City provision of this contract, the Contractor shall include similar provisions in any subcontract, and shall specifically include a requirement that subcontractors make all reasonable efforts to mitigate damages which may be suffered. Failure to include such provisions shall bar the Contractor from any recovery from the City whatsoever of loss or damage sustained by a subcontractor as a consequence of termination for convenience. ARTICLE XXI. TERMINATION FOR DEFAULT. Either party may terminate this Contract, without further obligation, for the default of the other party or its agents or employees with respect to any agreement or provision contained herein. In the event of default by the Contractor, the City reserves the right to procure the item(s) bid from other sources and holds the bidder responsible for excess costs incurred as a result. ARTICLE XXII. EXAMINATION OF RECORDS. (a) The Contractor agrees that the City, or any duly authorized representative, shall, until the expiration of five (5) years after closeout of the FEMA grant , have access to and the right to examine and copy any pertinent books, documents, papers and records of the Contractor involving transactions related to this Contract. (b) The Contractor further agrees to include in any subcontract for more than $10,000 entered into as a result of this Contract, a provision to the effect that the subcontractor agrees that the City or any duly authorized representative shall, until the expiration of five (5) years after closeout of the FEMA grant under the subcontract, have access to and the right to examine and copy any pertinent books, documents, papers and records of such contractor involved in transactions related to such subcontract, or this Contract. The term subcontract as used herein shall exclude purchase orders for public utility services at rates established for uniform applicability to the general public. (c) The period of access provided in subparagraphs (a) and (b) above for records, books, documents and papers which may relate to any arbitration, litigation, or the settlement of claims arising out of the performance of this contract or any subcontract shall continue until any appeals, arbitration, litigation or claims shall have been finally disposed of. ARTICLE XXIII. MODIFICATIONS OR CHANGES TO THIS CONTRACT. (a) Change Orders. The Department Head, with the concurrence of the City’s signatory as required by the City’s Purchasing Policy, shall without notice to any sureties, have the authority to order changes in this Contract which affect the cost or time of performance. Such changes shall be ordered in writing specifically designated to be a change order. Such orders shall be limited to reasonable changes in the services to be performed or the time of the performance. The City will not be held liable for any changes which have not been properly authorized and approved in accordance with this Contract. (b) If any change under this clause causes an increase or decrease in Contractor's cost of, or time required for the performance of the work hereunder, Contractor shall receive an equitable adjustment in accordance with subparagraph (d), which shall include all compensation to the Contractor, or the City, of any kind in connection with such change, including all costs and damages related to or incidental to such change. (c) Contractor need not perform any work described in any change order unless it has received a certification from the City that there are funds budgeted and appropriated sufficient to cover the cost of such changes. (d) No claim for changes ordered hereunder shall be considered if made after final payment in accordance with the Contract. ARTICLE XXIV. SOVEREIGN IMMUNITY. The City expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in any section of this Contract to the contrary, nothing in this Contract shall be deemed as a waiver of immunity or limits of liability of the City beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature and the cap on the amount and liability of the City for damages regardless of the number or nature of claims in tort or equity shall not exceed the dollar amount set by the legislature for tort. Nothing in this Contract shall inure to the benefit of any third party for the purpose of allowing any claim against the City which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law. ARTICLE XXV. LIABILITY FOR LOSS OR DAMAGE. (a) Contractor shall be liable for any loss of, or damage to, City property caused by the negligence, recklessness, or intended wrongful misconduct of Contractor, his/its agents, servants and employees and shall indemnify and save the City harmless against all actions, proceedings, claims, demands, costs, damages and expenses, including attorney's fees, by reason of any suit or action brought for any actual or alleged injury to or death of any person or damage to property other than City property, resulting from the performance of the Contract by Contractor, his/its agents, servants and employees. Contractor shall submit a full written report to the Finance Director within twenty-four (24) hours following the occurrence of such damage, loss or injury. (b) To the fullest extent permitted by law, in addition to the express duty to indemnify City when there is any causal connection between Contractor's work and any injury, loss, damage, death or property damage, Contractor expressly undertakes a duty to defend City as a separate duty, independent of and broader than the duty to indemnify. The duty to defend agreed to by Contractor hereby expressly include all costs of litigation, attorney’s fees, settlement costs and reasonable expenses in connection with the litigation, whether or not the claims made for loss, injury, damage or property damage are valid or groundless and regardless of whether the defense of City is maintained by the City or assumed by Contractor as long as the claims made could be causally connected to Contractor as reasonable determined by City. ARTICLE XXVI. NON-DISCRIMINATION. During the performance of this Contract, Contractor agrees as follows: (a) Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, disability, marital status, age or national origin, except where such is a bona-fide occupational qualification reasonably necessary to the normal operation of Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. Contractor agrees and fully supports and complies with the Americans with Disabilities Act of 1990. (b) Contractor shall state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor is an equal opportunity employer. (c) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient compliance with this provision. Contractor shall include the provisions of the foregoing subparagraphs (a), (b), and (c) in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor. ARTICLE XXVII. DISPUTES. The City Manager, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to Contractor, shall decide disputes with respect to this Agreement. The decision by the City Manager shall be final and binding unless, within five (5) business days from the date of delivery of the decision of the City Manager, appeal is made to the City Council in writing and delivered to the City Clerk, Robin Matusick. The decision of the City Council shall be final and binding unless set aside by a court of competent jurisdiction as fraudulent, capricious, arbitrary, or so grossly erroneous as necessary to imply bad faith, or not to be supported by any evidence. ARTICLE XXVIII. FORCE MAJEURE. Neither party shall be liable for any delay in performance or failure to perform any obligation hereunder if, and to the extent that, such failure or delay is caused by an event of Force Majeure. Force Majeure shall mean any act, event or condition that is beyond the party’s reasonable control, that materially and adversely affects the party’s ability to perform its obligations hereunder, and that is not the result of the party’s willful neglect, error, omission or failure to exercise reasonable due diligence. ARTICLE XXIX. CONTROLLING LAW. This agreement contains important matters affecting legal rights and is accepted and entered into in Florida and any question regarding its validity, construction, enforcement of performance shall be governed by Florida Law. Any legal proceeding arising from or in any way regarding the agreement shall have its venue located exclusively in the Circuit Court of Volusia County, Florida and the parties hereby expressly consent and submit themselves to the personal jurisdiction and venue of the court. ARTICLE XXX. COMPLIANCE WITH OTHER FEDERAL STANDARDS. (a) Compliance with Federal Laws, Regulations and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to fund the agreement. The Contractor will comply with all applicable federal laws, regulations, and Executive Orders, including FEMA policies, procedures, and directives. The Contractor shall comply with all uniform administrative requirements, cost principles, and audit requirements for federal awards. Contractor shall ensure that all subcontracts comply with FEMA. (b) Fraud and False or Fraudulent or Related Acts. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractors’ actions pertaining to this agreement. (c) Drug Free Workplace Requirements: Drug-free workplace requirements in accordance with Drug Free Workplace Act of 1988 (Pub l 100-690, Title V, Subtitle D). All contractors entering into Federal funded contracts over $100,000 must comply with Federal Drug Free workplace requirements as Drug Free Workplace Act of 1988. The Contractor shall comply with this requirement. (d) Mandatory Disclosures: The Contractor must disclose in writing all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. (e) Utilization of Minority and Women Firms (M/WBE): The Contractor must take all necessary affirmative steps to assure that small, minority, and women-owned businesses are utilized when possible, in accordance with 2 CFR 200.321. If subcontracts are to be let, prime contractor will require compliance of this provision by all sub-contractors. Prior to contract award, the Contractor shall document efforts to assure that such businesses are solicited when there are potential sources; that the Contractor made an effort to divide total requirement, when economically feasible, into smaller tasks or quantities to permit maximum participation by such businesses; and, that the Contractor has established delivery schedules, where permitted, to encourage such businesses to respond. Contractor and sub-contractor shall utilize service and assistance from such organizations as SBA, Minority Business Development Agency of the Department of Commerce, the Florida Department of Management Services (Office of Supplier Diversity), the Florida Department of Transportation, Minority Business Development Center, and Local Government M/DBE programs, available in many large counties and cities. Documentation, including what firms were solicited as suppliers and/or sub-contractors, as applicable, shall be included with the bid proposal. (f) Equal Employment Opportunity: (i) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (iv) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Contractor will furnish all information and reports required byExecutive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vi) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (vii) The Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Contractor under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such contractor; and refer the case to the Department of Justice for appropriate legal proceedings. (g) Davis-Bacon Act: If applicable to this contract, the Contractor agrees to comply with all provisions of the Davis Bacon Act as amended (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29C.F.R. pt. 5 as may be applicable. Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor must be required to pay wages not less than once a week. This contract was conditioned upon the acceptance of the Department of Labor Wage Determination. (h) Copeland Anti Kick Back Act: (i) Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3, if applicable, which are incorporated by reference into this contract. (ii) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (iii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. § 5.12. (i) Contract Work Hours and Safety Standards Act: (i) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (i) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (i) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (i) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (ii) of this section. (iv) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (i) through (iv) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (i) through (iv) of this section. (j) Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251– 1387) as amended. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (k) Debarment and Suspension (Executive Orders 12549 and 12689): A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Contractor agrees to include a provision requiring such compliance in its lower tier covered transactions and subcontracts. The Contractor shall certify compliance. (l) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. Contractor agrees to comply with this provision. Contractor shall file the required certification. (m) Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of ‘‘funding agreement’’ under 37 CFR § 401.2 (a) and the Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that ‘‘funding agreement,’’ the Contractor must comply with the requirements of 37 CFR Part 401,‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency. (n) Procurement of Recovered Materials: Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) competitively within a timeframe providing for compliance with the contract performance schedule; (ii) meeting contract performance requirements; or (iii) at a reasonable price. Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg- program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. (o) Access to Records and Reports: The Contractor agrees to provide City, Recipient (if applicable), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. (p) Record Retention: Contractor will retain all required records pertinent to this contract for a period of five years after closeout of the FEMA grant, beginning on a date as described in 2 C.F.R. §200.333 and retained in compliance with 2 C.F.R. §200.333. This provision is supplemental to other provisions in this Agreement. (q) Federal Changes: Contractor shall comply with all applicable Federal agency regulations, policies, procedures and directives, including without limitation those listed directly or by reference, as they may be amended or promulgated from time to time during the term of the contract. (r) Safeguarding Personal Identifiable Information: Contractor will take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive by the awarding agency or is considered sensitive consistent with applicable Federal, State and/or local laws regarding privacy and obligations of confidentiality. (s) DHS Seal, LOGO, and Flags: The Contractor shall not use the Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval. (t) No Obligation by Federal Government The Federal Government is not a party to this agreement and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. ARTICLE XXXI. AUTHORITY TO SIGN. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date written above for execution by CITY. WITNESSES: CITY OF EDGEWATER _____________________________ __________________________________ Glenn A. Irby, City Manager _____________________________ WITNESSES: _________________________________ Bonnie Brown, City Clerk Dated: ___________________________ (Firm Name) ______________________________ ______________________________ By: ________________________________ (Authorized Officer) ______________________________ Dated:______________________________ Approved by the City Council of the City of Edgewater at a meeting held on this _____ day of ______________, 2021 under Agenda Item No. ________. REFERENCES FORM Provide a listing of all previous customers during the past five years for all work of similar size and scope (see Submittal Requirements – References of this solicitation). Use additional pages if needed. 1. Name of Company: Address: Point of Contact: Phone #: Service(s) Provided: Dates of Service: 2. Name of Company: Address: Point of Contact: Phone #: Service(s) Provided: Dates of Service: 3. Name of Company: Address: Point of Contact: Phone #: Service(s) Provided: Dates of Service: 4. Name of Company: Address: Point of Contact: Phone #: Service(s) Provided: Dates of Service: 5. Name of Company: Address: Point of Contact: Phone #: Service(s) Provided: Dates of Service: SUBCONTRACTOR LIST Contractor shall list sub-contractors and specific work that they will be responsible for. Sub- contractors listed may not be substituted after award without approval. Prime and all sub-contractor team firms must be licensed to do business in the State of Florida and must provide Business License with bid. The bidder has fully investigated each subcontractor listed and has in their file evidence each subcontractor has engaged successfully in their line of work for a reasonable period of time, that they maintain a fully equipped organization capable, technically and financially, of performing the work required, and that they have made similar installations in a satisfactory manner. Subcontractor/ Company Name Scope of subcontracted services Anticipated percentage of 1 Attachment “A” Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to protect the YMCA facility located in Edgewater, Volusia County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-78-R, as approved by the Florida Division of Emergency Management {Division) and the Federal Emergency Management Agency {FEMA). The Sub-Recipient, City of Edgewater agrees to administer and complete the project per scope of work as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub- Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations and Codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the City of Edgewater proposes to protect the YMCA facility located at 148 W. Turgot Avenue, Edgewater Florida 32132. GPS Coordinates 28.980619, -80905602. The mitigation measure will involve a hurricane wind retrofit that includes the removal of existing exterior windows, doors and louvers at this facility, and the installation of hurricane rated windows, doors and louvers as specified. This proposal also includes the removal of the existing roof and the installation of a metal roof system in compliance with current Code. Wind protections shall be provided on any other opening such as vents, louvers and exhaust fans. All installations will be in strict compliance with the Florida Building Code or Miami Dade Specifications and all materials will be certified to meet wind and impact standards. The local municipal or county building department will inspect and certify installation according to the manufacture specification. The project shall provide protection against 150 MPH winds or the wind speed protection and impact requirements indicated by the effective Florida Building Code at the time permits are issued. TASKS & DELIVERABLES: A) Tasks: 1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub-Recipient's procurement policy as well as all Federal and State Laws and Regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per sealed engineering designs and 2 construction plans presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub-Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub-Recipient. The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub-Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub-Recipient shall monitor and manage the procurement and installation of all opening protection products in accordance with the HMGP application and associated documentation as presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient shall ensure that all applicable State, Local and Federal Laws and Regulations are followed and documented, as appropriate. The project shall protect the structure from windblown debris resulting from high wind storms which shall allow the function of the structures to continue following a severe wind event. The Sub-Recipient shall fully perform the approved project, as described in the application, in accordance with the approved scope of work indicated herein, the estimate of costs indicated herein, the allocation of funds indicated herein, and all applicable terms and conditions. The Sub-Recipient shall not deviate from the approved project terms and conditions. Upon completion of the work, the Sub-Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county building department (official), or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer’s specifications. Any deficiencies found during this final inspection shall be corrected by the Sub-Recipient prior to Sub-Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation shall include: 3 a) Copy of permit(s), notice of commencement. b) Local Building Official Inspection Report and Final Approval. c) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. d) Pursuant to subsection 553.896(2), Florida Statutes, projects including the construction of new or retrofitted window or door coverings must conform to design drawings that are signed, sealed, and inspected by a structural engineer who is registered in this state. The Sub- Recipient shall provide an inspection report and attestation or a copy of the signed and sealed plans to the Division before payment will be made. e) Proof of compliance with Project Conditions and Requirements contained herein. 3) During the course of this agreement the Sub-Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory condit ions, and that reimbursement is due and has not been previously requested. The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub-Recipient shall pre-audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. 4 Review and approval of any third party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub-Recipient. Quarterly Reports shall be submitted by the Sub- Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, and plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub-Recipient's final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of providing protection to the YMCA Facility, located in Edgewater, Florida 32312, by removal of the existing door, windows and roof and replacing with new secure doors, windows, and metal roof. The structure shall be hardened to the required Florida Building Code requirements. Protection shall be provided on all exterior openings, such as doors, windows, skylights, vents, louvers and exhaust fans on the structures. The project shall provide protection against 150 MPH winds or the wind speed pr otection and impact requirements indicated by the effective Florida Building Code at the time permits are issued. Pursuant to subsection 553.896(2) , Florida Statutes, projects including the construction of new or retrofitted window or door coverings must conform to design drawings that are signed, sealed , and inspected by a structural engineer who is registered in this state. The Sub-Recipient shall provide an inspection report and attestation or a copy of the signed and sealed plans to the Division before payment will be made. Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub-Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub-Recipient shall provide a copy of the Notice of Commencement, and any local official 5 Inspection Report and/or Final Approval, as applicable. 3) The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. 4) All installations shall be done in strict compliance with the Florida Building Code or Miami Dade Specifications. All materials shall be certified to meet or exceed the wind and impact standards of the current local codes. 5) Product Specifications documentation satisfying protection requirements for all products utilized shall be provided to the Division for closeout. 6) The Sub-Recipient shall follow all applicable State, Local and Federal Laws, Regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. Glazing in structures shall be impact resistant or protected with an impact resistant covering meeting the requirements of SSTD 12, ASTM E 1886 and ASTM E 1996, ANSI/DASMA 115 (for garage doors and rolling doors) or Miami-Dade TAS 201, 202 and 203 or AAMA 506 referenced therein as follows: a) Glazed openings located within 30 feet (9.1 m) of grade shall meet the requirements of the Large Missile Test. b) Glazed openings located more than 30 feet (9.1 m) above grade shall meet the provisions of the Small Missile Test. c) Louvers protecting intake and exhaust ventilation ducts not assumed to be open that are located within 30 feet (9144 mm) of grade shall meet requirements of the Large Missile Test. Impact-resistant coverings shall be tested at 1.5 times the design pressure (Positive or Negative) expressed in pounds per square feet as determined by the Florida Building Code, Building Section 1609, for which the specimen is to be tested. 7) The local municipal or county building department shall inspect the installation according to the manufacturer's specification and ensure that the above referenced standards have been met; documentation shall be provided to the Division for closeout. 8) The materials and work funded pursuant to this Sub-grant Agreement are intended to decrease the vulnerability of the structure to property losses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural or manmade disaster. 9) The funding provided by the Division under this subaward shall compensate for the materials, labor and fees for the hardening activities as a retrofit measure for the Sub-Recipient's structures to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. The funding of this project by the Division does not confer or imply any warranty of use or suitability for the work performed pursuant to this agreement. The State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable quality. 10)This project has not been evaluated by the criteria contained in the standards of the Department of Homeland Security, Federal Emergency Management Agency guidance manual FEMA 361- Design and Construction for Community Shelter, and thus does not provide "near absolute 6 protection". It is understood and agreed by the Division and the Sub-Recipient that the structure may have vulnerabilities due to age, design and location that may result in damage to the structure from wind events even after the installation of the mitigation measures funded under thi s Sub- grant Agreement. It is further understood and agreed by the Division and the Sub-Recipient that the level of wind protection provided by the mitigation action, although meeting State standards and codes and enhancing the structural integrity of the structure, does not ensure the safety or survival of occupants. D) Environmental: 1) The Sub-Recipient shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If project is delayed for a year or mo re after the date of the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies must be redone. 2) Any change, addition or supplement to the approved mitigation measure or scope of work that alters the project (including other work not funded by FEMA, but done substantially at the same time) shall require resubmission to the Division and FEMA for revaluation of compliance with the National Environmental Protection Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA) prior to initiation of any work. Non-compliance with these requirements may jeopardize FEMA's ability to fund this project. A change in the scope of work shall be approved by the Division and FEMA in advance regardless of the budget implications. 3) If any ground disturbance activities occur during construction, the Sub-Recipient shall monitor ground disturbance during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. 4) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub-Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) The Sub-Recipient must "obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13{c)], from the Division and FEMA. 4) Project is approved with the condition that the enclosed list of deliverables shall be sub mitted 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA for closeout. 5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the 7 expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted along with substantiation of new expiration date and a new schedule of work to the Division, a minimum of seventy (70) days prior to the expiration date , for Division processing to FEMA. 6) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other form of assistance , as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 7) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. This is FEMA project number 4337-78-R. It is funded under HMGP, FEMA-4337-DR-FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4337 FEMA awarded this project on February 22, 2019: this Agreement shall begin upon execution by both parties, and the Period of Performance for this project shall end on June 30, 2021. F) FINANCIAL CONSEQUENCES: If the Sub-Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub-Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2021-O-01,Version:1 COUNCIL AGENDA ITEM SUBJECT: Second Reading Ordinance 2021-O-01 Chapter 12 Offense Section 12-2 Trespassing DEPARTMENT: Police Department SUMMARY: Amend Chapter 12,Section 12-2 Trespassing to permit the Chief of Police and the City Manager to rescind trespass warnings in which the complainant is the City of Edgewater.The Chief of Police and the City Manager must concur to rescind the trespass warning.Additionally,eliminates the 10 day requirement to file an appeal after being issued a trespass warning. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Recommend City Council approval. City of Edgewater Printed on 1/22/2021Page 1 of 1 powered by Legistar™ Struck through passages are deleted. 1 Underlined passages are added. #2021-O-01 ORDINANCE NO. 2021-O-01 AN ORDINANCE AMENDING AND RESTATING CHAPTER 12 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE I (IN GENERAL) BY AMENDING SECTION 12-2 (TRESPASS WARNINGS ON PUBLIC PROPERTY AND OTHER PROPERTY GENERALLY OPEN TO THE PUBLIC); OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. It is necessary for the preservation and enhancement of the public health, safety and welfare and in the best interest of the city and its citizens to amend Chapter 12 (Offenses and Miscellaneous Provisions), Article I (In General) of the Code of Ordinances by amending Section 12-2 (Trespass warnings on public property and other property generally open to the public). NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida: PART A. AMEND CHAPTER 12 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE I (IN GENERAL) BY AMENDING SECTION 12-2 (TRESPASS WARNINGS ON PUBLIC PROPERTY AND OTHER PROPERTY GENERALLY OPEN TO THE PUBLIC), OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA Chapter 12 (Offenses and Miscellaneous Provisions), Article I (In General) Section 12-2 (Trespass warnings on public property and other property generally open to the public) is amended pursuant to Exhibit “A”, which is attached 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, such holding shall not affect the remaining portions of this ordinance. If this Struck through passages are deleted. 2 Underlined passages are added. #2021-O-01 ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, 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 re-lettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE This ordinance shall take effect upon adoption. PART F. ADOPTION After Motion to approve to include changing paragraph i (14) to read "... police chief and city manager..." by Councilwoman Power, with Second by Councilwoman O’Keefe, the vote on the first reading of this ordinance held on January 11, 2021, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilwoman Megan O’Keefe X Councilman Jonah Powers X Struck through passages are deleted. 3 Underlined passages are added. #2021-O-01 After Motion to approve by ____________________________________ with Second by ______________________________________________ the vote on the public hearing/second reading of this ordinance held on February 1, 2021 was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilwoman Megan O’Keefe Councilman Jonah Powers PASSED AND DULY ADOPTED this 1st day of February, 2021. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Bonnie Brown, CMC Mike Thomas City Clerk Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe, & Yoon Approved by the City Council of the City of Edgewater at a meeting held on this 1st day of February, 2021 under Agenda Item #8_____ Struck through passages are deleted. 4 Underlined passages are added. #2021-O-01 EXHIBIT “A” CHAPTER 12 (OFFENSES AND MISCELLANEOUS PROVISIONS) ARTICLE I (IN GENERAL) Sec. 12-2. Trespass warnings on public property and other property generally open to the public. (a) The City Manager and officers of the City of Edgewater Police Department are authorized to issue a trespass warning to any individual who violates any city ordinance, rule or regulation, or state law, which violation was committed while on or within a city facility, building, or outdoor area, including municipal parks, but excluding public right-of-ways. The trespass warning shall be limited to the specific property where the violation occurred. (b) For the purpose of this section, “right-of-way” shall only include those sidewalks which are adjacent to a paved street, provided that the street-side edge of the sidewalk is within 20 feet of the curb line. (c) Trespass warnings shall be issued as follows: (1) For the first violation, the individual may be issued a trespass warning for a period not to exceed one year. (2) For a second or subsequent violation, the individual may be issued a trespass warning for a period not to exceed two years. (d) A copy of the trespass warning shall be provided by mail or hand delivery to the individual given the warning. The written trespass warning shall advise the individual of the right to appeal and the location at which to file the appeal. (e) Any person found on or within any city facility, building, or outdoor area, including municipal parks, in violation of a trespass warning may be arrested for trespassing, except as otherwise provided in this section. (f) The City Manager may, upon written request, authorize an individual who has received a trespass warning to enter the property or premises to exercise his or her First Amendment rights if there is no other reasonable alternative location to exercise such rights or to conduct necessary municipal business. Such authorization must be in writing, shall specify the duration of the authorization and any conditions thereof, and shall not be unreasonably denied. (g) This section shall not be construed to limit the authority of any city employee or official to issue a trespass warning to any person for any lawful reason for any city property, including right-of-ways when closed to general vehicular or pedestrian use, when necessary or appropriate in the sole discretion of the city employee or official. (h) This section shall not be construed to limit the authority of officers of the City of Edgewater Police Department to cite or arrest individuals for violating any section of the City of Edgewater Code of Ordinances or the Florida Statutes. Struck through passages are deleted. 5 Underlined passages are added. #2021-O-01 (i) Appeal of trespass warning. A person to whom a trespass warning is issued under this section shall have the right to appeal as follows: (1) An appeal of the trespass warning must be filed, in writing, within ten (10) days of the issuance of the warning, and shall include the appellant’s name, address and phone number, if any. No fee shall be charged for filing the appeal. (2) The appeal shall be filed at the location specified in the trespass warning. (3) Appeals shall be heard by the Special Magistrate with whom the city contracts to provide this service. (4) Within five (5) days following the filing of the appeal, the Special Magistrate shall schedule a hearing. Notice of the hearing shall be provided to the appellant in the following ways: (a) By posting the notice at the City of Edgewater City Hall, and (b) By mail if an address has been provided. In the event of non-delivery, then the notice posted at the City of Edgewater City Hall shall be sufficient. (5) The Special Magistrate shall hold the hearing as soon as possible. In no event shall the hearing be held sooner than seven (7) days following the filing of the appeal and no later than thirty (30) days from the filing of the appeal. (6) Copies of documents in the city’s control which are intended to be used at the hearing, and which directly relate to the issuance of the trespass warning to the appellant, shall be made available upon request to the appellant at no cost. (7) The appellant and the city shall have the right to attend the hearing with an attorney, the right to testify, to call witnesses, to cross-examine witnesses and to present evidence. The appellant shall have the right to have a court reporter present at the hearing, at his or her own expense. (8) The Special Magistrate shall consider the testimony, reports or other documentary evidence, and any other evidence presented at the hearing. Formal rules of evidence shall not apply, but fundamental due process shall govern the proceedings. (9) The city shall bear the burden of proof by clear and convincing evidence that the trespass warning was properly issued pursuant to the criteria of this section. (10) If the appellant fails to attend a scheduled hearing, the Special Magistrate shall review the evidence presented and determine if the trespass warning was properly issued pursuant to the criteria for this section. (11) Within five (5) days of the hearing, the Special Magistrate shall issue a written decision on the appeal, including findings of fact, based on evidence of record and conclusions of law, which shall be mailed to the appellant at the address provided. If no address is provided, a copy of the decision shall be posted at the City of Edgewater City Hall. (12) The decision of the Special Magistrate shall be final and the appellant shall be deemed to have exhausted all administrative remedies. Such decision may be subject to judicial review in the manner provided by law by the appellant. The city may not appeal any decision of the Special Magistrate. (13) The trespass warning shall remain in effect during the appeal and review process, including any judicial review. (14) The Chief of Police and/or City Manager have the authority to rescind a trespass warning issued in which the City of Edgewater is the complainant. The rescinding of the trespass warning may occur prior to the appeal hearing with the Special Magistrate. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2021-5205,Version:1 COUNCIL AGENDA ITEM SUBJECT: Police Pension Board - Ratification of Charles Geiger’s appointment. DEPARTMENT: Police Pension Board SUMMARY: The Police Pension Board consists of five (5)members,one of which is appointed by the Board of Trustees and ratified by the City Council as a ministerial duty.At their regular meeting of December 14,2020,the Board appointed Charles Geiger to fill the seat left vacant by Lawrence Leaf.Mr.Geiger’s term will expire on December 4, 2022. BUDGETED ITEM:☐ Yes ☐ No ☒Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to ratify the appointment of Charles Geiger to the Police Pension Board for a term expiring on December 4, 2022. City of Edgewater Printed on 1/22/2021Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2021-5207,Version:1 COUNCIL AGENDA ITEM SUBJECT: SA-2101:Carol Ann Jeronimo requesting approval of the waiving of the associated fees and requirements regarding alcohol sales and/or consumption for the Rotary Club of Edgewater and Edgewater Family Fest Kickoff Event Special Activity Permit to be held on February 4, 2021 at Hawks Park. DEPARTMENT: Development Services SUMMARY: Ms.Jeronimo has requested a Special Activity Permit for a special event to be held on February 4,2021 at Hawks Park.The event will consist of a kick-off event to promote the Edgewater Business Expo on March 6, 2021. The City is a cosponsor of the event. Attendance for the event is not expected to exceed 100 people.Hours of operation are to be 5:30 pm to 7:30 pm and outdoor music is proposed. Ms.Jeronimo is requesting all City fees associated with the event be waived including the Special Activity Permit fee and restrictions regarding on-site alcohol sales and/or consumption. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve the waiver of all Special Activity Permit related fees and restrictions regarding on-site alcohol sales and/or consumption. City of Edgewater Printed on 1/27/2021Page 1 of 1 powered by Legistar™ Edgewater Family Fest Kick-Off February 4, 2021 Site Plan SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 01/26/2021 AA Armstrong Agency LLC 1 Pelican Dr Ste C Edgewater FL 32141 Joan Cox (386) 427-6830 (386) 427-1824 stephanie@aaarmstronginsurance.com Edgewater Expo Inc 1108 S Ridgewood Ave Edgewater FL 32132 USLI A Directors & Officers NDO1574157C 08/15/2020 08/15/2021 1,000,000 1,000,000 City of Edgewater 104 North Riverside Dr. Edgewater FL 32132