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05-02-2022City 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, May 2, 2022 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 Proclamation - Professional Municipal Clerks Weeka. Municpal Clerks WeekAttachments: 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. Page 1 City of Edgewater Printed on 4/25/2022 May 2, 2022City Council Meeting Agenda Approval to piggyback of City of Port Orange contract with Brown and Brown for Broker Services for Employee Insurance. a. 03.27.2021 - 03.27.2024 brown and brown contract Final RFP PO Attachments: Request approval of an emergency purchase for the replacement of damaged reclaimed water main near 17th Street and Pine Tree Drive b. Florida Shores - ReclaimAttachments: Park Avenue Booster Pump Station Rehabc. EW PABS Proposal Scope to City 4.1.22Attachments: Lift Station 11 Rehabilitationd. LS 11 Rehab ProposalAttachments: Requesting award and approval for the City Manager to execute contracts for the Appraisal and Review Appraisal Services for the Hart Avenue Drainage and Water Main Improvements project to Pomeroy Appraisal in the amount of $20,200 for the Prime Appraisal and to Kroll, LLC in the amount of $13,500 for the Review Appraisal per terms and Conditions set forth in ITB 22-ES-04. e. ITB 22-GS - 04 bid document Pomeroy - PROFESSIONAL_SERVICES_AGREEMENT Pomeroy Pomeroy - Declaration_statement_ Pomeroy - Proposal Document Report (9) Kroll - Professional_Services_Agreement Kroll_Declaration_Statement Kroll - Proposal Document Report Attachments: Bus Bench Agreement - Waverly Media - Addendum #2f. 2022 jan 3 Waverly Bus Bench letter 2022 March 18 Bus Bench Agreement with Waverly Media Ext to 2027 Bus Bench Listing - 2012 Creative Outdoor Proposal 2022 Attachments: Southeast Volusia Regional Crisis Negotiations Team (SEVRNT) Mutual Aid Agreement g. SEVRNT Mutual Aid AgreementAttachments: Continuous Monitoring Equipment for the Wastewater Facilityh. Hach Quote WWTP 2022-03-14.pdfAttachments: Page 2 City of Edgewater Printed on 4/25/2022 May 2, 2022City Council Meeting Agenda 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS 2nd Reading - Ordinance No. 2022-O-04 - Joseph Smith, requesting annexation of .32± acres of land located at 153 N. Cory Drive a. 2022-O-04 153 n cory-SMITH SP_8412-05-00-0280 Aerial_8412-05-00-0280 Survey Attachments: 2nd Reading - Ordinance No. 2022-O-05 - Joseph Smith, requesting an amendment to the Future Land Use Map to include .32± acres of land located at 153 N. Cory Drive as Low Density Residential. b. 2022-O-05 153 n cory CPA SP_8412-05-00-0280 Aerial_8412-05-00-0280 FLU_8412-05-00-0280 Survey Attachments: 2nd Reading - Ordinance No. 2022-O-06 - Joseph Smith, requesting an amendment to the Official Zoning Map to include .32± acres of land located at 153 N. Cory Drive as R-3 (Single Family Residential) c. 2022-O-06 153 n cory RZ SP_8412-05-00-0280 Aerial_8412-05-00-0280 Zoning_8412-05-00-0280 Survey Attachments: 1st Reading - Ordinance No. 2022-O-11 - Fire Services Special Assessmentd. 2022-O-11 - Fire AssessmentAttachments: Resolution No. 2022-R-08; amending the required number of board members and quorum of the Environmental Advisory Board. e. 2022-R-08Attachments: 9. BOARD APPOINTMENTS None at this time 10. OTHER BUSINESS Page 3 City of Edgewater Printed on 4/25/2022 May 2, 2022City Council Meeting Agenda SD-2201 - Cody Bogart, requesting Preliminary Plat approval for Riverfront Estatesa. Plat 4.12.21 SP_8538-10-00-0290 Aerial_8538-10-00-0290 Attachments: SP-2201 - James Hodges, requesting site plan approval for indoor and outdoor storage on property land located at 4175 S. Ridgewood Avenue b. site plan SP_8537-11-00-0050 Aerial_8537-11-00-0050 Attachments: Police Vehicle Purchasec. 41822 2022 F150 W1P CREW CAB WORKSHEET 41822 2022 GAS K8A K9 UTILITY WORKSHEET 41822 2022 GAS K8A UTILITY WORKSHEET 41822 2022 K8A INTERCEPTOR INT UPGADE PACKAGE WORKSHEET Attachments: Acceptance of a Real Property Donation from Volusia Countyd. Deed - Parcel#7433-10-00-2200 Liddle Chiropractic Attachments: Purchase of New Garbage Trucke. RPRQ1364-01 rdk new unitAttachments: American Rescue Plan (ARPA) – Use of Fundsf. 11. OFFICER REPORTS a.City Clerk b.City Attorney c.City Manager 12. CITIZEN COMMENTS 14. ADJOURN Page 4 City of Edgewater Printed on 4/25/2022 May 2, 2022City Council Meeting Agenda 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 Zlotnik, 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 5 City of Edgewater Printed on 4/25/2022 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2022-0071,Version:1 COUNCIL AGENDA ITEM SUBJECT: Approval to piggyback of City of Port Orange contract with Brown and Brown for Broker Services for Employee Insurance. DEPARTMENT: Finance SUMMARY: In July,2017,the city broadcast a Request for Proposal for Insurance Agent/Broker Services and Council awarded the contract to Brown and Brown for a three year term with two (2)one year renewal options,which were subsequently executed on September 14,2020 and May 3,2021.No additional renewal options are available. Per Purchasing Policy,the City may piggyback on active current agreements and contracts from other governmental entities when competitive bid procedures have been followed and the guidelines utilized by that entity are the same or more stringent than the City’s guidelines.All conditions of the agreement or contract must be met. The City of Port Orange broadcast a Request for Proposals (RFP 21-04 -Broker Services for Employee Insurances)and awarded the contract to Brown and Brown Insurance.The term of the contract is for three years,expiring on May 4,2024,with two (2)one year options to renew.The contract fee is $58,000 annually, which is $1,500 less than the contract the City current has with Brown and Brown. The current contract expires on December 31,2022.It is the intent to continue under the current contract until that date and then issue a Purchase Order under the Piggyback language for the remaining term of the City of Port Orange contract (through May,4,2024 -with renewal options).Staff is requesting approval from Council at this date in order to assist with upcoming budget plans. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: Motion to Piggy Back contract between the City of Port Orange and Brown and Brown,(contract -RFP 21-04) and authorization to issue a Purchase Order in the amount of $58,000. City of Edgewater Printed on 4/19/2022Page 1 of 2 powered by Legistar™ File #:AR-2022-0071,Version:1 City of Edgewater Printed on 4/19/2022Page 2 of 2 powered by Legistar™ Submitted By: Brown & Brown of Florida, Inc. Est. 1939 in Daytona Beach, FL Presented by: Steve Farmer Executive Vice President Broker Services for Employee Insurances Page 2 RESPONSE AGENDA Tab B: Qualifications and Abilities Tab A: Company History Tab C: Location and Accessibility Tab D: Licenses/ Insurance Tab E: Financial Stability/ Litigation Tab F: Client References Tab G: Innovative Solutions Tab H: Proposed Fee Tab I: Required Documents Page 3 STATEMENT OF INTEREST February 18, 2021 Michael Hall, Buyer City of Port Orange 1000 City Center Circle Port Orange, FL 32129 RE: Request for Proposal RFP #21-04 Broker Services for Employee Insurances Dear Mr. Hall and Evaluation Committee: Thank you for the opportunity to continue our partnership with The City of Port Orange. The Daytona Beach Headquarters of Brown & Brown, Inc. is the current insurance consultant for the City and we are honored to submit this response to the City’s Request for Proposal RFO#21-04– Broker Services for Employee Insurances. We have proudly served The City of Port Orange and its employee benefits program for the last 5 years. Over that time, we have developed a deep understanding of the dynamics which shape the City’s programmatic objectives - and we have used that knowledge to make significant enhancements to the benefits program, while keeping costs below industry and market trends. The Power of our Partnership The Brown & Brown Team and The City of Port Orange’s Human Resources Team, in tandem with the guidance of The City’s Manager and Board, have cultivated a true partnership which has allowed The City to elevate its employee benefits offerings beyond the previous capabilities. We have offered open enrollment guidance, provided and reviewed public entity benchmarking data, offered compliance education and support, created and distributed employee benefits booklets, and provided crucial employee communication materials. Here are a few year-over-year highlights of the negotiations we have performed on behalf of the City to keep premiums as low as possible: ➢ 2017 – Negotiated with FHCP to cut medical renewal in half, saving the City $228,000 from original renewal. We negotiated the dental, vision and life insurance coverages with Metlife and saved the City $35,000 on those lines of coverage. ➢ 2018 – Negotiated with FHCP to keep medical rates flat and extend medical renewal from July plan year to a calendar plan year so the HSA plan deductible reset would align with the plan year. We also did the same for all lines of coverage with Metlife, extending those premiums with no increase for 18 months. Page 4 ➢ 2019 – Medical and Ancillary premiums remained flat with no changes to plan designs. ➢ 2020 – Negotiated with FHCP to reduce medical renewal to under 4% increase, saving the City $145,000 from original renewal. Negotiated lower increases for dental and Life saving the City $9,000. ➢ 2021– Negotiated with both Metlife and FHCP to keep medical and ancillary premiums flat with no plan design changes. Solidified this renewal by early August so we could get board approval by September and complete open enrollment early. DeSoto County Board of County Commissioners The person authorized to bind Brown & Brown in agreements and contracts is Mr. Steve Farmer. Contact information for Mr. Farmer is as follows: Steve Farmer, Executive Vice President 300 N Beach Street Daytona Beach, Florida 32114 Email: SFarmer@bbdaytona.com Office: (386) 239-7233 Enclosed are all required documents and information. Every effort was made to concisely provide all requested information, all required completed forms, and succinctly illustrate our understanding of the required scope of services. Please consider this signed document as evidence that this proposal is in all respects fair and in good faith, without collusion or fraud. We are available at the request of The City to participate in any oral interviews. Please feel free to contact me should you need further clarification of our proposal. Kind regards, Steve Farmer Executive Vice President Page 5 Tab A: Company History, Qualifications, Ability and Capacity Page 6 1. DESCRIPTION OF THE HISTORY OF THE FIRM, INCLUDING HOW LONG IT HAS BEEN IN BUSINESS IN THE CENTRAL FLORIDA AREA: Organizational History Founded by the Brown family in Daytona Beach, Florida in 1939, Brown & Brown has grown into one of the largest insurance intermediaries in the world over the past 80 years. With over 10,000 employees and over 290 offices in 40 states, Bermuda and London, Brown & Brown and its subsidiaries offer a broad range of insurance and reinsurance products and services to business, public entity, individual, trade and professional association clients nationwide. Brown & Brown is a publicly traded company on the New York Stock Exchange under the stock symbol (BRO). From the beginning, Brown & Brown has always focused on building meaningful relationships with our clients and with our communities, based on trust and service. Our core philosophy is: Always do what’s best for our clients. It is our goal to exceed clients’ expectations while maintaining the highest of professional and ethical standards. Brown & Brown is “Built to Last” and its decentralized structure allows its offices to be proactive and to quickly react to changes according to local environments without waiting for bureaucratic approval. An important by-product of Brown & Brown’s decentralized structure is that it serves to improve the quality of customer service. Each office is able to tailor its operations to fit the needs of its clients. However, we have national alignment as well. We have senior leadership dedicated solely to employee benefits, as well as a National Benefits Committee to share ideas and shape our employee benefits priorities and policies. The senior leaders and Benefits Committee sit on advisory boards of the insurance carriers and routinely meet with the insurance carriers’ senior leadership teams, perform RFPs for all benefits related products and services, and are held responsible for the successful implementation of new initiatives and products. One of our core philosophies, as communicated by Mr. J. Hyatt Brown, Chairman of Brown & Brown illustrates our culture and corporate commitment: “The best way is almost always the most difficult way. Long term success involves conflict with those who are not disciplined or committed. Our model is designed to allow those uncommitted undisciplined people to find other companies whose focus is not forever.” Page 7 CULTURE: “The People Recruiting & Enhancing Business” Ask anyone at Brown & Brown the secret to the Company’s eight decades of success, and they will give one answer: CULTURE. It is a corporate philosophy that combines bravado with old-fashioned business sense. Strive to do better than others and hire only those who can surpass you. Be bold but be sure you are willing to deal with the consequences. If something seems easy, it is probably wrong. Our culture was built on two key segments centered on integrity and prideful relationships. Our drive to be the best has made Brown & Brown one of the largest and most respected independent insurance intermediaries in the nation, with over 80 years of continuous service. We believe that maintaining client loyalty requires hiring people of the highest quality. This commitment remains strong as we continually increase our budget to bring in new quality people and invest heavily in each teammate’s training. This training begins at hire and continues throughout teammates careers, many of which last over 30 years with the company. Each person is encouraged to further their education and all job-related designations are paid for by Brown & Brown. We understand that by investing in our most valuable asset, our people, we are consistently ahead of our competition. Brown & Brown’s Employee Benefits Division has developed into one of the nation’s largest with premiums in excess of $6 billion annually. This also includes aggregate stop loss premium in excess of $430 million. This premium affords us a distinct advantage when it comes time to negotiate the city of Port Orange’s renewal. Brown & Brown’s established relationships with carriers, and our reputation, provide us with a proven ability to bring forth the most competitive rates and programs the market has to offer. We have a National Employee Benefits Leadership team comprised of Regional Presidents, a Medical Director, a Mental Health Director, Technology Team, and a Population Health Management team. We also have several consortiums specific to self-funded plans for prescription drug placement and stop loss insurance that leverage our national premium volume for enhanced terms and conditions as well as pricing. Brown & Brown’s success is due largely to our ability to adapt to the demands of the marketplace and to the needs of our clients. Number of Years in Business: Brown & Brown has grown into one of the largest insurance intermediaries in the world over the past 80 years. Address: The Daytona Beach office of 345 employees is located at 300 N Beach Street Daytona Beach, FL 32114. Name Changes, Changes in Ownership, Reorganizations: Over the last 5 years we have grown from 7,807 employees to 10,083 employees nationally and internationally. We have acheived this through organic growth and aqusitions. Brown and Brown has not undergone name changes, changes in ownerhship or reorganizations. Honesty and integrity are cornerstones of the Brown & Brown (B&B®) culture. The Company’s reputation depends on the conduct of its representatives. All persons who are associated with the Company are expected to conduct themselves professionally and ethically in the course of their duties, and to comply with all laws applicable to the Company’s operations. At Brown & Brown we know that the price of integrity is eternal vigilance. Page 8 2. DESCRIPTION OF THE FIRM’S SIZE (PREMIUM VOLUME AND NUMBER OF STAFF) AND PRESENCE IN TOTAL AND AS IT OPERATES IN THE CENTRAL FLORIDA AREA: Employee Benefits Team The National Employee Benefits team at Brown & Brown leverages its capabilities and volumes to create products and services for clients that standalone agencies would not be able to provide. With that said, Brown & Brown Daytona’s Employee Benefits Division prides itself on operating and supporting our clients on a local level. This structure allows our office to provide hands-on service locally, while leveraging our national footprint when needed. Brown & Brown, at a national level has tens of thousands of clients, supporting hundreds of carriers and vendors and billions of premiums. The Daytona Beach office leverages this volume and network to provide the services outlined in this proposal. The national and local volumes of clients are broken down as follows: The National Employee Benefits team at Brown & Brown leverages its capabilities and volumes to create products and services for clients that standalone agencies would not be able to provide. With that said, Brown & Brown Daytona’s Employee Benefits Division prides itself on operating and supporting our clients on a local level. This structure allows our office to provide hands-on service locally, while leveraging our national footprint when needed. Premium Volume Brown & Brown’s Employee Benefits Division has developed into one of the nation’s largest with premiums in excess of $6 billion annually. This premium affords us a distinct advantage when it comes time to negotiate the City of Port Orange’s medical renewal. Brown & Brown’s established relationships with carriers and our reputation provide us with a proven ability to bring forth the most competitive rates and programs the market has to offer. Our staff is comprised of experienced forward- thinkers, with a client-first, service-focused approach. They are highly trained in public entity compliance and Florida State Statute 112.08 regarding public entity insurance placement. Our dedicated service and marketing teams act as an extension of your human resources and risk management departments. They, along with our account executives understand the unique demands and processes that public entities require. This experience and expertise in serving public entities is a factor that differentiates us from the competition. Brown and Brown has 495K total accounts making up 12.92 Billion dollars in total premium. Employee benefit broker services is nearly 10% of our book of business, which results 5.58 billion dollars in premium. Employee benefits products is 43.2% of our annual premium. Client Demographics 459K Total Clients 45,810 Benefit Clients Premium Demographics 12.92Billion Nationally 5.58 Billion Benefits Premium Page 9 3. PROVIDE A LIST OF ALL PRESENT AND PAST PUBLIC SECTOR CLIENTS IN THE STATE OF FLORIDA: State Dept. of Financial Services Florida, State of     Counties Baker Brevard Citrus Clay Columbia Desoto Flagler Gadsden Gilchrist Gulf Highlands Jefferson Lafayette Lee Levy Madison Marion Okaloosa Santa Rosa Sarasota Volusia Wakulla Washington Cities, Towns, Villages Atlantis Auburndale Aventura Bal Harbour Village Bay Harbor Islands Belleview Bunnell Casselberry Chattahoochee Chipley Coconut Creek Dania Beach Davenport Davie Daytona Beach Daytona Beach Shores Deland Deltona Destin Doral Eagle Lake Edgewater Fellsmere Flagler Beach Fort Lauderdale Fort Myers Fort Walton Beach Freeport Groveland Haines City High Springs Highland Beach Holly Hill Indian Shores Indian River Shores Inverness Jacksonville Beach Jupiter Lake Helen Lake Worth Lauderhill Lighthouse Point Longwood Madeira Beach Madison Marco Island Margate Mayo Miami Miami Gardens Monticello Mulberry Naples New Smyrna Beach North Miami North Port Ocala Orange City Ormond Beach Palm Bay Palm Coast Perry Pierson Polk City Ponce Inlet Port Orange Punta Gorda Royal Palm Beach St. Cloud Sarasota South Daytona Tallahassee Treasure Island West Palm Beach Weston Special Districts, Other Barefoot Bay Recreation District Bayfront Bay Recreation District Big Bend Water Authority Bonita Springs FCD Broward County Housing Authority Broward MPO Buckhead Ridge MCD Central Florida Fire Charlotte County Sheriff Children’s Board of Hillsborough Citrus County Sheriff Citrus MCD Clay County Utility Collier MCD Davie CRA East County WCD East Lake Tarpon Fire Emerald Coast Utilities Authority Estero Fire Rescue Fellsmere WCD Ft. Myers HA Ft. Myers Bch Fire Golden Gate FCD Highlands County Sheriff Hillsborough Transit Authority Immokalee FCD Immokalee WSD Indian River Lagoon Council Jacksonville Beach CRA Jupiter RA Key Largo Ambulance Key Largo Fire/Rescue Lake Asbury MSBD Lake Region Lakes Lakewood Ranch Interdistrict Authority Lakewood Ranch Stewardship Dist. Lake Worth Drainage District Lee County HA Lehigh Acres Municipal Services Improvement Loxahatchee Groves WCD Loxahatchee River Dist. Melbourne Tillman WCD Miami Beach HA Miami Sports & Exhibition Authority Moore Haven MCD Naples Airport Authority New River Solid Waste North Springs Improvement District Northern Palm Beach Co. Improvement District Old Plantation WCD Palm Beach County HA Pasco County Sheriff Dept. Peace River WSA Pine Tree WCD Pinellas Park WMD Pinellas Suncoast Fire Pinellas Suncoast Transit Pompano Beach HA Port Ybor Association, Inc. Ranger Drainage District St. Johns River WMD Sanibel Fire & Rescue Sebring Airport Seminole Improvement District South Indian River WCD South Trail Fire Southeast Overtown Park West CRA Southwest Florida WMD Spring Lake Improvement Dist. St. Johns River Water Management District Suwannee River WMD Tallahassee Community Redevelopment Agency TBARTA Tampa Bay Water Tampa Historic Streetcar Three Rivers Library Tindall Hammock Irrigation & Soil Titusville HA Upper Captiva FD Viera Stewardship District Volusia County Clerk of Court Wakulla UFFA Washington County Sheriff West Palm Beach CRA Winter Haven HA 54 Community Development Districts Schools, Universities Bethune Cookman Univ. Cape Coral Charter Schools Authority Collier School District Embry-Riddle Aeronautical Univ. Flagler County Public School Florida Atlantic Univ. Florida International Univ. Florida Polytechnic Univ. Lee School District Madison School Board Marion School Board Okaloosa School District Orange County Schools Pasco School District Seminole School District Volusia County School Board Univ. of Central Florida Univ. of Florida Univ. of West Florida Page 10 4. LIST THE INSURANCE MARKETS AND CARRIERS THE FIRM CAN ACCESS LOCALLY AS WELL AS NATIONALLY: Fully Insured Alternate Funding Aetna Aetna AllSavers BlueCross BlueShield Assurant Benecon/Veris AvMed Cheetah 1 BlueCross BlueShield (Public) Cigna BlueCross BlueShield (National) Humana Benecon/ Veris Maestro Capital Health Plan National General Life Cigna Next Impact, LLC Florida HealthCare Ownership Rewards Health First and Florida Hospital Care Advantage Pareto Humana Roundstone United Health Care Trustmark WellNet TPA Stop Loss Ameraplan American General Allied Berkshire Hathaway Specialty America’s Choice Berkley Accident and Health Cigna Companion Life Continental Benefits Crum & Foster Coresource (a trustmark company) ISU Health Plans, Inc. HM Insurance Maestro Health TMS Mayo Clinic Stealth Partner Group Meritain Strategic Benefit Advisors Page 11 Nova Health SunLife Health Scope Benefits Symetra Preferred Benefit Administrators Voya Paradigm Health Plans Zurich Roundstone Buckingham Insurance Prairie States Medical Risk Managers Xchange Benefits LLC Ancillary FSA, HSA, HRA Advantica - Vision only EBC Flex Aetna Calirty Benefit Solutions Ameritas HSA Bank Avesis Medcom BlueCross BlueShield Discovery Benefits Cigna Infinisource Davis Vision Wage Works (Health Equity) Delta Dental TASC EyeMed HR workplace Guardian ProBenefits Hartford Worksite Humana Aflac Lincoln Allstate MetLife Boston Mutual Mutual of Omaha Trustmark Principal Transamerica Prudential US Able Life (Florida Blue) Reliance Standard Colonial Life Renaissance GAP/ MEC SunLife American Public Life Superior Vision Chubb Accident & Health Page 12 Symetra Humana United Health Care Key Benefits Unum OptiMed VOYA ACA Suite/ Solenture VSP Transamerica FMLA Captive Hartford IHC Captive (Pareto) Guardian AACEC Trust Prudential Benecon (Captive) MetLife Captive Resources Standard Swiss Re Lincoln Financial Roundstone Cigna Innovative Health Plan Other Student/Int’l Programs AmWins Group Benefits Aetna Cigna Marketplace AIG Compass Chubb Conexis Consolidated Healthplan Elap UHC (pghglobal) Health Advocate GBG Hodges Mace Hartford Liazon Marketplace Zurich One America Gerber Life (SMIC) Nationwide (Pet Insurance) Markel School Pet Benefit Solutions Metlife Trupanion Pet Insurance Medical, Rx & Dependent Audit Crum & Foster Pet Insurance (ASPCA) BMI Audit Surepoint (Wellness) J. Graham Inc. MD Live (Consult-a-doc) MedReview, LLC Page 13 Teladoc / healthiestyou / best doctor Claim Technologies Inc. My Ideal Doctor Locey & Cahill, LLC Dr. On Demand (500+ only) HMS 1800MD Business Travel Arag Legal Chubb Legal Shield AIG Legal Shield GBG Metlife Legal Metlife Bay Care Hartford New Directions Reliance Standard Morneau Shepell Aetna ComPsych Corporation CuraLinc CyberScout US Legal ID Watchdog Population Management Aetna Resources For Living Aetna PBM's Payroll Processing Axia Strategies Payco BeneCard Plan Source RxBenefits ADP Express Scripts Paycor Navitus Paylocity Pillar Rx CVS/Caremark Southern Scripts WelldyneRx Page 14 COBRA Student Loans Infinisource Prudential Wage Works (Conexis) Ameritas Medcom Ion Tuition Demand Star BAS Health The carriers that were previously listed we work with and have a preferred status (not exhaustive). Brown & Brown will leverage our substantial book of business with the insurance carriers to ensure the City receives the most competitive rates available in the market. Brown & Brown, Inc., has more business with the insurance carriers than any of our competitors which affords us a distinct advantage when it is time to negotiate. Page 15 5. DESCRIPTION OF THE FIRM’S NATIONAL NETWORKS AND CONTACTS: Our parent company, Brown & Brown, Inc. was founded in 1939 in Daytona Beach and has since grown to be the largest insurance intermediary in Florida and the 6th largest in the world. That growth has pushed our company beyond 200 offices nationwide, housing more than 11,000 teammates. In Florida, our more than 50 offices, are comprised of 2,500 teammates responsible for the design, placement and servicing of annual insurance premiums in excess of $2.5 Billion. Brown & Brown, Inc. is a family of highly specialized units performing insurance brokerage and advisement services for clients worldwide. Below is an example of some of our business units relevant to this RFP which provide philosophical and resource support to the Brown & Brown team. We also have a National Employee Benefits team that provides additional resources which allow us to provide our clients with cutting edge solutions in all areas of their health and welfare plans. Please find examples of these resources: • Medical Director • Behavioral Health Director • Population Health Team • EB Technology Team • Innovation Hub • Compliance Teams • Rx Consulting & Auditing • Employee Benefits Specific • Captives • Stop Loss and Rx Consortiums • Employee Communication • (Benefits Hub, Benefits App) • Industry leading communication on COVID-19 and its impact through our Medical Director and Compliance Team • Industry white papers • Membership in national and local insurance vendors brokerage committees • Creation of proprietary products • Data Warehouse Solutions • Dedicated Data Analytics team that can create customized reporting for our clients. Regarding Benefits Technology, we understand the landscape is constantly evolving which is why we have an entire Brown & Brown team dedicated to employee benefit technology and platforms. We recently completed an RFP of over 60 HRIS and Benefit Administration technology platforms and have selected four as our preferred vendors. Page 16 We build and maintain these preferred vendors systems in house so there can be more flexibility with adjustments that need to be made, assured of the accuracy of the systems and an expedited EDI file feed process can occur. All of our preferred vendors have employee mobile apps available for member convenience and the ability to text message updates and reminders. Our clients are able to view the systems in their entirety and run any type of report needed for informational and administrative purposes. In addition, we have preferred pricing with these vendors to make them affordable to all of our clients. We also have enhanced technology services with our Employee Benefits App and Benefits Hub website. The Benefits app can allow your employees easy access to the health and welfare plans information, ID cards, and fund balances in HSA and FSA accounts. The Benefits Hub website is a discount service platform that contains discounts for many different services such as weight loss programs, gyms, grocery delivery, pet insurance, etc. This is a service currently being offered to City of Port Orange employees. With the impact of our national presence, we have direct relationships with leadership within all carriers on a national level. We have regular communication with the C-level suite within all carriers, so that we can partner on services and products that will best benefit our mutual clients. Page 17 6. LIST SPECIAL EXPERIENCES OF THE FIRM IN PLACING INSURANCE COVERAGES FOR A MEDIUM SIZE CITY OR SIMILAR EXPERIENCE IN THE PRIVATE SECTOR: Public Entity Specialist Our Daytona office is the largest B&B office in Florida and specializes in public entities. We have developed systems and products to specifically address the needs of our public sector clients. We have separate and distinct job functions which allow our team to be specialists in their field and leaders over our peers. Our marketing department follows all procurement guidelines when bidding insurance coverage and we access the entire market, not just a select few that we prefer to do business with. We offer the distinct combination of a “boutique” public entity brokerage offering concierge-level service with the resources of a large national broker that allows us to negotiate better terms and conditions and create unique service plans based on our client’s goals and objectives. This arrangement allows us to design, place and service in excess of $130 Million in insurance for our Florida based governmental clients alone. Our sole focus on the public entity sector enables us to provide expert consultation and guidance that will ensure our clients’ will efficiently manage the volatile risks that Florida governmental entities face. Our service department is trained in public entity compliance and acts as a “back-office HR department” to help guide our public sector groups through any and all issues that may arise. We believe in proactive service to identify problems before they occur and work with the vendors to tailor their programs to suit the needs of the City. We understand the budget process and timeline as well as the unique demands of City Council’s. Our risk management division likely can’t be matched within the state of Florida. We tailor the quarterly reports, monthly budget reports and benchmarking to the concerns of city of Port Orange. We can provide ad-hoc reporting and we provide vital insight on the claims experience and utilization to ensure a long-term sustainable health and welfare plan. Brown & Brown staff is proudly involved and committed to top industry organizations and professional affiliations, including: Page 18 Abilities and characteristics that make Brown & Brown unique: • Dedicated to Public Entities in the State of Florida • Holistic program approach focused on lowering insurance premiums, reducing claims, improving benefits, and streamlining program administration through technology and concierge services. • Access to 10,000 teammates worldwide within our Family of Companies which provide our team with guidance on industry trends. This includes our sister companies which represent Fortune 100 clients and 100,000+ life groups. • History of designing and delivering the most competitive and efficient employee benefits programs to public entities. • History of seeking and providing proactive solutions. We have consistently provided both short and long term, strategically sound, Employee Benefits, Property, Casualty and Workers’ Compensation solutions that have saved our clients millions of taxpayer dollars. • Our large client retention rate is 98% - This is testament to our ability to manage complex programs and maintain our clients’ trust and confidence in us. • Our teammates are highly trained in public entity compliance and Florida State Statute 112.08 regarding public entity insurance placement. • We work with the unions as directed by our clients, usually by providing reports, insurance proposals, presentations and can be involved directly with union negotiations, at the City’s direction. • We have served as consultant for the majority of the local public entities for over a decade. Our team’s collective experience exceeds 500 years, and all teammates are encouraged to continue their pursuit of knowledge by continuing educational endeavors. As a result, most teammates hold professional insurance/risk designations, including: In addition to earning designations, Brown & Brown participates in continuing education sessions facilitated by our carrier partners and vendors keeping us at the forefront of any trends that may have an impact on our clients, attending webinars provided by Brown & Brown’s ERISA attorney partner Miller Johnson, P.A., where legislative updates are concerned. We then communicate any pertinent information with our clients through channels deemed appropriate by the City. Brown & Brown utilizes channels such as, in-person meetings, web meetings, conference calls, newsletters, emails and direct phone calls to our clients. • ARM-P – Associates in Risk Management for Public Entities • RMPE – Completion of Risk Management for Public Entities Specific Course • CIC – Certified Insurance Counselor • CISR – Certified Insurance Service Representative • CRM – Certified Risk Manager • GBA – Group Benefits Associate • GBDS – Group Benefits Disability Specialist • GWPC -Certified Wellness Program Coordinator • VBS – Voluntary Benefits Specialist • CEBS – Certified Employee Benefits Specialist • Bachelor of Science – Risk Management/Insurance & Finance Page 19 Below are some of our successes in negotiating cost savings and ongoing cost containment strategies specific to public entities of a similar size. City of St. Cloud – (Self-Funded with Onsite Clinic) Employee Benefits Summary – Brown & Brown provides the City with a full complement of employee benefits services. Including servicing and marketing of all employee benefits lines of insurance coverage, health care center, COBRA administration, quarterly/ semi-annual claims review, open enrollment meetings, health fair, benefits-at-a-glance booklets, OPEB Filing, Actuarial Services, Online Enrollment system, Telehealth Program, Employee Assistance Program, Mail Order Pharmacy Program, compliance updates and ACA Reporting. Brown & Brown was awarded the City of St. Cloud’s agent of record contract in April 2011. Since that time, we have saved the City more than $6,000,000 in premium when compared to the fully insured program that was in place in 2011. At the inception of our agreement the City was fully insured, did not have a wellness program, and continued to struggle with double digit premium increases on their medical plan. Through a carefully constructed and innovative plan we mapped out a strategic vision to improve the cost effectiveness of the City’s short and long-term healthcare benefits program. 2017 2015 Our objective for 2015 was to increase employee utilization to the health care center, monitor the disease management program through Marathon Health due to ongoing large claims and continued rise of health insurance cost. After our continued evaluation of the City’s current plan utilization and cost control, we worked with staff to provide: • Health Care Center employee participation rose to 70% due to promotion, plan design and education aimed directly to employees • Cost savings plan design changes with the least amount of impact to the employees and their families. Brown & Brown implemented these changes after a detailed utilization process thereby minimizing the impact on employees • Examined 4 pharmacy benefit vendor programs for cost containment and specialty drug programs 2016 Our objective for 2016 was to see continued high level utilization of the employee health care center as well as continued engagement in the wellness initiatives. • Presented a plan design analysis showing the best plan options for the City’s self-funded program to further incentivize employee utilization to the health care center. • The City has experienced the true strength and savings from a self-funded health insurance program and an onsite health care center. The City had endured multiple large claimants for two consecutive years driving up claim cost. • However, as a result of transitioning to a self- funded plan and implementing the Health Care Center, we were able to sustain an enhanced employee benefit program while still controlling costs. The total 2-year cost (2014 to 2016) of the self-funded program and the Health Care Center was $ 7.9 million, while a fully insured insurance program alone would have cost over $10 million dollars. Page 20 Our objective for 2017 was again to increase utilization of the employee health care center as well as continued engagement in the wellness initiatives. We also aimed to save the City money through the renewal RFP process. Through carrier negotiations and actuarial expertise, Brown & Brown saved the City $75,312 in Stop Loss premium, $22,018 on Dental, for a total of $97,330. • Benchmarking is a tool we routinely use to determine the level of cost efficiency and competitiveness of our benefits program designs. For example, a benchmarking comparison of the City of St. Cloud’s and the City of Kissimmee’s programs done in 2016 reveals that the City of St. Cloud’s health insurance cost per employee was about 20% less than Kissimmee’s cost. Even more revealing is that St Cloud’s benefits program is a traditional PPO while Kissimmee’s is a high deductible plan. • The City’s cost per employee per month for the Health Care Center was also about 15% less than Kissimmee’s cost ($62.16 vs $72.77). *This comparison is based on data received directly from Kissimmee in July 2016. • Health Care Center employee participation rose to 75% due to promotion, plan design and education aimed directly to employees. 2018 Our objective for 2018 was to continue to drive results and engagement at the clinic and further promote a culture of health and wellness at the City. • Onsite Health Care Center (Healthy4Life) – Brown & Brown negotiated the increased hours and renewal pricing. • Administrative Services Agreement with Florida Blue – Brown & Brown negotiated the contract extension with no fee increase and an additional $100,000 in wellness dollars through October 1, 2019. • Stop Loss – through Brown & Brown’s analysis on the City’s stop loss retention level and history of large claimants we were able to reduce the City’s renewal increase from 6% to a 5%, an annual savings of $110,783. • Dental Insurance – After examination of the City’s 2-year claim history with MetLife, Brown & Brown negotiated a 9% annual increase down to a 4% increase, an annual saving of $17,000. • Savings Achieved: Administrative Services Agreement Wellness $100,000 Stop Loss Renewal $110,783 Dental $ 17,000 Total Renewal Savings for 2018 $227,783 Page 21 2019 Our objective for 2019 was again to see high level utilization of the employee health care center and to promote meaningful wellness initiatives, while assisting the City with the Onsite Clinic RFP. As with each year, we strived to save the City money through the renewal RFP process. • Through our negotiations with the carriers and expertise of our actuary, Brown & Brown saved the City $35,510 in Stop Loss premium, $19,238 on Dental, for a total of $54,748. We also negotiated another $25,000 wellness fund from Florida Blue. Throughout the year, we worked with staff to provide the following: • Increased biometric screening rate to 88% of all employees, with 93% of those with chronic conditions engaged with the health center. • Assisted HR and purchasing with developing RFP specifications for the onsite clinic RFP • Assisted procurement with answering vendors questions throughout the RFP process. • Once CareHere was selected, Brown & Brown began working with Marathon Health, CareHere and the City to ensure a smooth transition • with minimal impact to the employees. • Reviewed in depth claims analysis provided by our Senior Analytic Consultant. • Provided benchmarking, funding projections, budget recommendations based on Brown & Brown’s actuary’s recommendation to allow for plenty of time for budget. • Conducted multiple Employee Lunch and Learns at the health care center. • Assisted with Lakefront Walking Challenge, which engaged 55% more of those employees that were not already engaged at the health center. • Provided actuarial certification for the City’s annual State Filing for their self-funded health insurance plan. • Affordable Care Act Employer Responsibilities – Brown & Brown provided the following guidance: o Patient Center Outcome Research Institute – payment and filing IRS form 720. o Transitional Reinsurance Filing - TRF Reporting and filing assistance. o Health Plan Identification (HPID) – Filing to Centers from Medicare and Medicaid Services. Page 22 City of Sarasota– (Self-Funded with Onsite Clinic) Employee Benefits Summary – Brown & Brown was awarded the City of Sarasota’s Employee Benefits consulting contract in December 2016. Included in this contract is the complete suite of employee benefits brokerage, consulting, and support services. Including complete marketing of employee benefits coverages, onsite health care center, quarterly claims reviews, open enrollment meetings, health fair coordination, benefits-at-a-glance booklets, OPEB Filing, Actuarial Services, Online Enrollment system, Telehealth Program, Employee Assistance Program, Mail Order Pharmacy Program, and compliance updates. We have worked with the City to ensure they are making the most out of their onsite health center and using the health center to drive costs down on their health plan. Each year, Brown & Brown works with the City to develop any RFPs according to when each contract is expiring. 2017 The City’s 2017 renewal was completed prior to Brown & Brown being awarded their business. • Brown & Brown marketed the City’s EAP plan. • Provided 8 alternate plans that either matched or enhanced their EAP plan and ultimately saved the City $11,000 annually. • Managed the procurement process for the City’s health care clinic vendor. The City chose to transition vendors effective 1/1/2018 from CareHere to Marathon Health. 2018 Brown & Brown marketed all lines of coverage including procuring rates for short and long-term disability, which were new lines of coverage to the City’s program. • The 2018 competitive marketing process saved the City more than $15,000 for the 1/1/2019 plan year. • While the ASO was not taken through a competitive process, Brown & Brown negotiated a reduction by $2.00 PEPM a 1- month fee holiday producing an additional savings of $20,880 and $43,937 respectively. • Brown & Brown implemented CanaRx as an additional resource for safe and affordable brand name medications. The first year of the program, the City saved approximately $270,000 as compared to average U.S. plan costs. Page 23 2019 Brown & Brown worked with the City to develop RFPs for medical, Rx, dental, vision, stop loss, HRA, FSA, COBRA, Online Enrollment. During pre-renewal discussions, Brown & Brown recommended the City evaluate carving out their prescription drug plan for the 2020 plan year due to the substantial savings we have seen for other clients recently through a Group Purchasing Organization we have access to. After the RFP process, Brown & Brown’s Senior Analytic Consultant analyzed and repriced all medications through the various respondents. The result was astounding. • The City is projected to save over 36% on their prescription drug costs in 2020, resulting in over $1.3 million in savings. This was due to improved purchasing terms and stronger rebates. • CanaRx continued to prove beneficial as 75 enrolled members received 361 prescriptions at just over a total of $103,000 as opposed to the average U.S. cost of $375,600. Again, saving the City almost $272,000 on their prescription spend. For medical, Brown & Brown worked for months in assisting the City with evaluating ASO options. This included finalists’ interviews, repricing analysis on claims to determine the strength of each carrier’s network and a disruption analysis on networks to ensure employees would not be negatively impacted by a change in carrier/network. Page 24 City of Palm Coast – 385 full time employees The City of Palm Coast has been a Brown & Brown client since 1999 and at that time had only 35 employees. We have worked with them as they have grown to over 400 employees and changed their employee benefits package to grow along with them. Today they have a successful self‐funded medical and pharmacy program with a high deductible option and an employee clinic. They have not increased their employee contribution amounts on their medical plan in four years. Their medical and pharmacy costs are currently in a negative trend. We have accomplished this while the employees remain very satisfied with their benefits package. In addition to the financial success of the City’s health plan, Brown & Brown keeps the City up to date with all regulations and statutes on an ongoing basis. City of DeLand – 350 full time employees The City of DeLand has been a client since 2010. Over the years we have worked closely with the Insurance Committee to evaluate new plan offerings, monitor claims utilization, and solicit and evaluate competitive proposals. The results of our negotiations on behalf of the City has saved over $1.4 million dollars in health premiums. Brown & Brown also works closely with the City’s onsite clinic provider to ensure the City’s insurance plan benefits from the cost containment provided by the clinic. In addition to the financial success of the city’s health plan, Brown & Brown keeps the City up to date with all regulations and statutes on an ongoing basis. City of Daytona Beach – 775 full time employees The City of Daytona Beach has been our client since 2010. With aggressive marketing of this account we saved this client and its employees just under $1,000,000 dollars in one year. We received multiple rate guarantees for this group as well. The following year we implemented a Health Savings Account (H.S.A.) plan and strategy that allowed for employees to have multiple options on their benefit plan. However, if the employees were to choose the H.S.A. plan, the City would contribute the difference in premium to the individual’s H.S.A. account. Since implementation, we have been able to better control the loss ration as well as mitigate cost increases. Prior to this strategy, many of the union employees wanted a separate benefits package from the other employees. During a recent renewal, we were able to negotiate a - 1% decrease for the medical plan, saving the City $91,000. In addition to the financial success of the City’s health plan, Brown & Brown keeps the City up to date with all regulations and statutes on an ongoing basis. Page 25 7. ADDITIONAL SERVICES OFFERED BY THE FIRM THAT ARE NOT LISTED IN THIS RFP BUT MAY BE OF INTEREST TO THE CITY. Brown and Brown, Daytona Beach The Daytona Beach office of Brown & Brown has focused on risk management and the insurance needs of Florida’s public entities since 1992. Since that time our public entity business has grown to include over 230 of Florida’s public entities ranging from small special districts and towns to large school districts and counties. Brown & Brown Daytona has a particularly strong presence in the Volusia County and Central Florida area. We consult or act as a broker on 15 of the 16 municipalities in Volusia County and over 75 public entities within Central Florida. Compliance with State Statutes and Regulations Our cities, counties, and school district clients have come to count on Brown & Brown to keep them compliant and up to date on any new regulations or state statutes that will impact their benefits programs. Our internal counsel monitors initiatives being considered in Tallahassee and keeps the benefits team informed throughout the legislative session. A recent example of this was just this year when the Florida Legislature passed SB 426, which is now known as the Firefighter Cancer Law. We kept our cities informed as the bill was being considered and once it was signed into law, letting them know what exactly this new law meant. We sent out bulletins and emails as well as presented at several local luncheons to explain the new law, our recommendations for coverage, and the potential unknowns that were still to be resolved via court decisions. The team assigned to the city of Port Orange is made up of public sector specialists with each one being trained and highly experienced with the statutes that govern our public entity clients. An example of this is Florida Statute 112.08 which governs the procurement of insurance for public entities. We understand the requirement for cities, counties, and school districts to allow retirees to continue health coverage on the group plan. We follow the guidelines specific to marketing our clients’ insurance plans to get them a fair price. We also handle the annual actuarial filing for all our self- insured public entity clients. Compliance with Federal Laws Employee Benefits compliance has become one of the most complex challenges facing employers and is where Brown & Brown can add tremendous value. Since the implementation of the Affordable Care Act, employers are turning to us more than ever to keep them informed and to assist them in complying with all DOL requirements Brown & Brown has recognized this challenge facing our employer clients, and in turn, has devoted substantial resources into developing solutions for addressing the ACA requirements. We have hired Miller Johnson, a highly regarded ERISA/Employee Benefits Compliance firm, to be on retainer specifically to provide guidance as it is released and to answer questions that arise. Brown & Brown will strive to keep city of Port Orange leadership and employees informed. We distribute several employee communications during open enrollment and throughout the year regarding wellness, compliance, benefit offerings and various newsletters that will be reviewed and approved by the city of Port Orange prior to printing and distributing to employees. In addition to ACA Compliance, any time a client has a benefit related legal question, we email our attorneys at Miller Johnson and forward their legal opinion on the matter to the client. These responses are generally within the same day and add significant value. Should changes in regulation impact the City’s employee benefits program, we will work with Miller Johnson to ensure you are educated on the matter as early as possible and a plan is established for compliance moving forward. For some of the less complex HR / compliance questions, we have additional resources such as HR Workplace Services and Zywave, which also provide guidance for our clients. In addition to having the above resources available for specific questions and issues, we frequently advise our clients to attend the webinars that are hosted to proactively ensure compliance. We periodically send out newsletters and communications to keep our clients at the forefront of any legislative and/or industry updates. Page 26 In addition to the quality services highlighted in this RFP, Brown & Brown offers the below additional services: • Free Cobra Administration • HR Workplace Services – additional HR consulting and advise for all HR needs • Benefits Admin/Online Enrollment – Online enrollment, billing, ACA compliance reporting and ongoing benefit administration • Certified Wellness Program Coordinator • Quarterly Claims Review (including historical claim analysis to identify trends and anomalies and make recommendations for potential actions to be taken • Employer and employee contribution modeling • Ad Hoc Claims Analysis any time throughout the year • Dedicated Senior Account Manager • Expert Consulting and Implementation of Employee Clinics • Customized Rx Programs • Customized wellness programs • Zywave • Benchmarking Analysis • Access to Florida Local Government Health Insurance Consortium • Self-funded Feasibility Study • Telemedicine Programs • Employee Decision Making Tools • Employee Total Compensation Statements • Section 125 Compliance • Plan Document/Wrap Document Preparation • Medicare Supplemental Plan Options • Assistance with Union Negotiations • Free Access to ERISA Attorney • Employee Surveys • Dependent Eligibility Audits • Pharmacy Benefit Manager Consulting • Advantage Card Coalition • Payroll vendor partnerships/discounts • Commission Workshop Presentations • Plan Design Analysis for medical and ancillary coverages (review of alternative options with associated cost savings projections) • On-going contract review (to ensure conformity with City requirements) • Attend and participate in annual open enrollment/benefits fairs • Coordinate and participate in implementation of benefits, open enrollment and employee educational meetings • Development of employee communications/educational materials • Prepare and customize Benefits at a Glance Booklets • State and Federal Legislative Compliance and updates including ACA • Provide guidance and assistance with PPACA, HIPAA, ADA, FMLA, etc. reporting and employee notification • Billing reconciliation and audits • Act as a liaison with employees and insurers to resolve any issues/claim settlements • Design and prepare annual personalized Employee Compensation Statements • Provider Transparency Tools • Health Advocacy Services Page 27 Tab B: Qualifications and Abilities of Professional Personnel Page 28 1. DESCRIPTION OF THOSE INDIVIDUAL’S EDUCATIONAL BACKGROUND INDICATING SPECIFIC STEPS TAKEN TO REMAIN CURRENT WITH TRENDS IN THE INSURANCE INDUSTRY. Professional Designations We are committed to remaining at the forefront of all industry trends by participating in professional memberships, continuing education, and through earning designations, as a result, most teammates hold professional insurance/risk designations, including: CEBS – Certified Employee Benefits Specialist GBA – Group Benefits Associate GBDS – Group Benefits Disability Specialist GWPC -Certified Wellness Program Coordinator VBS – Voluntary Benefits Specialist Professional Organization Memberships Florida League of Cities Florida City and County Management Association Florida Association of Special Districts Florida Public Human Resources Association National Association of Health Underwriters National Organization of Life & Health Agents Florida Association of Counties Florida Educational Risk Management Association Public Risk Management Association Employee Benefits Expertise Brown & Brown’s Employee Benefits practice makes your people our business. Backed by our national strength, our local service teams leverage our knowledge and experience to optimize the value created by your employee benefits program. Whether improving employee attraction and retention, getting the most out of your vendor partners, optimizing medical costs, or helping you assess the most suitable technology to meet your needs, our thoughtful and customer‐specific solutions help give you peace‐of‐mind. Brown & Brown Daytona’s employee benefits staff of 50 teammates has over 500 years of collective benefits experience and each member is licensed by the State of Florida Insurance Department. Members of our team have rich backgrounds in a range of insurance professions including underwriting, risk management, claims processing, third party claims administration, medical billing, HR management, wellness plans, provider contracting, marketing, employee benefits technology as well as account management and health and welfare plan implementation. We provide our teammates with extensive training that is on-going and includes categories such as industry overview, lines of coverages, carriers/vendors, servicing employers and members, compliance, technology, open enrollment and human resources. Below is a snapshot of some of the specific training items our teammates receive: Page 29 This information is proprietary and confidential and is not subject to public record. Brown and Brown University (BBU) Teammate development is very important at Brown & Brown. Our company leaders believe that change is constant, but culture survives, so Brown & Brown is forever. We want to constantly and consistently get better. Growth, change and teammate development is the hallmark of a healthy, flourishing company. Brown & Brown University is a critical part of our ongoing education program and a key component of our relentless pursuit of talent development. At BBU, teammates, mentors, and leaders gain knowledge and form bonds that are the building blocks of a strong team. This helps drive our advocacy and service model, supports cross-company collaboration, and ultimately furthers our success. Structure of BBU Brown & Brown University is designed to ensure that new and existing teammates receive consistent messaging regarding company culture, compliance, and job-related processes and procedures. Due to the decentralized nature of Brown & Brown, some profit centers may have extensive education programs in place, while others do not. The learning products available within Brown & Brown University may either replace or supplement the existing profit center education program. New Brown & Brown teammates are automatically enrolled in the Onboarding curriculum. They have 30 days to complete the training and upon completion are automatically enrolled in the school and curriculum that best matches their role in the company. Existing teammates are automatically enrolled in the appropriate school and curriculum as it is deployed in the learning management system or as their role within the company changes. In addition to a teammate's job role training, which is automatically assigned, all learning products within Brown & Brown University are available to all teammates. The catalog within the learning management system allows teammates to browse or search for any items of interest. Learning products include: Page 30 This information is proprietary and confidential and is not subject to public record. The basic structure of Brown & Brown University is as follows: In addition, each staff member is State licensed and is encouraged and incentivized to earn any of the following advanced insurance credentials. • GBDS – Group Benefits Disability Specialist • VBS – Voluntary Benefits Specialist • GBA – Group Benefits Associate • CEBS – Certified Employee Benefits Specialist • CWPC – Certified Wellness Program Coordinator • REBC – Registered Employee Benefits Consultant Page 31 2. DESCRIPTION OF INDIVIDUAL’S WORK EXPERIENCE INCLUDING ALL PAST EMPLOYMENT AND NUMBER OF YEARS AS AN AGENT/BROKER IN THE INSURANCE FIELD. ALSO, INDICATE LENGTH OF TIME WITH YOUR FIRM AND IN THEIR CURRENT POSITION Administration and Staff Qualifications The administrative staff assigned to City of Port Orange consist of the following functional groups and teammates: • Service/ Account Management (Laurie Nelson, Theresa Muscovitz, Amanda Huston) • Carrier Marketing (Lindsey McClammy and Brenda Thurston) • Wellness and Open Enrollment (Tiffany Hill, Steve Hall) • Analytics (Brendan Savage) Authoritative Direction of Control Steve Farmer Executive Vice President Dustin Smurdon Vice President & Benefits Leader Lindsey McClammy Marketing Leader Brenda Thurston Senior Marketing Analyst Theresa Muscovitz Service Leader Amanda Hutson Billing, Invoice, Compliance Brandon Savage Director of Analytics Jessica Scott Senior Vice President Tiffany Hill Certified Wellness Program Coordinator & Implementation Leader Steve Hall Implementation Specialist Senior Leadership Assigned Team Page 32 Steve Farmer, Executive Vice President sfarmer@bbdaytona.com | (386) 239-7233 Steve Farmer is responsible for Brown & Brown’s Daytona Beach office including sales, service, and operations. Steve has over 20 years of insurance industry experience with Brown & Brown and has worked with many of Florida’s public entities. Steve started his career at Brown & Brown as an Account Executive and he moved into the Executive Vice President role running the Daytona Beach office 3 years ago. Steve will serve as a resource in expediting the resolution of any critical matters with top management at the insurance companies for the City of Port Orange staff and employees. Dustin Smurdon, Vice President & Benefits Leader dsmurdon@bbdaytona.com | (386) 239-8889 Dustin Smurdon is responsible for the overall performance of the Daytona Beach Employee Benefits Division. The team consists of about 50 teammates focusing on Service, Analytics, Marketing, Enrollment/Implementation and Wellness. Dustin has been with Brown & Brown since 2015. Prior to Brown & Brown, Dustin spent nearly 12 years with JPMorgan Chase in various operational and leadership roles. He currently serves on the Board of the United Way of Volusia and Flagler Counties as the Chair Elect. He is originally from Ohio, where he attended Ohio University and obtained his Bachelor of Business Administration degree in Finance and Marketing. Dustin holds his insurance licenses for Life, Variable Annuities & Health along with the General Lines Property & Casualty. Jessica Scott, Senior Vice President, City of Port Orange Primary Contact jscott@bbdaytona.com | (864) 918-1353 Ms. Jessica Scott will serve as the primary contact (Account Executive) for The City of Port Orange and will work together with the assigned team at Brown & Brown to ensure needs are being met on a daily basis. Jessica has over 15 years of benefits consulting experience with Brown & Brown, in the Account Executive role. Prior to Brown & Brown, Jessica worked for a technology company in sales from the time she graduated college until starting her career at Brown & Brown. Jessica will be responsible for leading the team in all aspects of the health & welfare engagement. She will provide strategic advice and support on all facets of the employee benefit plans, from plan design strategy, funding alternatives, implementation, administration, board and committee presentations, resolving escalated service/claim issues and compliance. Jessica has been working with both local and statewide public entity clients for the duration of her career. Jessica also serves on the following local non-profit boards: PACE Center for Girls, YMCA, Checkered Flag Committee and former Board Chair of Domestic Abuse Council and United Way of Volusia and Flagler. Jessica grew up in Ormond Beach and went to college at Furman University in Greenville, SC, where she obtained her Bachelor of Arts degree in Psychology. Jessica holds her insurance license for Life, Variable Annuities & Health. Page 33 Jessica currently manages 58 clients: 18 large, 28 medium and 12 small clients. Jessica’s Areas of Expertise Include: • Annual renewal negotiations for all clients (medical, dental, vision, life, disability, flexible spending accounts, and voluntary benefits) • Managing RFP process • Working closely with Insurance Committees to establish renewal calendars, and with RFP design and management, vendor selection, and negotiations • Presentations to Boards, Committees, Unions, etc • Monthly, Quarterly, and Annual claims reviews to include Executive Summaries and • recommendations in order to accomplish budgetary goals • Compliance oversight for all clients • Coordination with actuary to assist with 112.08, RDS, and OPEB filings for self-funded public entity clients • Recently working with HR and Finance departments to assist them with applying for a Small Business Loan through the CARES Act. • Pharmacy disruption analysis to determine the impact of changing Pharmacy Benefit Managers (PBMs) • Claims re‐pricing analysis to determine the potential savings between networks • Wellness program design, implementation, and ongoing initiatives • Payroll vender selection and implementation • Transitioning multiple clients from fully insured to self-funded health plans • Onsite/Near-site clinic consulting to include RFP process, vendor selection, and ongoing coordination between clinic vendor and health plan • Disability contract analysis to identify potential areas of concern or where improvements could be made based on industry • Healthcare concierge vendor selection and implementation • Open enrollment planning, presentations, and assistance with enrolling in benefits Commitment to the highest level of service to both HR and leadership teams at clients as well as their employee Page 34 Lindsey McClammy, Marketing Leader LMcClammy@bbdaytona.com | (386) 239-8892 Lindsey McClammy oversees Brown & Brown Daytona Beach’s employee benefits marketing team. She has spent her 10+ years at Brown & Brown first as small business leader, then as senior marketing analyst, and developed into a leader with strong carrier relationships to get deals done for our clients. Lindsey earned her Bachelor of Arts in Communications from the University of West Florida and holds a Florida Life & Health (2-15) License. Areas of specialization include: • Self-Funded RFP Specifications • Medical, Dental, Vision, Life, Disability, and Voluntary Products • Fully Insured Plans, Partially Self-Funded Plans, and Self-Funded Plans • Carrier Negotiations • New carrier relationship development • Contribution modeling and develop customized ad hoc reports with insurance carriers to facilitate the City of Port Orange with plan decision throughout the year Brenda Thurston, Senior Marketing Analyst bthurston@bbdaytona.com | (386) 239-7230 Brenda Thurston will be responsible for the marketing process and will be available to the City of Port Orange all year to propose new market options as they become available. She has over 21 years of employee benefits experience, where she has been leading our large group & public entity Marketing Department. She holds a Florida Life & Health (2-15) License and earned the Associate in Insurance Account Management (AAIM) designation from the Florida Association of Insurance Agents. Brenda has significant knowledge regarding the Florida market as well as relationships with all major Florida medical and ancillary carriers. Areas of specialization include: • Prepare RFP for City of Port Orange’s benefit coverages, gather the required information to send to carriers • Release bid to all carriers with detail information on requirements, answer all questions that may follow • Review and analyze bids when they come in and prepare formals proposals for presentation • Negotiate with carriers • Notify carriers of final decision, order benefit summaries, applications, certificates, and policies • Term letter to prior carrier(s) • Review certificates and policies to be sure they are accurate to sold benefits • Meet with carriers throughout the year to stay up to date with plans, trends and continued training Page 35 Theresa Muscovitz , Senior Account Manager TMuscovitz@bbdaytona.com | (386) 239-7248 Theresa Muscovitz will oversee the team servicing the City of Port Orange and will be available for any service issues and concerns. She has over 20 years of insurance industry experience and holds a Florida Life & Health (2-15) License. Theresa has been in the Account Management role at Brown & Brown for the last 6 years. Prior to that, she spent 9 years as an HR/Operations Director with a cobra TPA and earlier in her insurance career she spent 5 years as a cobra implementation specialist. Areas of specialization include: • Training of service team • Maintaining strong relationships with service leaders at each carrier to resolve issues on behalf of our clients • Assist employees during annual enrollment with benefit questions • Providing guidance on employee benefit legislation, regulation, and procedures to ensure compliance • Prepare communication for Annual Enrollment • Assist client with eligibility issues • Assist with implementation/ ongoing utilization of Benefit Administration system • Assist with compliance items- COBRA, LOA, Retiree Billing • Solving claims issues • Process the annual renewal within the benefit administration system for carriers, rates and class structure • Test, correct and retest the benefit administration system • Assist or make appropriate liaisons regarding ACA processing and questions on employer reporting • Lead the implementation of new carriers and plan designs for the City • Prepare the Benefits At a Glance handbook and additional employee communications Page 36 Laurie Nelson, Service Manager lnelson@bbdaytona.com | (386) 239-4054 Laurie Nelson will oversee the team servicing the City of Port Orange, serve as its Account Manager and will be available for any escalated service issues and concerns. Laurie will be assisting and her team to ensure fluent communication and adequate problem solving. She has over 24 years of insurance industry experience and holds a Florida Life & Health (2-15) License. Laurie started her insurance career in 1994 with a local TPA as an Account Manager. Brown & Brown purchased the TPA and Laurie moved into an Account Manager role with Brown & Brown for 10 years. She was promoted to Service Manager with Brown & Brown 8 years ago and continues to lead the Account Management team today in this role. Areas of specialization include: • Maintaining strong relationships with service leaders at each carrier to resolve escalated issues on behalf of our clients • Developing customized services based on our clients’ requests and needs • Providing on-going guidance on employee benefit legislation, regulation, and procedures to ensure compliance • Ensuring the Account Management team is properly staffed to support our clients • Providing continued training for Account Management team • Assisting with implementation/ ongoing utilization of Benefit Administration system Amanda Hutson, Billing, Invoice, Compliance ahutson@bbdaytona.com | (386) 944-5809 Amanda will serve as the city’s dedicated analyst for billing, invoicing, and compliance. She has been with Brown & Brown for 5 years and previously worked in the financial serves industry for 17 years. Some of her responsibilities include: • Dedicated to client billing to include but not limited to audit, research, and resolution • Auditing 1st months invoice after renewal and continued audits throughout the year as needed • Assist Account Managers with additional client related projects Page 37 Brandon Savage, Director of Risk Management bthurston@bbdaytona.com | (386) 239-7230 Brandon Savage is responsible has over 12 years of insurance industry experience primarily and has excelled in a variety of diverse roles during this time, including Account Executive and Director of Account Management, Director of Risk Management for clients over 100 lives.  He is an alumnus of the State University of New York and holds a Florida Life & Health License. Brandon has been with Brown & Brown just under 5 years and leads the Analytics team, with responsibility for 3 teammates.   On a high level, Brandon’s team is responsible for analyzing claims data, making recommendations for changes in plan design where needed, benchmarking plan designs, identifying cost drivers, as well as serving as the primary liaison with our actuaries.  Specifically, his team provides quarterly claims analysis, total costs projections, benchmarking reports, contribution modeling, alternate stop loss deductible recommendations, and develop customized ad-hoc reports to address other areas of interest/concern. Areas of specialization include: • Actuarial Projections – aggregation of data, work with the Actuary, summarization of financial results • Renewal Meeting Preparation and Presentation with HR and Health Insurance Committee to progress towards goals • Monthly Plan Performance vs. Budget summaries, including stop loss monitoring and rebate tracking • Ad-Hoc Reporting • Semi-Annual / Quarterly Plan Performance Reviews • Budget Reporting/Projections • City Commission Presentations • FS 112.08 Filing – Aggregation of data, production of draft and filing by Actuary Page 38 Tiffany Hill, Certified Wellness Program Coordinator & Implementation Leader thill@bbdaytona.com | (386) 333-6064 Tiffany Hill has over 12 years of insurance/employee benefits experience. Tiffany started her career as an HR Director for a local company for 6 years. She came to Brown & Brown 6 years ago and started as an Account Manager. Three years later, she became the leader of the implementation team. She is responsible for maintaining implementation calendar throughout the year, which includes all open enrollment meetings for entire Brown & Brown Daytona employee benefits book of business. Tiffany maintains relationships with the producer, marketer, and account manager as main point of contact for setting up both in person and virtual open enrollment meetings. Tiffany is responsible for sending out follow up client satisfaction surveys as well as communication results to internal team. She works directly with benefits leader to constantly seek out new and efficient solutions to provide client with ongoing education on their health and wellness plans. Tiffany became certified as a Wellness Specialist in 2017. As a Wellness Specialist, Tiffany is the client point of contact for any corporate wellness program initiative/effort. Tiffany is responsible for assisting clients as well as working with carrier partners to create and roll out all levels of corporate wellness programs. This includes supporting the client through organizing various onsite screenings and health fairs, creating and providing employee communications, assisting with client’s online wellness platform, assisting clients with the creation of company wellness committee and lastly developing/driving yearly wellness strategies and goals. Tiffany is a certified as a wellness program coordinator through The Chapman Institute (CWPC) and holds a Florida Life & Health (2-15) License. Steve Hall, Implementation Specialists shall@bbdaytona.com Steve Hall has been and will continue to be the City of Port Orange’s dedicated implementation specialist. Steve’s responsibilities will focus in and around the time of open enrollment but will also engage new employees per the direction of the City on a monthly or quarterly basis. Steve has an excellent understanding of all lines of coverage that we offer and has worked with all carriers through new business and renewals. Steve has over 10 years of customer service experience and is well versed in handling an array of questions, comments, and concerns from employees and will host as many meetings as the city of Port Orange requires during open enrollment. Steve holds a Florida Life & Health (2-15) License. Page 39 3. DESCRIPTION OF INDIVIDUAL’S PERSONAL KNOWLEDGE OF INSURANCE MARKETS, SPECIFICALLY HEALTH AND DENTAL FOR FLORIDA LOCAL GOVERNMENTS. We have outlined within each teammates’ resume and description that the City has been assigned a team where each individual has at least 10+ year of experience either in the insurance industry and at Brown & Brown. Therefore, the City has a dedicated team assigned who has worked with health and dental plans for Florida local governments for several years and are experts within these markets. The entire team at Brown & Brown meets weekly with insurance carriers, specifically medical and dental, as well as additional lines of coverage, to understand all updates within each carrier in the marketplace so we can keep our clients abreast of the latest trends, plans, and products available. We complete training early every year with each carrier to understand the plans that have been filed for that year and the changes that have been made. Through our national and local contacts, we continue to develop new partnerships with medical and dental carriers. Our compliance team alerts us of any mandates and changes that need to be implemented specifically for our Florida public entity clients. 4. DESCRIPTION OF THE FIRM’S RESOURCES AVAILABLE FOR KNOWLEDGE IN THE FOLLOWING BUT NOT LIMITED TO AREAS, PPACA, COBRA, HIPAA, FSA, SECTION 125, CAFETERIA PLANS, AND HDHP/H.S.A. Employee Benefits compliance has become one of the most complex challenges facing employers and is where Brown & Brown can add tremendous value. We have access to ERISA attorneys, Employment Law attorneys, HR workplace, Zywave, Spot on Resources and the CoreCompliance Applications to stay well-informed of all Federal and State mandates and requirements. We also provide our clients with access to HR workplace, so they have access to HR professionals for non- health and welfare related questions. Also, our Service Leader, sends out monthly compliance updates to our clients, and the items that apply to the City are discussed in detail. All of the required annual employee notices are included in the Benefits at a Glance booklet we produce annually, which can be posted to your intranet and reviewed at open enrollment. In addition to having the above resources available for specific questions and issues, we frequently advise our clients to attend the webinars that are hosted to proactively ensure compliance. We periodically send out newsletters and communications to keep our clients at the forefront of any legislative and/or industry updates. Page 40 Brown & Brown also utilizes: ✓ HIPAA HiTech Compliance ✓ Cloud Computing and Server Systems ✓ Encrypted Emails ✓ IT Infrastructure Compliant with SOX See below for Compliance Resources Communications Examples. Page 41 If the City of Port Orange would like to evaluate alternative to their current section-125 benefits plan, we would include some questions in your employee surveys to evaluate employee interest in exploring alternatives to a traditional cafeteria plan like moving to a post-tax arrangement. We can vet out alternatives using our various vendor relationships. Brown and can conduct a full audit of the City of Port Orange’s section 125 to ensure compliance. Items that must be included are: 5. DESCRIPTION OF THE FIRM’S LEGAL RESOURCES ASSOCIATED WITH EMPLOYEE BENEFITS. As a consultant for several multi-state employers, our team is thoroughly trained on new and current state regulations pertinent to the compliance of our customers. We have both internal and external legal counsel to keep us at the forefront of any changes in both state and federal legislation. Our internal legal counsel is used to advise for most matters, as they are also insurance experts. In addition to our internal team, we have contracted with a third-party legal firm, Miller Johnson and Ford Harrison, both specializing in all aspect of Health and Welfare plans including PPACA, HIPAA/HITECH, Medicare Part D, Employment law, FMLA, FFCRA, and the CARES Act. In addition, any time a client has a benefit related legal question, we email our attorneys, and forward their legal opinion on the matter to the client. These responses are generally within the same day and add significant value. We are also able to coordinate conference calls with our attorneys as needed. Should changes in regulation impact the City of Port Orange employee benefits program, we will work with our attorneys to ensure you are educated on the matter as early as possible and will assist in establishing a plan for compliance moving forward. Our National Employee Benefits team and attorney partners have created state-specific compliance guides, checklists, and training videos to ensure our clients’ programs conform with all necessary regulations In addition, our team can utilize technology like the CoreCompliance application to adapt to each of our clients’ specific compliance needs. The CoreCompliance application operates on a proprietary platform that adapts to each customer’s specific needs. The items for review are determined based on responses to specific compliance questions during the live compliance exploration. Use of the proprietary platform enables a more detailed review of applicable compliance issues while forgoing compliance topics that do not apply to the employer. • A description of benefits • Coverage period • Eligibility rules • Election period • General irrevocability rule • Permitted exceptions to that rule • Effective period • Way employer contributions are made • Maximum salary reductions available • Plan year Page 42 For example, if an employer states that because of ACA, they now have non-salaried employees participating in their Section 125 plan to pay for major medical coverage, but are not eligible for other benefits offered under the Section 125 plan, the application notes that this is a possible discrimination issue, and allows the consultants to provide a suggested course of action to address the issue further. Brown & Brown will provide written guidance to the City’s staff any time a new state or federal law changes which may impact the City’s benefits program. Recent examples include the FCCRA, Cares Act and Consolidated Appropriations Act information related to the COVID-19 pandemic. We also provide monthly updates in HR, the employee benefits industry and compliance matters. Our Medical Director and compliance teams host regular webinars and additional resources to ensure the City is well informed. In addition to regular interaction with your Senior Vice President and Account Manager on these matters, available resources will include: • Brown & Brown Internal Counsel o Anything specific to Florida statutes can be researched by Brown & Brown’s internal counsel ▪ For example, the Fire Fighter Cancer Law that went into effect 7/1/19 for public sector groups • Subject Matter Experts within Brown & Brown o Dr. Louise Short – National Clinical Leader o Nick Karls – VP, Regulatory & Legislative Strategy o Population Health Team o Innovation Hub o EB Tech Team • Miller Johnson - ACA/ERISA/Compliance Attorneys on retainer o Provide written legal guidance for clients as needed usually within the same day of the request o Written compliance updates o Seminars/Webinars when new regulations are released • Spot On Resources Online Client Portal o Search by topic name to find related compliance bulletins, overviews, and other resources o HR Workplace - HR consulting service is and will continue to be provided to the City Page 43 Page 44 Page 45 Page 46 Brown & Brown will advise and assist on all tracking and monitoring of the many employer mandates and financial responsibilities that are reviewed, including: • Medicare Part D • 6055/6056 Tracking and Reporting • W-2 Reporting • Pay or Play Penalties In addition to the services above, Brown & Brown performs the following tests to ensure our clients’ plans are compliant. These tests are run through our in-house models or checked against federal guidelines to ensure compliance. • Affordability testing for ACA purposes • Actuarial 60% value testing for ACA purposes • Non-Discrimination testing • GINA, ADA, and ACA testing for wellness programs • Mental Health Parity Brown & Brown has implemented Benefits Administration Technology for several of our clients in order to help them stay compliant with eligibility, ACA reporting, measurement/look back periods, employee notices, etc. In addition to ACA compliance, Brown & Brown assists our clients in complying with the following regulations: • IRS Section 125 • COBRA • Medicare Part D Annual Disclosure to CMS • CHIP Notices • Women’s Health & Cancer Rights Notice • Newborn’s and Mother’s Health Protection Act • HIPAA • HITECH • ADA • OPEB • FMLA • FFCRA • CARES Act Page 47 Tab C: Location and Accessibility Page 48 Account Executive assigned to The City of Port Orange Jessica Scott, Senior VP of Employee Benefits Brown & Brown Insurance 300 North Beach Street Daytona Beach, Florida 32114 Ms. Jessica Scott will serve as the primary contact for The City of Port Orange and will work together with the assigned team at Brown & Brown to ensure needs are being met on a daily basis. Jessica has over 15 years of benefits consulting experience with Brown & Brown. Prior to Brown & Brown, Jessica worked for a technology company in sales from the time she graduated college until starting her career at Brown & Brown. Jessica will be responsible for leading the team in all aspects of the health & welfare engagement. She will provide strategic advice and support on all facets of the employee benefit plans, from plan design strategy, funding alternatives, implementation, administration, board and committee presentations, resolving escalated service/claim issues and compliance. Jessica has been working with both local and statewide public entity clients for the duration of her career. Jessica also serves on the following local non-profit boards: PACE Center for Girls, YMCA, Checkered Flag Committee and former Board Chair of Domestic Abuse Council and United Way of Volusia and Flagler. Jessica grew up in Ormond Beach and went to college at Furman University in Greenville, SC, where she obtained her Bachelor of Arts degree in Psychology. Jessica holds her insurance license for Life, Variable Annuities & Health. Jessica’s Areas of Expertise Include: • Annual renewal negotiations for all clients (medical, dental, vision, life, disability, flexible spending accounts, and voluntary benefits) • Managing RFP process • Working closely with Insurance Committees to establish renewal calendars, and with RFP design and management, vendor selection, and negotiations • Presentations to Boards, Committees, Unions, etc • Monthly, Quarterly, and Annual claims reviews to include Executive Summaries and • recommendations in order to accomplish budgetary goals • Compliance oversight for all clients • Pharmacy disruption analysis to determine the impact of changing Pharmacy Benefit Managers (PBMs) • Claims re‐pricing analysis to determine the potential savings between networks • Wellness program design, implementation, and ongoing initiatives • Transitioning multiple clients from fully insured to self-funded health plans • Onsite/Near-site clinic consulting to include RFP process, vendor selection, and ongoing coordination between clinic vendor and health plan • Disability contract analysis to identify potential areas of concern or where improvements could be made based on industry • Healthcare concierge vendor selection and implementation • Open enrollment planning, presentations, and assistance with enrolling in benefits Commitment to the highest level of service to both HR and leadership teams at clients as well as their employee’s. Page 49 Account Manager assigned to The City of Port Orange Theresa Moscovitz, Senior Account Manager Brown & Brown Insurance 300 North Beach Street Daytona Beach, Florida 32114 Theresa Muscovitz will oversee the team servicing the City of Port Orange and will be available for any service issues and concerns. She has over 20 years of insurance industry experience and holds a Florida Life & Health (2-15) License. Areas of specialization include: • Training of service team • Maintaining strong relationships with service leaders at each carrier to resolve issues on behalf of our clients • Assist employees during annual enrollment with benefit questions • Providing guidance on employee benefit legislation, regulation, and procedures to ensure compliance • Prepare communication for Annual Enrollment • Assist client with eligibility issues • Assist with implementation/ ongoing utilization of Benefit Administration system • Assist with compliance items- COBRA, LOA, Retiree Billing • Solving claims issues • Process the annual renewal within the benefit administration system for carriers, rates and class structure • Test, correct and retest the benefit administration system • Assist or make appropriate liaisons regarding ACA processing and questions on employer reporting • Lead the implementation of new carriers and plan designs for the City • Prepare the Benefits At a Glance handbook Page 50 1. NUMBER OF ACCOUNTS FOR WHICH THE ACCOUNT EXECUTIVE IS RESPONSIBLE. Jessica currently services 58 accounts: 18 Large (over 500 employees), 28 medium (100-500 employees) and 12 small (2-100 employees) Theresa serves as Account Manager for 15 accounts. 2. HOW THE CITY’S ACCOUNT WOULD COMPARE IN SIZE AND SCOPE TO OTHER CLIENTS OF THE AGENT/BROKER. Brown & Brown is a middle market broker, meaning the average size accounts we have within our book of business is between 100-500 employees. Therefore, The City of Port Orange is exactly the size account we have expertise in servicing. Specifically, the majority of Jessica Scott’s accounts range between 100-500 employees, as well. 3. STEPS THE ACCOUNT EXECUTIVE OR THE FIRM WILL TAKE TO ASSURE THAT PROPER ATTENTION WILL BE GIVEN TO THE CITY’S ACCOUNT AS YOUR BOOK OF BUSINESS GROWS. Brown & Brown is staffed in anticipation of acquiring new clients and plans carefully for increases in workload to ensure we sustain the highest level of service. This is why our Daytona Beach benefits team has grown to over 50 employees, and we continue to hire in anticipation of taking on new accounts. We have designated areas within our department, so depending on the need or issue that arises, we have an expert who can respond immediately based on the nature of the need or issue. This team is a resource to the Account Executive assigned to the City, so that Jessica can focus on the more immediate issues or projects that come up, as well as the marketing/renewal process, claims reviews and compliance assistance. A dedicated Account Manager (Theresa) is assigned to the City and serves as the day-to-day contact, while keeping the Account Executive abreast of any issues or questions the City has. Theresa and Jessica work together to give the City proper responses and attention to issues within the same day. We provide the City with direct office numbers, email addresses and cell phone numbers to ensure accessibility of the team assigned. We provide back-up personnel in the event of a team member being absent or unavailable. Each Account Manager has a technical assistant assigned, so that the Account Manager can focus on the more complex issues that arise, while the technical assistant can address more time consuming, but less complex issues. The Account Executive works with this team to ensure that if any issues are escalated or emergencies, she can involve the proper parties to find resolution quickly. Jessica is available to the City 24/7 and typically responds either immediately or within a couple hours, even on nights, holidays and weekends. Page 51 4. DESCRIBE WHAT ACCESS WILL BE MADE AVAILABLE TO ADMINISTRATORS AND TO EMPLOYEES. OUTLINE THE RESPONSE PROCESS AND TIMEFRAME FOR ADDRESSING NEEDS AND/OR CONCERNS OF THE CITY’S ADMINISTRATION AND/OR THE CITY’S EMPLOYEES. Our service philosophy is concierge customer service to ensure the City of Port Orange’s administrators and employees have a high level of satisfaction with their health and welfare plans. We strive for proactive account management so that we can bring solutions to the table before a lot of issues are encountered. We always call or return emails within 24 hours and also attempt to solve the issue within that same time frame. If we cannot then we provide our clients with a timeline as to when the issue will be resolved. The key to effective communication and coordination of employee benefits programs is organization and follow-through. Our team utilizes Vertafore and a suite of agency management systems called AMS360 Online, ImageRight and BenefitPoint. These systems enable our team to effectively manage all client tasks with integrated solutions focused on identifying, tracking and completing workflows on time, every time. 5. PROVIDE TIMEFRAME FOR STAFF RESPONSE TO ANY CITY INQUIRES. Brown and Brown has a guaranteed 24 hour response time, but typically response time is immediate or within the same day. We try to have resolutions back to our clients within 24 hours, if it is not something we can resolve immediately and requires further escalation and research. However, we keep our clients informed on the estimated time to resolve issues and where we are in the process. Account Managers are available to the City weekdays, typically between 7am-6pm, but most work beyond those hours, as well. Jessica Scott is available 24/7 to ensure that the City will receive a response, even if it is nights, holidays and weekends. She has found that some urgent issues do come up after hours, and she wants to make sure City staff and employees know she is available any anytime to assist. Page 52 Tab D: Licenses/ Insurance Page 53 The license to Practice in the State of Florida: Page 54 Sunbiz Brown and Brown Annual Report Page 55 Page 56 Professional Licenses: Page 57 Page 58 Page 59 Proof of Insurance Page 60 Tab E: Financial Stability/ Litigation and Debarment History Page 61 Financial Stability Certified Financial Statements Brown & Brown’s 10-K is our annual report required by the U.S. Securities and Exchange Commission, that gives a comprehensive summary of our financial performance. Brown & Brown’s financials are audited by an independent registered public accounting firm, Deloitte & Touche LLP, per the 10-K found in the link below: https://investor.bbinsurance.com/node/17511/html This tab shall contain information on the nature and magnitude of any litigation or proceeding whereby, during the past five (5) years, a court or any administrative agency has ruled against the firm in any matter related to the professional activities of the firm. None to be reported This shall include any class actions within your company where named, industry investigations by Attorneys General, in addition to individual cases. None to be reported We are prepared to supply a financial statement upon request. In addition, as a publicly traded company, our financials can be found: https://investor.bbinsurance.com/annual-reports Brown & Brown has not had any debarmen t actions against our company by the City or any other public entity in the last 5 years. Brown & Brown has not had any contract awarded by another government agency terminated in default or convenience. Brown & Brown will inform the City of any new claims filed against us. Page 62 Tab F: Client References for Similar Projects Page 63 References Client * City of Ormond Beach – Public / City Contact Claire Whitley Title Assistant City Manager Phone 386-676-3202 Email Claire.Whitley@ormondbeach.org Lines of Coverage Medical, Dental, Basic Life, Voluntary Life, LTD, Worksite, Vision, FSA/HSA/Section 125, Plansource Time Period of the Project Address 2008 – Present 22 S. Beach St Ormond Beach, FL 32174 Client* City of Holly Hill – Public / City Contact Diane Cole Title Human Resources Manager Phone 386-248-9440 Email DCole@cityofhollyhill.org Lines of Coverage Medical, Dental, Basic Life, Voluntary Life, Vision, Worksite, Plansource Time Period of the Project 1999 – Present Address 1065 Ridgewood Ave. Holly Hill, FL 32117 Client * City of Edgewater – Public / City Contact Julie Christine Title Human Resources Manger Phone 386-424-2400 x1701 Email jachristine@cityofedgewater.org Lines of Coverage Medical, Dental, Basic Life, Voluntary Life, LTD, Worksite, Vision, FSA/HSA/Section 125, Plansource Time Period of the Project 2006 – Present Address 104 N Riverside Dr, Edgewater, FL 32132 Page 64 Tab G: Innovative Solutions and Project Approach Page 65 Financial 1. HOW CAN YOUR FIRM ASSIST THE CITY FINANCIALLY? As the largest insurance agency in the state, we work closely with the insurance carrier representatives and underwriters to stay abreast of the changes in the market and developments specifically related to the healthcare industry. We regularly attend carrier seminars, host in-house meetings with insurance carrier representatives, and participate in webinars which relate to issues affecting our clients. This allows us to keep the City up to date on new cost-saving strategies such as alternate funding, reference-based pricing, and captive/consortium arrangements – to name a few – that could be a good fit. As we place coverage (new and renewal) throughout the state, we use our market clout to have insurance carriers compete with one another for the business. Because of strong carrier partnerships, we are usually the first agency in the state to have access to new insurance carrier products. Brown & Brown will consult with the City through all phases of the marketing and insurance placement process. There are many factors to be considered when evaluating a proposal, including, but not limited to, overall cost, network of providers, compliance with RFP, plan design, and recommendations in regard to the needs and objectives of the City. Preparation and education are key components that will conclude with a successful outcome – this is where our strategic benefit plan comes into play. We will then approach the appropriate markets to obtain competitive proposals which is then consolidated into a marketing analysis that is presented to the City. Marketing Service Listing: • Prepare Request for Proposal for benefit services • Network disruption analysis • Review all plan documents to ensure all changes are agreed and decided upon • Provide vendor notifications to the City including recalls on drugs, network additions and deletions, etc. • Maintain preferred/highest level status with all insurance carriers • Generate our own comprehensive underwriting analysis to negotiate carrier rates • Provide marketing analysis including all competitive quotes within a comprehensive proposal • Develop new insurance programs via regular meetings with carriers/ TPAs • Negotiate multi-year rate guarantees, second year rate caps, package discounts, performance guarantees, technology and wellness subsidies Once the proposals are received, Brown & Brown will analyze and compare them to the in-force coverages and illustrate the advantages and disadvantages of each proposal in a marketing presentation to be reviewed the City’s staff. The presentation will include: AM Best ratings of carriers, a market summary showing all carriers that provided competitive proposals, medical, dental, life and AD&D, disability coverages, and voluntary benefits all highlighted on easy-to-understand spreadsheets. We will also provide a network analysis to illustrate the strength of each carrier’s network in your area. Page 66 We will outline performance guarantees, wellness/implementation funds, multi-year rates, and package savings that we have negotiated on City’s behalf. After reviewing all the options, Brown & Brown will then work with City to determine finalists and begin negotiations with the chosen carriers. There are many ways to structure plan designs and each one is custom to each client. Here are a few ways we work with clients to help with long term premium stability: • Utilization of self-funded plans when appropriate • Plan design optimization based off historical and current claims experience and employee utilization • Adjusting specific benefits to create steerage of the employees to utilize the plan in a cost- effective manner • Evaluation of networks and new trending options. (i.e. ACO’s, narrow networks, wrap networks etc.) • Our wellness coordinator custom designs a program to help reduce claims across the entire group • Initiate biometric screening and health risk assessments to catch conditions before they become more serious and turn into a shock claims • When appropriate, we take the group out to market to make carriers compete with each other. We have access to all the large medical carriers • We leverage our national book of business to negotiate the best rates available in the market • We provide employee education around plan utilization and cost savings measures, to reduce claims costs Each quarter, we will review the City’s plan performance and utilization and make recommendations for cost‐savings. When we project renewal costs, City’s senior analyst, Brandon, will utilize our plan design modeling tool to estimate the claims savings attributable to specific plan design changes such as increasing copays, deductibles, or out of pocket maximums. This tool calculates the actuarial value of the current plan and any alternative plan designs and calculates claims savings between the two. On the next page, is a sample of an exhibit illustrating plans the impact of making plan design changes (highlighted in gray) to achieve a lower actuarial value and thus a corresponding claims savings. Page 67 We will also work with the City to model various employer/employee contribution scenarios and provide cost projections based on several enrollment migration outcomes. These contribution models are best in class and take can take into account salary bands, tobacco surcharges, wellness credits, and any other component of contribution structure City’s desires. Page 68 2. HOW SUCCESSFUL ARE YOUR FIRM’S RENEWALS AND NEGOTIATIONS? Marketing We have a separate and distinct marketing department that assesses all carriers and stays well- informed on the latest products and services available. We feel we can provide the most comprehensive marketing effort in comparison to any broker in that we access the entire market and not just our preferred vendors. As the largest insurance agency in the state, we work closely with the insurance carrier representatives and underwriters to stay up to date with the changes in the market and developments specifically related to the healthcare industry. We regularly attend carrier seminars, host in-house meetings with insurance carrier representatives, and participate in webinars which relate to issues affecting our clients. We are able to navigate the marketplace working with virtually all insurance carriers in the entire state, as well as nationally. As we place coverage (new and renewal) throughout the state, we use our market clout to have insurance carriers compete with one another for the business. Because of strong carrier partnerships, we are often the first agency in the state to have access to new insurance carrier products. Our standard marketing process involves marketing to all carriers, TPA’s and products that the client is interested in, and in doing so we are able to leverage the best price. We also request wellness and implementation funds, technology credits, along with service, network and pricing performance guarantees. We will continue to perform a full review of all the terms and conditions and make sure the city of Port Orange is offered the most comprehensive health and welfare plans. There are times when we go through this process and do not recommend a carrier change; however, we are able to leverage the current vendor for improved pricing and services. If a carrier change is being contemplated, we will perform a comprehensive network re-pricing and provider disruption. We have demonstrated successful renewal negotiations for the City of Port Orange over the last 5 years. See next page for Brown and Brown’s historical negotiations for the City of Port Orange. Page 69 Page 70 We have used various negotiation methods for the City of Port Orange, including marketing and direct negotiations with current carriers without marketing. For the 2020 renewal, the HR team asked that we try direct negotiations with the current carriers without marketing first since the City was transitioning to a new benefit administration/payroll platform and needed to load benefits well in advance of going live and changing carriers/plans would create a lot of issues and delays. Therefore, we were successful in negotiating a 3.9% increase without any plan changes, after coming off a negotiated 18 month renewal at flat prior to this renewal period. This renewal was under budget and therefore, approved without going through a full RFP process. For the 2021 renewal, we were able to secure flat renewals by early August from both FHC and Metlife without going through the marketing process. The board approved this by September, which allowed employees to keep their premiums and benefits the same and not have to worry about changes during a difficult pandemic year, with no increase to the budget. In addition to the City of Port Orange’s renewal in 2021, please find our 2020/2021 renewal negotiation results for our local public entity accounts: For the 10 fully insured local public entities (within Volusia/Flagler counties) that Brown & Brown services as consultant, we were able to negotiate 5 flat (0%) renewals, 2 (-2%) decreased renewals and the 3 clients that did have increases, did not exceed 6% after negotiations. For the clients that did have increases, their loss ratios averaged over 85% and their renewals started between 10%-20% increases. The majority of the final renewals (including the flat and decreased renewals) were negotiated without marketing to competitive carriers, due to the clients wanting to not change carriers or plans and we were able to achieve below budget negotiations at least 4 months prior to the renewal date, allowing plenty of time for board approval and open enrollment meetings. Historically, it has been a practice at Brown & Brown to go to market for our clients every year, regardless if they really do not want to change carriers. We have found that this practice has frustrated many of our carrier partners, as they feel they are being used to negotiate a renewal without really being considered as an option by the client. There is a lot of time and energy spent by the carriers to put together competitive proposals and if they are not seriously being considered, they may refuse to quote in future years and this could limit options for clients. Therefore, especially for our clients with FHC, we have started to have conversations many months in advance of the renewal to understand how the experience has been with the current carrier, where the budget for insurance is that year and if there is a desire to make a change or not. If the client rather not make a change and if the main goal is to get the most competitive renewal from the current carrier and under budget, then we have those conversations with the current carrier up front. We pre-negotiate the renewal before it is even released, indicating where the client needs the renewal to be in order to be comfortable enough to renew without looking at other carrier quotes. Page 71 We have been very successful doing this up front negotiation and for the City of Port Orange, this has resulted in mostly flat renewals. We even negotiated a flat renewal for 18 months, in order to move the effective date to a calendar year. This is how a true partnership works between the consultant, the carrier and the client. And through this practice, now competitive carriers understand that if we are out to market for our client, it is because they truly want to entertain other options and their quotes will be considered. This results in the carriers offering the most competitive quote each year that we solicit competitive quotes. If a client is concerned that they will not get the best renewal unless we do a full market analysis, then we are always happy to do that. In fact, our relationship is so good with our carrier partners, some have even offered to send competitive quotes in order to help leverage the incumbent carrier, even though they know the client has no intention of changing carriers. They do this to help us get the best rates and plans for our clients, when it is appropriate. We have a very good understanding of what leverages each carrier and their underwriting team and know when we need to use this tactic or know when we will get a better renewal having up front conversations with the carrier and coming to an agreement of a renewal that the client will be very happy with. Brown & Brown has also created a consortium exclusively for our public entity clients within Florida. Receiving quotes from the consortium has resulted in some aggressive renewals from incumbent carriers, thus the client has decided to stay with their current carrier. However, we have also had great success moving clients into the consortium and they have been able to keep their premiums very low, in addition, they are able to receive money back during years their claims perform well, which is a big difference between our consortium and other competitor’s consortiums. We also have partnered with another Captive, which has the lowest up-front costs to join vs competitors. Typically, captives require around 20% collateral to join and Brown and Brown’s only require 5-6% and provides very aggressive fixed costs. Page 72 3. WHAT OTHER COST SAVING MEASURES HAS YOUR FIRM SUCCESSFULLY UTILIZED (I.E. TRANSITIONING TO SELF-FUNDING, ETC.). In terms of cost-savings, our team has a variety of solutions in place to reduce your bottom line. We can deliver savings on your health plan in the following ways: • Fully-Insured carrier negotiations • Implementation of alternate-funding strategies o Self-funding/Level-Funding with surplus returns o Reference-Based Pricing o Captive/Consortium o Risk Pool Management • Employee Health Clinics – Our team has had huge success with the design and implementation of employee health clinics for our public entity clients. City of Palm Coast, Flagler Schools, City of Sarasota and City of St. Cloud are just some of the clients with whom we have built long-term partnerships, enabling our team to install complex clinic arrangements which have provided huge savings. In addition, we have worked with FHC to create specific clinic programs for our local government clients who are fully insured, to include skin cancer screenings, mammogram buses, $0 cost chronic pharmacy programs, etc for little to no cost at all. • Rx Carve Outs - For many of our self-funded groups we take the opportunity to analyze the contract with the self-funded medical vendor to ensure we have the best contract in place. One significant concern is the Rx contract with an ASO medical vendor. We routinely carve the Rx out and negotiate significantly better pricing discounts and rebate guarantees. One recent of example of this occurred at the City of Sarasota. Through strategic plan design, a formal RFP and carrier negotiations, our team reduced the City’s annual drug spend from $4.5 Million to $2.9 Million. Representing an annual savings of more than $1.6 Million (35%) • Direct Provider Relationships - For some of our self-funded clients we have entered into direct relationships with certain providers. This takes research on the front end and at times can require some significant network changes but can yield significant financial results for our clients that would like to pursue these options. • Disrupting the Status Quo – For some clients, it has been beneficial to remove the Rx mail order program. It is not well known but can, at time, be observed in the claim experience that the mail order prescription drugs are sometimes higher than retail Rx costs. This is not something that most brokers will track, however due to the lack of competition of mail order, certain generic medications are significantly overpriced when sold at a 90-day supply level. We have been able to revise some of our client’s plans so the employees can obtain a 90-day supply at retail. This is a strategy that has proven effective in keeping the Rx costs lower for the City of Palm Coast. Page 73 • International Drug Programs – Successfully implemented and managed international drug programs through Cana RX for multiple clients. This program has allowed some self-funded clients to experience immediate savings due to the lower cost of drugs direct from the distributors. We have explored moving several of our current clients from fully insured arrangements to various alternate funding arrangements. During our annual marketing process, we will work with the City to create a cost comparison of various funding strategies to find the most cost-effective solution that aligns with City’s long term benefits strategy. We have several current clients that we have helped transition to either self-funded or level-funded arrangements after careful consideration of claims projections and cash flow analysis aligning with budgetary needs. Example 1: Our current client, Flagler County School Board, has approximately 1,200 employees and we have been their broker since 2010. We assisted in their transition from fully insured to self-funded and they have remained self-funded since 2013. Overall, their plan has run very well with very low trends with the average employee increase being just 3% and the average employer increase of 2% over a six-year time period. They are also currently at over 40% of the state’s reserve amount per Section 112.08. They have a budget of approximately $11,000,000 per year. We also assisted in the implementation of a near site clinic with Advent Health, which has been in place since 2013. Over the years we have introduced many cost savings initiatives to the FCSB’s insurance committee including employee education, plan design and contribution modeling, changes to the medical and Rx contract and wellness programs. We recently conducted a full RFP in tandem with the purchasing department. We analyzed over 25 proposals and presented the results to the insurance committee. We were able to leverage an administrative cost savings of over $150,000 with enhanced carrier services including a wellness fund of $150,000 for each of the three years of the contract and a premium holiday for the first three months of the plan year. We also negotiated a comprehensive wellness package paid for by the insurance carrier, in addition to the $150,000 a year in wellness funds, including employee wellness coaching and quarterly activity challenges. We also recently negotiated free flu shots for all employees of the District not just the employees on the health plan. Example 2: Alternatively, we have several clients that have benefited from remaining in fully insured arrangements in the form of medical premium savings. One example of this is the work Ms. Jessica Scott has done as a broker/consultant for the City of Ormond Beach. Brown & Brown became Agent of Record for the City in 2009. We did extensive analysis on claims and plan utilization to customize and file a new plan design with Florida Health Care Plan (FHCP), without increasing out of pocket costs to employees. This change saved the City $400,000 in the first year. Over the next 5 years, we were able to negotiate renewals under the City’s budget without making any plan changes, even though claims experience was increasing each year. In 2015, FHCP could no longer afford to offer aggressive renewals, to stay within the City’s budget, as the City’s loss ratio and high claimants continued to increase. Page 74 Therefore, Brown & Brown worked with FHCP to create a new high deductible health plan as a base plan. This plan was designed by Brown & Brown and FHCP to include a lower deductible than industry standard, yet allowed employees and the City to fund a bank account to cover the deductible expenses for employees. In an effort to make this transition easier, we worked with FHCP to change the October 1st effective date to January 1st, so that the deductible would align with a calendar year. Making these changes gave the City a savings of over $350,000, which allowed the City to fund enough money into employees’ HSA bank accounts to cover the majority of the deductible. This kept the employee’s total deductible responsibility at $250, which was the same as the plan they had previously. When making this change to the high deductible health plan, Brown & Brown did an in depth look at claims and utilization, so we could implement ways to reduce the employees’ out of pocket expenses, while still being compliant with the high deductible health plan requirements. We worked with FHCP to create a medication list comprising of $4 and $12 copays for employees, based on the medications that the majority of the City employees were taking on a regular basis. We reduced the FHC workforce wellness copay from $10 to $5, to give employees affordable access to primary and urgent care. These changes had a significant impact on the January 2017 renewal. The loss ratio was reduced by over 40% in one year and the renewal was 60% below the City’s budget, which left additional funds to be used towards benefit enhancements for City employees in 2017. These benefits now include $0 copays for primary and urgent care visits, free medications to treat chronic conditions, and additional funding to employees’ HSA bank accounts to cover the entire employee deductible. To date, the City’s claims experience has continued to run well and Jessica has been able to negotiate renewals under budget each year. The 2020 year renewal was negotiated to a ‐3% decrease, saving the City $80,000. With the year over year savings the City has experienced, they are now funding $200 more than the deductible for employees each year and we have tied additional HSA funding to various wellness initiatives. Example 3: In 2020, Jessica Scott was able to negotiate $1 million dollars in savings for a local medium size private client without changing plans or carriers. This particular client was happy with their current fully insured medical carrier, Aetna. However, due to some financial reasons, they needed to save at least $500,000 to meet their insurance budget for 2020. Therefore, we performed a marketing analysis to pursue fully insured, level-funded and self-funded options. We were able to negotiate an $800,000 savings with both Cigna and UHC on a level-funded platform, matching their current plan designs, and giving the client the opportunity to achieve more savings if claims perform well at the end of the renewal period, due to the level-funded platform. The $800,000 in savings included a one month premium holiday of $200,000 from both carriers. Ultimately, we were able to negotiate their current Aetna fully insured medical plan to a -7% premium savings, and negotiated a $400,000 one month premium holiday, a $20,000 wellness fund and a free wellness program. This savings netted over $1 million dollars in savings and allowed their employees to not have to worry about changes to a program they were already happy with during a difficult year in the middle of a pandemic. In addition, through our marketing efforts, we were also able to negotiate a savings with their current ancillary carrier on all lines of coverage to over $50,000 with no changes to the plans. Page 75 Please note we did receive self-funded proposals, which also provided a savings on the medical plan similar to the level-funded options, however, the client ultimately decided it was in their best interest to move forward with keeping their benefit package the same with Aetna and not taking any risks by staying fully insured. It is important to note, that we have the experience transitioning clients who have been with FHCP for many years to a self‐funded plan. We know how to assist employees with finding new providers and educating them during this transition, since there will be a network disruption. And we have demonstrated long term savings with these clients, as well. We have experience with TPA’s who have helped our local clients reduce claims cost through: • Direct contracts with local high‐performance hospitals • Build plan design to include in‐house pharmacies and providers • Layer additional physician networks as employee expansion in other areas occurs • Include reference base pricing • Pharmacy carve out options • Claims auditing Example 4: One last example of ways we have saved specifically some of our municipal clients within Florida money is by creating a public entity consortium. In 2014, Brown & Brown partnered with UnitedHealthcare and Benecon to create our very own self-funded health insurance purchasing program exclusively for Florida Local Governments. Our consortium was designed to leverage the power of group purchasing to lower health insurance costs. The program has been incredibly rewarding to the members - this year we returned nearly $1 Million in surplus. Over the last 5 years, one of our consortium members has received more than $1.5 Million in surplus returns. • Control – Member owned and governed • Surplus & Savings – Any surplus after year end reconciliation is returned to the member • Full Transparency – Know where every dollar is spent • Proven actuarial pricing model – Priced by Benecon’s independent actuaries • Flexibility – Choose the plan design that works best for your employees Current Brown & Brown/FGHS Members: • City of Belleview • City of Groveland • Madison County BOCC • Collier Mosquito Control District • City of Haines City • Village of Palmetto Bay • City of Dade City • City of Davenport • Lafayette County BOCC • City of Lake Alfred • Washington County BOCC / Sheriffs • Town of Fort Myers Beach • City of Madison While the consortium has many advantages, Brown & Brown does not steer clients toward joining the consortium. We are first and foremost independent agents that present all available carriers and funding mechanisms. This is an additional option available exclusively to our clients. Page 76 4. WHAT ANALYSIS WILL YOUR FIRM PROVIDE, INCLUDING ANY FOLLOW-UP ACTION PLANS RELATED TO THE ANALYSIS? Our office will help the City with the management of its insurance and cost management by providing budget projections and quarterly analytics review of claims, discounts and pharmacy. In the quarterly review, there will be an executive summary illustrating the aforementioned categories, along with plan design benchmarking, medical & Rx plan design summaries, current plan designs & contributions, and financial summaries (spend distribution, medical spend by category, pharmacy spend by class and non‐network providers to name a few). These quarterly reviews provide the data for the team to discuss strategy for actuarial review, which would include underwriting evaluations as well as alternative funding analysis. It is from here we would put together our marketing strategy to execute against our analytics and actuarial review. Our data analytics team reviews the claims utilization data, and we perform our own underwriting analysis to compare to the carrier’s renewal. Our analysis enables us to negotiate the best possible renewal rates for our clients to ensure the program is managed effectively. We pay close attention to the carrier’s underwriting factors, such as stop loss/pooling charges, reserve adjustments, administrative charges and trend levels. We can quickly identify deviations to the norm and address those to avoid our clients paying more than they should. We also enjoy walking our clients through the rate development process so they understand how their premiums are calculated. Our analysis of the claims data helps us to identify trends which may or may not be consistent with past experience, which has resulted in cost savings measures for our clients by identifying plan design opportunities to shift utilization and positively impact future claims liabilities. The City’s dedicated claims analyst will be responsible for analyzing claims and providing reports at least quarterly. These reports vary based on the funding arrangement with the current carrier and how much data the carrier provides. We have had success building additional customized reports specifically with FHC when clients need more data than what is provided in the typical quarterly claim reports. These additional reports have allowed several of our clients make informed and impactful decisions on plan changes, funding arrangements, contribution strategy, etc. Please find examples of some of the many reports we can provide: Page 77 Benefits Plan Budgeting & Analysis • Employer vs. Employee contribution modeling • Examine compensation to ensure life/disability offerings provide desired suitability to • group • Evaluate plan design versus industry and regional benchmarks • Benchmark employee calculation methodology for budgetary and philosophical suitability to group (combination of clients’ employee retention goals & adherence to affordability) Health & Wellness • Health Clinic Cost vs. Utilization (pictured below) • Population Risk Management • Wellness Tracking & ROI Reporting • Employee Survey Results Health Clinic Utilization YOY Total Services Total Paid 2015 Office Procedures Radiology Lab and Rapid Tests E&M Services Total 2016 Office Procedures Radiology Lab and Rapid Tests E&M Services Total Annual Savings $403,455 7% -26% Clinic Cost $240,000 Billed Amt Billed Amt $240,000 $522,471 Office Procedures Radiology Lab and Rapid Tests E&M Services -31% ∆ from 2015 -25%Office Procedures Radiology Lab and Rapid Tests E&M Services $249,514.39 $368,172.20 $23,986.41 2% -22% $11,201.17 $233,007.51 $494,275.87 $18,052.36 $7,715.86 Clinic Cost Annual Savings 2475 1781 5438 549 219 ∆ from 2015 -7% 42% -16% 2016 2015 5024 -8%Total Total $762,471 $643,455 592 154 2418 2274 Page 78 Network utilization • PPO vs. HMO utilization • Utilization by Provider (#PCP visits, Inpatient Hospital, Rx, etc.) depending on data availability • Claims Lag Analysis to identify issues with the auto-adjudication of claims • Examine plan performance in terms of general utilization and high‐cost claimants to project future claim expense • Claims Re-pricing & Forecasting Analysis to identify best-in-class networks & discounts for our clients • Network Disruption Analysis o Top 25, 50, or 100 Providers (dependent on size of group) o Aggregate provider disruption • Accessibility Analysis o Based on geo-access standards (e.g. the average distance to a choice of providers • Claim Re-pricing o Applying a prospective carriers negotiated fees & discounts to historical Diagnosis & Procedure codes to estimate what your historical claims could have been under a different administrator or network, re-pricing summary of results illustrated below. Page 79 Financial Impact of Various Retention Levels Reporting (Annual) • Deductible, Maximum Out‐of‐Pocket, & Co‐pay Report o These reports allow our strategists to identify the best plans for your population, which often will lead to bottom line savings for fully insured or self-funded medical clients Renewal Underwriting • Review loss ratios on a per‐plan basis • Develop independent renewal calculation to evaluate accuracy of carrier conclusions • Plan Renewal Analysis Report – shows you’re pooling level and amount of claims over that level. If no claims are over this level we need to look at lowering your pooling level to help offset any renewal increase. • Premium vs Claims Expense Reports (Monthly/Quarterly) Out-of-Pocket Expenditure Deductible # of Claimants % of Total Amount # of Claimants % of Total $0 62 17%$0 51 14% $1-$100 47 13%$1-$500 155 44% $101-$250 50 14%$501-$1,000 96 27% $251-$499 56 16%$1,001-$1,499 22 6% $500 124 35%$1,500 16 4% $500+18 5%$1,501-$1,999 14 4% Total 357 100%$2,000+2 1% Total 356 100% $294 $34 $104,979 $12,058 $161 $490 $57,505 $174,542 Average Copays Paid per Claimant Total Copays Paid Average Medical Out of Pocket Paid by an Employee Total Medical Out of Pocket Paid Average Deductible Paid per Claimant Total Deductibles Paid Average Coinsurance Paid per Claimant Total Coinsurance Paid Deductible - Medical Out of Pocket Maximum - Medical 2015 YTD (Jan 2015-Sep 2015)2015 YTD (Jan 2015-Sep 2015) Employee Deductibles Paid ($500 Per Person)Medical Out-of-Pocket Total Page 80 Large Claim Report (Semi‐Annual or Annual) • Show claimants over a specified amount ($25,000 or $50,000), including diagnosis • Leading Diagnosis Analysis o This will often identify target risk segments to assert health and wellness initiatives for • Claim Stratification Review (by size of payment) to identify the amount of high cost claimants driving renewal (pictured on previous Claim Stratification Review Payment Category Number of Claimants % Claimants Payments % Payments Total 1,581 100.0%$4,017,530 100.0% <$.01 4 0.3%$0 0.0% $.01-$99 211 13.3%$11,716 0.3% $100-$500 522 33.0%$141,014 3.5% $500-$2,499 561 35.5%$638,851 15.9% $2,500-$4,999 121 7.7%$423,186 10.5% $5,000-$9,999 76 4.8%$548,689 13.7% $10,000-$14,999 33 2.1%$399,936 10.0% $15,000-$19,999 22 1.4%$382,132 9.5% $20,000-$24,999 6 0.4%$136,344 3.4% $25,000-$29,999 6 0.4%$163,891 4.1% $30,000-$39,999 9 0.6%$302,285 7.5% $40,000-$49,999 4 0.3%$176,513 4.4% $50,000-$74,999 2 0.1%$121,104 3.0% $75,000-$99,999 1 0.1%$88,786 2.2% $125,000-$149,999 1 0.1%$141,549 3.5% $150,000-$174,999 1 0.1%$157,208 3.9% Page 81 Pharmacy & Pharmacy Benefit Manager Reports (Quarterly, if applicable) • Prescription claim usage by tier (e.g. tier 1 – generics, tier 2 –brand, etc.) • Prescription claim usage by utilization (e.g. retail vs. mail order) • Pharmacy vendor savings & rebates • PBM Price Audit – guaranteeing the contract is out-performing the negotiated guarantees • PBM Marketing – including B&B Pharmacy Coalition pricing o Financial Analysis (pictured below) o Contracts Review o Rx Disruption Analysis We also perform quarterly presentations to City Council and/or City Administration at workshops for several of our public entity clients. We like to include benchmarking reports, so that Council can compare their City’s benefit plan to other local Cities and Cities throughout the state. We typically include claims by spend category for the more recent 12 months comparing to the prior 12 months (same time period), current large claims vs historical large claims, recent pharmacy reports vs past trends, and various utilization by category. We also like to better understand future large claim impact by taking a deep dive into the current large claims and gathering detailed data from the insurance carrier and client on prognosis and further treatments. We typically run ad hoc and customized reports, as well, based on what the particular City Council and/or Administration is looking for at each meeting. We review wellness initiatives and data to support participation, ROI, and trends and use this data to drive discussion around future initiatives. For our clients with HSA/HRA plans, we like to review current employer funding/contributions and discuss future initiatives to implement to help employees build these accounts and measure how participation in the initiatives has driven down claims cost. We find presenting data on a regular basis throughout the year has helped City Councils make informed decisions about budget and the benefit plan renewals without feeling rushed to make decision just at renewal time. Our government clients have appreciated the education we provide throughout the year, especially when considering other funding options, which take time to understand. Providing this data has helped our government clients budget appropriately when transitioning into self-funded or consortium plans. We have found that we can typically get approval for renewals earlier, thus leaving plenty of time for open enrollment education and meetings and helping the employees through this transition. Page 82 5. DESCRIBE ANY OTHER ASPECTS ON HOW YOUR FIRM WILL PROVIDE THE CITY WITH THE BEST PREMIUM FOR THE BEST PRODUCT. Ms. Jessica Scott will work with the City of Port Orange to develop an optimal benefits strategy that aligns with City’s current and future business objectives. Our approach is to deliver accurate, timely and innovative solutions when we evaluate current programs and develop a future strategy. The methods we outlined within this section illustrate how we like to customize the marketing approach and long term strategy for each client. Each client has different goals, which can change over time. We believe it is important to provide continuous education about claims performance, how each clients’ plans compare to their competitors (benchmarking) and carrier and funding options available in the market place for both medical and ancillary. Some clients are happy with their current program and wish to have longevity within that program, while staying at or under budget. Therefore, there are years, where marketing to other carriers to leverage the incumbent doesn’t always yield optimal results and we are able to achieve a favorable renewal by negotiating directly with the current carrier and leveraging the partnership that we have. However, if that cannot be achieved, then we are happy to solicit competitive quotes and review the benefits of possibly changing carriers. When a client is unhappy with a current program or feels could achieve greater success long term with another carrier or funding method, then we make sure we start the marketing and education process early. We want to give our clients plenty of time to understand all of the options available in the market place, so we typically set up calls and meetings with various carriers so that the client can learn about each over time and narrow down options during the final negotiating process. We make sure we provide as much analysis as possible during this process so our clients can fully understand not only financial impact to making changes, but administrative impact and impact to the employees’ experience. We want our clients to make the most informed decision when making a change so the change is not just a 1 year solution. We make sure that we outline all of the disruption that can come with this transition, so that our clients can weigh cost savings vs possible disruption to move so we can be pro- active to minimize the disruption. Page 83 Below are several common methods we use when analyzing current benefit programs to achieve the best premium for the best product: • Develop strategic benefit plan approach based on client goals • Forecast and benchmark benefit plan costs • Plan design optimization based off historical and current claims experience and • employee utilization • Benchmark for competitiveness within industry • Regulatory and legislative compliance audit • Analyze and interpret claims, risk, and financial data • Negotiate renewals and explore market options (Additional funding methods) • Evaluate impact of healthcare reform • Analyze effectiveness of open enrollment communication • Review contribution strategy and alternative options • Evaluate current employee claims advocacy and make suggestions for improvement • Evaluate HR plan administration • Deploy and tabulate employee surveys • Outsourcing of technology platforms to enhance benefits platform • Arrange HR administration solutions • Measure carrier, service provider and plan performance Our strategic planning services include ongoing evaluation of all your plan’s characteristics, to ensure a proper balance is achieved. The following pages provide a sample strategic benefit plan timetable which would be customized to identify optimal benefits for your workforce. Page 84 Page 85 Page 86 Employee 1. HOW WILL YOUR FIRM ASSIST THE CITY’S EMPLOYEES? Brown & Brown’s dedicated team for the City of Port Orange is available to assist the City’s employees in every way possible. Employees are welcome to call us directly with questions and issues for quick resolution. We are available to educate the City’s employees not only during open enrollment, but throughout the year on topics such as: • Cost savings methods relative health plans and RX • Free resources in the community • Understanding how each plan works (explaining deductibles, coinsurance, etc) • What cost share to expect for upcoming surgeries/procedures • Educating on FSA, HSA, HRA when applicable • Wellness/Population Health • Compliance updates and how they impact employees • Targeted seminars/meetings to address areas requiring focus specifically for each client’s employee population • Medicare education and enrollment assistance • Design employee surveys so that employees can weigh in on topics of interest to the City • Free/discounted services within the health and ancillary plans Our team are also experts in the following areas: • Helping employees with pre-authorization processes and approval quickly • Obtaining appointments with providers that may not immediately have open panels to accept new patients • Resolving employee claims and billing issues • Assisting employees with care coordination, verifying benefits with providers and accessing specialized provider services locally and nationally if necessary • Helping employees find cost efficient medications • Patient Advocacy • Coordinating care outside the insurance plan, when necessary • Reviewing claims for coding accuracy • Reviewing individual insurance options for dependents • Walking employees through online enrollment process • Setting up health portals and teaching employees how to navigate through them • Filing life and disability claims • Proving guidance and assistance with appealing denials Page 87 Please find additional resources Brown & Brown has created for our clients’ employees: • Regular updates are communicated as free/low cost resources for employees become available through vendors or insurance carriers • We designed a client specific website where each clients’ employees have access to discounted products and services (www.portorange.benefithub.com) • Mobile benefit applications • Designed a program with Metlife specifically for Brown & Brown clients to have the ability to purchase at a discounted monthly rate for bundled services including legal services, cyber security, estate planning, credit report monitoring, etc Page 88 Page 89 Employee Education Our in-house implementation team’s sole focus is employee education. They are available at any time during the year. At the beginning of our relationship we determine the most effective utilization of this team in coordination with the team at The City of Port Orange and set a schedule of employee meetings, webinars, lunch and learns or one on one consultations. Our implementation team allows our clients to focus on the broader Value on Investment (VOI) view of the impacts their population health program can have on business outcomes and can increase employee engagement, productivity, attract talent and reduce absenteeism rather than just trying to influence physical health through traditional wellness programs. Employee Advocacy Through the marketing process we request wellness funds from the vendors in order to fund third party vendors that The City of Port Orange may wish to engage. One large area of focus is employee advocacy. The advocacy vendors change the focus of large case management and disease management from engaging employees in traditional, non-effective methods to intercepting the members through calls and claims questions to assist them in understanding the plan and how to better manage their current acute or chronic health condition. Since the City is currently with FHC for the medical plan, Jessica Scott has a great relationship with the medical director at FHC and can contact him directly when we need to escalate employee issues within the health plan. Jessica receives immediate response and action plans by reaching out to the medical director, so that employees can have access to the appropriate resources as soon as possible. Brown & Brown will strive not only keep The City of Port Orange leadership informed, but also your employees. We distribute a number of employee communications during open enrollment and throughout the year regarding wellness, compliance, benefit offerings and various newsletters that will be reviewed and approved by The City of Port Orange prior to printing and distributing to employees. 1) Open Enrollment – annual materials provided for open enrollment o Employee Benefits Guides – provides an overview of the benefit options available to employees as well as information tools. We include annual notices in the benefits guide to keep the client in compliance. 2) Total Compensation Statements – an annual statement which increases the employee’s awareness of their benefits package and how much the benefits cost the company. 3) Monthly Wellness Brochures – promotes health and safety in the workplace 4) Benefit Newsletters – educates employers and employees on specific topics 5) Employee Benefits Survey – obtains feedback about employee benefit programs 6) Payroll Stuffers – another means of communicating or educating employees on specific topics 7) Legislative Updates – these keep both employers and employees abreast of ACA / Healthcare Reform updates, for example, employees receiving the form 1094-C and/or the form 1095-B We can customize employee communications based on the topic and message our clients’ want to deliver to their employees and in the format that will be best received by their employees. We have countless examples of personalized communications we have developed for each client and can produce these as often as these are needed. Page 90 2. WHAT IS YOUR FIRM’S CONTACT LIKE FOR ADJUDICATING DIFFICULT CLAIM MATTERS? Brown & Brown provides a dedicated account management team to help the City of Port Orange and its employees navigate through any claim or billing issues or questions, claims appeals, pharmacy denials or delays, eligibility questions, explanation of benefits and services and benefit reviews when needed. We advocate for our clients on every issue to ensure accurate and timely resolution and escalating any unresolved issues. The Brown & Brown Daytona office staffs account managers with prior experience, who can assist our clients with provider coding errors, explaining Explanation of Benefit Statements, auditing provider billing for accuracy, and getting refunds issued for clients. Our Account Management Leadership team has the relationship with top management at the carrier level to resolve escalated issues timely. We will go to the top management for exceptions when needed. Insurance policies don’t always address specific individual issues that arise and so we always advocate for the City of Port Orange and employees. In addition, as mentioned earlier, Jessica Scott has a strong relationship with leadership at FHC and therefore, can provide quick resolutions to claim matters through her contacts. 3. WILL YOUR FIRM’S STAFF ASSIGNED TO MANAGING THE RESULTANT CONTRACT FROM THIS RFP MEET THE CITY’S EMPLOYEES IN PERSON? The team dedicated to the City work out of the Daytona Beach office and can easily facilitate in person employee meetings whenever necessary. We can meet with employees one on one, in a group setting, virtually (if necessary due to COVID), or whatever format is appropriate to address questions, discuss issues, offer guidance, etc. In addition, Brown & Brown uses several methods to educate employees at open enrollment and throughout the year: • PowerPoint presentations • Open enrollment announcements / Flyers • On-site Presentations • Customized educational videos, which can be posted on our clients’ internet • Webinars/Seminars • Electronic enrollment including videos and wellness education • Employee enrollment hotline managed by dedicated Brown & Brown staff • Employee enrollment email at Brown & Brown • Employee compensation statements • Online enrollment systems • Customized employee communications on specific topics Page 91 4. IN CONSIDERING RENEWALS, HOW MUCH DO ASPECTS OF A PROVIDER SUCH AS THE DISRUPTION OF CARRIERS OR LEVEL OF SERVICE/TENDENCY TO DENY CLAIMS PLAY INTO YOUR FIRM’S RECOMMENDATIONS FOR VENDORS? WILL YOUR FIRM DISCLOSE THESE CONCERNS WITH THE CITY REGARDING A POTENTIAL VENDOR? Any time our clients are entertaining a transition to another carrier, we always analyze and discuss any type of disruption or change in services that can occur during and after the transition. We understand that there could be a financial benefit to making a change, but we make sure we discuss our experience with how premiums may trend from a long term perspective with the chosen carrier based on our experience within our book of business. Brown & Brown is fortunate because of our volume of business with carriers, TPA’s and vendors, we are assigned dedicated contacts for our Daytona office to work directly through issues, questions and requests so that we can provide very quick responses and solutions and try to minimize issues that can arise during a transition. Therefore, we have very little service obstacles when it comes to working with the majority of carriers, making that aspect of the transition for our clients, very easy. Since we have such a strong and long-term relationship with our carrier partners, we can easily outline strengths and weaknesses of each, while reviewing alternative carriers with our clients. However, one of the biggest disruptions when making a carrier change is within the provider network and pharmacy. We include provider and pharmacy analysis during our marketing process, so that we can review with our clients the top providers that are being seen by the employees and how the alternative medical, dental and vision carrier networks compare. We provide a report that outlines this detail and indicates which providers are in and out of the current network and then we provide the same data for the competitive carriers. We provide a similar analysis and report for medications, so that the client can easily understand cost and tier of medications that are currently covered or not covered and how those medications compare in cost/tier and if not covered by the competitive carriers. We will even go so far as to help carriers recruit providers who are not in the network of the carrier that is chosen. In addition, we have been very successful with helping our clients be able to get authorization/approval for medications with the new carrier if there are challenges with getting them covered. Page 92 By identifying challenges early, it gives us time to work with the new carrier to try to reduce any disruption our clients may face when changing carriers. This is not always possible, but we do our best to minimize any surprises and find ways to overcome obstacles after the transition has taken place. Please find sample disruption report: 5. WILL CITY EMPLOYEES BE ABLE TO DIRECTLY CONTACT THE BROKER, OR WILL THEY NEED TO GO THROUGH THE CITY’S HUMAN RESOURCES TEAM? Most of our clients allow their employees to reach out directly to the dedicated contacts at Brown & Brown, so we can streamline the issues and questions and make sure they receive quick responses and we welcome this direct access. Jessica Scott provides her cell phone to all of her clients, so that they can pass along her direct number for employees to call her anytime, 24/7. We can also set up a dedicated hotline or email specifically for City of Port Orange employees to contact us directly and receive same day responses. We make sure we keep HR in the loop of any issues and questions we are working on so that they know it is being handled and their employees will have a resolution. By having direct access to the employees, we can often give HR feedback on opportunities for us to create communications or conduct seminars/webinars to address frequent issues, topics and questions that come up. Page 93 6. PROVIDE ANY OTHER ASPECTS PROVIDED RELATED TO THE CITY’S EMPLOYEES’ WELLBEING. Population Health and Implementation Population Health Management Team Brown & Brown has a National Population Health Management (PHM) team and we have an internal implementation department to assist in the roll out of any new product or service. Our PHM team helps with an understanding of business issues and human capital needs, then applies our Intelligent Health PlanTM framework to develop a strategy with specific goals and objectives. We can then have a clear understanding of which workforce issues are having the most impact on your organization’s performance, how important it is to attract talent, benefit costs, employee morale and engagement, absence and productivity. We will then establish measurable objectives, invest in evidence- based solutions, develop and plan to engage employees and their families and monitor performance. Employee Advocacy Through the marketing process we will request wellness funds from the vendors in order to fund third party vendors that the City may wish to engage. One large area of focus is employee advocacy. The advocacy vendors change the focus of large case management and disease management from engaging employees in traditional, non-effective methods to intercepting the members through calls and claims questions to assist them in understanding the plan and how to better manage their current acute or chronic health condition. Employee Education Our in-house implementation team’s sole focus is employee education. They are available at any time during the year. I believe the City would like to revisit our capabilities in this area and so we can meet to discuss goals and objectives and set a schedule of employee meetings, webinars, lunch and learns or one on one consultations. Our implementation team allows our clients to focus on the broader Value on Investment (VOI) view of the impacts their population health program can have on business outcomes and can increase employee engagement, productivity, attract talent and reduce absenteeism rather than just trying to influence physical health through traditional wellness programs. Page 94 Client 1. HOW WILL YOUR FIRM ASSIST THE CITY’S HUMAN RESOURCES TEAM AND WHAT SPECIAL SERVICES WILL BE PROVIDED? Our service philosophy is concierge customer service to ensure the City of Port Orange and employees have a high level of satisfaction with their health and welfare plans. We strive for proactive account management so that we can bring solutions to the table before a lot of issues are encountered. We always call or return emails within 24 hours and also attempt to solve the issue within that same time frame. If we can not then we provide our clients with a timeline as to when the issue will be resolved. Jessica Scott, is available to City staff and employees 24/7 via cell phone and email for immediate attention to issues, questions and requests. Brown & Brown’s success is due largely to our ability to adapt to the demands of the marketplace and to the needs of our clients. Our employee benefits team provides our many clients with the tools they need to develop and continue successful employee benefits programs: • Actuarial/Budget Projections • Detailed Claims Analysis • Benchmarking Reports • Implementation and Population Health experts • EB Technology Center • Specialized Marketing department • Extensive compliance resources • Concierge Service approach We further differentiate ourselves by our department structure. We have separate account management, risk management, marketing, and implementation/population health teams. This allows each team to become subject matter experts and provide the highest quality work product in the State of Florida and nationwide. The Account Executive (Jessica) will lead these teams to form cohesive long and short-term strategies for the City. Along with concise marketing, risk management efforts and white glove service that will enable the City to have the best health and welfare programs at the lowest possible cost. Page 95 Our staff is comprised of experienced forward-thinkers, with a client-first, service-focused approach. They are highly trained in fully insured and self-funded plan compliance and administration. Our dedicated service, marketing, risk management, implementation, and population health teams will act as an extension of the City’s human resources and risk management departments. Both our dedicated team and our account executives understand the unique demands and processes that public entities require. We will do whatever it takes to ensure the City of Port Orange and employees feel supported by Brown & Brown. We continue to ask our clients what additional services we can provide to enhance benefit programs and ease the burden of administrating them. We use this feedback to further develop the staff and resource support we can offer our clients. Our account management department will act as the primary liaison for all day-to-day service-related matters. Our Service Leader has over 25 years of experience working in the health and welfare field and will provide support to the Account Manager who will be the main contact for service issues. We are well versed in claim, billing and eligibility issues and take proactive steps in order to reduce the number of issues encountered. If we are working on an issue for the City of Port Orange or one of its employees, we will resolve the matter within 24 hours and if that is not possible we will communicate why that is not possible and what steps are being taken towards a resolution. We can offer a dedicated email box where the City’s employees can email us directly with any questions/concerns they have and receive an immediate response. We also place the account management teams phone numbers in the Benefits at a Glance packet so the employees can call us as well. Every year we perform a full review of all contracts in place to ensure that the terms match what was sold, and the contract is acceptable by the City’s legal department and in compliance with federal and state laws. If a situation comes up during the year, we will work with the vendor to make accommodations for the City of Port Orange and if needed we can advise our third-party legal counsel or HR consultants. Due to our carrier relationships we are 99% of the time able to provide a positive outcome to our clients. Our team communicates constantly, and we will have regularly scheduled meetings with the City. In addition, Jessica Scott makes herself available 7 days a week 24 hours a day. We are very proud of the service we provide to our clients and believe that our customer service is what drives our client retention rate which is over 97%. Page 96 Account Management Services: • Available daily to resolve all benefit issues for HR and employees • Resolve claims and billing issues directly with carrier contact • Educate benefits personnel on new administration procedures and provide year-round administration support • Provide education and communications to employees throughout the year • Assist all personnel with medical terminology, appeal process, diagnosis and procedures appropriate for specific conditions or claims • Provide communications on wellness topics, compliance updates and latest insurance trends • Provide employee compensation statements • Conduct employee surveys • Managing eligibility and dependent eligibility audits • Anticipate client needs and manage challenges • Support client with technology implementation • Manage annual renewal timeline and prepare all information necessary to start RFP process • Manage open enrollment and develop all employee communications In terms of resolving employee claims issues, our account management department routinely contacts provider offices to ensure benefits are being submitted correctly to the insurance companies and we can field any employee questions or concerns via phone call or the email address. We will provide actual claim examples to explain the differences between the plan designs so the employees can make informed decisions. Often time this plan design analysis can be automated through the Benefits Administration vendors. If that is the case or implementation representatives can walk the employees through how to use the online enrollment system and view plan design comparisons or simply be available for questions. 2. HOW MUCH OF A BURDEN WILL BE LIFTED OFF OF THE CITY WHEN IT COMES TO ORGANIZING AND PLANNING EVENTS SUCH AS OPEN ENROLLMENT (ESTIMATED CITY TIME VERSUS BROKER TIME)? It is Brown & Brown’s intention to always take as much of HR’s task as possible when it comes to organizing City events, such as benefit fairs, open enrollment, new hire orientations, and employee webinars/seminars. We strive to take on 90% of the burden, leaving the City with only 10%. We have a specific Implementation Team dedicated to providing these services on behalf of the HR Team. This team, along with the City’s dedicated Account Manager and Account Executive, discusses goals, strategy and communication with HR and provides these communications at open enrollment and throughout the year as needed. We can conduct these meetings in various formats outline below: Page 97 • In-Person & Virtual Meetings o We will meet with your employees every year during open enrollment to present and explain the benefits and address questions. We are also available at any point during the year to meet with your employees to educate them on a variety of topics like health/wellness, cost savings tools and methods, and how best to use the plan and other free resources. • Employee Videos o We can produce an employee video explaining the benefits so that all new hires can have the benefit of an open enrollment meeting when they begin employment and also for active employees during the open enrollment time period. • Employee Webinars/Seminars o We routinely offer webinars/seminars for employees on a variety of topics including how to use the benefits, EAP services and other requested topics of interest. Brown & Brown has several methods of educating employees at open enrollment and throughout the year with various tools: • PowerPoint presentations • On-site group or one on one meetings • Open enrollment announcements • Customized Flyers • Customized educational videos, which can be posted on our clients’ internet • Webinars • Electronic enrollment including videos and wellness education • Employee enrollment hotline managed by dedicated Brown & Brown staff • Employee enrollment email at Brown & Brown • Employee compensation statements • Online enrollment systems • Customized employee communications on specific topics In addition to managing the enrollment presentations, the Brown & Brown Account Manager will take on the responsibility of preparing the Benefit Administration and Online Enrollment platform with the updated benefit information prior to open enrollment. They will set up and test the EDI feeds between the system and carriers. The Account Manager and Implementation Team are available for direct discussions with employees who need assistance with medications, choosing plans, who need continuity of care or authorizations for certain services and can assist employees who need to find new physicians (if moving from one network to another). Page 98 Our team can set up a dedicated email for the City’s employees during open enrollment and after, so that employees can email questions and receive immediate responses. The Account Manager will close out the Benefit Administration/Online Enrollment system after all employee elections are complete and ensures that the changes are sent to the carriers. They can also help to coordinate that all changes that are captured in system are also captured in the payroll system. Our team audits the invoices post enrollment to make sure all changes were captured, and invoices are accurate post enrollment. We continue to audit invoices on a bi-weekly basis to make sure we catch any errors quickly and have them corrected. Once the open enrollment process is complete, we send out a survey to the HR team to gather feedback on the experience and what we can do to improve. Please find the most recent survey results from the City of Port Orange: Page 99 Page 100 3. HOW MUCH DOES YOUR FIRM CONSIDER EASE OF ADMINISTRATION WHEN ANALYZING RECOMMENDATIONS FOR VENDORS? WILL YOUR FIRM DISCLOSE THESE CONCERNS WITH THE CITY REGARDING A POTENTIAL VENDOR? When analyzing viable vendors for the City, whether it is for insurance products, administrators, technology, etc, Brown & Brown always considers and compares ease of administration. Due to our national presence and size, we analyze multiple vendors every year. We conduct thorough RFP’s when considering which vendors we want to partner with and consider the pros and cons to doing business with vendors. When recommending vendors to our clients, we always outline any challenges we are aware of, as we try to prevent surprises at all costs. When we partner with vendors, we make sure we have a dedicated team at each vendor, who will respond timely to us and our clients if any issues arise. We also make sure we have a direct line to management at each vendor, so issues can be escalated and addressed as needed. 4. PROVIDE ANY OTHER ASPECTS RELATING TO HOW YOUR FIRM WILL ASSIST THE CITY’S HUMAN RESOURCES TEAM IN BEING THE MOST SUCCESSFUL AND EFFICIENT DEPARTMENT POSSIBLE. We have outlined throughout this RFP various ways Brown & Brown has staffed our department with teammates and resources dedicated to the City of Port Orange’s Human Resources team and employees. We are prepared to discuss the City’s latest goals and challenges and provide additional resources and services, as needed to make sure the City has the most successful and efficient department possible. We have the ability to take on more involvement in your processes with Workday, to try to some of that day to day administration off of your plate. Now that the implementation with Workday has been completed and the City has a comfort level with the new system, this could be a good time to look at self-funded/alternative funding medical plan options. The City’s claims have trended down the later part of 2020, of course COVID could be playing a role in that, but with the loss ratio being favorable, we can explore possible long term cost savings looking at self-funded options. We are able to solicit those quotes and put together a budget analysis so you can see how the plan should trend, not just for one year, but over the course of several years and what kind of savings could be achieved. In addition, we will outline how much reserves the City will need to entertain self- funding. We will also analyze the possible disruption moving to a new provider network, pharmacy, etc, so the City is aware of everything up front. In addition, we have several resources when it comes to wellness initiatives that can be discussed with the City, regardless if the City wishes to stay fully insured or go self-funded. And we welcome the opportunity to engage more directly with the City’s employees not just to solve problems and answer questions, but to educate employees on being better consumers of their health plan and understanding free resources they have available to them through our vendor and carrier partners and local resources outside of the insurance plans. All of these methods are ways to reduce cost both for the City and City’s employees and have a healthier and well educated workforce. We place tremendous value in our local client relationships, and we want to do whatever we possibly can to continue our partnership with the City of Port Orange. Page 101 Tab H: Proposed Fee Page 102 INSURANCE BROKERAGE SERVICES COST/FEE PROPOSAL (Complete, sign and date, and insert this document under Tab H in proposal) Proposal Submitted by Brown and Brown of Daytona Beach Florida (Name of Company/Entity) INSURANCE BROKERAGE SERVICES COST/FEE PROPOSAL ANNUAL LUMP SUM DOLLAR AMOUNT FOR PROVISION OF SERVICES OUTLINED IN SECTION 3 – SCOPE OF SERVICES $ 58,000 FOR RFP 17-16 INSURANCE BROKERAGE SERVICES Authorized Signature: Printed Name of Authorized Signer: Steve Farmer E-Mail of Authorized Contact: sfarmer@bbdaytona.com Page 103 Tab I: Required Documents Page 104 SECTION 9 – REQUIRED FORMS FORM 9.1 – PROPOSAL SUBMITTAL CHECKLIST X Form 9.2 – Proposer’s Acknowledgement X Form 9.3 – Addendum and Change Order Procedure Acknowledgement X Form 9.4 – Drug Free Preference Statement X Form 9.5 – Public Entity Crimes Statement X Form 9.6 – Affidavit of Anti-Collusion X Form 9.7– Statement of Qualifications X Form 9.8 – Professional References for Previous Experience X Form 9.9 – Local Business Affidavit of Eligibility X Copy of License (Contractor, Sunbiz, etc.) X Submission of one (1) original marked “ORIGINAL” and one (1) digital (CD or flash drive) version in PDF format. BY: Brown and Brown of Daytona Beach Name of Business Authorized Signature Date 2/12/2021 This document must be completed and returned with your Submittal Page 105 FORM 9.2 – PROPOSER’S ACKNOWLEDGEMENT FORM I have carefully examined the Request for Proposals (RFP), Instructions to Proposers, General and/ or Special Conditions, Specifications, and any other documents accompanying or made a part of this invitation. I hereby propose to furnish the goods or services specified in the Request for Statement of Qualifications at the prices or rates as finally negotiated. I agree that my Proposal will remain firm for a period of up to ninety (90) days in order to allow the City of Port Orange adequate time to evaluate the proposed Proposal. Furthermore, I agree to Proposal by all conditions of the Request for Prop osals. I certify that all information contained in this Proposal is truthful to the best of my knowledge and belief. I further certify that I am a duly authorized to submit this Proposal on behalf of the Proposer/Contractor as its act and deed and that the Proposer/Contractor is ready, willing and able to perform if awarded the contract. I further certify that this Proposal is made without prior understanding, Contract, connection, discussion, or collusion with any person, firm or corporation submitting a Proposal for the same product or service; no officer, employee or agent of the City of Port Orange City Council or of any other Proposer interested in said RFP; and that the undersigned executed this Proposer’s Acknowledgement with full knowledge and understanding of the matters therein contained and was duly authorized to do so. I further certify that having read and examined the specifications and documents for the designated services and understanding the general conditions for contract under which services will be performed, does hereby propose to furnish all labor, equipment, and material to provide the services set forth in the RFP. I hereby declare that the following listing states any clarifications, any and all variations from and exceptions to the requirements of the specifications and documents. The undersigned further declares that the “work” will be performed in strict accordance with such requirements and understands that any exceptions to the requirements of the specifications and documents may render the Proposal non-responsive. NO EXCEPTIONS ALLOWED AFTER THE PROPOSAL IS SUBMITTED: Please check one: I take NO exceptions. □ Exceptions (list below; add additional pages if necessary): ____________________________________________ _______________________________________ NAME OF BUSINESS MAILING ADDRESS 300 N Beach St. AUTHORIZED SIGNATURE CITY, STATE & ZIP CODE ____________________________________________ Daytona Beach,Florida 32114 NAME, TITLE, TYPED TELEPHONE NUMBER / FAX NUMBER Steve Farmer , Executive Vice President (386) 239-7233___________ FEDERAL IDENTIFICATION # E-MAIL ADDRESS: sfarmer@bbdaytona.com STATE OF Florida COUNTY OF Volusia The foregoing instrument was acknowledged before me this day of February 12 , 20 21 by , who is personally known to me or who has produced ad identification and who did take an oath. My Commission Expires: _____________________________________ Notary Public This document must be completed and returned with your Submittal Page 106 FORM 9.3 – ADDENDUM and CHANGE ORDER PROCEDURE ACKNOWLEDGEMENT ADDENDUM ACKNOWLEDGEMENT I have carefully examined the Request for Proposals (RFP), Instructions to Proposers, General and/ or Special Conditions, Specifications, and any other documents accompanying or made a part of this Request for Statement of Qualifications. I acknowledge receipt and incorporation of the following addenda, and the cost, if any, of such revisions has been included in the price of the Proposal form. Addendum # 1 _ Date: 2/3/2021 _ Addendum # _ Date: _ Addendum # 2 _ Date: 2/11/2021 _ Addendum # _ Date: ____________ CHANGE ORDER PROCEDURE ACKNOWLEDGEMENT If awarded the Contract for this Solicitation, I acknowledge that no oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders requests shall be made in writing by the Contractor for review by the Contract Administrator for the City of Port Orange. No work shall be performed as set forth in the change order until the Contractor receives an executed Purchase Order for the requested change. I acknowledge the following statement regarding Change Orders to the awarded Contract: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Name of Business: Brown and Brown of Daytona Beach STATE OF Florida COUNTY OF Volusia By: ________________________________ Printed Name: Steve Farmer________ Title: Executive Vice President ________ Sworn to (or affirmed) and subscribed before me this 12 day of February , 20 21, by ____Steve Farmer___________________________, as Executive Vice President of (NAME) (TITLE) Brown and Brown of Daytona Beach and who: (NAME OF ORGANIZATION) [Notary: Please select one] is personally known to me; or has produced as identification. _ Notary Public, State of Printed, typed or stamped name, commission and expiration: This document must be completed and returned with your Submittal Page 107 FORM 9.4 – DRUG-FREE PREFERENCE STATEMENT In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be take n against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require 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. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087, Florida Statutes. As an authorized representative of the firm, I certify that this firm complies fully with the above requirements. Name of Business STATE OF Florida COUNTY OF Volusia _ Brown and Brown of Daytona Beach By: Printed Name: Steve Farmer Title: Executive Vice President Sworn to (or affirmed) and subscribed before me this 12 _ day of February _ , 20 21 , by __Steve Farmer ________________________, as Executive Vice President of (NAME) (TITLE) Brown and Brown of Daytona Beach and who: (NAME OF ORGANIZATION) [Notary: Please select one] is personally known to me; or _ has produced as identification. Notary Public, State of Printed, typed or stamped name, commission and expiration: This document must be completed and returned with your Submittal Page 108 FORM 9.5 – SWORN STATEMENT UNDER SECTION 287.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES (To be signed in the presence of notary public or other officer authorized to administer oaths.) Before me, the undersigned Authority, personally appeared affiant Steve Farmer , who, being by me first duly sworn, made the following statement: 1. The business address of Brown and Brown of Daytona Beach _ (name of Offeror or business) is _. 2. My relationship to Brown and Brown of Daytona Beach _ (name of Offeror or business) is Executive Vice President (relationship such as sole proprietor, partner, president, vice-president). 3. I understand that a public entity crime as defined in Section 287.133 of the Florida Statutes includes a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or such an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. 4. I understand that "convicted" or "conviction" is defined by the Florida Statutes to mean a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilt or nolo contendere. 5. I understand that "affiliate" is defined by the Florida Statutes to mean (1) a predecessor or successor of a person or a corporation convicted of a public entity crime, or (2) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding36months. 6. Neither the Offeror or contractor, nor any officer, director, executive, partner, shareholder, employee, member or agent who is active in the management of the Offeror or contractor, nor any affiliate of the Offeror or contractor has been convicted of a public entity crime subsequent to July 1, 1989. (Draw a line through paragraph 6 if paragraph 7 below applies.) 7. There has been a conviction of a public entity crime by the Offeror or contractor, or an officer, director, executive, partner, shareholder, employee, member or agent of the Offeror or contractor who is active in the management of the Offeror or contractor or an affiliate of the Offeror or contractor. A determination has been made pursuant to Section 287.133(3) by order of the Division of Administrative Hearings that it is not in the public interest for the name of the convicted person or affiliate to appear on the convicted Proposer list. The name of the convicted person or affiliate is . A copy of the order of the Division of Administrative Hearings is attached to this statement. (Draw a line through paragraph 7 if paragraph 6 above applies.) _ Name of Business: Brown and Brown of Daytona Beach STATE OF Florida COUNTY OF Volusia By: ________________________________ Printed Name: Steve Farmer Title: Executive Vice President Sworn to (or affirmed) and subscribed before me this 12 _ day of February _ , 2021 , by _Steve Farmer __________________, as Executive Vice President of Brown and Brown of Daytona Beach and who: [Notary: Please select one] is personally known to me; or has produced as identification. _ Notary Public, State of Printed, typed or stamped name, commission and expiration: Page 109 FORM 9.6 – ANTI-COLLUSION FORM ANTI-COLLUSION STATEMENT PROPOSAL FORM: By signing this form, the Proposer agrees that this Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a Proposal for the same purpose and that the Proposal is in all respects fair and without collusion or fraud. SIGN in ink in the space provided below. Unsigned Proposals will be considered incomplete, and will be disqualified, and rejected. IT IS AGREED BY THE UNDERSIGNED PROPOSER THAT THE SIGNING AND DELIVERY OF THE PROPOSAL REPRESENTS THE PROPOSER’S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE FOREGOING SPECIFICATIONS, CONTRACT AND PROVISIONS, AND IF AWARDED, THIS CONTRACT WILL REPRESENT THE AGREEMENT BETWEEN THE PROPOSERS AND THE CITY OF PORT ORANGE. NAME OF FIRM: Brown and Brown of Daytona Beach SIGNED BY: (MUST BE SIGNED BY A COMPANY OFFICER OR AUTHORIZED AGENT) PRINTED SIGNATURE: Steve Farmer TITLE: Executive Vice President ADDRESS: 300 N Beach St CITY: Daytona Beach STATE: FL ZIP CODE: 32114 TELEPHONE: (864) 9181353 FAX: (386) 323-5138 COMPLETION TIME: 2/16/2021 _ _ F.E.I.N. NUMBER: 590864469 NO Proposal may be withdrawn for a period of ninety (90) days subsequent to the submittal of the Proposals, without the consent of the City of Port Orange. NO PROPOSAL(REASON): This document must be completed and returned with your Submittal Page 110 FORM 9.7 – STATEMENT OF QUALIFICATIONS RESPONSES The undersigned warrants that he or she is duly authorized to complete this document, and hereby affirms that the information contained in Form 9.7 is complete, true, and correct to the best of their knowledge and belief. If necessary, questions may be answered on separate paper and attached, with any additional information that may be pertinent. A. Name of Proposer. Steve Farmer B. Permanent main office address. 300 N. Beach St, Daytona Beach, FL 32114 C. Date organized. 1939 D. If a corporation, where incorporated. Florida E. How many years have you been engaged in the contracting business under your present firm or trade name? 82 years F. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) Jessica Scott has over 58 accounts and we are staffed in anticipation for growth. G. General character of work performed by your company. Broker services for employee benefits insurance. H. Have you ever failed to complete any work awarded to you? If so, where and why? No. I. Have you ever defaulted on a contract? If so, where and why? No. J. List the more important projects recently completed by your company, stating the approximate cost for each and the month and year completed. • City of Holly Hill- Renewed 1/1/21 , $35,000 fee. • City of Edgewater – Renewed 1/1/21, $59,500 fee • City of Ormond Beach – Renewed 1/1/21, commission based compensation (percent of premium) K. List your major equipment currently owned or leased. N/A L. Experience in work similar to this type of project. Refer to the chart on the next page for past and present client experience. M. Background and experience of the principal members of your organization, including the officers. Please refer to tab B question 2 for a full list of backgrounds and experiences of our team and our annual report for officers. https://investor.bbinsurance.com/annual-reports. N. Credit currently available: As an organization we do not typically operate off of credit, we do have an $800 million evolving credit line. All $800 million is currently available to Brown and Brown. O. Give bank reference: Bank of America (statement of good standing on next page after the chart .) P. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? Please find in our annual report: https://investor.bbinsurance.com/annual-reports. Q. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Owner in verification of the recitals comprising this Request for Proposal. Page 111 L. Experience in work similar to this type of project. Refer to the chart on the next page for past and present client experience. State Dept. of Financial Services Florida, State of     Counties Baker Brevard Citrus Clay Columbia Desoto Flagler Gadsden Gilchrist Gulf Highlands Jefferson Lafayette Lee Levy Madison Marion Okaloosa Santa Rosa Sarasota Volusia Wakulla Washington Cities, Towns, Villages Atlantis Auburndale Aventura Bal Harbour Village Bay Harbor Islands Belleview Bunnell Casselberry Chattahoochee Chipley Coconut Creek Dania Beach Davenport Davie Daytona Beach Daytona Beach Shores Deland Deltona Destin Doral Eagle Lake Edgewater Fellsmere Flagler Beach Fort Lauderdale Fort Myers Fort Walton Beach Freeport Groveland Haines City High Springs Highland Beach Holly Hill Indian Shores Indian River Shores Inverness Jacksonville Beach Jupiter Lake Helen Lake Worth Lauderhill Lighthouse Point Longwood Madeira Beach Madison Marco Island Margate Mayo Miami Miami Gardens Monticello Mulberry Naples New Smyrna Beach North Miami North Port Ocala Orange City Ormond Beach Palm Bay Palm Coast Perry Pierson Polk City Ponce Inlet Port Orange Punta Gorda Royal Palm Beach St. Cloud Sarasota South Daytona Tallahassee Treasure Island West Palm Beach Weston Special Districts, Other Barefoot Bay Recreation District Bayfront Bay Recreation District Big Bend Water Authority Bonita Springs FCD Broward County Housing Authority Broward MPO Buckhead Ridge MCD Central Florida Fire Charlotte County Sheriff Children’s Board of Hillsborough Citrus County Sheriff Citrus MCD Clay County Utility Collier MCD Davie CRA East County WCD East Lake Tarpon Fire Emerald Coast Utilities Authority Estero Fire Rescue Fellsmere WCD Ft. Myers HA Ft. Myers Bch Fire Golden Gate FCD Highlands County Sheriff Hillsborough Transit Authority Immokalee FCD Immokalee WSD Indian River Lagoon Council Jacksonville Beach CRA Jupiter RA Key Largo Ambulance Key Largo Fire/Rescue Lake Asbury MSBD Lake Region Lakes Lakewood Ranch Interdistrict Authority Lakewood Ranch Stewardship Dist. Lake Worth Drainage District Lee County HA Lehigh Acres Municipal Services Improvement Loxahatchee Groves WCD Loxahatchee River Dist. Melbourne Tillman WCD Miami Beach HA Miami Sports & Exhibition Authority Moore Haven MCD Naples Airport Authority New River Solid Waste North Springs Improvement District Northern Palm Beach Co. Improvement District Old Plantation WCD Palm Beach County HA Pasco County Sheriff Dept. Peace River WSA Pine Tree WCD Pinellas Park WMD Pinellas Suncoast Fire Pinellas Suncoast Transit Pompano Beach HA Port Ybor Association, Inc. Ranger Drainage District St. Johns River WMD Sanibel Fire & Rescue Sebring Airport Seminole Improvement District South Indian River WCD South Trail Fire Southeast Overtown Park West CRA Southwest Florida WMD Spring Lake Improvement Dist. St. Johns River Water Management District Suwannee River WMD Tallahassee Community Redevelopment Agency TBARTA Tampa Bay Water Tampa Historic Streetcar Three Rivers Library Tindall Hammock Irrigation & Soil Titusville HA Upper Captiva FD Viera Stewardship District Volusia County Clerk of Court Wakulla UFFA Washington County Sheriff West Palm Beach CRA Winter Haven HA 54 Community Development Districts Schools, Universities Bethune Cookman Univ. Cape Coral Charter Schools Authority Collier School District Embry-Riddle Aeronautical Univ. Flagler County Public School Florida Atlantic Univ. Florida International Univ. Florida Polytechnic Univ. Lee School District Madison School Board Marion School Board Okaloosa School District Orange County Schools Pasco School District Seminole School District Volusia County School Board Univ. of Central Florida Univ. of Florida Univ. of West Florida Page 112 O. Give Bank reference: Bank of America (statement of good standing on next page after the chart .) Page 113 FORM 9.8 – PROFESSIONAL REFERENCES FOR PREVIOUS EXPERIENCE The Proposer proposes that he/she is qualified to perform the referenced work and has successfully done so on recent projects similar in nature and size. The City reserves the right to check references and confirm information provided herein. Please provide three (3) current and correct references from clients for similar services. (Do not include the City of Port Orange) 1. Company Name: City of Ormond Beach Contact Person: Claire Whitley City, State: Ormond Beach, FL Telephone Number: (386) 676-3202 Email Address: Claire.whitley@ormondbeach.org Description of goods or Services provided: medical, dental, basic life, voluntary life, LTD, vision, worksite, HSA/FSA, Plansource Contract Amount: commission based on percentage of premium Start/End Date of Contract: 10/1/2008 – 9/31/2025 2. Company Name: City of Edgewater Contact Person: Julie Christine City, State: Edgewater, FL Telephone Number: (386) 424-2400 x1701 Email Address: jachristine@cityofedgewater.org Description of goods or Services provided: Contract Amount: Start/End Date of Contract: 9/30/2006 – 12/31/2026 1. Company Name: City of Holly Hill Contact Person: Diane Cole City, State: Holly Hill, FL Telephone Number: (386) 248-9440 Email Address: dcole@hollyhill.org Description of goods or Services provided: medical, dental, basic life, voluntary life, LTD, vision, worksite, HSA/FSA, Plansource Contract Amount: $35,000 Start/End Date of Contract: 1/1/1999 – 9/31/2026 medical, dental, basic life, voluntary life, LTD, vision, worksite, HSA/FSA, Plansource $59,500 Page 114 (Form 9.8 – Professional References for Previous Experience Page 2) LISTING OF PREVIOUS EXPERIENCE Commercial Client List The Proposer proposes that he/she is qualified to perform the referenced work and has successfully done so on recent projects similar in nature and size. A minimum of three (3) projects must be listed below. The Owner reserves the right to check references and confirm information provided herein. List all clients to whom you currently provide or have in the past provided Broker Services or similar to those required under the City’s contract and as outlined in this Proposal package. A minimum of three (3) projects shall be listed below in order to Proposal on this contract. The Owner reserves the right to check references and confirm information provided herein. This document must be completed and returned with your Submittal. Contact Name Phone Current Client? Y or N Number of years service provided Descript ion of service 1 City of Ormond Beach (386) 676- 3202 Y 2008 – Present Medical, dental, basic life, voluntary life, LTD, vision, worksite, HSA/FSA, Plansource 2 City of Edgewater (386) 424- 2400 X1701 Y 2006-Present Medical, dental, basic life, voluntary life, LTD, vision, worksite, HSA/FSA, Plansource 3 City of Holly Hill (386) 248- 9440 Y 1999- Present Medical, dental, basic life, voluntary life, LTD, vision, worksite, HSA/FSA, Plansource Page 115 FORM 9.9 – LOCAL BUSINESS AFFIDAVIT OF ELIGIBILITY City of Port Orange This declaration is executed under penalty of perjury of the laws to the United States and State of Florida THIS AFFIDAVIT IS SUBMITTED IN REFERENCE TO THE FOLLOWING SOLICITATION: RFSQ/RFP/ITN/BID/CONTRACT/PROJECT #(as applicable): #21-04 BUSINESS NAME: Brown and Brown CONTACT PERSON/TITLE: Steve Farmer/ Executive Vice President MAILING ADDRESS: 300 N Beach St CITY-STATE-ZIP: Daytona Beach, Florida 32114 Length of Time at Address Provided:_3 months Physical Presence of Business: □ Headquarters, □ Manufacturing Facility, or □ Locally Owned Franchise And within Legal Boundaries: □ The City of Port Orange □ Volusia County □ The State of Florida FEIN (Federal Employer Identification Number): 590864469 BUISINESS STRUCTURE: □ Corporation □ LLC □ Partnership □ Sole Proprietorship □ Other(Specify): PHONE NUMBER: (386) 239-7233 FAX: (386) 323-5138 EMAIL: sfarmer@bbdaytona.com **Please attach a valid business tax receipt, or other such documentation** ATTESTATION – I understand that: • In accordance with City Of Port Orange City Code 2-275, local businesses shall have five (5) business days from bid/proposal opening to submit a best and final bid for evaluation. To qualify: A Port Orange business initial bid must be within (8%) of the lowest and best responsible bid from a non-Port Orange business; A Volusia County business initial bid must be within (5%) of the lowest and best responsible bid from a Non-Volusia County business; A State of Florida business initial bid must be within (3%) of the lowest and best responsible bid from a non-State of Florida business. • A local business must have its headquarters, manufacturing facility, or locally owned franchise located within the legal boundaries of the City of Port Orange, Volusia County, or the State of Florida, as indicated herein, for at least twelve (12) months prior to the bid or proposal opening date and a valid business license, issued by the corresponding government agency. Post office boxes are not verifiable and shall not be used for the purpose of establishing said physical address. Bidders shall attach to this affidavit of eligibility with a bid or proposal, a copy of a valid business tax receipt or such other documentation, to the city’s satisfaction, demonstrating the physical business presence of the firm within corresponding local limits. • The preference does not apply to goods or services exempted by statute or prohibited by Federal law, State law, or other funding source restrictions. • The preference established in this policy does not prohibit the right of the City, or other authorized purchasing authority, to compare quality or fitness for use of supplies, materials, equipment and services proposed for purchase and compare qualifications, character, responsibility and fitness of all persons, firms or corporations submitting bids or proposals. • The information contained herein may be subject to verification. • A Proposer who misrepresents the local preference status of its firm in a proposal or bid submitted to the City of Port Orange will lose the privilege to claim local preference status, and shall lose eligibility to claim local preference for a period of one (1) year. The City Manager may also recommend that the firm be referred for debarment. As an authorized representative of the firm, I certify that this firm complies fully with the above requirements. STATE OF Florida COUNTY OF Volusia Name of Business: Brown and Brown of Daytona Beach By : Printed Name: Steve Farmer Title: Executive Vice President The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this 12 day of February , 2021 , by Steve Farmer , as Executive Vice President of Brown and Brown of Daytona Beach a . He or she is personally known or produced as identification. Page 116 INSURANCE BROKERAGE SERVICES COST/FEE PROPOSAL (Complete, sign and date, and insert this document under Tab H in proposal) Proposal Submitted by Brown and Brown of Daytona Beach Florida (Name of Company/Entity) INSURANCE BROKERAGE SERVICES COST/FEE PROPOSAL ANNUAL LUMP SUM DOLLAR AMOUNT FOR PROVISION OF SERVICES OUTLINED IN SECTION 3 – SCOPE OF SERVICES $ 58,000 FOR RFP 17-16 INSURANCE BROKERAGE SERVICES Authorized Signature: Printed Name of Authorized Signer: Steve Farmer E-Mail of Authorized Contact: sfarmer@bbdaytona.com Page 117 AFFIDAVIT REGARDING WORKERS’ COMPENSATION IMPOR TANT This certificate must be completed and returned by the Awarded Proposer, upon issuance of a Notice of Intent to Award by the Purchasing Department of the City of Port Orange. Please note, the City of Port Orange does not accept exemptions for Workers’ Compensation coverage. State of Florida County of Volusia I, , being duly sworn according to law, deposes and says (it, he, she, they) have accepted the Workers’ Compensation laws of the State of Florida, with its supplements and amendments and has insured (its, his, her, their) liability there under accordance with the terms of said Laws with the Company, under the terms of Policy Number for a period from , 20 to , 20 . WITNESS: CONTRACTOR: By: _ Name: Dustin Smurdon Company: Brown and Brown of Daytona Beach By: _ Name/Title: Steve Farmer/ Executive Vice President STATE OF Florida COUNTY OF Volusia The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this 12 day of February , 2021 , by Steve Farmer , as Executive Vice President of Brown and Brown of Daytona , a . He or she is personally known or produced as identification. Notary Public, State of Printed, typed or stamped name, commission and expiration: This certificate must be completed and returned by the Awarded Proposer, upon issuance of a Notice of Intent to Award by the Purchasing Department of the City of Port Orange. Please note, the City of Port Orange does not accept exemptions for Workers’ Compensation coverage. LEASED EMPLOYEE AFFIDAVIT EXHIBIT Page 118 CONTRACT # 21-04 ☐ I hereby certify that I do not utilize an employee leasing company or employee leased employees. I further agree to notify the City in the event these circumstances change. O R ☐ I affirm that an employee leasing company provides my workers’ compensation coverage. I further understand that my contract with the employee leasing company limits my workers' compensation coverage to enrolled worksite employees only. My leasing arrangement does not cover un-enrolled worksite employees, independent contractors, uninsured sub-contractors or casual labor exposure. I hereby certify that 100% of my workers are covered as worksite employees with the employee leasing company. I certify that I do not hire any casual or uninsured labor outside the employee leasing arrangement. I agree to notify the City in the event that I have any workers not covered by the employee leasing workers' compensation policy. In the event that I have any workers not subject to the employee leasing arrangement, I agree to obtain a separate workers' compensation policy to cover these workers. I further agree to provide the City with a certificate of insurance providing proof of workers' compensation coverage prior to these workers entering any City jobsite. I further agree to notify the City if my employee leasing arrangement terminates with the employee leasing company and I understand that I am required to furnish proof of replacement workers’ compensation coverage prior to the termination of the employee leasing arrangement. I certify that I have workers' compensation coverage for all of my workers through the employee leasing arrangement specified below: N am e of E m pl oy ee Leasi ng C om pa ny: _ Workers' Compensation Carrier: Trav elers Property Casualty of America _ A.M . Bes t Ra ti ng of C arrier: A++ _ Inception Date of Leasing Arrangement: _ I further agree to notify the City in the event that I switch em pl oyee- leasing companies. I recognize that I have an obligation to supply an updated workers' compensation certificate to the City that documents the change of carrier. I hereby attest that the information provided in this affidavit is accurate. In addition, I certify that I have read and understand the above statements regarding my responsibility under the Workers’ Compensation coverage. Name of C ontractor: Steve Farmer Signature of Ow ner /Offi cer: _ Title: Executive Vice President Date: 2.12.2021 X Page 119 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2022-0164,Version:1 COUNCIL AGENDA ITEM SUBJECT: Request approval of an emergency purchase for the replacement of damaged reclaimed water main near 17 th Street and Pine Tree Drive DEPARTMENT: Environmental Services SUMMARY: On Friday, March 18th, 2022 a reclaimed water main located in the Florida Shores section of the City of Edgewater was damaged by contractors installing underground conduit for Florida Power and Light. The line is located along 17th Street from Pine Tree Drive to Needle Palm Drive. The damaged reclaimed main is a critical component of the City’s reclaimed distribution network as a hydraulic support to ensure that reclaimed customers in the southern portion of Florida Shores have adequate water pressure and quantity to effectively irrigate their lawns. As the City’s Wastewater Treatment Plant is restricted in the volume of treated effluent that can be discharged into the Indian River, if the reclaimed distribution system is prevented from dispensing enough reclaimed water, there is the potential of introducing excessive quantities of treated effluent into the Indian River beyond our permitted amount. Additionally, the City wants to avoid collecting user rates without being able to provide adequate service to its reclaimed water customers. In compliance with established purchasing codes, the Department sought quotes from six local contractors capable of constructing the replacement 650 LF of 16” HDPE pipe. The following are the list of contractors and their responses: 1.B&B Underground - $96,208 2.MURDS - $107,480 3.General Underground - $124,875 4.DBE Utility Services - $150,850 +($52,900 Materials) = $203,750 5.True Bore - No response 6.Southern Directional Drilling - Does not have the equipment to make the repair On Tuesday,March 29,an Emergency Purchase Order was issued to the lowest qualified bidder B&B Underground in the amount $96,208.00 who was authorized to proceed with the work immediately. BUDGETED ITEM:☐ Yes ☒ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable City of Edgewater Printed on 4/19/2022Page 1 of 2 powered by Legistar™ File #:AR-2022-0164,Version:1 RECOMMENDED ACTION: Motion to approve the prior issuance of the Emergency Purchase Order for $96,208 to B&B Underground for the replacement of the damaged reclaimed water main. City of Edgewater Printed on 4/19/2022Page 2 of 2 powered by Legistar™ 1 Proposal 534 Black Ironwood Drive Deland, Florida 32724 Phone: 386-734-0592 Fax: 386-943-8895 Lic# CUC1224552 Attention: Date: 3/22/2022 Jeffrey Thurman Proposal For: Quote Valid for: 30 Days City of Edgewater PO Box 100 (386) 424-2400 RE: Florida Shores – Reclaim (1704 Needle Palm Drive to 1702 Pine Tree Drive) B&B Underground & Drilling, Inc is pleased to submit our proposal for directional drilling on the above referenced project. Scope of Work: Install an estimated 650 feet of 16” HDPE-DR11 Reclaim Water Main – Purple Stripe Priced @ $75.00/LF Fusing of Pipe and MJ Adapters Included Total: $48,750.00 (Labor Only) Material List: 650’ of 16” HDPE-DR11 Purple Stripe MJ Adapters and Accessory Kits Two Purple Tracer Wires Total: $46,458.00 *material pricing valid for 7 days per the pipe supplier. *lead-time is dictated by order date Mobilization: $1,000.00 Total Estimate: $96,208.00 (Labor, Material, and Mobilization) 2 Proposal 534 Black Ironwood Drive Deland, Florida 32724 Phone: 386-734-0592 Fax: 386-943-8895 Lic# CUC1224552 Primary Contractor Responsibility: (hereinafter PC) § Location to dump drill slurry. All cost associated with dumping to be paid by PC. § MOT § Water for drilling equipment. § Any excavation beyond four feet and associated dewatering. § Utilities that are located under roadway(s) or where B&B Underground & Drilling, Inc is unable to verify depth will require a soft dig. Soft dig work to be performed by outside contractor. All associated cost to be paid by PC. § Work will begin upon receipt of written notice to proceed and is subject to drill rig availability. § Payment for “Scope of Work” due upon receipt of invoice. We look forward to Partnering with your Team on this project. Best Regards, Scott Gabor Primary Contractor: B&B Underground & Drilling, Inc. Print: _________________________ Print: _________________________ Sign: _________________________ Sign: _________________________ Title: _________________________ Title: _________________________ Date: _________________________ Date: _________________________ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2022-0181,Version:1 COUNCIL AGENDA ITEM SUBJECT: Park Avenue Booster Pump Station Rehab DEPARTMENT: Environmental Services SUMMARY: The 50 year old water pump station located on West Park Avenue is in need of rehabilitation and replacement. The City has budgeted funds for the engineering design, permitting, and bidding phase services of a new pump station with upgraded capabilities on the same site. The new pump station will include facilities for disinfectant addition and continue to provide an additional source of pressure for maximum daily and peak hour flows and fire flow events. The subject proposal from the City’s continuing engineering consultant firm Mead & Hunt, Inc. includes the above listed services. The cost is above the budgeted amount. Additional funds are available to cover the overage. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable 444-5555-580.63-10 $150,000 / Proposal Amount $183,873 BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable A budget amendment is needed to cover the outstanding balance. The outstanding balance is $33,873. The amount can be covered from unspent funds in other projects. RECOMMENDED ACTION: Motion to approve the proposal from Mead & Hunt, Inc. in the amount of $183,873 for the Park Avenue Booster Pump Station Rehabilitation. City of Edgewater Printed on 4/19/2022Page 1 of 1 powered by Legistar™ Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com April 1, 2022 Randy J. Coslow, P.E. Email: rcoslow@cityofedgewater.org Deputy Director of Environmental Services / City Engineer City of Edgewater P O Box 100 Edgewater, FL 32132 Subject: Park Ave Booster Station Dear Randy: In accordance with your request, we are pleased to offer the enclosed scope of services and engineering fee proposal for the proposed Park Ave Booster Station (PABS). The PABS project involves demolition of existing structures at the site and construction of a new booster pump station. The new pump station will withdraw from the existing storage tank, include facilities for chemical injection and provide a source of pressure for diurnal and peak flows, to be provided by the City. Design elements will match to the extent possible, existing City facilities and provide for future use of the site for storage and/or material staging. The project scope presented herein is for: design, permitting and bidding services. CEI services will be offered under a separate task assignment. Thank you for this opportunity to continue to be of service. If you have any questions or require additional information, please contact me. Sincerely, MEAD & HUNT, Inc. Brad T. Blais, PE Kris Samples Vice President/Client Manager FL Water Market Leader/Vice President BTB/KS;bf Enclosure: Scope of Services and Fee Estimate Randy Coslow April 1, 2022 Page 2 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com CITY OF EDGEWATER SCOPE OF SERVICES FOR PARK AVENUE BOOSTER STATION The Task Order is in conformance with the Professional Services Agreement, Continuing Professional Engineering Services, dated November 18, 2019 between the City of Edgewater (CITY) and Mead & Hunt, Inc. (MEAD & HUNT) and is referred to herein as the Contract. GENERAL The project involves demolition of existing structures at the site and construction of a new booster pump station. The new pump station will withdraw from the existing storage tank, include facilities for chemical injection and provide a source of pressure for diurnal and peak flows, to be provided by the City. SCOPE OF SERVICES After receipt of authorization to proceed, MEAD & HUNT will provide the following services: Project Coordination MEAD & HUNT’S Project Manager (PM) will initiate the project and manage the budget and schedule, manage project staffing, review subconsultant invoices, manage project coordination, and schedule quality management processes for work products. The PM will monitor progress throughout the project and prepare monthly invoices for the CITY. It is assumed that these services will cover the estimated 12 month project planning, permitting, design and bidding schedule. Project Kick-Off Meeting MEAD & HUNT will conduct a project kick-off meeting with the project team and CITY staff to review project goals, scope of work, project schedule and administrative issues. Following the meeting, MEAD & HUNT will prepare a written summary of the project meeting and distribute to the attendees. Quality Assurance / Quality Control MEAD & HUNT will implement a quality assurance and control process, which includes: Independent technical review of alternatives developed and evaluated, and recommendations made by the project team. Reviews will include evaluations of constructability, performance, and conflicts. Randy Coslow April 1, 2022 Page 3 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com Independent review of the project technical work products before its submission to the CITY. Deliverables – Project Management • Kick-Off Meeting Agenda and Summary • Monthly Invoices Survey Coordination MEAD & HUNT will obtain the services of a licensed surveyor to conduct a boundary and site survey. The surveyor costs will be billed in the Subconsultants and Reimbursable section. MEAD & HUNT coordination of the survey efforts and administration of the subconsultants contract are included herein. Geotechnical Coordination MEAD & HUNT will obtain the services of a geotechnical subconsultant. The geotechnical costs will be billed in the Subconsultants and Reimbursable section. MEAD & HUNT coordination of the geotechnical efforts and administration of the subconsultants contract are included herein. Utility Coordination MEAD & HUNT will submit for a design ticket with Sunshine 811 to determine the existing utility owners in the area of the proposed improvements, and points of connection. 60% design drawings will be submitted to the utility owners identified on the design ticket for mark-up of existing facilities. Mark-ups received from utility owners will be transferred to the design drawings. Subsurface Utility Engineering (SUE) will not be performed as part of this project scope. Preliminary Design Report MEAD & HUNT will prepare a draft Preliminary Design Report (PDR) evaluating design alternatives and budget level pricing. The preliminary design concepts detailed in the PDR will be viable options for a comparison of alternatives. Connection pressures and demand flows are to be provided by the City for the diurnal and future demands. No hydraulic modeling effort is assumed within this project scope. The PDR will include an initial engineer’s opinion of probable construction cost (EOPCC) and confirmation of project permitting requirements. The PDR will suffice for the 30% design phase and subsequent design will proceed directly to 60% design plans and specifications. Randy Coslow April 1, 2022 Page 4 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com A draft PDR will be submitted to the CITY for review and comment. It is assumed the CITY will conduct their review in a two-week period and a meeting will be held at the end of the CITY’s review. MEAD & HUNT will schedule and attend a draft PDR review meeting to review the CITY’s comments on the draft PDR. Comments received will be incorporated into the final PDR and subsequent design documents. Deliverables – Preliminary Design • Draft Preliminary Design Report • Preliminary Design Review Meeting Summary • Final Preliminary Design Report Task 1 – 60% Design Development MEAD & HUNT will develop 60% drawings and specifications that reflect the proposed improvements detailed in the final PDR or the comments received at the 30% Design review meeting. The CITY’s standard front-end contract documents will be used and coordinated with MEAD & HUNT’s technical specifications. MEAD & HUNT will provide a 60% engineer’s opinion of probable construction cost (EOPCC). The 60% submittal package will be submitted to the CITY for review and comment. The submittal will include the items shown in the deliverable section below. A comment/response log will be included with the submittal to document how the CITY’s comments from the 30% review meeting are addressed in the 60% submittal. It is assumed the CITY will conduct their review in a two-week period, and a meeting will be held at the end of the CITY’s review. MEAD & HUNT will schedule and attend a 60% design review meeting to review the CITY’s comments on the design drawings and specifications. Comments received will be incorporated into the 90% design documents. Deliverables – 60% Design • 60% Design Drawings • 60% Specifications • 60% EOPCC • 30% Comment/Response Log Randy Coslow April 1, 2022 Page 5 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com Task 2 – 90% Design Development Based on the CITY’s 60% review comments and discussions at the 60% review meeting, MEAD & HUNT will advance the 60% design drawings to 90% completion. MEAD & HUNT will advance the 60% technical specifications to the 90% level for construction of the new components and facilities. MEAD & HUNT’s 60% EOPCC will be updated for the 90% submittal. The 90% submittal package will be prepared and submitted to the CITY and permitting agencies for review and comment. The submittal will include the items shown in the deliverable section below. A comment/response log will be included with the submittal to document how the CITY’s comments from the 60% review meeting are addressed in the 90% submittal. It is assumed the CITY will conduct their review in a two-week period, and a meeting will be held at the end of the CITY’s review. MEAD & HUNT will schedule and attend a 90% design review meeting to review the CITY’s comments on the design drawings and specifications. Comments received will be incorporated into the 100% design documents. Deliverables – 90% Design • 90% Design Drawings • 90% Specifications • 90% EOPCC • 60% Comment/Response Log Task 3 – 100% Design Development Based on the CITY’s 90% review comments and discussions at the 90% review meeting, MEAD & HUNT will advance the 90% design drawings to 100% completion. MEAD & HUNT will advance the 90% technical specifications to the 100% level for construction. MEAD & HUNT’s 90% EOPCC will be updated for the 100% submittal. The 100% submittal package will be submitted to the CITY for review and comment. The submittal will include the items shown in the deliverable section below. A comment/response log will be included with the submittal to document how the CITY’s comments from the 90% review meeting are addressed in the 100% submittal. Deliverables – 100% Design • 100% Design Drawings • 100% Specifications • 100% EOPCC Randy Coslow April 1, 2022 Page 6 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com • 90% Comment Response Log Specific Permit to Construct PWS Components MEAD & HUNT will attend up to one (1) pre-application meeting with FDEP to discuss permitting requirements. MEAD & HUNT will prepare an agenda and meeting summary for the meeting. After the pre-application meeting, any necessary revisions to the design recommendations will be reviewed with the CITY and incorporated into the various design components. MEAD & HUNT will prepare and submit the permit application in accordance with the specific permit requirements and input from the pre-application meeting. Permit applications will be submitted after the 90% design has been reviewed and accepted by the CITY. The CITY will receive one (1) electronic copy of final applications and permits. Permit fees will be paid by the CITY. MEAD & HUNT will respond to up to one (1) Request for Additional Information (RAI) as part of the permit application process. Follow up phone calls or meetings with the regulators to assist with the responses are included in the task. Responses will be limited to clarifications related to the submittals in accordance with the documented permit requirements or those identified in the pre-application meeting. MEAD & HUNT will respond to RAI’s in a timely manner to minimize any potential schedule impacts. Environmental Resources Permit MEAD & HUNT will attend up to one (1) pre-application meeting with SJRWMD or FDEP to discuss permitting requirements. MEAD & HUNT will prepare an agenda and meeting summary for each meeting. After the pre-application meeting, any necessary revisions to the design recommendations will be reviewed with the CITY and incorporated into the various design components. MEAD & HUNT will prepare and submit the permit application in accordance with the specific permit requirements and input from the pre-application meeting. This task also includes subconsultant services for geotechnical investigations and wetland delineation should they be required. Permit applications will be submitted after the 90% design has been reviewed and accepted by the CITY. The CITY will receive one (1) electronic copy of final applications and permits. Permit fees will be paid by the CITY. MEAD & HUNT will respond to up to one (1) Request for Additional Information (RAI) as part of the permit application process. Follow up phone calls or meetings with the regulators to assist with the responses are included in the task. Responses will be limited to clarifications related to the submittals in accordance with the documented permit requirements or those identified in the pre-application meeting. MEAD & HUNT will respond to RAI’s in a timely manner to minimize any potential schedule impacts. Randy Coslow April 1, 2022 Page 7 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com County Right-of-Way Use Permit MEAD & HUNT will prepare and submit the permit application in accordance with the specific permit requirements. Permit applications will be submitted after the 90% design has been reviewed and accepted by the CITY. The CITY will receive one (1) electronic copy of final applications and permits. Permit fees will be paid by the CITY. MEAD & HUNT will respond to up to one (1) Request for Additional Information (RAI) as part of the permit application process. Follow up phone calls or meetings with the regulators to assist with the responses are included in the task. Responses will be limited to clarifications related to the submittals in accordance with the documented permit requirements or those identified in the pre-application meeting. MEAD & HUNT will respond to RAI’s in a timely manner to minimize any potential schedule impacts. Site Plan Approval MEAD & HUNT will prepare and submit the permit application in accordance with the specific permit requirements. Permit applications will be submitted after the 90% design has been reviewed and accepted by the CITY. The CITY will receive one (1) electronic copy of final applications and permits. Permit fees will be paid by the CITY. MEAD & HUNT will respond to up to one (1) Request for Additional Information (RAI) as part of the permit application process. Follow up phone calls or meetings with the regulators to assist with the responses are included in the task. Responses will be limited to clarifications related to the submittals in accordance with the documented permit requirements or those identified in the pre-application meeting. MEAD & HUNT will respond to RAI’s in a timely manner to minimize any potential schedule impacts. Deliverables – Permitting • Final Specific Permit to Construct PWS Components application and final permit • Final Environmental Resource Permit application and final permit • Final County Right-of-Way Permit application and final permit • Final Site Plan Approval application and final site plan approval The CITY will be responsible for managing the bid process, i.e., advertisement, distribution of bid packages, receipt and opening of bids. MEAD & HUNT will provide the following bid-phase services: Randy Coslow April 1, 2022 Page 8 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com Bid Documents MEAD & HUNT will prepare and submit bid documents including bid number, pre-bid date and time, and other pertinent information to create a Bid Set of the plans and specifications. Pre-Bid Meeting MEAD & HUNT will attend and lead a pre-bid meeting at the CITY facility to review the project details before bids are submitted. MEAD & HUNT will present project details and answer potential bidders’ questions at this meeting. Addenda MEAD & HUNT will respond to potential bidders’ questions during the bid period. Questions and responses will be documented and submitted to the CITY for distribution to potential bidders in the form of addenda. MEAD & HUNT will prepare addenda. Bid Tabulation and Recommendation of Award MEAD & HUNT will complete a review of the bids for completeness and conformance with the bidding and contract requirements. MEAD & HUNT will evaluate the low bidder(s) submitted qualifications information and contact provided references to inquire about bidders’ experience. Based on that review, MEAD & HUNT will submit to the CITY a bid tabulation and a recommendation of award. Deliverables – Bidding Services • Bid Set Plans and Specifications • Pre-bid Meeting Agenda and Summary • Addenda to bid documents • Final bid tabulation • Recommendation of award Items under this phase include out-of-pocket direct job expenses such as reproductions, postage, etc. It is assumed permit application fees will be paid by MEAD & HUNT and are included in this phase. Items included in this phase will be billed at actual cost plus 10%. Randy Coslow April 1, 2022 Page 9 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com • Geotechnical – Soil borings and geotechnical evaluation of the site will be performed by Bechtol Engineering & Testing, Inc. (BET). A copy of their proposal is included herein. This will be billed at actual cost as a separate allowance. • Survey – The design survey shall include the boundary survey and site. This work will be billed at actual cost as a separate allowance. EXCLUSIONS This scope of services excludes all items not specifically described herein. SCHEDULE Mead & Hunt estimates the work included in this task order will be completed in accordance with the following schedule: Phase/Task Duration to Complete Starting upon Phase 1 – Project Management 365 days Receipt of notice to proceed Phase 2 – Preliminary Design 60 days Receipt of notice to proceed Phase 3 – Project Design 180 days Client approval of PDR Phase 4 – Permitting 60 days Client approval of 90% Design Phase 5 – Bidding Services 60 days Client approval of Bid Documents Phase 6 – Subconsultants/Reimbursables 180 days Client award to Contractor The above timeframes do not include Client and agency review time. COMPENSATION The fee is based on the following breakdown: Phase/Task Fee/Cost Basis Phase 1 – Project Management $15,298 Lump Sum Phase 2 – Preliminary Design $18,000 Lump Sum Phase 3 – Project Design $101,979 Phase 4 – Permitting $11,758 Lump Sum Phase 5 – Bidding Services $6,838 Lump Sum Phase 6 – Subconsultants/Reimbursables $30,000 Time & Expenses TOTAL $183,873 Randy Coslow April 1, 2022 Page 10 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com AUTHORIZATION: The scope of services and compensation stated in this proposal are valid for a period of thirty (30) days from date of submission. If authorization to proceed is not received during this period, this proposal may be withdrawn or modified by MEAD & HUNT. Accepted by: CITY OF EDGEWATER Approved by: MEAD & HUNT, INC. By: By: Name: Name: Brad T. Blais, PE Title: Title: Vice President/Client Manager The above person is authorized to sign for Client and bind the Client to the terms hereof. Date: Date April 1, 2022 PURSUANT TO FLORIDA STATUTE SECTION 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF MEAD & HUNT INC. MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. IF THE CONTRACTOR (MEAD & HUNT, INC.) HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S (MEAD & HUNT, INC.’s) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT (PROPOSAL), CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY HALL, CITY OF EDGEWATER, 104 N. RIVERSIDE DRIVE, EDGEWATER, FL 32132, City Clerk, Robin L. Matusick, (386) 424-2400, Ext. 1102, CityClerk@cityofedgewater.org. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2022-0182,Version:1 COUNCIL AGENDA ITEM SUBJECT: Lift Station 11 Rehabilitation DEPARTMENT: Environmental Services SUMMARY: Constructed in the 1970’s, this project involves the rehabilitation of Lift Station 11 due to the station’s age and condition. The station is located near Park Avenue on Wildwood Boulevard. Upgrades will include the removal and replacement of two (2) pumps, lining the wet well, addition of a valve box with bypass pumping capabilities, new electrical and control panel. The site will also be examined to verify if an onsite backup pump could be permanently placed onsite. If determined suitable room is available, a bypass pump is to be included in the design. The top slab of the station will be 1ft above the 100yr floodplain elevation. At the City’s request, Mead & Hunt Inc. submitted a proposal in the amount of $60,507 to complete the engineering deisgn, permitting, and bidding phase services for this project pursuant to the Professional Services Agreement, Continuing Professional Engineering Services, dated November 18, 2019, between the City of Edgewater and Mead & Hunt, Inc. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: Motion to approve the prior issuance of a Purchase Order for $60,507 to Mead & Hunt, Inc. for the design, permitting, and bidding services of Lift Station 11. City of Edgewater Printed on 4/19/2022Page 1 of 1 powered by Legistar™ Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com Email: RCoslow@CITYofEdgewater.org Hard Copy Mailed Only on Request March 24, 2022 Randy Coslow Deputy Director of Environmental Services / City Engineer City of Edgewater P O Box 100 Edgewater, FL 32132 Subject: Lift Station 11 Rehabilitation Dear Mr. Coslow, In accordance with your request, we are pleased to offer the enclosed scope of services and engineering fee estimate for design of the above referenced project. Thank you for this opportunity to continue to be of service. If you have any questions or require additional information, please do not hesitate to call. Sincerely, MEAD & HUNT, Inc. Brad T. Blais, P.E. Cassandra “Casey” Cissell, P.E., ENV SP Vice President/Market Leader Project Manager BTB/CMC Enclosure: Scope of Services and Fee Estimate Cory Surveying Proposal Randy Coslow March 24, 2022 Page 2 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com CITY OF EDGEWATER SCOPE OF SERVICES FOR LIFT STATION 11 REHABILITATION The Task Order is in conformance with the Professional Services Agreement, Continuing Professional Engineering Services, dated November 18, 2019, between the City of Edgewater (CITY) and Mead & Hunt, Inc. (MEAD & HUNT) and is referred to herein as the Contract. GENERAL The CITY desires to rehabilitate Lift Station 11 which is located near the intersection of Park Ave and Wildwood Blvd., behind the Citgo Convenience Store/Gas Station. This rehabilitation is required due to the station’s age and condition. Upgrades will include removal and replacement of two (2) pumps, lining of the wet well, the addition of a valve box with bypass, new electrical, and a new control panel. The site will also be examined to verify if an onsite backup pump could be permanently placed onsite. If determined suitable room is available, bypass pump to be included in the design. The wet well is assumed to be adequately sized and no additional flows to this station are anticipated. The top slab of the station will be 1 ft above the 100yr floodplain elevation. MEAD & HUNT will be responsible for complete design plans, permits with regulatory agencies, preparation of bid documents and bidding services. SCOPE OF SERVICES After receipt of authorization to proceed, MEAD & HUNT will provide the following services: Project Coordination and Invoicing MEAD & HUNT’S Project Manager (PM) will initiate the project and manage the budget and schedule, manage project staffing, review subconsultant invoices, manage project coordination, and schedule quality management processes for work products. The PM will monitor progress throughout the project and prepare monthly invoices for the CITY. It is assumed that these services will cover the estimated 6- month project design. Project Kick-Off Meeting MEAD & HUNT will conduct a project kick-off meeting with the project team and CITY staff to review project goals, scope of work, project schedule and administrative issues. Following the meeting, MEAD & HUNT will prepare a written summary of the project meeting and distribute to the attendees. Randy Coslow March 24, 2022 Page 3 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com Quality Assurance / Quality Control MEAD & HUNT will implement a quality assurance and control process, which includes: Independent technical review of alternatives developed and evaluated, and recommendations made by the project team. Reviews will include evaluations of constructability, performance, and conflicts. Independent review of the project technical work products before its submission to the CITY. Deliverables – Project Management •Kick-Off Meeting Summary •Monthly Invoices Survey Coordination MEAD & HUNT will obtain the services of a licensed surveyor to conduct a site survey. The surveyor costs will be billed in the Subconsultants and Reimbursable section. MEAD & HUNT coordination of the survey efforts and administration of the subconsultants contract are included herein. Utility Coordination MEAD & HUNT will submit for a design ticket with Sunshine 811 to determine the existing utility owners in the area of the proposed improvements, and points of connection. At that time, a set of 60% design drawings will be submitted to the utility owners identified on the design ticket for mark-up of existing facilities. Mark-ups received from utility owners will be transferred to the design drawings. Task 1 – 60% Design Development MEAD & HUNT will develop 60% drawings and specifications that reflect the proposed improvements discussed at the project kick-off meeting. The CITY’s standard front-end contract documents will be used and coordinated with MEAD & HUNT’s technical specifications. MEAD & HUNT will provide a 60% engineer’s opinion of probable construction cost (EOPCC). Randy Coslow March 24, 2022 Page 4 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com The 60% submittal package will be submitted to the CITY for review and comment. The submittal will include the items shown in the deliverable section below. It is assumed the CITY will conduct their review in a two-week period, and a meeting will be held at the end of the CITY’s review. MEAD & HUNT will schedule and attend a 60% design review meeting to review the CITY’s comments on the design drawings and specifications. Comments received will be incorporated into the 90% design documents. Deliverables – 60% Design •60% Design Drawings •60% Specifications •60% EOPCC Task 2 – 90% Design Development Based on the CITY’s 60% review comments and discussions at the 60% review meeting, MEAD & HUNT will advance the 60% design drawings to 90% completion. MEAD & HUNT will advance the 60% technical specifications to the 90% level for construction of the new components and facilities. MEAD & HUNT’s 60% EOPCC will be updated for the 90% submittal. The 90% submittal package will be prepared and submitted to the CITY and permitting agencies for review and comment. The submittal will include the items shown in the deliverable section below. A comment/response log will be included with the submittal to document how the CITY’s comments from the 60% review meeting are addressed in the 90% submittal. It is assumed the CITY will conduct their review in a two-week period, and a meeting will be held at the end of the CITY’s review. MEAD & HUNT will schedule and attend a 90% design review meeting to review the CITY’s comments on the design drawings and specifications. Comments received will be incorporated into the 100% design documents. Deliverables – 90% Design •90% Design Drawings •90% Specifications •90% EOPCC •60% Comment/Response Log Randy Coslow March 24, 2022 Page 5 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com Task 3 – 100% Design Development Based on the CITY’s 90% review comments and discussions at the 90% review meeting, MEAD & HUNT will advance the 90% design drawings to 100% completion. MEAD & HUNT will advance the 90% technical specifications to the 100% level for construction. MEAD & HUNT’s 90% EOPCC will be updated for the 100% submittal. The 100% submittal package will be submitted to the CITY. The submittal will include the items shown in the deliverable section below. A comment/response log will be included with the submittal to document how the CITY’s comments from the 90% review meeting are addressed in the 100% submittal. Deliverables – 100% Design •100% Design Drawings •100% Specifications •100% EOPCC •90% Comment Response Log FDEP Wastewater Collection System Permit MEAD & HUNT will prepare and submit the permit application in accordance with the specific permit requirements Permit applications will be submitted after the 90% design has been reviewed and accepted by the CITY. The CITY will receive one (1) electronic copy of final applications and permits. Permit fees will be paid by MEAD & HUNT. MEAD & HUNT will respond to up to one (1) Request for Additional Information (RAI) as part of the permit application process. Follow up phone calls with the regulators to assist with the responses are included in the task. Responses will be limited to clarifications related to the submittals in accordance with the documented permit requirements. MEAD & HUNT will respond to RAIs in a timely manner to minimize any potential schedule impacts. Deliverables – Permitting •Final FDEP Wastewater Collection System Permit application and final permit The CITY will be responsible for managing the bid process, i.e., advertisement, distribution of bid packages, receipt and opening of bids. MEAD & HUNT will provide the following bid-phase services: Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com Randy Coslow March 24, 2022 Page 6 Bid Documents MEAD & HUNT will prepare and submit bid documents including bid number, pre-bid date and time, and other pertinent information to create a Bid Set of the plans and specifications. Pre-Bid Meeting MEAD & HUNT will attend and lead a pre-bid meeting at the CITY facility to review the project details before bids are submitted. MEAD & HUNT will present project details and answer potential bidders’ questions at this meeting. Addenda MEAD & HUNT will respond to potential bidders’ questions during the bid period. Questions and responses will be documented and submitted to the CITY for distribution to potential bidders in the form of addenda. MEAD & HUNT will prepare one (1) addendum Bid Tabulation and Recommendation of Award MEAD & HUNT will complete a review of the bids for completeness and conformance with the bidding and contract requirements. MEAD & HUNT will evaluate the low bidder(s) submitted qualifications information and contact provided references to inquire about bidders’ experience. Based on that review, MEAD & HUNT will submit to the CITY a bid tabulation and a recommendation of award. Deliverables – Bidding Services •Bid Set Plans and Specifications •Addendum to bid documents •Final bid tabulation •Recommendation of award Items under this phase include out-of-pocket direct job expenses such as reproductions, postage, etc. It is assumed the permit application fee will be paid by MEAD & HUNT and are included in this phase. •Survey – The design survey shall include the entire route site, underground utilities identified by surveyor, and topography to a point 10’ behind the R/W. The detailed survey scope by Cory Surveying is included herein. This work will be billed at actual cost +10% as a separate allowance. Randy Coslow March 24, 2022 Page 7 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com If additional services are identified as needed or required during the duration of the project, MEAD & HUNT will request written approval from the CITY to utilize contingency funds for any additional work items. Contingency funds will be billed at time and expense. Additional work will be billed per the agreed upon contract hourly rates. MEAD & HUNT will not bill against the contingency funding without prior authorization from the CITY. EXCLUSIONS This scope of services excludes all items not specifically described herein, including but not limited to: •Easement Acquisition •Construction Phase Services •Geotechnical Engineering •Special Studies •Laboratory Services •Redesign per Client or Contractor •Investigations •Funding Assistance •Environmental •Professional Services Acquisition Assistance •Completed Project Assessment SCHEDULE Mead & Hunt estimates the work included in this task order will be completed in accordance with the following schedule: Phase/Task Duration to Complete Starting upon Phase 1 – Project Management 175 days Receipt of notice to proceed Phase 2 – Preliminary Design 42 days Receipt of notice to proceed Phase 3 – Project Design 60% Design Documents 30 days Receipt of Survey 60% City Review 14 days 90% Design Documents 20 days Receipt of CITY’s 60% Comments 90% City Review 14 days Randy Coslow March 24, 2022 Page 8 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com 100% Design Documents 10 days Receipt of CITY’s 90% Comments Phase 4 – Permitting 45 days Client approval of 90% Design (concurrent) Phase 5 – Bidding Services 45 days Client approval of Bid Documents COMPENSATION The not-to-exceed cost for this Scope of Services, including Contingency Funds, is $60,507. The Contingency Funds authorized for use on this project may only be expended upon written approval from the CITY. Any out-of-scope work performed requiring the release of Contingency Funds will be considered at-risk and may not be compensated until, or if, written approval is granted by the CITY. The above fee is based on the following breakdown: Phase/Task Fee/Cost Basis Phase 1 – Project Management $4,211 Lump Sum Phase 2 – Preliminary Design $2,071 Lump Sum Phase 3 – Project Design 60% Design $20,158 Lump Sum 90% Design $12,020 Lump Sum 100% Design $5,976 Lump Sum Phase 4 – Permitting $3,561 Lump Sum Phase 5 – Bidding Services $5,260 Lump Sum Subtotal $53,257 Phase 6 – Subconsultants/Reimbursables Survey Allowance $1,500 Actual Cost+10% Permit Allowance $250 Actual Cost Printing/Reproduction/Postage $500 Actual Cost Phase 7 – Contingency at 10% $5,000 Time & Expense TOTAL $60,507 AUTHORIZATION: The scope of services and compensation stated in this proposal are valid for a period of thirty (30) days from date of submission. If authorization to proceed is not received during this period, this proposal may be withdrawn or modified by MEAD & HUNT. Randy Coslow March 24, 2022 Page 9 Mead & Hunt | 4401 Eastport Parkway, Port Orange, FL, 32127 | 386-761-6810 | meadhunt.com Accepted by: CITY OF EDGEWATER Approved by: MEAD & HUNT, INC. By: By: Name: Name: Brad T. Blais, P.E. Title: Title: Vice President/Market Leader The above person is authorized to sign for Client and bind the Client to the terms hereof. Date: Date March 24, 2022 PURSUANT TO FLORIDA STATUTE SECTION 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF MEAD & HUNT INC. MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. IF THE CONTRACTOR (MEAD & HUNT, INC.) HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S (MEAD & HUNT, INC.’s) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT (PROPOSAL), CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY HALL, CITY OF EDGEWATER, 104 N. RIVERSIDE DRIVE, EDGEWATER, FL 32132, CITY Clerk, Robin L. Matusick, (386) 424-2400, Ext. 1102, rmatusick@CITYOFEDGEWATER.ORG. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2022-0183,Version:4 COUNCIL AGENDA ITEM SUBJECT: Requesting award and approval for the City Manager to execute contracts for the Appraisal and Review Appraisal Services for the Hart Avenue Drainage and Water Main Improvements project to Pomeroy Appraisal in the amount of $20,200 for the Prime Appraisal and to Kroll,LLC in the amount of $13,500 for the Review Appraisal per terms and Conditions set forth in ITB 22-ES-04. DEPARTMENT: Finance SUMMARY: The City of Edgewater issued an Invitation to Bid (ITB 22-ES-4)on February 23,2022 with the sole purpose and intent of obtaining Bids from qualified and licensed firms to provide Appraisal and Review Appraisal Services for the Hart Avenue Drainage and Water Main Improvements project,funded by the City of Edgewater,Community Development Block Grant (CDBG)Disaster Recovery (CDBG-DR)Rebuild Florida Infrastructure Grant through the Florida Department of Economic Opportunity (Subgrant IR004),and a Hazard Mitigation Grant Program (HMGP) grant through Florida Division of Emergency Management (FDEM). On March 30,2022,the following bids were received and all were deemed responsible/responsive bid as follows: PRIME PROPERTY APPRAISALS OF ONE FULL PROPERTY AND 10 EASEMENTS VENDOR Total Fee Pomeroy Appraisal $20,200 Kroll, LLC $34,500 The Urban Group, Inc $34,800 REVIEW APPRAISALS OF ONE FULL PROPERTY AND 10 EASEMENTS VENDOR Total Fee Pomeroy Appraisal $10,200 Kroll, LLC $13,500 The Urban Group, Inc $16,225 Per the stated evaluation criteria,the City intends to award 2 separate firms (one for the Preliminary Appraisal and one for the Review Appraisal)based on the lowest responsible/responsive bid.Should the same firm be the lowest apparent bidder for both sections,the second lowest bidder will be awarded the Review Appraisal portion of this project’ City of Edgewater Printed on 4/19/2022Page 1 of 2 powered by Legistar™ File #:AR-2022-0183,Version:4 BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: Motion to award and authorize the City Manager to execute contracts to Pomeroy Appraisal in the amount of $20,200 for the Prime Appraisal and to Kroll,LLC in the amount of $13,500 for the Review Appraisal per terms and Conditions set forth in ITB 22-ES-04. City of Edgewater Printed on 4/19/2022Page 2 of 2 powered by Legistar™ INVITATION TO BID ITB 22-ES-04 PROPERTY APPRAISAL AND REVIEW APPRAISAL SERVICES FOR HART AVENUE DRAINAGE AND WATER MAIN IMPROVEMENTS City of Edgewater, Florida 104 North Riverside Drive Edgewater, FL 32132 RELEASE DATE: February 23, 2022 DEADLINE FOR QUESTIONS: March 16, 2022 RESPONSE DEADLINE: March 30, 2022, 2:00 pm RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO: https://secure.procurenow.com/portal/edgewater City of Edgewater, Florida INVITATION TO BID Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 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: Overview_Map_of_Hart_Ave_Easements+Acquisition.pdf A - 01-Drainage and Utility Easement - 205 HART AVE 2021-12-03 B - 01-Easement Sketch 205 HART AVE 745201000312 Aerial C - 02-Drainage and Utility Easement - 206 S RIDGEWOOD AVE 2021-12-03 D - 02-Easement Sketch 206 S RIDGEWOOD AVE 745201000310 Aerial E - 03-Drainage and Utility Easement - 209 HART AVE 2021-12-03 F - 03-Easement Skeetch 209 HART AVE 745201000311 Aerial G - 04-Drainage and Utility Easement - 316 S RIDGEWOOD AVE 2021-12-03 H - 04-Easement Sketch 316 S RIDGEWOOD AVE 745209020010 Aerial I - 05-Drainage and Utility Easement - 325 HART AVE 2021-12-03 J - 05-Easement Sketch 325 HART AVE 745209030070 Aerial Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 3 K - 06-Drainage and Utility Easement - 125 W OCEAN AVE 2021-12-03 L - 06-Easement Sketch 125 W OCEAN AVE 743310004150 Aerial M - 07-Drainage and Utility Easement - 120 W OCEAN AVE 2021-12-03 N - 07-Easement Sketch 120 W OCEAN AVE 743310004330 Aerial O - 08-Drainage and Utility Easement - 126 W OCEAN AVE 2021-12-03 P - 08-Easement Sketch 126 W OCEAN AVE 743310004310 Aerial Q - 09-Drainage and Utility Easement - 123 W CONNECTICUT AVE 2021-12-03 R - 09-Easement Sketch 123 W CONNECTICUT AVE 743310004560 Aerial S - 10-Drainage and Utility Easement - 700 S RIDGEWOOD AVE 2021-12-03 T - 10-Easement Sketch 700 S Ridgewood Ave 743300000020 Aerial Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 4 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, OpenGov/ProcureNow to requesting proposals for appraisal and review appraisal services in a project funded by the City of Edgewater, Community Development Block Grant (CDBG) Disaster Recovery (CDBG-DR) Rebuild Florida Infrastructure Grant through the Florida Department of Economic Opportunity (Subgrant IR004), and a Hazard Mitigation Grant Program (HMGP) grant through Florida Division of Emergency Management (FDEM). . Bids will be received until 2:00 pm, on Wednesday, March 30, 2022. ITB 22-ES-04 "Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements" 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 Property Appraisers to provide all insurance, manpower, material and supervision for the Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements, 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 Wednesday, March 9, 2022, commencing promptly at 10:00 am, and will be held: This meeting will be held in person at: City of Edgewater City Hall 104 N. Riverside Drive Edgewater, FL 32132 as well as via ZOOM: Join Zoom Meeting https://us06web.zoom.us/j/88034998001?pwd=QXVrOEN6cXd5QW4yWTJ3a3JGbUdzdz09 Meeting ID: 880 3499 8001 Passcode: 049228. 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, OpenGov/ProcureNow, on the City of Edgewater Finance website: www.cityofedgewater.org, and in the Lobby of City Hall on Wednesday, February 23, 2022. 1.2. Funding This project is funded by the City of Edgewater, Community Development Block Grant (CDBG) Disaster Recovery (CDBG-DR) Rebuild Florida Infrastructure Grant through the Florida Department of Economic Opportunity (Subgrant IR004), and a Hazard Mitigation Grant Program (HMGP) grant through Florida Division of Emergency Management (FDEM). Proposer must meet all funding requirements. Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 5 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 Property Appraisers to provide all insurance, manpower, material and supervision for the Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements, in accordance with the terms and conditions herein. The successful bidder will be hereinafter be referred to as the "Contractor". The CITY OF EDGEWATER, FLORIDA anticipates the acquisition of one parcel of property and ten (10) construction or permanent easements necessary to complete water main and drainage improvements on Hart Avenue. The City of Edgewater, Florida is requesting proposals for appraisal and review appraisal services in a project funded by the City of Edgewater, Community Development Block Grant (CDBG) Disaster Recovery (CDBG-DR) Rebuild Florida Infrastructure Grant through the Florida Department of Economic Opportunity (Subgrant IR004), and a Hazard Mitigation Grant Program (HMGP) grant through Florida Division of Emergency Management (FDEM). The acquisitions require that an appraisal and a separate review appraisal of a repetitively flooded parcel of land and structure be conducted as well as appraisals and review appraisals for ten (10) permanent and or construction easements necessary to carry out the water main and drainage project located on Hart Avenue. All work shall be in conformance to the requirements of the HMGP and CDBG- DR grants. Proposers must meet all CDBG/FDEO requirements. Additionally, the proposed acquisitions, accompanying appraisals and review appraisals must adhere to the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and (42 U.S.C. 4201-4655) and implementing regulations at 49 CFR part 24. The City of Edgewater is seeking qualified licensed proposers to conduct these appraisals and/or review appraisals of one parcel of property and approximately ten (10) easements intended for City acquisition under the Community Development Block Grant (CDBG) Program. Scope of work consists of conducting Appraisals or Review Appraisals of one (1) developed property and ten (10) permanent or construction easements. A total of two (2) separate firms will be selected: one firm for conducting the appraisals, and another firm for the review appraisals. All proposals are to be submitted electronically via the City's e- Procurement Portal at https://secure.procurenow.com/portal/edgewater on or before Wednesday, March 30, 2022, no later than 2:00 pm, Eastern Time, The City shall not bear the responsibility for Proposals submitted past the stated date and/or time indicated or delivered though any other means. to an incorrect address by bidder's personnel. Proposals are invited upon the items and quantities of work as follows: Property parcels, location maps, property addresses, are outlined in the scope of work and accompanying spreadsheet. The City of Edgewater reserves the right to reject any or all Proposals or to waive any informality in the review of proposals received. The City intends to award 2 separate firms (one for the Preliminary Appraisal and one for the Review Appraisal) based on the lowest responsible/responsive bid. Should the same firm be the lowest Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 6 apparent bidder for both sections, the second lowest bidder will be awarded the Review Appraisal portion of this project, Proposals may be held by the City of Edgewater, Florida for a period not to exceed 30 days from the date of the opening of the Proposals for the purpose of reviewing the Proposals and investigating the qualifications of proposers, prior to awarding contract(s). For more information proposer may contact Pat Drosten, Purchasing Specialist by phone at (386) 424- 2400 x1306 or by email at pdrosten@cityofedgewater.org. The City of Edgewater is an Equal Opportunity Employer and invites the submission of proposals from Minority and Women-owned firms. 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 2020 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 All questions must be submitted via the Question and Answer Portal within the E-Procurement Portal. No questions will be accepted via email or phone call. Purchasing Department Purchasing 104 N RIverside Drive Edgewater, FL 32132 Email: purchasing@cityofedgewater.org Phone: (386) 424-2400 Department: Environmental Services 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 February 23, 2022 Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 7 Pre-Bid Conference (Non-Mandatory) March 9, 2022, 10:00am This meeting will be held in person at: City of Edgewater City Hall 104 N. Riverside Drive Edgewater, FL 32132 as well as via ZOOM: Join Zoom Meeting https://us06web.zoom.us/j/88034998001?pwd=QX VrOEN6cXd5QW4yWTJ3a3JGbUdzdz09 Meeting ID: 880 3499 8001 Passcode: 049228 Deadline for Questions March 16, 2022, 2:00pm Addendum Due March 23, 2022, 4:30pm Bids Due/Opening Date March 30, 2022, 2:00pm Bids must be submitted via the City's E- Procurement Portal prior to the bid deadline. The bid opening will be held in person at: City of Edgewater City Hall 104 N. Riverside Drive Edgewater, FL 32132 as well as via ZOOM: Join Zoom Meeting https://us06web.zoom.us/j/82168268167?pwd=Yk 43OEJvblNRb1lKS0pZZEZDd1BVQT09 Meeting ID: 821 6826 8167 Passcode: 292149 Notice of Recommendation April 13, 2022 Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 8 City Council Selection/Award Date May 2, 2022 Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 9 3. INSTRUCTION FOR BID 3.1. Delivery of Bids All Bids are to be delivered before 2:00 pm, local time, on or before Wednesday, March 30, 2022 via the City's e-Procurement Portal, OpenGov/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 OpenGov/ProcureNowons 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, Wednesday, March 16, 2022 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 and 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 2020-R-23 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. The City intends to award 2 separate firms (one for the Preliminary Appraisal and one for the Review Appraisal) based on the lowest responsible/responsive bid. Should the same firm be the lowest Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 10 apparent bidder for both sections, the second lowest bidder will be awarded the Review Appraisal portion of this project, 3.4. Pre-Bid Conference A non-mandatory pre-bid conference will be held on Wednesday, March 9, 2022, commencing promptly at 10:00 am, and will be held: This meeting will be held in person at: City of Edgewater City Hall 104 N. Riverside Drive Edgewater, FL 32132 as well as via ZOOM: Join Zoom Meeting https://us06web.zoom.us/j/88034998001?pwd=QXVrOEN6cXd5QW4yWTJ3a3JGbUdzdz09 Meeting ID: 880 3499 8001 Passcode: 049228. 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 #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 11 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. 3.8. Delivery of Bid All Bids are to be submitted electronically via the City's e-Procurement Portal no later than 2:00 pm, local time, on or before Wednesday, March 30, 2022. 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. Evaluation of Proposals (Procedure) The City’s procedure for selecting is as follows: A. Invitation to Bid issued. B. 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 C. Vendor selection will be based on the lowest, compliant, qualified bid unless specified otherwise in the Invitation to Bid. D. 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. E. 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. F. Acceptance of the bid does not guarantee issuance of any other governmental approvals. 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. 3.10. 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. Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 12 3.11. 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. 3.12. 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. 3.13. 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. 3.14. 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. 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 #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 13 4. SCOPE OF WORK 4.1. General Description of Specifications The City is seeking Bids from qualified and licensed State of Florida Appraiser's to provide all permits, insurance, manpower, material and supervision for the requesting proposals for appraisal and review appraisal services in a project funded by the City of Edgewater, Community Development Block Grant (CDBG) Disaster Recovery (CDBG-DR) Rebuild Florida Infrastructure Grant through the Florida Department of Economic Opportunity (Subgrant IR004), and a Hazard Mitigation Grant Program (HMGP) grant through Florida Division of Emergency Management (FDEM). . The successful bidder will hereinafter be referred to as the “Contractor”. The Engineer's Estimate is $5,000. This project is funded by the City of Edgewater, Community Development Block Grant (CDBG) Disaster Recovery (CDBG-DR) Rebuild Florida Infrastructure Grant through the Florida Department of Economic Opportunity (Subgrant IR004), and a Hazard Mitigation Grant Program (HMGP) grant through Florida Division of Emergency Management (FDEM). Proposers must meet all CDBG requirements. 4.2. Eligibility All work shall be in conformance to the requirements of the HMGP and CDBG-DR grants. Proposers must meet all CDBG/FDEO requirements. Additionally, the proposed acquisitions, accompanying appraisals and review appraisals must adhere to the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and (42 U.S.C. 4201-4655) and implementing regulations at 49 CFR part 24. 4.3. SCOPE OF WORK HART AVENUE APPRAISALS AND REVIEW APPRAISALS Part A-1: The City is requesting proposals outlined in the Request for Proposals for licensed Florida Real Estate Appraisers to conduct an appraisal of fair market value for acquisition of the entire land and improvements located at 405 Hart Avenue, Edgewater, Florida 32132 – Parcel: 745209040020. Part A-2: - The City is requesting proposals outlined in the Request for Proposals for licensed Florida Real Estate Appraisers to conduct an appraisal of fair market value for acquisition of 1) Temporary Construction Easements not to exceed 24 months, and 2) Permanent Drainage and Utility Easements for the following properties: 1. Drainage and Utility Easement for a portion (see attached map and spreadsheet) of vacant land located at 205 Hart Avenue, Edgewater Florida 32132 - Parcel: 745201000312. 2. Drainage and Utility Easement for a portion (see attached map and spreadsheet) of vacant land located at 206 South Ridgewood Avenue, Edgewater Florida 32132 – Parcel: 745201000310. 3. Drainage and Utility Easement for a portion (see attached map and spreadsheet) of land located at 209 Hart Avenue, Edgewater Florida 32132 – Parcel: 745201000311. 4. Drainage and Utility Easement for a portion (see attached map and spreadsheet) of vacant land located at 316 South Ridgewood Avenue, Edgewater Florida 32132 – Parcel: 745209020010. Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 14 5. Drainage and Utility Easement for a portion (see attached map and spreadsheet) of land located at 325 Hart Avenue, Edgewater Florida 32132 – Parcel: 745209030070. 6. Drainage and Utility Easement for a portion (see attached map and spreadsheet) of land located at 125 West Ocean Avenue, Edgewater Florida 32132 – Parcel: 743310004150. 7. Drainage and Utility Easement for a portion (see attached map and spreadsheet) of land located at 120 West Ocean Avenue, Edgewater Florida 32132 – Parcel: 743310004330. 8. Drainage and Utility Easement for a portion (see attached map and spreadsheet) of land located at 126 West Ocean Avenue, Edgewater Florida 32132 – Parcel: 743310004310. 9. Drainage and Utility Easement for a portion (see attached map and spreadsheet) of land located at 123 West Connecticut Avenue, Edgewater Florida 32132 – Parcel: 743310004560. 10. Drainage and Utility Easement for a portion (see attached map and spreadsheet) of land located at 700 South Ridgewood Avenue, Edgewater Florida 32132 – Parcel: 743300000020. Each appraisal shall be submitted to the City as they are completed, and all appraisals must be completed and submitted to the City of Edgewater no later than 30 days following the execution of a contract between the City and the firm awarded to conduct the appraisals. The City will review the appraisals and will deliver the same to the firm awarded to conduct the review the methodology and approach of the completed appraisals. Following the completion of the review appraisals by a separate firm, the appraisal firm shall work with the review appraiser to reach mutually agreed upon appraised values for any appraisals they disagree on. Part B-1: The City is requesting proposals outlined in the Request for Proposals for licensed Florida Real Estate Appraisers to conduct reviews and to provide reports of concurrence or non-concurrence of the appraisals (conducted by the separate firm) for the above referenced: Full appraisal of parcel: 745209040020, and appraisals of ten (10) Temporary Construction Easements not to exceed 24 months, and ten (10) Permanent Drainage and Utility Easements. Each review appraisal shall be submitted to the City as they are completed, and all review appraisals must be completed and submitted to the City of Edgewater no later than 30 days following the review appraiser’s receipt of each completed appraisal(s) from the City. Following the completion of the review appraisals, the review appraisal firm shall work with the initial appraiser to reach mutually agreed upon appraised values for any appraisals they disagree on. 4.4. Multiple Awards The City intends to award 2 separate firms (one for the Preliminary Appraisal and one for the Review Appraisal) based on the lowest responsible/responsive bid. Should the same firm be the lowest apparent bidder for both sections, the second lowest bidder will be awarded the Review Appraisal portion of this project Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 15 5. TERMS AND CONDITIONS 5.1. Project Timeline The Contractor awarded the Primary Appraisal contract agrees to commence work within Thirty (30) days after the date of the Notice to Proceed letter and all Preliminary appraisals must be completed and submitted to the City of Edgewater no later than Thirty (30) days consecutive calendar days thereafter. All review appraisals must be completed and submitted to the City of Edgewater no later than 30 days following the review appraiser’s receipt of each completed appraisal(s) from the City. 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 #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 16 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 one-hundred eighty (180) days 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 his 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 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. Protest Procedures can be found via this link: Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 17 https://www.cityofedgewater.org/finance/page/purchasing-policies 5.14. 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. 5.15. Immigration Reform and Control Act 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”). 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 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. 5.16. 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. 5.17. 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, 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). 5.18. 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 of any of its branches. The purpose of this disclosure is to give the City the information needed to identify potential conflicts of Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 18 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. 5.19. 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. 5.20. 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 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. 5.21. 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 Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 19 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. 5.22. 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. 5.23. 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. 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. Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 20 5.24. 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. 5.25. 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 or 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. 5.26. Public Act 2016-20 Public Records Requirements All material submitted regarding this RFP becomes the property of the City. RFP 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 RFP 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. 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 Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 21 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 5.27. 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 in the return of invoices. 5.28. 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. Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 22 5.29. 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. 5.30. 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. 5.31. 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. 5.32. 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. 5.33. 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. 5.34. 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 5.35. 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 Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 23 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. 5.36. 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). 5.37. Prices IF PRICES ARE HIGHER THAN SPECIFIED, DO NOT SHIP WITHOUT THE PURCHASING AGENTS PRIOR WRITTEN APPROVAL. 5.38. 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 #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 24 6. INSURANCE REQUIREMENTS 6.1. Insurance Requirements INSURANCE TYPE REQUIRED LIMITS A. Worker's Compensation Statutory Limits of Florida Statutes, Chapter440 and all Federal Government Statutory Limits and Requirements. B. 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. C. 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. D. Automobile Liability $ 500,000 Each Occurrence Owned/Non owned/Hired Automobile Included E. Other Insurance as indicated below: Errors and Omissions or Professional $ 1,000,000 Per Occurrence Malpractice Coverage F. 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. G. The City of Edgewater must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. H. The City of Edgewater shall be named as the Certificate Holder. NOTE The "Certificate Holder" should read as follows: City of Edgewater Edgewater, Florida Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 25 No City Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. I. Thirty (30) Days Cancellation Notice required. J. The Certificate must state the following: ITB 22-ES-04 and Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements. Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 26 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 • Required Forms are outlined in the Vendor Questionnaire Section of this solicitation. Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 27 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 OpenGov/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: A. Number of accounts for which the account executive is responsible. B. How the City’s account would compare in size and scope to other clients of the agent/broker. C. 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 #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 28 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 #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 29 9. TOTAL PRICING FORM Bid prices must include all freight charges and delivery charges for any and all material delivered FOB Destination to the worksite. ALL AMOUNTS INCLUDE SALARY COST, FRINGE BENEFITS, OVERHEAD, OPERATING MARGIN AND PROFIT, AND ALL DIRECT AND INDIRECT EXPENSES. PRIME APPRAISAL Line Item Description Quantity Unit of Measure Unit Cost Total PROPERTY APPRAISALS OF ONE FULL PROPERTY AND 10 EASEMENTS A.01 Full Property (Land and Improvements) // Parcel: 745209040020 // Address: 405 Hart Avenue, Edgewater, Florida 32132 1 LS A.02 Temporary Construction and Permanent Utility Easements // Parcel: 745201000312 // Address: 205 Hart Avenue, Edgewater Florida 32132 1 LS A.03 Temporary Construction and Permanent Utility Easements // Parcel: 745201000310 // Address: 206 South Ridgewood Avenue, Edgewater Florida 32132 1 LS A.04 Temporary Construction and Permanent Utility Easements // Parcel: 745201000311 // Address: 209 Hart Avenue, Edgewater Florida 32132 1 LS A.05 Temporary Construction and Permanent Utility Easements // Parcel: 745209020010 // Address: 316 South Ridgewood Avenue, Edgewater Florida 32132 1 LS A.06 Temporary Construction and Permanent Utility Easements // Parcel: 745209030070 // Address: 325 Hart Avenue, Edgewater Florida 32132 1 LS Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 30 Line Item Description Quantity Unit of Measure Unit Cost Total A.07 Temporary Construction and Permanent Utility Easements // Parcel: 743310004150 // Address: 125 West Ocean Avenue, Edgewater Florida 32132 1 LS A.08 Temporary Construction and Permanent Utility Easements // Parcel: 743310004330 // Address: 120 West Ocean Avenue, Edgewater Florida 32132 1 LS A.09 Temporary Construction and Permanent Utility Easements // Parcel: 743310004310 // Address: 126 West Ocean Avenue, Edgewater Florida 32132 1 LS A.10 Temporary Construction and Permanent Utility Easements // Parcel: 743310004560 // Address: 123 West Connecticut Avenue, Edgewater Florida 32132 1 LS A.11 Temporary Construction and Permanent Utility Easements // Parcel: 743300000020 // Address: 700 South Ridgewood Avenue, Edgewater Florida 32132 1 LS TOTAL REVIEW APPRAISAL Line Item Description Quantity Unit of Measure Unit Cost Total REVIEW APPRAISALS FOR ONE FULL PROPERTY AND 10 EASEMENTS B.01 Full Property (Land and Improvements) // Parcel: 745209040020 // Address: 405 Hart Avenue, Edgewater, Florida 32132 1 LS Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 31 Line Item Description Quantity Unit of Measure Unit Cost Total B.02 Temporary Construction and Permanent Utility Easements // Parcel: 745201000312 // Address: 205 Hart Avenue, Edgewater Florida 32132 1 LS B.03 Temporary Construction and Permanent Utility Easements // Parcel: 745201000310 // Address: 206 South Ridgewood Avenue, Edgewater Florida 32132 1 LS B.04 Temporary Construction and Permanent Utility Easements // Parcel: 745201000311 // Address: 209 Hart Avenue, Edgewater Florida 32132 1 LS B.05 Temporary Construction and Permanent Utility Easements // Parcel: 745209020010 // Address: 316 South Ridgewood Avenue, Edgewater Florida 32132 1 LS B.06 Temporary Construction and Permanent Utility Easements // Parcel: 745209030070 // Address: 325 Hart Avenue, Edgewater Florida 32132 1 LS B.07 Temporary Construction and Permanent Utility Easements // Parcel: 743310004150 // Address: 125 West Ocean Avenue, Edgewater Florida 32132 1 LS B.08 Temporary Construction and Permanent Utility Easements // Parcel: 743310004330 // Address: 120 West Ocean Avenue, Edgewater Florida 32132 1 LS B.09 Temporary Construction and Permanent Utility Easements // Parcel: 743310004310 // Address: 126 West Ocean Avenue, Edgewater Florida 32132 1 LS Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 32 Line Item Description Quantity Unit of Measure Unit Cost Total B.10 Temporary Construction and Permanent Utility Easements // Parcel: 743310004560 // Address: 123 West Connecticut Avenue, Edgewater Florida 32132 1 LS B.11 Temporary Construction and Permanent Utility Easements // Parcel: 743300000020 // Address: 700 South Ridgewood Avenue, Edgewater Florida 32132 1 LS TOTAL Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 33 10. VENDOR QUESTIONNAIRE Please upload ONLY PDF files within this section. The City of Edgewater will not be responsible for any other types of files (WORD, EXCEL, etc..) that may not convert correctly to pdfs. Required documents are provided as downloadable PDF files for your use. Alternate PDF files may be accepted. 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 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements. ☐ Please confirm *Response required 10.2. Terms and Conditions of Contract* The bidder acknowledges that by submitting a response to this solicitation, they are bound 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. By submitting a response to this solicitation, the Proposer acknowledges that they have read and understood all specifications, terms and conditions outlined in this ITB In addition they proposer confirms that all required documents listed in this solicitation have been signed in spaces indicated and uploaded within the ProcureNow platform. ☐ Please confirm *Response required 10.3. W9 Please download the below documents, complete, and upload. • W9_-_2018_(1).pdf Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 34 10.4. 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 10.5. Standard Professional Services Agreement* Please download the below documents, complete, SIGN and upload. PLEASE LEAVE THE DATE IN THE FIRST PARAGRAPH BLANK. IT WILL BE FILLED IN WHEN THE CONTRACT IS FULLY EXECUTED. • PROFESSIONAL_SERVICES_AGREE... *Response required 10.6. Declaration Statement/Document Notification Affidavit* Please download the below documents, complete, and upload. • DECLARATION_STATEMENT.pdf *Response required 10.7. Reference Form* Please download the below documents, complete, and upload. • References.2.pdf *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* Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 35 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. *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. Current Projects* Please list current projects on which your firm is the candidate for award. *Response required 10.8.7. State of Litigation* Are there any judgments, claims or suits pending or outstanding by or against you? ☐ Yes ☐ No *Response required 10.8.8. Additional Details* 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 10.8.9. 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 Invitation to Bid #ITB 22-ES-04 Title: Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements 36 10.8.10. Financial Information* Please provide the following information here: Bank(s) Maintaining Account(s) Surety/Underwriter (if required) *Response required 10.8.11. Vendor Info and Agreement form* Please download the below documents, complete, and upload. • Vendor_Info_and_Agreement_f... *Response required 10.8.12. 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 City of Edgewater, Florida Purchasing Division Pat Drosten, Purchasing Specialist 104 North Riverside Drive, Edgewater, FL 32132 PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements RESPONSE DEADLINE: March 30, 2022 at 2:00 pm Report Generated: Wednesday, March 30, 2022 Pomeroy Appraisal Proposal CONTACT INFORMATION Company: Pomeroy Appraisal Email: mickey@paafl.com Contact: RONALD CROUSE Address: 600 N Ridgewood Ave Edgewater, FL 32132 Phone: (386) 690-8175 Website: paafl.com Submission Date: Mar 29, 2022 11:48 AM PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements PROPOSAL DOCUMENT REPORT Invitation to Bid - Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Ma in Improvements Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Mar 21, 2022 1:29 PM by RONALD CROUSE QUESTIONNAIRE 1. Familiarity with Project* By submitting a response to this solicitation, the Bidder hereby certifies that he/she has familiarized himself/h erself with the extent of the work, and having examined carefully the scope of services herein, propose to furnish all labor, materials, and services w ithout exception, for the Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and W ater Main Improvements. Confirmed 2. Terms and Conditions of Contract* The bidder acknowledges that by submitting a response to this solicitation, they are bound 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 t he 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. By submitting a response to this solicitation, the Proposer acknowledges that they have read and understood all specifications, terms and conditions outlined in this ITB In addition they proposer confirms that all required documents listed in this solicitation have been signed in spaces indicated and uploaded within the ProcureNow platform. PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements PROPOSAL DOCUMENT REPORT Invitation to Bid - Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Ma in Improvements Page 3 Confirmed 3. W9 Please download the below documents, complete, and upload. • W9_-_2018_(1).pdf 2018_w9.pdf 4. 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. Confirmed 5. Standard Professional Services Agreement* Please download the below documents, complete, SIGN and upload. PLEASE LEAVE THE DATE IN THE FIRST PARAGRAPH BLANK. IT WILL BE FILLED IN WHEN THE CONTRACT IS FULLY EXECUTED. • PROFESSIONAL_SERVICES_AGREE... PROFESSIONAL_SERVICES_AGREEMENT.pdf 6. Declaration Statement/Document Notification Affidavit* Please download the below documents, complete, and upload. • DECLARATION_STATEMENT.pdf Declaration_statement_.pdf 7. Reference Form* Please download the below documents, complete, and upload. PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements PROPOSAL DOCUMENT REPORT Invitation to Bid - Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Ma in Improvements Page 4 • References.2.pdf References.2.pdfReferences.2(1).pdf2.pdf 8. Vendor Information/Bidders Qualifications TYPE OF FIRM* Please select the type of firm for your organization. Corporation 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. Florida OTHER* If you selected other, please list the type of firm. If you did not select other, please type N/A. N/A AUTHORIZATION* By submitting a response to this solicitation, the Bidder certifies that the firm is authorized to do business in the state o f Florida. Confirmed YEARS IN BUSINESS* Please provide the number of years you have been in business under this firm. 40 PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements PROPOSAL DOCUMENT REPORT Invitation to Bid - Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Ma in Improvements Page 5 CURRENT PROJECTS* Please list current projects on which your firm is the candidate for award. No pending awards STATE OF LITIGATION* Are there any judgments, claims or suits pending or outstanding by or against you? No ADDITIONAL DETAILS* If you answered yes to Project Completion and/or State of Litigation, submit details here. List all lawsuits that have been f iled by or against your firm in the last five (5) years. Answered no 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. PAA # 219.029 - Booker Street PAA # 219.031 - Timaquan Trail PAA # 216.011 SR $$@ & I-95 PAA # 215.036 SR 442 FINANCIAL INFORMATION* Please provide the following information here: Bank(s) Maintaining Account(s) Surety/Underwriter (if required) PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements PROPOSAL DOCUMENT REPORT Invitation to Bid - Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Ma in Improvements Page 6 Truist Bank VENDOR INFO AND AGREEMENT FORM* Please download the below documents, complete, and upload. • Vendor_Info_and_Agreement_f... vender_info.pdf 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. Confirmed PRICE TABLES PRIME APPRAISAL Line Item Description Quantity Unit of Measure Unit Cost Total PROPERTY APPRAISALS OF ONE FULL PROPERTY AND 10 EASEMENTS A.01 Full Property (Land and Improvements) // Parcel: 745209040020 // Address: 405 Hart Avenue, Edgewater, Florida 32132 1 LS $1,600.00 $1,600.00 A.02 Temporary Construction and Permanent Utility Easements // Parcel: 745201000312 // Address: 205 Hart Avenue, Edgewater Florida 32132 1 LS $1,600.00 $1,600.00 PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements PROPOSAL DOCUMENT REPORT Invitation to Bid - Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Ma in Improvements Page 7 Line Item Description Quantity Unit of Measure Unit Cost Total A.03 Temporary Construction and Permanent Utility Easements // Parcel: 745201000310 // Address: 206 South Ridgewood Avenue, Edgewater Florida 32132 1 LS $1,600.00 $1,600.00 A.04 Temporary Construction and Permanent Utility Easements // Parcel: 745201000311 // Address: 209 Hart Avenue, Edgewater Florida 32132 1 LS $1,600.00 $1,600.00 A.05 Temporary Construction and Permanent Utility Easements // Parcel: 745209020010 // Address: 316 South Ridgewood Avenue, Edgewater Florida 32132 1 LS $2,900.00 $2,900.00 A.06 Temporary Construction and Permanent Utility Easements // Parcel: 745209030070 // Address: 325 Hart Avenue, Edgewater Florida 32132 1 LS $1,600.00 $1,600.00 A.07 Temporary Construction and Permanent Utility Easements // Parcel: 743310004150 // Address: 125 West Ocean Avenue, Edgewater Florida 32132 1 LS $1,600.00 $1,600.00 A.08 Temporary Construction and Permanent Utility Easements // Parcel: 743310004330 // Address: 120 West Ocean Avenue, Edgewater Florida 32132 1 LS $1,600.00 $1,600.00 A.09 Temporary Construction and Permanent Utility Easements // Parcel: 743310004310 // Address: 126 West Ocean Avenue, Edgewater Florida 32132 1 LS $1,600.00 $1,600.00 A.10 Temporary Construction and Permanent Utility Easements // Parcel: 743310004560 // Address: 123 West Connecticut Avenue, Edgewater Florida 32132 1 LS $1,600.00 $1,600.00 A.11 Temporary Construction and Permanent Utility Easements // Parcel: 743300000020 // Address: 700 South Ridgewood Avenue, Edgewater Florida 32132 1 LS $2,900.00 $2,900.00 TOTAL $20,200.00 REVIEW APPRAISAL PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements PROPOSAL DOCUMENT REPORT Invitation to Bid - Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Ma in Improvements Page 8 Line Item Description Quantity Unit of Measure Unit Cost Total REVIEW APPRAISALS FOR ONE FULL PROPERTY AND 10 EASEMENTS B.01 Full Property (Land and Improvements) // Parcel: 745209040020 // Address: 405 Hart Avenue, Edgewater, Florida 32132 1 LS $800.00 $800.00 B.02 Temporary Construction and Permanent Utility Easements // Parcel: 745201000312 // Address: 205 Hart Avenue, Edgewater Florida 32132 1 LS $800.00 $800.00 B.03 Temporary Construction and Permanent Utility Easements // Parcel: 745201000310 // Address: 206 South Ridgewood Avenue, Edgewater Florida 32132 1 LS $800.00 $800.00 B.04 Temporary Construction and Permanent Utility Easements // Parcel: 745201000311 // Address: 209 Hart Avenue, Edgewater Florida 32132 1 LS $800.00 $800.00 B.05 Temporary Construction and Permanent Utility Easements // Parcel: 745209020010 // Address: 316 South Ridgewood Avenue, Edgewater Florida 32132 1 LS $1,500.00 $1,500.00 B.06 Temporary Construction and Permanent Utility Easements // Parcel: 745209030070 // Address: 325 Hart Avenue, Edgewater Florida 32132 1 LS $800.00 $800.00 B.07 Temporary Construction and Permanent Utility Easements // Parcel: 743310004150 // Address: 125 West Ocean Avenue, Edgewater Florida 32132 1 LS $800.00 $800.00 B.08 Temporary Construction and Permanent Utility Easements // Parcel: 743310004330 // Address: 120 West Ocean Avenue, Edgewater Florida 32132 1 LS $800.00 $800.00 B.09 Temporary Construction and Permanent Utility Easements // Parcel: 743310004310 // Address: 126 West Ocean Avenue, Edgewater Florida 32132 1 LS $800.00 $800.00 B.10 Temporary Construction and Permanent Utility Easements // Parcel: 743310004560 // Address: 123 West Connecticut Avenue, Edgewater Florida 32132 1 LS $800.00 $800.00 PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements PROPOSAL DOCUMENT REPORT Invitation to Bid - Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Ma in Improvements Page 9 Line Item Description Quantity Unit of Measure Unit Cost Total B.11 Temporary Construction and Permanent Utility Easements // Parcel: 743300000020 // Address: 700 South Ridgewood Avenue, Edgewater Florida 32132 1 LS $1,500.00 $1,500.00 TOTAL $10,200.00 PROFESSIONAL SERVICES AGREEMENT PROPERTY APPRAISAL AND REVIEW APPRAISAL SERVICES FOR HART AVENUE DRAINAGE AND WATER MAIN IMPROVEMENTS Invitation to Bid (ITB) #22-ES-04 THIS AGREEMENT is made and entered into this ________ day of ____, 2022, by and between , duly authorized to conduct business in the State of Florida and whose address ___________________________________ is, hereinafter, called “CONSULTANT” 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”. SECTION 1. AGREEMENT. The terms of this Agreement, together with the incorporation of the terms and conditions of the Request for Proposals (RFP #21-HR-06), and any exhibits, schedules and attachments hereto, and any and all amendments relating to same, and any and all submittals from CONSULTANT, constitute the entire Agreement between CITY and CONSULTANT. This Agreement is the final, complete and exclusive expression of the terms and conditions of the parties’ Agreement. Any and all prior agreements, representations, negotiations, and understandings made by the parties, oral or written, expressed or implied, are hereby superseded and merged herein. SECTION 2. TERM OF AGREEMENT. The term of this contract shall begin on the date the 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. The contract shall be in effect until the City accepts the successful completion of the appraisals. SECTION 3. COMPENSATION. For Services rendered, the CITY shall pay the CONSULTANT a lump-sum fee, including or excluding reimbursable expenses as mutually agreed upon. Unless otherwise agreed in a Scope of Services, the CONSULTANT will invoice the City monthly based upon the CONSULTANT’s estimate of the portion of the total Services actually completed at the time of billing. SECTION 4. REIMBURSABLE EXPENSES. “Reimbursable Expenses” means the actual, necessary and reasonable expenses incurred directly or indirectly in connection with the Project for: transportation and subsistence incidental thereto for travel; toll telephone calls and facsimiles; reproduction of reports, drawings and specifications, and similar Project-related items; as provided in the City’s Purchasing Policy. – REIMBURSABLE EXPENSES ARE NOT APPLICABLE TO THIS AGREEMENT SECTION 5. 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 Consultant: Bonnie Zlotnik, City Clerk , (Name, Title) City of Edgewater . (Company) 104 N. Riverside Drive (Address) Edgewater, FL 32132 (City, State, Zip) (386)424-2400 #1101 (Phone) SECTION 6. RIGHTS AT LAW RETAINED. The rights and remedies of CITY, provided for under this Agreement, are in addition and supplemental to any other rights and remedies provided by law. SECTION 7. CONTROLLING LAW, VENUE, ATTORNEY’S FEES. This Agreement is to be governed, construed, and interpreted by, through and under the laws of Florida. Venue for any litigation between the parties to this Agreement 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 Agreement. SECTION 8. MODFICATIONS TO AGREEMENT. This Agreement 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. SECTION 9. SEVERABILITY. If, during the term of this Agreement, it is found that a specific clause or condition of this Agreement is illegal under federal or state law, the remainder of the Agreement not affected by such a ruling shall remain in force and effect. SECTION 10. WAIVER OF JURY TRIAL. THE CITY AND CONSULTANT HAVE SPECIFICALLY WAIVED THE RIGHT TO A JURY TRIAL CONCERNNG ANY DISPUTES WHICH MAY ARISE CONCERNING THIS AGREEMENT. SECTION 11. NON-WAIVER. No indulgence, waiver, election or non-election by CITY under this Agreement shall affect CONSULTANT’s duties and obligations hereunder. 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 _____________________________ __________________________________ Bonnie Zlotnik, City Clerk Dated: ___________________________ WITNESSES: FIRMS ______________________________ ______________________________ By: ________________________________ , ______________________________ Dated:______________________________ Attachments: A. ITB #22-ES-04 B. Firm Response to ITB C. Scope of Service Approved by the City Council of the City of Edgewater at a meeting held on this _____ day of ______________, 2022 under Agenda Item No. ________. REFERENCE FORM RESPONDENTS NAME: Please provide a minimum of three (3) contact references, or the number specified in the solictation document. The references must be present or past clients within the past 5 years, preferably within governmental municipalities with requirements similar to those included in this solicitation. Agency Name Address Contact Person Phone No. Email Address Project Title Services Provided Dates of Service Agency Name Address Contact Person Phone No. Email Address Project Title Services Provided Dates of Service Agency Name Address Contact Person Phone No. Email Address Project Title Services Provided Dates of Service Use additional pages if needed. REFERENCE FORM RESPONDENTS NAME: Please provide a minimum of three (3) contact references, or the number specified in the solictation document. The references must be present or past clients within the past 5 years, preferably within governmental municipalities with requirements similar to those included in this solicitation. Agency Name Address Contact Person Phone No. Email Address Project Title Services Provided Dates of Service Agency Name Address Contact Person Phone No. Email Address Project Title Services Provided Dates of Service Agency Name Address Contact Person Phone No. Email Address Project Title Services Provided Dates of Service Use additional pages if needed. PROFESSIONAL SERVICES AGREEMENT PROPERTY APPRAISAL AND REVIEW APPRAISAL SERVICES FOR HART AVENUE DRAINAGE AND WATER MAIN IMPROVEMENTS Invitation to Bid (ITB) #22-ES-04 THIS AGREEMENT is made and entered into this ________ day of ____, 2022, by and between , duly authorized to conduct business in the State of Florida and whose address ___________________________________ is, hereinafter, called “CONSULTANT” 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”. SECTION 1. AGREEMENT. The terms of this Agreement, together with the incorporation of the terms and conditions of the Request for Proposals (RFP #21-HR-06), and any exhibits, schedules and attachments hereto, and any and all amendments relating to same, and any and all submittals from CONSULTANT, constitute the entire Agreement between CITY and CONSULTANT. This Agreement is the final, complete and exclusive expression of the terms and conditions of the parties’ Agreement. Any and all prior agreements, representations, negotiations, and understandings made by the parties, oral or written, expressed or implied, are hereby superseded and merged herein. SECTION 2. TERM OF AGREEMENT. The term of this contract shall begin on the date the 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. The contract shall be in effect until the City accepts the successful completion of the appraisals. SECTION 3. COMPENSATION. For Services rendered, the CITY shall pay the CONSULTANT a lump-sum fee, including or excluding reimbursable expenses as mutually agreed upon. Unless otherwise agreed in a Scope of Services, the CONSULTANT will invoice the City monthly based upon the CONSULTANT’s estimate of the portion of the total Services actually completed at the time of billing. SECTION 4. REIMBURSABLE EXPENSES. “Reimbursable Expenses” means the actual, necessary and reasonable expenses incurred directly or indirectly in connection with the Project for: transportation and subsistence incidental thereto for travel; toll telephone calls and facsimiles; reproduction of reports, drawings and specifications, and similar Project-related items; as provided in the City’s Purchasing Policy. – REIMBURSABLE EXPENSES ARE NOT APPLICABLE TO THIS AGREEMENT SECTION 5. 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: Kroll,LLC 1700 Pacific Ave,Suite 1600,Dallas,TX 75202 For City: For Consultant: Bonnie Zlotnik, City Clerk , (Name, Title) City of Edgewater . (Company) 104 N. Riverside Drive (Address) Edgewater, FL 32132 (City, State, Zip) (386)424-2400 #1101 (Phone) SECTION 6. RIGHTS AT LAW RETAINED. The rights and remedies of CITY, provided for under this Agreement, are in addition and supplemental to any other rights and remedies provided by law. SECTION 7. CONTROLLING LAW, VENUE, ATTORNEY’S FEES. This Agreement is to be governed, construed, and interpreted by, through and under the laws of Florida. Venue for any litigation between the parties to this Agreement 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 Agreement. SECTION 8. MODFICATIONS TO AGREEMENT. This Agreement 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. SECTION 9. SEVERABILITY. If, during the term of this Agreement, it is found that a specific clause or condition of this Agreement is illegal under federal or state law, the remainder of the Agreement not affected by such a ruling shall remain in force and effect. SECTION 10. WAIVER OF JURY TRIAL. THE CITY AND CONSULTANT HAVE SPECIFICALLY WAIVED THE RIGHT TO A JURY TRIAL CONCERNNG ANY DISPUTES WHICH MAY ARISE CONCERNING THIS AGREEMENT. SECTION 11. NON-WAIVER. No indulgence, waiver, election or non-election by CITY under this Agreement shall affect CONSULTANT’s duties and obligations hereunder. Brent Pitts,MAI Director Kroll,LLC 1700 Pacific Ave,Suite 1600 Dallas,TX 75201 817 614 4989 City of Edgewater, Florida City Clerk Bonnie Brown, City Clerk 104 North Riverside Drive, Edgewater, FL 32132 PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements RESPONSE DEADLINE: March 30, 2022 at 2:00 pm Report Generated: Friday, April 1, 2022 Kroll, LLC Proposal CONTACT INFORMATION Company: Kroll, LLC Email: brent.pitts@kroll.com Contact: Brent Pitts Address: 1700 Pacific Ave Suite 1600 Dallas, TX 75201 Phone: N/A Website: www.kroll.com Submission Date: Mar 29, 2022 4:03 PM PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements PROPOSAL DOCUMENT REPORT Invitation to Bid - Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Mar 28, 2022 3:15 PM by Brent Pitts QUESTIONNAIRE 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 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements. Confirmed 2. Terms and Conditions of Contract* The bidder acknowledges that by submitting a response to this solicitation, they are bound 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. By submitting a response to this solicitation, the Proposer acknowledges that they have read and understood all specifications, terms and conditions outlined in this ITB In addition they proposer confirms that all required documents listed in this solicitation have been signed in spaces indicated and uploaded within the ProcureNow platform. PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements PROPOSAL DOCUMENT REPORT Invitation to Bid - Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements Page 3 Confirmed 3. W9 Please download the below documents, complete, and upload. W9_-_2018_(1).pdf W9_Kroll_LLC_2022_.pdf 4. 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. Confirmed 5. Standard Professional Services Agreement* Please download the below documents, complete, SIGN and upload. PLEASE LEAVE THE DATE IN THE FIRST PARAGRAPH BLANK. IT WILL BE FILLED IN WHEN THE CONTRACT IS FULLY EXECUTED. PROFESSIONAL_SERVICES_AGREE... Professional_Services_Agreement_-_Kroll.pdf 6. Declaration Statement/Document Notification Affidavit* Please download the below documents, complete, and upload. DECLARATION_STATEMENT.pdf Kroll_Declaration_Statement.pdf 7. Reference Form* Please download the below documents, complete, and upload. PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements PROPOSAL DOCUMENT REPORT Invitation to Bid - Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements Page 4 References.2.pdf Kroll_References.pdf 8. Vendor Information/Bidders Qualifications TYPE OF FIRM* Please select the type of firm for your organization. Corporation 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. New York OTHER* If you selected other, please list the type of firm. If you did not select other, please type N/A. N/A AUTHORIZATION* By submitting a response to this solicitation, the Bidder certifies that the firm is authorized to do business in the state of Florida. Confirmed YEARS IN BUSINESS* Please provide the number of years you have been in business under this firm. 90 years (previously known as Duff & Phelps, brand change effective this year) PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements PROPOSAL DOCUMENT REPORT Invitation to Bid - Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements Page 5 CURRENT PROJECTS* Please list current projects on which your firm is the candidate for award. City of Addison - Keller Springs Rd / Airport Parkway - Addison, TX (Lockwood Andrews Newnam Subcontractor) - 15 parcels North Carolina DOT - Partial Acquisitions - Mooresville, NC - 2 parcels State of Utah Department of Wildlife Services - HVTL Easements Across 9 wildlife reserves - Central Utah - 9 parcels Texas DOT - IH 45, Segment B - Huntsville, TX - 13 parcels STATE OF LITIGATION* Are there any judgments, claims or suits pending or outstanding by or against you? No ADDITIONAL DETAILS* 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. None which would have a material impact on our ability to provide the requested services. We have numerous employees throughout the country and the potential work outlined in Section 8.6 would not impede our provision of the services requested by this solicitation. Additionally, there are no lawsuits noted that would have a material impact on our ability to provide the requested services. 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. None in City of Edgewater FINANCIAL INFORMATION* PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements PROPOSAL DOCUMENT REPORT Invitation to Bid - Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements Page 6 Please provide the following information here: Bank(s) Maintaining Account(s) Surety/Underwriter (if required) Bank of America VENDOR INFO AND AGREEMENT FORM* Please download the below documents, complete, and upload. Vendor_Info_and_Agreement_f... Vendor_Information_&_Agreement_Form_-_Kroll_LLC.pdf 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. Confirmed PRICE TABLES PRIME APPRAISAL Line Item Description Quantity Unit of Measure Unit Cost Total PROPERTY APPRAISALS OF ONE FULL PROPERTY AND 10 EASEMENTS PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements PROPOSAL DOCUMENT REPORT Invitation to Bid - Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements Page 7 Line Item Description Quantity Unit of Measure Unit Cost Total A.01 Full Property (Land and Improvements) // Parcel: 745209040020 // Address: 405 Hart Avenue, Edgewater, Florida 32132 1 LS $3,500.00 $3,500.00 A.02 Temporary Construction and Permanent Utility Easements // Parcel: 745201000312 Address: 205 Hart Avenue, Edgewater Florida 32132 1 LS $2,500.00 $2,500.00 A.03 Temporary Construction and Permanent Utility Easements // Parcel: 745201000310 Address: 206 South Ridgewood Avenue, Edgewater Florida 32132 1 LS $2,500.00 $2,500.00 A.04 Temporary Construction and Permanent Utility Easements // Parcel: 745201000311 Address: 209 Hart Avenue, Edgewater Florida 32132 1 LS $2,500.00 $2,500.00 A.05 Temporary Construction and Permanent Utility Easements // Parcel: 745209020010 Address: 316 South Ridgewood Avenue, Edgewater Florida 32132 1 LS $6,000.00 $6,000.00 A.06 Temporary Construction and Permanent Utility Easements // Parcel: 745209030070 Address: 325 Hart Avenue, Edgewater Florida 32132 1 LS $2,500.00 $2,500.00 A.07 Temporary Construction and Permanent Utility Easements // Parcel: 743310004150 Address: 125 West Ocean Avenue, Edgewater Florida 32132 1 LS $2,500.00 $2,500.00 A.08 Temporary Construction and Permanent Utility Easements // Parcel: 743310004330 Address: 120 West Ocean Avenue, Edgewater Florida 32132 1 LS $2,500.00 $2,500.00 A.09 Temporary Construction and Permanent Utility Easements // Parcel: 743310004310 Address: 126 West Ocean Avenue, Edgewater Florida 32132 1 LS $2,500.00 $2,500.00 A.10 Temporary Construction and Permanent Utility Easements // Parcel: 743310004560 Address: 123 West Connecticut Avenue, Edgewater Florida 32132 1 LS $2,500.00 $2,500.00 A.11 Temporary Construction and Permanent Utility Easements // Parcel: 743300000020 Address: 700 South Ridgewood Avenue, Edgewater Florida 32132 1 LS $5,000.00 $5,000.00 PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements PROPOSAL DOCUMENT REPORT Invitation to Bid - Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements Page 8 Line Item Description Quantity Unit of Measure Unit Cost Total TOTAL $34,500.00 REVIEW APPRAISAL Line Item Description Quantity Unit of Measure Unit Cost Total REVIEW APPRAISALS FOR ONE FULL PROPERTY AND 10 EASEMENTS B.01 Full Property (Land and Improvements) // Parcel: 745209040020 // Address: 405 Hart Avenue, Edgewater, Florida 32132 1 LS $1,500.00 $1,500.00 B.02 Temporary Construction and Permanent Utility Easements // Parcel: 745201000312 Address: 205 Hart Avenue, Edgewater Florida 32132 1 LS $1,000.00 $1,000.00 B.03 Temporary Construction and Permanent Utility Easements // Parcel: 745201000310 Address: 206 South Ridgewood Avenue, Edgewater Florida 32132 1 LS $1,000.00 $1,000.00 B.04 Temporary Construction and Permanent Utility Easements // Parcel: 745201000311 Address: 209 Hart Avenue, Edgewater Florida 32132 1 LS $1,000.00 $1,000.00 B.05 Temporary Construction and Permanent Utility Easements // Parcel: 745209020010 Address: 316 South Ridgewood Avenue, Edgewater Florida 32132 1 LS $2,000.00 $2,000.00 B.06 Temporary Construction and Permanent Utility Easements // Parcel: 745209030070 Address: 325 Hart Avenue, Edgewater Florida 32132 1 LS $1,000.00 $1,000.00 B.07 Temporary Construction and Permanent Utility Easements // Parcel: 743310004150 Address: 125 West Ocean Avenue, Edgewater Florida 32132 1 LS $1,000.00 $1,000.00 PROPOSAL DOCUMENT REPORT ITB No. ITB 22-ES-04 Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements PROPOSAL DOCUMENT REPORT Invitation to Bid - Property Appraisal and Review Appraisal Services for Hart Avenue Drainage and Water Main Improvements Page 9 Line Item Description Quantity Unit of Measure Unit Cost Total B.08 Temporary Construction and Permanent Utility Easements // Parcel: 743310004330 Address: 120 West Ocean Avenue, Edgewater Florida 32132 1 LS $1,000.00 $1,000.00 B.09 Temporary Construction and Permanent Utility Easements // Parcel: 743310004310 Address: 126 West Ocean Avenue, Edgewater Florida 32132 1 LS $1,000.00 $1,000.00 B.10 Temporary Construction and Permanent Utility Easements // Parcel: 743310004560 Address: 123 West Connecticut Avenue, Edgewater Florida 32132 1 LS $1,000.00 $1,000.00 B.11 Temporary Construction and Permanent Utility Easements // Parcel: 743300000020 Address: 700 South Ridgewood Avenue, Edgewater Florida 32132 1 LS $2,000.00 $2,000.00 TOTAL $13,500.00 PROFESSIONAL SERVICES AGREEMENT PROPERTY APPRAISAL AND REVIEW APPRAISAL SERVICES FOR HART AVENUE DRAINAGE AND WATER MAIN IMPROVEMENTS Invitation to Bid (ITB) #22-ES-04 THIS AGREEMENT is made and entered into this ________ day of ____, 2022, by and between , duly authorized to conduct business in the State of Florida and whose address ___________________________________ is, hereinafter, called “CONSULTANT” 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”. SECTION 1. AGREEMENT. The terms of this Agreement, together with the incorporation of the terms and conditions of the Request for Proposals (RFP #21-HR-06), and any exhibits, schedules and attachments hereto, and any and all amendments relating to same, and any and all submittals from CONSULTANT, constitute the entire Agreement between CITY and CONSULTANT. This Agreement is the final, complete and exclusive expression of the terms and conditions of the parties’ Agreement. Any and all prior agreements, representations, negotiations, and understandings made by the parties, oral or written, expressed or implied, are hereby superseded and merged herein. SECTION 2. TERM OF AGREEMENT. The term of this contract shall begin on the date the 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. The contract shall be in effect until the City accepts the successful completion of the appraisals. SECTION 3. COMPENSATION. For Services rendered, the CITY shall pay the CONSULTANT a lump-sum fee, including or excluding reimbursable expenses as mutually agreed upon. Unless otherwise agreed in a Scope of Services, the CONSULTANT will invoice the City monthly based upon the CONSULTANT’s estimate of the portion of the total Services actually completed at the time of billing. SECTION 4. REIMBURSABLE EXPENSES. “Reimbursable Expenses” means the actual, necessary and reasonable expenses incurred directly or indirectly in connection with the Project for: transportation and subsistence incidental thereto for travel; toll telephone calls and facsimiles; reproduction of reports, drawings and specifications, and similar Project-related items; as provided in the City’s Purchasing Policy. – REIMBURSABLE EXPENSES ARE NOT APPLICABLE TO THIS AGREEMENT SECTION 5. 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: Kroll,LLC 1700 Pacific Ave,Suite 1600,Dallas,TX 75202 For City: For Consultant: Bonnie Zlotnik, City Clerk , (Name, Title) City of Edgewater . (Company) 104 N. Riverside Drive (Address) Edgewater, FL 32132 (City, State, Zip) 386)424-2400 #1101 (Phone) SECTION 6. RIGHTS AT LAW RETAINED. The rights and remedies of CITY, provided for under this Agreement, are in addition and supplemental to any other rights and remedies provided by law. SECTION 7. CONTROLLING LAW, VENUE, ATTORNEY’S FEES. This Agreement is to be governed, construed, and interpreted by, through and under the laws of Florida. Venue for any litigation between the parties to this Agreement 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 Agreement. SECTION 8. MODFICATIONS TO AGREEMENT. This Agreement 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. SECTION 9. SEVERABILITY. If, during the term of this Agreement, it is found that a specific clause or condition of this Agreement is illegal under federal or state law, the remainder of the Agreement not affected by such a ruling shall remain in force and effect. SECTION 10. WAIVER OF JURY TRIAL. THE CITY AND CONSULTANT HAVE SPECIFICALLY WAIVED THE RIGHT TO A JURY TRIAL CONCERNNG ANY DISPUTES WHICH MAY ARISE CONCERNING THIS AGREEMENT. SECTION 11. NON-WAIVER. No indulgence, waiver, election or non-election by CITY under this Agreement shall affect CONSULTANT’s duties and obligations hereunder. Brent Pitts,MAI Director Kroll,LLC 1700 Pacific Ave,Suite 1600 Dallas,TX 75201 817 614 4989 REFERENCE FORM RESPONDENTS NAME: Please provide a minimum of three (3) contact references, or the number specified in the solictation document. The references must be present or past clients within the past 5 years, preferably within governmental municipalities with requirements similar to those included in this solicitation. Agency Name Address Contact Person Phone No. Email Address Project Title Services Provided Dates of Service Agency Name Address Contact Person Phone No. Email Address Project Title Services Provided Dates of Service Agency Name Address Contact Person Phone No. Email Address Project Title Services Provided Dates of Service Use additional pages if needed. Kroll,LLC -Brent Pitts,Director City of Fort Pierce 100 N US Highway 1,Fort Pierce,FL 34950 Audria Moore-Wells 772-467-3184 amoorewells@cityoffortpierce.com Oaks at Moore's Creek Appraisal Services March 2022 City of Fort Worth (TX) 900 Monroe St,Suite 400,Fort Worth,TX 76102 Deanna Wright 817-392-6349 deanna.wright@fortworthtexas.gov Numerous Appraisal Services 2013 -present City of Denton (TX) 601 E Hickory St,Denton,TX 76205 Laura Morales 940-349-8931 laura.morales@cityofdenton.com Citywide Sidewalk Easements Appraisal Services 2019-2020 The City of Edgewater Finance Department 104 Riverside Drive Edgewater, FL 32132 VENDOR INFORMATION The following information along with a current W9 form (https://www.irs.gov/pub/irs-pdf/fw9.pdf) must be provided to the Finance Director for all new vendors and when current vendors remit information changes: Name of Individual or Business: Contact Person and Title: Vendor Email address: Vendor Street Address: Vendor City, State, ZIP: Vendor Mailing Address (if different than above): Vendor Phone Number: Vendor Fax Number: Taxpayer Identification Number (include a copy of your W9 form): Remit to Information (if different from above): Payment Remit to Name: Payment Remit to address: Payment Remit to City, State and Zip Code: Payment Remit to Email address: Payment Options: Check Direct Deposit/ACH Bank Name and Address: Account Number: ABA/ Routing: Kroll,LLC Brent Pitts,Director brent.pitts@kroll.com 1700 Pacific Ave,Suite 1600 Dallas,TX 75202 817 614 4989 N/A 82-3616841 Kroll,LLC -Valuation Services 12595 Collection Center Dr Chicago,IL 60693 brent.pitts@kroll.com Bank of America,PO Box 27025,Richmond,VA 23261 122000030 FOR CITY USE ONLY: Date Request Received By Date Request Processed By Date Request Approved By Certification Under penalties of perjury, I certify that the above information is complete and accurate. If direct deposit was the method selected, I hereby authorize The City of Edgewater to automatically deposit payment for invoices into our account at the financial institution listed. I also authorize withdrawal transaction from the account, limited to the amount of the original deposit, in the event of an overpayment or erroneous deposit. This authorization will remain in effect until The City of Edgewater has received, in writing, our cancellation notification. I will notify the City in writing of any account changes or closure, in such a manner as to afford the City ample time to act upon it. I understand that failure to do so may result in deposit failure Authorized Signature Name (printed) Title Phone Number Date Please sign acknowledgment and authorization on page 7 of this form as well. Digitally signed by: Brent.Pitts DN: CN = Brent.Pitts email = Brent.Pitts@duffandphelps.com Date: 2022.03.28 15:35:44 -05'00' Brent Pitts Director 817 614 4989 03/28/2022 CITY OF EDGEWATER PURCHASING GENERAL TERMS AND CONDITIONS THE CITY OBJECTS IN ADVANCE TO THE INCLUSION OF ANY ADDITIONAL TERMS AND CONDITIONS PROPOSED BY THE VENDOR IN ITS ACCEPTANCE OR ACKNOWLEDGEMENT OF ANY ORDER. THE INCLUSION OF TERMS AND CONDITIONS, OR REFERENCE THERETO, BY THE VENDOR SHALL BE OF NO SIGNIFICANCE, SHALL NOT BE BINDING ON THE CITY, AND THE CITY’S ACCEPTANCE OF THE VENDOR’S GOODS OR SERVICES SHALL NOT BE DEEMED AS ACCEPTANCE OF SUCH TERMS AND CONDITIONS. THE TERMS AND CONDITIONS CONTAINED IN A SUPPLEMENTAL DOCUMENT, AS DEFINED HEREINAFTER, TO THE PURCHASE ORDER SHALL ONLY CONTROL IF AND WHEN A SUPPLEMENTAL DOCUMENT TO THE PURCHASE ORDER IS SIGNED BY THE CITY MANAGER OR MAYOR. THE TERMS AND CONDITIONS CONTAINED IN A SUPPLEMENTAL DOCUMENT FULLY EXECUTED BY THE CITY MANAGER OR MAYOR ARE INCORPORATED HEREIN BY THIS REFERENCE. IN THE EVENT THAT A VENDOR CONTRACTS WITH THE CITY VIA A SUPPLEMENTAL DOCUMENT AND THERE IS A CONFLICT BETWEEN THE GENERAL TERMS AND CONDITIONS SET FORTH HEREIN AND THE SUPPLEMENTAL DOCUMENT, THE TERMS AND CONDITIONS OF THE SUPPLEMENTAL DOCUMENT SHALL CONTROL. SUPPLEMENTAL DOCUMENT SHALL BE DEFINED AS TO INCLUDE INVITATION TO BID, PROPOSAL, QUOTE, AND CONTRACT. UNLESS OTHERWISE STATED ON THE FACE OF A PURCHASE ORDER, THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY: 1.PURCHASE ORDER NUMBER. THE PURCHASE ORDER NUMBER AND THE SELLERS NAME MUST BE CLEARLY SHOWN ON ALL INVOICES, PACKING SLIPS, DELIVERY RECEIPTS AND CORRESPONDENCE. FAILURE TO CLEARLY INDICATE THE PURCHASE ORDER NUMBER MAY RESULT IN THE RETURN OF THE INVOICES. 2.ACCEPTANCE. THE PURCHASE ORDER (“ PO") ISSUED BY THE CITY OF EDGEWATER (“ THE CITY") AND MADE APART HEREOF BY REFERENCE, BECOMES A BINDING CONTRACT, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, UPON CONFIRMATION OF THE PO BY THE VENDOR; OR BY THE COMMENCEMENT OF THE WORK SET FORTH IN THE PO; OR BY ACCEPTANCE OF PAYMENT FOR THE WORK SET FORTH IN THE PO. ANY CHANGE, ADDITION OR MODIFICATION TO THE TERMS SET FORTH ON THE FACE OF THE PO MUST BE AGREED TO IN WRITING BY THE CITY. 3.ASSIGNMENT. NEITHER THE PO NOR ANY INTEREST UNDER SUCH PO MAY BE ASSIGNED BY VENDOR WITHOUT THE PRIOR WRITTEN CONSENT OFCITY. 4.CHANGES. CITY SHALL HAVE THE RIGHT AT ANY TIME TO MAKE CHANGES IN DRAWINGS, DESIGNS, SPECIFICATIONS, MATERIALS, PACKAGING, TIME AND PLACE OF DELIVERY AND METHOD OF TRANSPORTATION. IF ANY SUCH CHANGES CAUSE AN INCREASE OR DECREASE IN THE COSTS OR THE TIME REQUIRED FOR VENDOR'S REQUIRED PERFORMANCE, AN EQUITABLE ADJUSTMENT WILL BE MADE AND THE PO WILL BE MODIFIED, IN WRITING, ACCORDINGLY. 5.COMPLIANCE WITH LAWS. VENDOR WARRANTS THAT ALL GOODS AND SERVICES APPLICABLE UNDER THE PO WILL HAVE BEEN PRODUCED, SOLD, DELIVERED AND FURNISHED IN STRICT COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. VENDOR SHALL EXECUTE AND DELIVER SUCH DOCUMENTS AS MAY BE REQUIRED TO EFFECT OR TO EVIDENCE COMPLIANCE. ALL LAWS AND REGULATIONS REQUIRED IN AGREEMENTS OF THIS CHARACTER ARE INCORPORATED BY THIS REFERENCE. 6.DELIVERY, TITLE & RISK OF LOSS/FREIGHT: 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 FRIEGHT; ALL FREIGHT CHARGES SHALL BE FULLY PREPAID AND INCLUDED ON THE INVOICE. THE ORIGINAL BILL MUST BE INCLUDED WITH THE INVOICE. VENDOR SHALL ENSURE THAT SHIPPER COMPLIES WITH THE SHIPPING TERMS AND INSTRUCTIONS STATED ON THE FACE OF THE PO. FAILURE TO ACCURATELY FOLLOW THE SHIPPING TERMS AND INSTRUCTIONS AS STATED MAY RESULT IN ONE OF THE FOLLOWING: (I) A CHARGEBACK FOR ANY FREIGHT COST INCREASE; OR (II) A CHARGEBACK FOR THE FULL COST OF THE FREIGHT. 7.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 8.INSPECTION. ALL GOODS AND/OR SERVICES, PURCHASED ARE SUBJECT TO CITY’S INSPECTION, TEST AND APPROVAL AT DESTINATION, WHETHER OR NOT PRIOR PAYMENTS HAVE BEEN MADE OR INSPECTIONS HAVE BEEN PERFORMED BY THE CITY. ALL GOODS AND/OR SERVICES NOT IN ACCORDANCE WITH SPECIFICATIONS MAY BE REJECTED AND HELD SUBJECT TO SHIPPERS’ ORDERS. SHIPPER MUST PAY ALL EXPENSES, INCLUDING FREIGHT BOTH WAYS, ON REJECTED GOODS. IF GOODS AND/OR SERVICES PROVIDED HEREUNDER ARE REJECTED, IN WHOLE OR IN PART BY THE CITY BY REASON OF THE VENDOR’S FAILURE TO COMPLY WITH ANY OF THE TERMS, CONDITIONS AND/OR SPECIFICATIONS CONTAINED HEREIN AND ON THE FACE OF THE PO, CITY, AFTER NOTIFYING VENDOR IN WRITING MAY (I) RETURN THE REJECTED PORTION OF SUCH GOODS AND/OR SERVICES TO THE VENDOR AT VENDOR’S EXPENSE OR HOLD THE SAME FOR SUCH DISPOSAL AS VENDOR SHALL INDICATE, WITHOUT INVALIDATING THE REMAINDER OF THE PO; (II) MAY REJECT THE ENTIRE SHIPMENT OF GOODS AND CANCEL THE PO FOR ANY UNDELIVERD GOODS; OR (III) TO CAUSE VENDOR TO PAY CITY PROMPLTY FOR EXPENSES INCURRED IN REMEDYING THE DEFECTION OR NONCONFORMING GOODS AND/OR SERVICES (INCLUDING WITH LIMITATION, THE PURCHASE OF SUBSTITUTE (OR FUNCTIONALLY EQUIVALENT) GOODS AND/OR SERVICES), OR TO CAUSE VENDOR, AT VENDOR’S EXPENSE, TO EXPEDITIOUSLY REPLACE, UPGRADE, OR REPAIR ANY DEFECTIVE OR REJECTED GOODS. IF THE OPTION SET FORTH IN (I) IS EXERCISED, CITY MAY, AT ITS DESCRETIONS, REDUCE THE QUANTITY SPECIFIED IN THE PO BY THE NUMBER OF GOODS AND/OR SERVICES RETURNED OR REJECTED. 9.PRICES: IF PRICES ARE HIGHER THAN SPECIFIED, DO NOT SHIP WITHOUT THE PURCHASING AGENTS PRIOR WRITTEN APPROVAL. 10.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 11.INDEMNIFICATION. THE CITY RESERVES THE RIGHT TO ADD IN A SUPPLEMENTAL DOCUMENT, AS PREVIOUSLY DEFINED TO INCLUDE INVITATION TO BID, PROPOSAL, QUOTE, AND CONTRACT, THE FOLLOWING CLAUSE OR SUBSTANTIALLY SIMILAR LANGUAGE: VENDOR COVENANTS AND AGREES THAT IT WILL INDEMNIFY AND HOLD HARMLESS THE CITY AND ALL OF THE CITY'S OFFICERS, AGENTS, AND EMPLOYEES FROM ANY CLAIM, LOSS, DAMAGE, COSTS, CHARGE OR EXPENSE ARISING OUT OF ANY ACT, ACTION, NEGLECT OR OMISSION BY VENDOR DURING THE PERFORMANCE OF THE CONTRACT, WHETHER DIRECT, OR INDIRECT, AND WHETHER TO ANY PERSON OR PROPERTY TO WHICH THE CITY OR SAID PARTIES MAY BE SUBJECT, EXCEPT THAT NEITHER THE VENDOR NOR ANY OF ITS SUB-CONTRACTORS WILL BE LIABLE UNDER THIS SECTION FOR DAMAGES ARISING OUT OF INJURY OR DAMAGE TO PERSONS OR PROPERTY DIRECTLY CAUSED BY OR RESULTING FROM THE SOLE NEGLIGENCE OF CITY OR ANY OF ITS OFFICERS, AGENTS OR EMPLOYEES. 12.INTELLECTUAL PROPERTY INDEMNIFICATION. VENDOR WARRANTS THAT THERE HAS BEEN NO VIOLATION OR INFRINGEMENT OF ANY COPYRIGHT, TRADE NAME, TRADEMARK, PATENT OR RELATED INTELLECTUAL PROPERTY RIGHT, AS A RESULT OF MANUFACTURING, PRODUCING OR SELLING THE GOODS. VENDOR FURTHER AGREES TO DEFEND AND INDEMNIFY CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL CLAIMS, EXPENSES AND LIABILITIES ARISING FROM ANY ACTUAL OR ALLEGED INTELLECTUAL PROPERTY VIOLATION OR INFRINGEMENT. 13.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 14.INSURANCE. THE DEPARTMENT HEAD HAS THE RIGHT TO WAIVE CERTAIN INSURANCE REQUIREMENTS AND SHALL PROVIDE THE WAIVER WITH THE REQUEST FOR PURCHASE ORDER. IF INSURANCE IS REQUIRED, THE FOLLOWING TERMS SHALL APPLY: VENDOR SHALL MAINTAIN ALL INSURANCE AS REQUIRED BY THE CITY. VENDOR SHALL PROVIDE TO THE CITY A CERTIFICATE OF INSURANCE EVIDENCING COVERAGE AND IDENTIFYING THE CITY AS AN ADDITIONAL INSURED. FAILURE OF THE VENDOR TO PROVIDE A CERTIFICATE OF INSURANCE SHALL NOT RELIEVE THE VENDOR FROM ITS RESPONSIBILITY TO MAINTAIN THE INSURANCE COVERAGE REQUIRED BY THE CITY. THE CERTIFICATES SHALL CLEARLY INDICATE THAT THE VENDOR HAS OBTAINED INSURANCE OF THE TYPE, AMOUNT AND CLASSIFICATION REQUIRED BY THECITY. POLICIES OTHER THAN WORKERS’ COMPENSATION SHALL BE ISSUED BY INSURERS LICENSED AND/OR DULY AUTHORIZED UNDER FLORIDA LAW TO DO BUSINESS IN THE STATE OF FLORIDA AND ALL INSURING COMPANIES ARE REQUIRED TO HAVE A MINIMUM RATING OF “ A” IN THE “ BEST KEY RATING GUIDE” PUBLISHED BY A.M. BEST & COMPANY, INC. FOR WORKER’S COMPENSATION COVERAGE, THE VENDOR’S INSURANCE CERTIFICATE SHALL INCLUDE THE INSURER’S WAIVER OF SUBROGATION IN LIEU OF NAMING THE CITY AS AN ADDITIONAL INSURED FOR WORKERS’ COMPENSATION. POLICIES FOR WORKERS’ COMPENSATION MAY BE ISSUED BY COMPANIES AUTHORIZED AS A GROUP SELF-INSURER BY F.S. 440.572. VENDOR SHALL NOT COMMENCE WORK UNTIL THE CITY HAS RECEIVED A CERTIFICATE OR CERTIFICATES OF INSURANCE AND ENDORSEMENTS EVIDENCING THE REQUIRED INSURANCE. VENDOR SHALL BE SOLELY RESPONSIBLE TO PROVIDE THE CITY THE WRITTEN ORIGINAL CERTIFICATE, NOTICE OF CANCELLATION, NONRENEWAL OR ANY OTHER CHANGES IN COVERAGE NO LATER THAN TEN (10) DAYS PRIOR TO THE EFFECTIVE DATE OF THE CHANGE. IF INSURANCE POLICIES REQUIRED ARE NOT PROVIDED TO THE CITY WITHIN THIRTY (30) DAYS OF THE DATE REQUESTED, THIS VENDOR APPLICATION AND AGREEMENT MAY BE TERMINATED. 15.E-VERIFY REQUIREMENT: THE CONTRACTOR AND ITS SUBCONTRACTORS PREFORMING WORK AND PROVIDING SERVICES UNDER A RESULTING AGREEMENT WILL UTILIZE THE US DEPARTMENT OF HOMELAND SECURITY'S E-VERIFY SYSTEM TO VERIFY THE EMPLOYMENT ELIGIBILITY OF ALL NEW EMPLOYEES HIRED BY THE CONTRACTOR/SUBCONTRACTOR DURING THE AGREEMENT TERM. ALL COST INCURRED TO INITIATE AND SUSTAIN THE AFOREMENTIONED PROGRAMS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. FAILURE TO MEET THIS REQUIREMENT MAY RESULT IN TERMINATION OF THE AGREEMENT BY THE CITY." 16.INVOICING. VENDOR AGREES TO SUBMIT AN INVOICE WITH EACH SHIPMENT SHOWING THE PO NUMBER. ALL INVOICES SHOULD BE ISSUED TO THE CITY C/O ACCOUNTS PAYABLE. THE DISCOUNT PERIOD OF ANY CASH DISCOUNTS AVAILABLE TO THE CITY WILL COMMENCE ON THE DATE OF THE INVOICE. WHEN FREIGHT IS PREPAID BY VENDOR, VENDOR MUST SHOW FREIGHT CHARGES SEPARATELY; BEFORE ADDING FREIGHT CHARGES, AND SUBMIT A COPY OF THE FREIGHT BILL WITH THE INVOICE. NO ALLOWANCE WILL BE MADE FOR BOXES, REELS, DRUMS OR OTHER RETURNABLE CONTAINERS UNLESS SO STATED ON THE FACE OF THE PO AND INVOICEDSEPARATELY 17.JURISDICTION AND VENUE. FOR ANY SUIT OR PROCEEDING TO ENFORCE THE PROVISIONS OF THE PO, VENDOR IRREVOCABLY CONSENTS TO THE JURISDICTION OF THE COURTS OF THE STATE OF FLORIDA. FURTHERMORE, VENDOR AGREES THAT THE PO WILL BE INTERPRETED, CONSTRUED AND ENFORCED IN ALL RESPECTS IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT GIVING EFFECT TO ITS PRINCIPLES OF CONFLICTS OF LAW. 18.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 19.OVERSHIPMENT. QUANTITIES IN EXCESS OF THAT SHOWN ON THE FACE OF THE PO, IF REJECTED, WILL BE RETURNED TO VENDOR AT VENDOR'S RISK AND EXPENSE. ANY EXCESS QUANTITIES THAT CITY ACCEPTS WILL BE BILLED AT THE PO PRICE. 20.TERMINATION. CITY RESERVES THE RIGHT TO CANCEL ALL OR ANY PART OF THE PO WITHOUT PENALTY. 21.TIME. TIME IS OF THE ESSENCE OF THE PO. THE CITY RESERVES THE RIGHT TO CANCEL THE PO (OR ANY PORTION) WITHOUT PENALTY IN THE EVENT THAT DELIVERIES ARE NOT MADE WITHIN THE SPECIFIED TIME, WITHOUT LIABILITY FOR DELIVERIES PREVIOUSLY MADE AND ACCEPTED BY CITY. 22.TITLE. UNLESS THE FACE OF THE PO PROVIDES FOR THE CITY’S ASSUMPTION OF OWNERSHIP AT THE POINT OF SHIPMENT, TITLE TO THE GOODS PURCHASED UNDER THE PO REMAINS WITH THE VENDOR UNTIL SUCH GOODS ARE OFF¬ LOADED AT THE CITY FACILITY OR SITE SPECIFIED ON THE FACE OF THE PO; PROVIDED, HOWEVER, THAT IN ALL CASES, VENDOR SHALL BEAR ALL RISKS OF LOSS OR DAMAGE IN TRANSIT UNTIL SUCH GOODS ARE DELIVERED TO CITY'S FACILITY OR SITE AND ACCEPTED BY CITY OR IT’S DESIGNEE. 23.WARRANTY. VENDOR EXPRESSLY WARRANTS THAT ALL GOODS, SERVICES, WORKMANSHIP, AND TITLE FURNISHED AND/OR DELIVERED PURSUANT TO THE PO AND THE TERMS AND CONDITIONS STATED HEREIN WILL BE FREE FROM DEFECTS IN MATERIAL, WORKMANSHIP AND TITLE. FURTHER VENDOR WARRANTS ALL GOODS AND/OR SERVICES WILL CONFORM IN ALL RESPECTS TO ALL APPLICABLE SPECIFICATIONS, DRAWINGS, AND SHALL BE FIT FOR ITS INTENDED USE AND SERVICE. ALL GOODS AND/OR SERVICES SHALL BE NEW AND NOT SECONDHAND, OF GOOD QUALITY AND FREE FROM DEFECTS WHETHER LATENT OR PATENT IN MATERIAL OR WORKMANSHIP; ALL MATERIAL AND WORKMANSHIP IS WARRANTED FOR A MINIMUM OF ONE (1) YEAR FROM DATE OF ACCEPTANCE BY CITY UNLESS OTHERWISE STIPULATED HEREIN. UPON NOTIFICATION BY CITY, VENDOR SHALL CORRECT ANY DEFECT EITHER BY REPAIR OR REPLACEMENT OF THE DEFECTIVE GOODS SUBJECT TO THE APPROVAL OF THE CITY, AT VENDOR'S EXPENSE, PROVIDED THAT CITY'S CONTINUED USE OF SAID DEFECTIVE GOODS PENDING REPAIR OR REPLACEMENT SHALL NOT CONSTITUTE A WAIVER BY CITY UNDER THE PO. FURTHER WARRANTS THAT ALL GOODS AND/OR SERVICES COVERED BY THE PO MEET OR EXCEED THE SAFETY STANDARDS ESTABLISHED AND PROMULGATED UNDER THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH LAW (PUBLIC LAW 91-956) AND ITS REGULATIONS IN EFFECT AS OF THE DATE OF THE PO. THESE WARRANTIES SHALL SURVIVE ACCEPTANCE OF AND PAYMENT FOR THE GOODS AND/OR SERVICES FURNISHED. 24.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. 25.PAYMENT. VENDOR AGREES THAT PAYMENT WILL BE MADE SUBJECT TO “LOCAL GOVERNMENT PROMPT PAYMENT ACT”, SECTIONS 218.70-218.74, FLORIDA STATUTES, AND IN ACCORDANCE WITH THE CITY'S POLICIES AND PROCEDURES, INCLUDING BUT NOT LIMITED TO THE REQUIREMENT THAT VENDOR SHALL BE REQUIRED TO MAINTAIN A CURRENT VENDOR APPLICATION ON FILE WITH THE CITY. PRIOR TO RELEASE OF PAYMENT, VENDOR SHALL BE REQUIRED TO MAKE CURRENT THE VENDOR APPLICATION ON FILE WITH THE CITY. FOR PURPOSES SET FORTH HEREIN, A “ CURRENT VENDOR APPLICATION” SHALL INCLUDE THE FOLLOWING: 1) AN UPDATED, COMPLETED, AND EXECUTED CURRENT VENDOR APPLICATION; 2) PROOF OF CURRENT AND UPDATED INSURANCE, IF REQUIRED; 3) UPDATED AND COMPLETED W-9, AND 4) ANY OTHER DOCUMENTATION THAT MAY BE REQUIRED BY THE CITY OR OTHERWISE REQUIRED BYLAW. 26.PUBLIC RECORDS COMPLIANCE. VENDOR SHALL ALSO BE DEFINED AS TO INCLUDE THE TERM SET FORTH IN CHAPTER 119.0701(L)(A), FLORIDA STATUTES. VENDOR SHALL COMPLY WITH PUBLIC RECORDS LAWS AS SET FORTH IN CHAPTER 119, FLORIDA STATUTES, AND SHALL SPECIFICALLY: A.KEEP AND MAINTAIN PUBLIC RECORDS REQUIRED BY THE CITY TO PERFORM THE SERVICE. B.UPON REQUEST FROM THE CITY’S CUSTODIAN OF PUBLIC RECORDS, PROVIDE THE CITY WITH A COPY OF THE REQUESTE 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 OFTHE CONTRACT TERM AND FOLLOWING COMPLETION OF THE CONTRACT IF THE VENDOR DOES NOT TRANSFER THE RECORDS TO THE CITY. D. UPON COMPLETION OF THE CONTRACT, VENDOR SHALL TRANSFER TO THE CITY, AT NO COST, ALL PUBLIC RECORDS IN POSSESSION OF THE VENDOR AND DESTROY ANY DUPLICATE PUBLIC RECORDS THAT ARE EXEMPT FROM PUBLIC RECORDS DISCLOSURE REQUIREMENTS. ALL RECORDS STORED ELECTRONICALLY MUST BE PROVIDED TO THE CITY, UPON REQUEST FROM THE CITY’SCUSTODIAN OF PUBLIC RECORDS, IN A FORMAT THAT ISCOMPATIBLE WITH THE INFORMATION TECHNOLOGY SYSTEMS OF THE CITY. E.COMPLY WITH THE CITY’S REQUEST FOR RECORDS WITHIN A REASONABLE TIME. FAILURE TO COMPLY WITH THE CITY’S REQUEST FOR RECORDS WITHIN A REASONABLE TIME MAY SUBJECT VENDOR TO PENALTIES SET FORTH IN CHAPTER 119.10, FLORIDA STATUTES. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE OFFICE OF THE CITY CLERK, CITY HALL, 104 N RIVERSIDE DRIVE, EDGEWATER, FLORIDA 32132 TELEPHONE: (386) 424-2400 E-MAIL: CITYCLERK@CITYOFEDGEWATER.ORG 27.SEVERABILITY. VENDOR UNDERSTANDS AND AGREES THAT IF ANY PROVISION, TERM, OR CONDITION STATED HEREIN OR ON THE FACE OF THE PO IS BY THE COURTS HELD TO BE ILLEGAL OR IN CONFLICT WITH ANY LAW OF THE STATE OF FLORIDA, THE VALIDITY OF THE REMAINING PROVISIONS SHALL NOT BE AFFECTED, AND THE RIGHTS AND OBLIGATIONS OF THE VENDOR AND THE CITY SHALL BE CONSTRUED AND ENFORCED AS IF THE PO AND THIS VENDOR APPLICATION AND AGREEMENT DID NOT CONTAIN THE PARTICULAR PROVISION, TERM OR CONDITION HELD TO BE INVALID. 28.COUNTERPARTS; FACSIMILE SIGNATURES. THIS VENDOR APPLICATION AND AGREEMENT MAY BE EXECUTED IN ONE OR MORE COUNTERPARTS, EACH OF WHICH SHALL BE DEEMED TO BE AN ORIGINAL BUT ALL OF WHICH TOGETHER SHALL CONSTITUTE ONE AND THE SAME INSTRUMENT. ANY PARTY MAY EFFECT THE EXECUTION AND DELIVERY OF THIS VENDOR APPLICATION AND AGREEMENT BY SIGNING THE SAME AND SENDING A COPY THEREOF TO THE CITY BY FACSIMILE, EMAIL OR OTHER ELECTRONIC MEAN AND SO EXECUTED, SHALL HAVE THE FULL FORCE AND EFFECT AS AN ORIGINAL. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY SIGNATURES FOLLOW ON NEXT PAGE] ACKNOWLEDGEMENT AND AUTHORIZATION Vendor acknowledges, authorizes, and agrees to the following: 1.The Vendor, as also defined to include principals and officers authorized to legally bind and obligate the Vendor for purposes set forth herein, does hereby certify under penalty of law that this Vendor Application and Agreement and all attachments provided are correct and were prepared under Vendor direction or supervision. Furthermore, Vendor is legally authorized to sign this Vendor Application and Agreement and by such execution does hereby approve and accept all of the terms and conditions contained herein. 2.The Vendor does hereby certify that Vendor has read and understands the Vendor Application and Agreement and Purchasing General Terms and Conditions contained herein. 3.The Vendor does hereby certify that no person (or concern) in connection with the Vendor, so far as is known, is disqualified from public contracting or purchasing from any agency of the federal government, State of Florida or City of Edgewater. Vendor further certifies that Vendor will notify the City of Edgewater should any person (or concern) in connection with the Vendor, so far as is known, becomes disqualified while Vendor contracts with the City of Edgewater. 4.Vendor acknowledges and agrees to be bound by the terms and conditions set forth in the Current Vendor Application form approved by the City Finance Director as of the date of issuance on the face of the PO and as otherwise referenced herein. Furthermore, it shall be the Vendor’s responsibility to maintain a current Vendor Application, as defined in this Vendor Application and Agreement, on file with the City. Vendor agrees that the City is not required to make payment until the current Vendor Application is filed. Name of Vendor: _______________________ Signature: _______________________ Printed Name: ______________________ Title: ______________________ Date: ______________________ Please return the completed Vendor Application and Agreement along with the required documentation (W9) to: City of Edgewater Attention Purchasing 104 N Riverside Drive Edgewater, FL 32132 Or email: purchasing@cityofedgewater.org For any questions, please call Purchasing at (386) 424.2400 ext 1306 Kroll,LLC Digitally signed by: Brent.Pitts DN: CN = Brent.Pitts email = Brent.Pitts@duffandphelps.com Date: 2022.03.28 15:33:51 -05'00' Brent Pitts Director 03/28/2022 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2022-0184,Version:2 COUNCIL AGENDA ITEM SUBJECT: Bus Bench Agreement - Waverly Media - Addendum #2 DEPARTMENT: Parks & Recreation SUMMARY: The City Council approved the Bus Bench Agreement with Waverly Media on June 4,2012 for placement of bus benches at bus stop locations,school bus stops and pedestrian convenience benches for public use. Waverly Media pays the City of Edgewater a fee per bench for the exclusive right to use a portion of the bus bench structure for advertising and provides the installation and maintenance of the benches. On January 9,2017,The City Council approved the first addendum to extend the contract for 5 years.This addendum before you today is the second and final addendum to the original contract.This addendum will extend the current contract 5 years; to expire June 3, 2027. Currently,Waverly Media provides the City an annual income of approximately $10,270 for the contract for approximately 64 bus bench locations.Additionally,Waverly Media has proposed an opportunity to advertise / promote City interests as free public service advertisements when benches become available.Waverly Media has also expressed enthusiasm to place additional benches to provide more convenience to residents as the City is growing. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: Motion to approve Addendum #2 to the Bus Bench Agreement with Waverly Media,thus extending the contract to June 3, 2027. City of Edgewater Printed on 4/19/2022Page 1 of 1 powered by Legistar™ THIS LICENSE AGREEMENT MADE THIS _____ DAY OF _____ IN THE YEAR __________ BETWEEN: THE CITY of EDGEWATER (Hereinafter called the "THE CITY”) - And - CREATIVE OUTDOOR ADVERTISING OF AMERICA INC. (Hereinafter called "COA") WHEREAS COA is engaged in providing Streetscaping transit Amenities and related appurtenances and selling advertising space thereon for the purpose of advertising goods and services; AND WHEREAS COA has asked The City of EDGEWATER for the privilege of placing such street amenities on untraveled portions of public highways within the jurisdiction of THE CITY of EDGEWATER. NOW THEREFORE IN CONSIDERATION OF the sum of $10.00 (Ten Dollars), receipt of which is hereby acknowledged, and in consideration of the mutual covenants hereinafter contained, the parties do hereby agree as follows: DEFINITIONS 1. For the purposes of this Agreement, 1.1. "Street Furniture" means the actual piece of functioning street furniture placed by COA within the City right of way such as the seating, recycling container, bus shelter, bike rack, trash can, or newspaper box organizer with integrated trash receptacles and/or recycling containers 1.2. "Amenities” means: Units installed by COA, with or without advertising faces, that are modular or individual, that incorporate, or are Seating units, recycling units, bus shelters, bike racks, trash cans, newspaper box organizers with integrated trash receptacles, recycling containers, (where agreed upon), advertising faces, a mounting pad for each Amenity, and; for maintenance purposes, an area of three feet surrounding all visible vertical sides of each piece of street furniture, except where the 3 feet surrounding encroaches upon a mounting pad or piece of street furniture provided or installed by a 3rd party. The parties agree that the style and design of the Amenities provided are to be approved by THE CITY MANAGER. 1.3. “CITY” and “CITY (s)” means The Incorporated entity known as THE CITY of EDGEWATER. 1.4. “CITY MANAGER” means THE EDGEWATER CITY MANAGER or his or her designate. TERM 1.5. The term of this Agreement shall be 10-years years commencing June 4th 2022 and ending June 3rd 2032 (the “Term”) unless terminated earlier pursuant to the terms of this Agreement. 1.6. The term length as set out in clause 1.6 will commence at COA’s receipt of the municipal authorizations required to install the Amenities pursuant to this Agreement. THE CITY will not count the wait period towards this Agreement term. 1.7. Providing that COA has met all of the contractual obligations hereinafter contained, COA will continue to provide it’s services as outlined in this agreement for successive one-year terms at the end of the original term of the contract. 1.8. THE CITY MANAGER agrees to provide COA with notice, in writing, of the intent NOT to extend this agreement under the same terms and conditions, at least one (1) year before the expiry of this agreement. If said notice is not provided in writing, COA will continue to operate its transit amenities program for the period contained within 1.7. 1.9. Thereafter, in the absence of (1) years notice, COA’s transit amenities program shall extend each 12 months, for an additional 12 months, until such time as notice is issued. INSTALLATIONS & MAINTENANCE 2. All benches installed by COA will be installed in accordance with sections 302.1, 303.1, 303.2, 303.3, 303.4, 305.2, 305.3 and 903.5 of the Americans with Disabilities ACT (ADA) and will meet the requirements of the Florida Department of Transportation statute 337.408(1) as it relates to bus benches . 3. COA agrees to install all Amenities on a mounting pad unless a suitable base exists. Where a mounting pad does not exist and is required, COA agrees to install, at COA’s sole expense, a mounting pad for every Amenity installed pursuant to this Agreement. COA shall be responsible for ensuring that all mounting pads provide for the safe movement of pedestrians to, from and around the Amenity. 3.1. COA is responsible for and owns the concrete pads. If, however THE CITY chooses to pour a pad, it owns such pad, and it shall be responsible for maintaining that pad. 3.2. Where COA has installed a pad and THE CITY requires construction to occur at the location a COA mounting pad has been installed, THE CITY will be responsible for replacing the mounting pad. This will be at the expense of THE CITY. 3.3. If THE CITY requires a concrete mounting pad larger than 55 square feet, THE CITY will be responsible for the cost of the additional concrete required. 4. COA agrees during the construction or installation of the Amenities to keep each location in a clean and orderly condition and remove all waste and unusable material from each location upon completion of the construction or installation of each Amenity or as required by THE CITY MANAGER. 5. COA shall be solely responsible for obtaining all authorizations and the like before any Amenity is installed and for any other work undertaken by COA pursuant to this Agreement. Any fees paid for such authorizations shall be deducted from revenue paid to THE CITY. 6. THE CITY agrees to permit COA to install amenities on untraveled portions of public highways within the jurisdiction of THE CITY OF EDGEWATER: 6.1. COA agrees to install Amenities at locations that are agreed upon by COA and approved by THE CITY Manager. 6.2. Amenities will be placed at locations within THE CITY as mutually determined by THE CITY Manager and COA. Both THE CITY Manager and COA may request sites anywhere in the THE CITY, but final approval of all sites rests with THE CITY Manager. 6.3. Amenities cannot be placed within the traffic sight triangle. 7. Amenities must not interfere with the pedestrian right of way. 8. COA shall maintain all Amenities as defined herein in good repair and is solely responsible for ensuring the provision of normal maintenance to those amenities as follows: 8.1. to keep the grass trimmed, 8.2. to keep the area free of debris, 8.3. to keep the Amenities clean and free of graffiti, and 8.4. to inspect amenities for damage during regular maintenance and make arrangements for timely repair. COA shall provide normal maintenance to the amenities once a month or as often as reasonably required, limited to a maximum of 1 visit per week. If an Amenity requires more than 2 visits per week, the contractor has the right to remove the Amenity or THE CITY and Contractor may reach a mutually agreeable alternative solution. 9. COA agrees to continuously maintain all Amenities and keep them free from damage and to protect the property of THE CITY from injury or loss. 10. THE CITY agree to enforce applicable ordinances with regards to the placement of larger than casual volumes of trash or leaving household trash bags on COA pads. 11. It is acknowledged by the parties that, in the selection of each location, consideration will be given to the convenience of the public. It is further acknowledged that the placement of the Amenities shall be in such a manner so as not to obscure signs, transit stops or interfere with the visibility or effectiveness of advertising on transit shelters. The placement of all Amenities must be approved by THE CITY MANAGER although COA has the right to refuse to install at any location. THE CITY will permit installations at up to a 30 degree angle provided the placement does not impede sidewalk traffic or otherwise create a danger to citizens. 12. COA shall comply with all requirements of THE CITY with respect to parking and street occupancy during all installations and maintenance of Amenities. 13. COA will not service the amenities during special events due to road closures and other unforeseeable reasons, THE CITY and / or The Event Organizers must supplement our collection with THE CITY’s own roadside activities. 14. Maintenance information going back as far as 12 months from the current date will be available to THE CITY via COA’s municipal website portal. Login credentials to the municipal portal website shall be provided to THE CITY by COA. EMERGENCY REPAIR - MAINTENANCE 15. THE CITY may provide written notice to COA when any Amenity requires regular maintenance or repair and COA, as soon as is reasonably possible, and not later than 48 hours after the giving of such notice, shall undertake the maintenance or repair required at COA’s sole expense. 16. THE CITY may provide written notice to COA when any Amenity requires emergency maintenance or repair if its condition is such that, in THE CITY MANAGER’s sole opinion, the condition renders a serious danger to the public. In such an event, COA as soon as possible and not later than 24 hours after the giving of such notice, repair and make safe the Amenity at COA’s sole expense and to the satisfaction of THE CITY MANAGER. REMOVAL AND RELOCATION 17. COA acknowledges and agrees that THE CITY shall have the right to order the removal or relocation of any Amenity installed within the jurisdiction of THE CITY . COA agrees to remove or relocate any such Amenity within 48 hours of THE CITY giving notice to COA. COA shall restore the site from which the Amenity was removed to the condition the site was in immediately prior to the installation of the Amenity and to the satisfaction of the Transit Manager. Such removal, relocation and restoration shall be at no expense to THE CITY and all such costs associated therewith shall be borne and paid by COA. Where COA fails to remove or relocate such Amenity within 48 hours or where COA fails to restore the site as required, THE CITY may arrange for such removal, relocation and restoration and COA shall be solely responsible for paying THE CITY all costs incurred by THE CITY for such work. 18. COA shall have the right to move and relocate the Amenity and relocate it to a location mutually agreed upon by both parties, if it is subjected to vandalism or otherwise incurs excessive damage. If either THE CITY or COA determines that any location presents a safety hazard, the parties shall promptly agree upon a new location for that amenity and COA shall relocate the amenity within two (2) business days. 18.1. If COA determines the orginal location lacks sufficient advertising interest, COA reserves the right to remove the amenity. THE CITY has the option to purchase the amenity from COA to keep the existing amenity in place. Should the amenity be sponsored at a later date, COA will share an annual revenue payment with THE CITY. TRANSIT SHELTER PROXIMITY 19. COA may provide Amenities at sites where advertising transit shelters exist providing that the terms are adhered to by COA and that THE CITY MANAGER has approved such sites under the same approval criteria as all other sites. 19.1. THE CITY MANAGER will approve/decline any site requested by COA within 30 days of receiving such request. In the event that THE CITY MANAGER has not responded to requests within 30 days, COA shall have the right to commence installations without penalty provided that THE CITY has not requested an extension. Such requests/communications shall be delivered to the intended parties as per Clause 34. OTHER ADVERTISING PRODUCTS 20. THE CITY MANAGER will not allow the placement of any other advertising products within the jurisdiction of THE CITY but generally understood to be a transit stop, which interferes with the visibility or effectiveness of COA products. 20.1. THE CITY MANAGER will not allow the placement of any other advertising products or amenities that serve a similar purpose to those provided under this agreement (as defined “Amenities”). These include, but are not limited to recycling containers or newspaper receptacles with third party advertising within the jurisdiction of THE CITY (generally understood to be transit stops). REVENUE, ACCOUNTING & AUDIT 21. COA shall pay to THE CITY : For the duration of this agreement, Year $ Per Bench Per Year Number of Benches Revenue to be paid to Edgewater Per Year 1 170 60 $10,200.00 2 170 60 $10,200.00 3 170 60 $10,200.00 4 170 60 $10,200.00 5 170 60 $10,200.00 6 170 60 $10,200.00 7 170 60 $10,200.00 8 170 60 $10,200.00 9 170 60 $10,200.00 10 170 60 $10,200.00 * This example is based on revenue payment on 60 benches. COA will pay the city $170 per bench per year spread out over 12 monthly payments. The monthly payment will be based on a how many physical benches are installed. If there are more or less than 60 benches the payments will be based on the number of installed benches. The more benches installed the more the revenue payments will be increased to the City of Edgewater. * 21.1. $156.00 per bench for year for the term of the contract. 22. COA shall pay installments (1/12) to THE CITY for each installed Advertising Amenity at the rate set out in Clause 21 each and every month commencing on the first month of this Agreement. This payment will be due within 90 days following the completion of the month the payment relates to. 23. By April 30 of each year, COA shall, if so requested by THE CITY , provide THE CITY with financial statements satisfactory to THE CITY MANAGER showing the revenues received or receivable for all Advertising Amenities for the previous calendar year. 24. THE CITY or anyone designated by THE CITY in writing shall have the right at all reasonable times to audit and inspect accounts, records, receipts, vouchers and other documents relating to the Advertising revenues associated with amenities installed under this agreement and shall have the right to make copies thereof and take extracts there from. COA shall make available all facilities reasonably necessary for such audits or inspections. All associated audit costs shall be borne by THE CITY . EXCLUSIVITY 25. COA shall have the exclusive right to supply advertising on the Advertising Amenities described under this Agreement during the Term provided the Agreement is in good standing. REGULATION OF ADVERTISING COPY/STANDARDS 26. COA covenants and agrees that all sponsorship panels must be aesthetically pleasing and fit into the environments in which they are placed. Sponsorship panel copy and design must not contain any material, language, representation or image which discriminates on any prohibited grounds of discrimination as set out in the Human Rights Code, and all advertising copy and design must comply with Advertising Standards Codes and Guidelines including but not limited to the American Code of Advertising Standards and with all laws. Advertisements shall not: 26.1. contain inaccurate or deceptive claims or statements; 26.2. present products prohibited from Sale to minors in such a way as to appeal particularly to persons under legal age; 26.3. present demeaning or derogatory portrayals of individuals or groups; 26.4. take a stand on controversial societal issues; 26.5. exploit violence or sexuality; 26.6. promote tobacco products; 26.7. interfere with the operation of equipment of the provision of programs and services; and 26.8. violate or conflict with any existing THE CITY policies or any new policies which may be adopted. 27. COA shall remove any advertising that is deemed by THE CITY MANAGER in his or her sole discretion not to comply with the provisions herein or is otherwise objectionable within 24 hours of THE CITY giving COA notice, failing which THE CITY may remove such a panel at the sole expense of COA. PROVISION OF PROMOTION AMENITIES & TERMS 28. COA agrees to make accessible to THE CITY (upon 30 days written notice), 10% of the unsold, available amenities of THE CITY under this Agreement during any month for use by THE CITY (or their agencies) free of charge for public service messages or advertising for municipal purposes. THE CITY will be responsible for the cost of designing, producing and supplying such public service messages or municipal advertising to COA. COA will be responsible for installation and removal of the advertising at COA’s sole expense. COA will install THE CITY messaging on the 15th of the month following the date of receipt of a final copy of THE CITY messaging. COA will install all CITY promotional messaging as a part of its regular posting procedures. Signs will be installed and removed ONLY on the 15th of each month following the date of receipt of a finished copy of CITY messaging. OWNERSHIP 29. COA shall provide Amenities (where space requirements permit), and retain the full ownership. COA shall be solely responsible for the maintenance and repair of the Amenities provided. 30. It is agreed that Amenities provided under this Agreement will remain the property of COA and on the termination of this Agreement shall be removed by COA or otherwise disposed of, unless otherwise agreed to by the parties in writing, and COA shall restore the sites to the condition they were in immediately prior to the installation of the Amenities, all at COA’s sole expense. TERMINATION FOR JUST-CAUSE/REMEDY 31. If COA neglects or fails to carry out or to comply with any of the terms, covenants, undertakings or conditions of this Agreement, THE CITY MANAGER may, after having given written notice to COA of such default and which default was not corrected to the satisfaction of THE CITY MANAGER within 30 days of the notice being given, terminate this Agreement by giving 90 days notice in writing to COA and this Agreement shall be deemed to be terminated on the day specified in the notice and on termination. Upon such notice having been so delivered or sent, COA shall forthwith at COA’s entire expense remove all Amenities. The sites from which the Amenities were removed shall be restored at COA’s expense to the condition they were in immediately prior to the installation of the Amenities and to the satisfaction of THE CITY MANAGER. 32. Where COA fails to remove any Amenity or to restore any site as required by this Agreement at the termination of this Agreement or as otherwise required under this Agreement, THE CITY may arrange for the removal of all or any of the Amenities and the related site restoration and COA shall be solely responsible for paying to THE CITY all reasonable costs incurred by THE CITY for such work. 33. COA may terminate this Agreement for convenience at any time and for any reason. COA shall give THE CITY minimum 60 days’ notice in advance of the date of termination for convenience. The Agreement shall terminate and the parties shall have no further liability to each other except for obligations outstanding at the time of the effective date of the termination of this Agreement. The terms of this Agreement shall remain in effect until the date of termination. NOTICE 34. The parties hereto further agree that all notices, demands and requests in writing may be sent by ordinary prepaid mail or by fax to: To: CITY OF EDGEWATER Name / Title: FirstName LastName, Topersonposition Address: Streetnumber Streetname EDGEWATER, FLORIDA, ZipCode Fax # Tofax COA: Creative Outdoor Advertising Municipal Relations 8875 Hidden River Pakway, Suite 300 Tampa, Florida 33637 Email: Municipal@CreativeOutdoor.com 35. Service by mail shall be deemed effective the 3rd day after mailing and service by fax shall be deemed upon sending by fax. Each party shall ensure that the other party is notified in writing immediately of any changes in the contact information above. ACTS OF GOD 36. Any delays in or failures of performance by a party under this Agreement shall not be considered a breach of this Agreement if and to the extent caused by occurrences beyond control of the party affected, including but not limited to: acts of god, epidemics, changes in regulations or laws by any government, strikes or other concerted acts of workers, fires, floods, war, civil commotion, shortages of labor, materials or equipment; and any time for performance hereunder shall be extended by the actual time of delay caused by such occurrence. INSOLVENCY 37. It is further agreed that should COA become insolvent, bankrupt, unable to pay its debts, make an authorized assignment, or compromise to their creditors and be unable to perform their duties under this Agreement, THE CITY without prejudice to its other lawful rights and remedies may forthwith terminate this Agreement by written notice and the time limit set forth in Clause 31 of this Agreement shall be waived. ASSIGNMENT 38. COA may not assign their rights or obligations under this Agreement, or portions thereof without the written approval of THE CITY which not be unreasonably withheld. INDEMNITY 39. Notwithstanding anything else contained in this agreement and except as provided expressly below in this paragraph, COA will not be liable or obligated to CITYName or any other person or entity with respect to any matter or thing relating, directly or indirectly, to this agreement under any contract, negligence, strict liability or other legal or equitable theory for any indirect, incidental, special or consequential damages including, without limitation, any capital expenditures, reliance costs, lost profits, lost revenues or lost business opportunities even if the parties hereto had been advised of the possibility of such damages. Subject to the foregoing exclusions, COA aggregate liability in connection with or arising, directly or indirectly, out of or from this agreement and its performance or non-performance shall not exceed, under any circumstances whatsoever, in aggregate the greater of (a) the aggregate amount paid by COA to THE CITY pursuant to this agreement as of the date of any claim made against COA by THE CITY hereunder and (b) the stated face amount of any letter of credit, performance bond or similar instrument provided to CITYName by COA (or provided to THE CITY by any financial institution or insurance or bonding company on behalf of COA) as security for the performance by COA to THE CITY of its obligations under this agreement. 40. COA shall be responsible for any and all damages, or claims for damages for injuries or accidents done or caused by it or its employees or contractors, or resulting from the prosecution of the work, or any of its operations, or caused by reason of the existence or location or condition of the work, or of any materials, paint or machinery used hereon or herein or which may happen by reason hereof, or arising from any failure, neglect or omission on their part, or on the part of any of their employees or contractors, to do or perform any or all of the several acts or things required to be done by it or them under and by this Agreement. COA covenants and agrees to hold THE CITY harmless and indemnified for all such damages and claims for damage; and in case COA’s failure, neglect or omission to observe and perform faithfully and strictly, all the provisions of this Agreement, THE CITY may, 30 days after having given notice in writing of such failure, neglect or omission, take such steps, procure such material, items, trucks and workers and so such work or things as they may deem advisable toward carrying out and enforcing the same and may, to the extent of the costs thereof, charge these costs back to be paid by COA and may recover such costs in any court of competent jurisdiction as a debt due and owing by COA to THE CITY . 41. COA covenants and agrees to, from time to time and at all times hereafter, well and truly save, defend and keep harmless and fully indemnify THE CITY and their officers, servants or agents, from and against all actions, suits, claims, liens, and demands which may be brought against or made upon THE CITY , their officers, servants, or agents and of, from and against all loss, costs, charges, damages and expenses which may be paid, sustained or incurred by THE CITY , their officers, servants by reason of, or on account of or in consequence of the execution and performance of the contract work, or the non-execution or imperfect execution of the contract work or the supply or non-supply of the work or otherwise by reason of or arising out of the right to occupy portions of the untraveled public highways hereby granted and COA will pay to THE CITY or any of their officers, servants or agents, on demand, as the case may be, which may be paid, sustained or insured by the suits, claims, liens, executions or demands and all monies paid or payable by THE CITY or such officers, servants, or agents in settlement or in discharge thereof or on account, thereof and that in default of such payment all loss, costs, changes, damages and expenses and all monies so paid or payable by THE CITY or such officers, servants, or agents may or may be recovered from COA in any Court of competent jurisdiction as monies paid at COA's request and COA hereby authorize and empower THE CITY or thereafter their solicitors for the time being to settle or compromise as THE CITY or their solicitors may deem expedient, any actions, suits, claims, liens, executions or demands which may be brought against or made upon THE CITY , their officers, servants, or agents by reason of, or on account of or in performance of the Agreement and the performance of the Agreement or the non-execution or imperfect execution of the contract work and the supply or non-supply of the contract work or otherwise by reason of or arising out of or as a result of this Agreement or the permission to occupy portions of the highways hereby given. 42. In addition to and without limiting any of the other indemnification obligations of COA pursuant to this Agreement, COA covenants to indemnify and save harmless THE CITY from any and all claims, liabilities, damages, costs, expenses, suits or actions, or other proceedings by whomsoever made, sustained, brought or prosecuted in any manner resulting from any claim relating to the placement or removal of advertisement(s) on any Amenities and to inventions, copyrights, trademarks, patents, industrial designs and rights thereto used in the work done or in the advertising placed on the Amenities, provided that COA shall have no obligation of indemnity hereunder with respect to any advertisement supplied to COA by THE CITY . INSURANCE 43. COA agrees to procure and maintain for the duration of this agreement, liability insurance relative to each Amenity installed in which THE CITY are names insured equal to or in excess of the following minimum requirements and COA further agrees to file with THE CITY and, a copy of the certificate of Liability Insurance evidencing such requirements. The Liability insurance policy shall: 43.1. Have a limit of liability of not less than FIVE MILLION DOLLARS ($5,000,000.00) for any one occurrence and the amount of such liability insurance shall be increased at the request of THE CITY based on reasonable grounds acceptable to COA; 43.2. Be comprehensive Liability Insurance covering all operations and liability assumed under this Agreement; 43.3. Not contain any exclusions or limitations in respect of shoring, underpinning, razing or demolition of any building or structure, collapse of any structure or subsidence of any property, structure or land from any cause; 43.4. Contain a cross-liability clause; 43.5. COA shall be responsible for deductible amounts (which amounts shall be mutually satisfactory to COA and THE CITY ) under the policies. AGREEMENT DEFINITION 44. No amendment of this Agreement shall be deemed valid unless effected by a written amendment signed by both parties and no waiver of rights of any kind under this Agreement shall be effective unless in writing by the party for whom they are a benefit 45. This Agreement shall be subject to, and interpreted in accordance with the State of FLORIDA. 46. Clauses 39 to 42 shall survive termination or expiration of this Agreement, and shall continue in full force and effect subsequent to and notwithstanding such termination or expiration until or unless they are satisfied, by their very nature expire, or they are waived in writing by the party for whom they are a benefit. 47. If any provision of this Agreement is held to be unenforceable or invalid, then the remaining provisions of this Agreement will remain in full force and effect. 48. This Agreement constitutes the entire Agreement between the parties to this Agreement and supersedes any prior agreements and understandings, oral or written. 49. The parties agree and expressly confirm that THE CITY has conferred upon COA certain exclusive license rights to use municipal lands in connection, and solely in accordance, with the terms of this Agreement and COA has no leasehold and/or tenancy and/or other interests or rights of any nature or kind whatsoever in any real property of THE CITY in connection with the execution, delivery and/or performance of this Agreement by the parties. Further, should THE CITY or ANY agency on behalf of THE CITY levy any form of occupancy or property tax of any kind on; or associated with; the product supplied under this agreement, THE CITY shall be responsible for the payment of such taxes. 50. COA shall be responsible for all property taxes levied in association with any premises occupied by COA that are not located on CITY property. 51. Use of the word "will" or "shall" in this Agreement creates a mandatory obligation. 52. The insertion of headings is for convenience of reference only and shall not be construed so as to affect the interpretation or construction of this Agreement. 53. All contracts, whether of employment or otherwise, entered into by the Company with respect to this Agreement, including without limiting the generality of the foregoing, agreements with a Third Party, shall be made by the Company as principal and not as agent of THE CITY and THE CITY shall have no liability thereon. 54. Should any provision of this Agreement be void, voidable or unenforceable for any reason whatsoever, it shall be considered separate and severable from the remaining provisions of this Agreement, which shall remain in force and be binding as though the said provision had not been included. 55. This Agreement shall not be modified, varied or amended except by an instrument in writing signed by the parties hereto. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. Dated at ____________________ this day of ______________, ______________ THE CITY of EDGEWATER ______________________________________________ ______________________________________________ Dated at ____________________ this _______________ day of ______________, ______________ CREATIVE OUTDOOR ADVERTISING ______________________________________________ Name: ________________________________________ Title: _________________________________________ I have the authority to bind the corporation City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2022-0188,Version:1 COUNCIL AGENDA ITEM SUBJECT: Southeast Volusia Regional Crisis Negotiations Team (SEVRNT) Mutual Aid Agreement DEPARTMENT: Police SUMMARY: The Cities of Port Orange,Daytona Beach Shores,Edgewater,New Smyrna Beach and South Daytona intend to form a law enforcement joint crisis negotiations team separate from the joint SWAT team already in existence.The creation of the negotiations team would permit responses by negotiators during incidents in which the SWAT team may or may not be needed.The crisis negotiation team has special skills,training,and equipment to respond to exceptional situations that require a negotiator.The combining of resources and staff is a force multiplier.The City of Edgewater Police Department currently has two (2)negotiators on staff.The approval of the mutual aid agreement would provide access to ten (10)negotiators during incidents,which are often rapidly evolving. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☐ Not Applicable RECOMMENDED ACTION: Staff recommends authorization for the City Manager and Police Chief to sign the agreement. City of Edgewater Printed on 4/19/2022Page 1 of 1 powered by Legistar™ 1 | P a g e SOUTHEAST VOLUSIA REGIONAL CRISIS NEGOTIATIONS TEAM (SEVRNT) MUTUAL AID AGREEMENT BETWEEN THE CITIES OF PORT ORANGE, DAYTONA BEACH SHORES, EDGEWATER, NEW SMYRNA BEACH AND SOUTH DAYTONA WITNESSETH Whereas, the Cities of Port Orange, Daytona Beach Shores, Edgewater, New Smyrna Beach and South Daytona (collectively referred to herein as the “Cities”) are so located in relation to each other that it is to the advantage of each to share specific law enforcement services and resources to adequately respond to: (1) Intensive law enforcement situations including, but not limited to, emergencies as defined in Section 252.34, Florida Statutes; and (2) Exceptional situations, circumstances and events requiring personnel with special skills, training and equipment. ; and Whereas, the Cities have the authority under Section 23.12 through Section 23.127, et seq., Florida Statutes, the “Florida Mutual Aid Act,” to enter into a combined mutual aid agreement for law enforcement service which: (1) Provides for rendering of assistance in a law enforcement emergency, as defined in Section 252.34, Florida Statutes; and (2) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. ; and Whereas, the Cities desire to form a Joint Crisis Negotiations Team (known as the Southeast Volusia Regional Crisis Negotiations Team, abbreviated as “SEVRNT”), and hereafter referred to as “the Team”, consisting of highly dedicated law enforcement personnel from each of the Cities with special skills, training and equipment to respond to exceptional situations, circumstances, and events requiring action by the Team. NOW, THEREFORE, the Cities agree as follows: SECTION 1. DEFINITIONS: Incident Commander: The Chief of Police, or their designee, of the jurisdiction in which an incident requiring emergency response is occurring. SEVRNT: The Team is made up of a group of Team Members who are specially trained, equipped and readily available to respond to high risk/critical incidents requiring crisis intervention or negotiation efforts that are beyond the scope and training of law enforcement 2 personnel generally assigned to routine patrol or law enforcement functions. Team Members shall, when acting in the capacity of the Team, be under the direct supervision of the Team Commander. The Team supports each of the Cities with a response to critical incidents requiring crisis intervention or negotiations. High risk/critical incidents requiring crisis intervention or negotiations include, but are not limited to: (a) Barricaded subjects and/or hostage negotiations and rescues. (b) Terrorist acts involving barricaded subjects and/or hostages. (c) Suicide threats. (d) Active assailants (e) Civil unrest events (f) Any other situations where lives are endangered and negotiations may resolve the incident without injury to those involved. The primary responsibility of the Team is to provide a systematic approach to saving lives. As such, the specific circumstances will dictate the negotiations necessary to adequately protect the public and the Team Members involved. Resolution of some incidents may require the intervention and specific application of various levels of force by SEVR SWAT Team Members up to, and including, lethal force. Team Commander: A Team Member designated by a majority vote of each of the Chiefs of Police for the Cities, to act as the Team Commander. The Team Commander is accountable for effectively directing, controlling, and coordinating the operational duties and related administrative tasks of the Team. During an unusual occurrence or high-risk incident, the Team Commander shall report directly to the Chief of Police, or designee, within the jurisdiction in which the Team is conducting an operation. The Team Commander shall maintain direct supervision of operational activities of Team Members. Team Leader: A Member of the Team designated by the Team Commander to act as Team Leader. The Team Leader shall act as the Team’s Commander in the absence of the Team Commander. The Team Leader shall, in concert with the Team Commander, establish a response plan for each activation of the Team and be responsible for the supervision and deployment of Team Members. Team Member: A sworn officer trained in Hostage Negotiations, as well as additional courses of instruction as they become available to enhance their capabilities. Only members assigned to the Team by their respective Chief of Police shall be eligible to serve on the Team as a Team Member. Team Members will be assigned a specific duty/task and/or responsibility by the Team Commander or Team Leader at the scene of each activation of the Team. 3 SECTION 2. PROVISIONS FOR OPERATIONAL ASSISTANCE: (a) The Cities hereby approve and enter into this Agreement whereby each of the Cities agrees to contribute the personnel, equipment, facilities and resources necessary for the Team to perform the functions agreed upon by the Cities and outlined in this Agreement. If one of the Cities is experiencing a law enforcement issue within the scope of the Team’s expertise, that city may call upon the Team for assistance. (b) Each of the Cities will maintain a consistent policy and procedure directive as it relates to the requirements, operation, deployment, training, and equipment of the Team. (c) When activated, the Team Commander reports to the Incident Commander or the on-scene supervisor, unless otherwise determined by the Chief of Police, or designee, in order to conduct Team operations within the jurisdiction in which the Team is activated.. (d) All Team operations shall be consistent with the guidelines outlined by the National Council of Negotiation Associations (NCNA) and FBI Crisis Negotiation Unit (CNU). (e) The Team Commander shall be responsible for the deployment of the Team, including the Team’s equipment, decision making, and resolution of the incident. (f) Unless the Team Commander relinquishes control to another law enforcement officer who is not a Team Member, no other person except the Chief of Police within the jurisdiction in which the Team is conducting an activation , or designee, who is not the Team Leader or Team Commander, will attempt to direct, supervise, or control any element or Team Member. (g) In the event of a combined response of both the Team and the SEVR SWAT Team, the Team Commander, or designee, shall coordinate efforts with the Team Commander of the SEVR SWAT Team to ensure efficiency of the activation/operation and safety of all parties involved. (h) Consistent with NCNA guidelines, the Team shall conduct regular and reoccurring training. Each of the Cities shall jointly develop training lesson plans and schedules and schedule the training sessions. All training shall be performance oriented and related to tasks and missions performed by the Team. On occasion, Team training may take place in conjunction with other training within one of the Cities. Should a situation arise that prevents the Team from completing the full requirements in a given quarter, the reason shall be documented in a memorandum addressed to the Chiefs of Police of the Cities. Each of the Cities shall ensure that all Team Members are properly trained and certified in the use of special equipment. Joint training of the Team shall be 4 coordinated and implemented by the Chiefs of Police of the Cities or their designees. A minimum of 40 hours of training will be completed by each Team member on an annual basis. Training records shall be completed by the Team Commander, or designee and maintained for use in Accreditation standards or other administrative functions for each of the Cities, in addition to in accordance with law. (i) Each of the Cities shall conduct an annual inventory and inspection of all Team equipment and supplies to ensure operational readiness and provide a copy to each of the other Cities. (j) Each of the Cities shall ensure that all Team Members have the required equipment for the operations to which the Team may be assigned. (k) The Team Leader shall prepare an after-action report on all activations that involve the deployment of the Team. Such records shall be kept by the Team Commander with copies sent to the designated records liaison in each of the Cities and maintained in accordance with law. (l) Requests to utilize the Team for a planned event may be made by any of the Cities by its Chief of Police. Final approval for the Team deployment shall be made by the Team Commander. (m) At a minimum, each of the Cities shall supply its Team Members with the following equipment: (1) Ballistic vest (2) Handheld radio with operational frequencies (3) Handgun (4) Handcuffs (5) One short sleeve SEVRNT shirt (6) One long sleeved SEVRNT shirt with the word “negotiator” along the left sleeve and the acronym “SEVRNT” along the right sleeve for use under external ballistic carriers (n) As a whole, the Cities will ensure Team members of the SEVRNT will have access to the following equipment for use in activations: (1) Throw phone(s) (2) Cellular device for use in communications (3) Computer with internet capabilities for ease of access to social media (4) Ballistic shield (5) Tool kit containing at a minimum: bolt cutters, wire snips, pry bar or halogen tool, hammer, standard screwdriver set and Phillips screwdriver set. (6) Bullhorn(s) 5 SECTION 3. PROVISIONS FOR VOLUNTARY COOPERATION: The Cities hereby approve and enter into this Agreement whereby each of the Cities may request and render voluntary law enforcement cooperation and assistance across jurisdictional lines for the incidents outlined in this Agreement and related law enforcement situations. SECTION 4. PROCEDURE FOR REQUESTING ASSISTANCE: (a) If one of the Cities is in need of emergency assistance as set forth above, it shall notify the Team Commander or Team Leader and provide appropriate information (e.g., nature of the law enforcement assistance requested). Requests for assistance will be made through Central Dispatch to be sent via the Code Red system. (b) Each of the Cities is responsible for tracking mutual aid requests made or received in accordance with this Agreement and may revise the contact person designated above by advising the other Cities in writing. (c) The Chief of Police in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in their jurisdiction, for how long such assistance is authorized, and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. SECTION 5. COMMAND AND SUPERVISORY RESPONSIBILITIES: (a) Whenever a Team Member is rendering aid pursuant to this Agreement, they shall abide by, and be subject to, the rules and regulations, personnel policies, general orders, and standard operating procedures of their employer. If any such rule, regulation, personnel policy, general order, or standard operating procedure is contradicted, contravened, or otherwise in conflict with a direct order of a superior officer of one of the requesting Cities, then such rule, regulation, policy, general order, or standard operating procedure of their employer shall control and supersede the direct order. (b) Whenever there is cause to believe that a complaint has arisen as a result of Team action as it may pertain to this Agreement, the city in which the Team operated and gave rise to the complaint shall be responsible for documenting the complaint to ascertain at a minimum: (1) The identity of the complainant. (2) An address where the complaining party can be contacted. (3) The specific allegation. (4) The identity of the employees accused without regard to City affiliation. 6 (c) The city responsible for documenting the complaint shall expeditiously provide the city or cities employing the subject officer(s) with this information, along with a copy of all applicable documentation. The City employing the person who is the subject of the complaint shall be responsible for conducting an appropriate review. SECTION 6. LIABILITY: Each of the Cities engaging in any mutual cooperation and assistance pursuant to this Agreement agree to assume responsibility for the acts, omissions, or conduct of such City’s own employees while engaged in rendering such and pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. None of the Cities waive any sovereign immunity protection provided by law. Team Members are responsible for their own safety as well as the safety of other Team Members, and the public. This Agreement shall in no event confer upon any person, corporation, partnership, or other entity, including the Cities hereto, the right to damages or any other form of relief against any of the Cities in this Agreement for operations or omissions hereunder. Any property damage occurring during an activation, except as provided in Section 7 (b), is the responsibility of the city in whose jurisdiction the Team was operating. Uses of force by a Team Member shall be investigated by the agency of which the Team Member is employed. SECTION 7. POWERS, PRIVILEGES, IMMUNITIES, AND COSTS: (a) Pursuant to the provisions of Section 23.127 Florida Statutes, a Team Member who renders aid outside the city in which the Team Member is employed but inside the state in accordance with this Agreement shall have the same powers, duties, rights, privileges, and immunities as if performing duties inside the Team Member’s political subdivision in which normally employed. (b) Each of the Cities that furnishes equipment pursuant to this Agreement shall bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. (c) The Cities shall be responsible for providing compensation and benefits to their respective employees providing services hereunder, including but not limited to salary, overtime, health insurance, disability insurance, life insurance, liability insurance, workers compensation, pension/retirement, vacation time, sick leave, and any amounts due for personal injury or death. (d) The privileges and immunities from liability; exemption from laws, ordinances, and rules; and all pension, insurance, relief, disability, workers’ compensation, salary, death, and other benefits that apply to the activity of an employee of a City when performing the employee’s duties within the territorial limits of the employee’s City apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee’s duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid, volunteer, and auxiliary employees. 7 (e) Nothing herein shall prevent any of the Cities from seeking supplemental appropriations from the governing authority having budgeting jurisdiction, or funds from other available sources, such as grants, to reimburse any of the Cities for any actual costs or expenses incurred by its performing hereunder. SECTION 8. TERM: This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect through September 30, 2026, unless otherwise terminated as provided for herein. SECTION 9. TERMINATION: Any of the Cities may terminate its participation in this Agreement for convenience upon delivery of written notice to the other Cities no less than 90 days before the date of termination. The liability provisions of this Agreement shall survive any such termination. Termination by any one or more of the Cities does not impact the effectiveness of this Agreement as to the remaining Cities. SECTION 10. RELATION TO OTHER AGREEMENTS: Nothing herein is intended to abrogate any other agreements, or portions thereof, between the Cities. SECTION 11. MISCELLANEOUS PROVISIONS: (a) Each of the Cities shall adopt and enforce written policy that is consistent with this Agreement and applicable law. Each of the Cities shall also train its law enforcement officers on extraterritorial jurisdiction including, but not limited to, the parameters of mutual aid agreements. (b) All Team Members, regardless of rank or position, must maintain acceptable standards of performance. (c) All Team Members, regardless of rank or position, must maintain firearms qualification by passing the CJSTC handgun course. (d) All Team Members must successfully complete a Hostage Negotiations Course. (e) Nothing in this Agreement shall be construed as any transfer or contracting away of the powers or functions of any one of the Cities to the other. (f) This Agreement does not grant law enforcement powers for purposes of law enforcement related off-duty employment. (g) In the event of a conflict between the provisions of this Agreement and the “Florida Mutual Aid Act,” the provisions of the Florida Mutual Aid Act shall control. 8 (h) This Agreement contains the entire understanding between the Cities and shall not be renewed, amended, or extended except in writing. (i) This Agreement shall be construed in accordance with Florida law. The venue of any litigation arising hereunder shall be Volusia County, Florida. IN WITNESS WHEREOF, the Cities have caused this Agreement to be executed by the undersigned persons as duly authorized. SIGNATURE PAGES FOLLOWS 9 Attest: CITY OF DAYTONA BEACH SHORES ___________________________ ______________________________ Michael Booker, City Manager Stephan Dembinsky Date: ______________________ Director of Public Safety Approved as to form and legality: ___________________________ Lonnie N. Groot, City Attorney 10 Attest: CITY OF EDGEWATER ___________________________ ______________________________ Glenn Irby, City Manager Joe Mahoney Date: ______________________ Chief of Police Approved as to form and legality: ___________________________ Aaron Wolfe, City Attorney 11 Attest: CITY OF NEW SMYRNA BEACH ___________________________ ______________________________ Mayor Russ Owen Khalid Resheidat Date: ______________________ City Manager Approved as to form and legality: ___________________________ Carrie Avallone City Attorney 12 Attest: CITY OF SOUTH DAYTONA _______________________________ ______________________________ Mark Cheatham Chief of Police James Lester Gillis Date: ______________________ City Manager Approved as to form and legality: ___________________________ Scott Simpson, City Attorney 13 Attest: CITY OF PORT ORANGE _______________________________ ______________________________ Robin L. Fenwick, MMC Donald O. Burnette Date: ______________________ Mayor Approved as to form and legality: ___________________________ Matthew J. Jones, City Attorney City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2022-0194,Version:2 COUNCIL AGENDA ITEM SUBJECT: Continuous Monitoring Equipment for the Wastewater Facility DEPARTMENT: Environmental Services SUMMARY: The attached quotation is for replacement analytical monitoring equipment at the City’s Advanced Wastewater Treatment Plant (WWTP). Environmental Services Department is requesting the further standardization of its continuous wastewater monitoring equipment for all wet chemistry applications through the use of Hach equipment. The facility uses eight (8) Hach units for the monitoring of turbidity, total residual chlorine, pH, and dissolved oxygen. These parameters are required to be monitored and reported to the Federal Department of Environmental Protection (FDEP) as part of the City’s WWTP operating permit. All monitoring units are linked to the plant’s Supervisory Control and Data Acquisition (SCADA) system, providing continuous monitoring necessary to process wastewater efficiently and achieve permit compliance. The majority of the facility’s benchtop lab equipment is also manufactured by the Hach Company. The standardization of this equipment will further provide consistency when performing daily comparison checks, which will use the same chemistry parameters and/or technology in both the lab benchtop units and the continuous monitoring equipment. BUDGETED ITEM:☐ Yes ☒ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable RECOMMENDED ACTION: Motion to approve the proposal from Hach in the amount of $31,286.24 for continuous monitoring equipment for the wastewater facility. City of Edgewater Printed on 4/19/2022Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2022-O-04,Version:2 ITEM DESCRIPTION: 2nd Reading -Ordinance No.2022-O-04 -Joseph Smith,requesting annexation of .32±acres of land located at 153 N. Cory Drive OWNER: Joseph Smith REQUESTED ACTION: Annexation LOCATION: 153 N. Cory Drive (PID# 841205000280) AREA: .32± acres PROPOSED USE: Single Family Residence CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT:Volusia County R-3W (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant City Conservation City Public/Semi-Public East Single Family Residence Volusia County Urban Low Intensity Volusia County R-3W (Urban Single Family Residential) South Vacant Volusia County Urban Low Intensity Volusia County R-3W (Urban Single Family Residential) West Single Family Residence Volusia County Urban Low Intensity Volusia County R-3W (Urban Single Family Residential) Background:The subject property is located on North Cory Drive and is within the Interlocal Service Boundary Area adopted in 2015,which allows the annexation of certain lands not contiguous to the City limits.The annexation of the subject property allows for more efficient delivery of municipal services.This property is currently vacant and there are plans to construct a single family home.As vacant,this property should generate approximately $325.68 in revenue annually for the City.Once the property is improved, the annual revenue to the City should be approximately $2,085. Amendments to the Future Land Use and Zoning Maps shall occur simultaneously with the annexation.The Planning and Zoning Board recommended approval of this item on March 9,2022.This item was approved at first reading by City Council on April 4, 2022. City of Edgewater Printed on 4/19/2022Page 1 of 2 powered by Legistar™ File #:2022-O-04,Version:2 Land Use Compatibility:The subject property is located in a residential neighborhood known as Cory Estates. Adequate Public Facilities:The subject property has access via North Cory Drive.City water is available to the property; wastewater lines are not yet available. Comprehensive Plan Consistency:The annexation of the subject property is consistent with Objective 1.8 of the Future Land Use Element. RECOMMENDED ACTION Motion to approve Ordinance No. 2022-O-04. City of Edgewater Printed on 4/19/2022Page 2 of 2 powered by Legistar™ Strike through passages are deleted. 1 Underlined passages are added. 2022-O-04 ORDINANCE NO. 2022-O-04 AN ORDINANCE ANNEXING .32± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 153 N. CORY DRIVE (PARCEL IDENTIFICATION NUMBER 841205000280), VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Joseph Smith, owner, has applied for annexation of property located at 153 N. Cory Drive within Volusia County, Florida. Subject property contains approximately .32± acres. 2. The owner has voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is located within the Interlocal Service Boundary Agreement mutually adopted by Volusia County and the City. The conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated to include the property described herein. 5. During the Planning and Zoning Board meeting on March 9, 2022, the Board recommended that the property be annexed into the City of Edgewater. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: Strike through passages are deleted. 2 Underlined passages are added. 2022-O-04 PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit “A” and depicted in the map identified as Exhibit “B”, which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit “B”. 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled “Description of City of Edgewater Corporate Limits” shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. 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 ordinance or any provisions thereof shall be held to be inapplicable to any person, property, Strike through passages are deleted. 3 Underlined passages are added. 2022-O-04 or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by Councilwoman Power, with Second by Councilman Powers the vote on the first reading of this ordinance held on April 4, 2022, was as follows: AYE NAY Mayor Mike Thomas EXCUSED Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilwoman Megan O’Keefe X Councilman Jonah Powers X Strike through passages are deleted. 4 Underlined passages are added. 2022-O-04 After Motion to approve by with Second by _________, the vote on the second reading/public hearing of this ordinance held on _______________ 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 day of , 2022. ATTEST: COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Zlotnik, 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 day of , 2022 under Agenda Item No 8_____ Strike through passages are deleted. 5 Underlined passages are added. 2022-O-04 EXHIBIT “A’ LEGAL DESCRIPTION PARCEL 1: BEING ALSO THE EAST 1/2 OF PARCEL 28 AND ALL OF PARCEL 29, CORY ESTATES, AS RECORDED IN OFFICIAL RECORDS BOOK 233, PAGE 29 OF THE PUBUC RECORDS OF VOLUSIA COUNTY, FLORJDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTIIBRLY LINE OF LOT 3, BELLA VISTA UNIT N0.2, PER MAP BOOK II, PAGE 164, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND THE EASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. l, A 158 FOOT RlGHT-OF-WAY AS NOW LAID OUT; THENCE NORTH 68°41' EAST ALONG SAID NORTHERLY LINE OF LOT 3 A DISTANCE OF 2037.50 FEET TO TIIE PO.INT OF BEGINNING; THENCE CONTINUE NORTH 68°41' EAST,ADISTANCE OF 112.50 FEET; TIIENCE SOUTII 16° 19' EAST A DISTANCE OF 124.9 FEET TO THE NORTHERLY LINE OF NORTH CORY DRIVE; TIIENCE SOUTH 68°41' WEST ALONG SAID NORTHERLY LINE OF CORY DRIVE, A DISTANCE OF 112.50 FEET; THENCE NORTH 16°19' WEST A DISTANCE OF 124.9 FEET TO 1RE POJNT OF BEGINNING. ALL LYJNG AND BEING A PART OF LOT 3, BELLA VISTA UNIT N0.2, AS SHOWN ON THE MAP IN MAP BOOK 11, PAGE 164, OF TIIE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. TOGETHER WITH THE RIGHT TO USE A PORTION OF SOUTH CORY DRIVE AND NORID CORY DRIVE AS RECORDED IN CORY ESTATES PER OFFICIAL RECORDS BOOK 233, PAGE 29, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, HERRINAFTER MORE PARTICULARLY ' DESCRIDED AS FOLLOWS: A PORTION OF SOUTH CORY DRIVE PER CORY ESTATES AS RECORDED IN OFFICIAL RECORDS BOOK 233, PAGE 29, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. COMMENCE AT TIIE INTERSECTION OF THE NORTIIERL Y LINE OF LOT 3, BELLA VISTA UNIT NO. 2, PER MAP BOOK 11, PAGE 164 OF TIIB PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, AND THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.I , THENCE SOUTH 16°19' EAST A DISTANCE OF 399.90 FEET ALONG THE SAJD EASTERLY RIGHT-OF-WAY LINE FOR THE POINT OF BEGINNING; TIIBNCE NORTH 68°41' EAST A DISTANCE OF 425 FEET; THENCE NORTH 16°19' WEST A DISTANCE OF 275 FEET; THENCE NORTH 68°41' EAST A DISTANCE OF 2225 FEET TO THE WESTERLY LINE OF EAST CORY DRIVE; THENCE SOUTH 16° 19' EAST A DISTANCE OF 50.19 FEET ALONG SAID WESTERLY LINE OF EAST CORY DRIVE, THENCE SOUTH 68°41' WEST A DISTANCE OF 2I75FEET; THENCE SOUTH 16°19' EAST A DISTANCE OF 299.99 FEET; THENCE SOUTH 68°41' WEST A DISTANCE OF 50.19 FEET; THENCE NORTH 16°19' WEST A DISTANCE OF 25 FEET; THENCE SOUTH 68°41' WEST A DISTANCE OF 425 FEET; THENCE NORTH J6019' WEST, A DISTANCE OF 50.19 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING A PART OF LOT I, BELLA VISTA UNIT 3, AS SHOWN ON MAP IN MAP BOOK 9, PAGE 298, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND LOT 3, BELLA VISTA UNIT NO. 2, AS SHOWN ON MAP IN MAP BOOK 11, PAGE 164, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. This legal description includes any/all adjoining right-of-way relating to the subject property. Struck through passages are deleted Underlined passages are added 2022-O-04 6 EXHIBIT “B”` E Cory DrS Cory Dr N Cory Dr . Subject Property Date: 1/7/2022 E Cory DrS Cory Dr N Cory Dr Volusia County Property Appraiser . Date: 1/7/2022 Subject Property City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2022-O-05,Version:2 ITEM DESCRIPTION: 2nd Reading -Ordinance No.2022-O-05 -Joseph Smith,requesting an amendment to the Future Land Use Map to include .32± acres of land located at 153 N. Cory Drive as Low Density Residential. OWNER: Joseph Smith REQUESTED ACTION: Future Land Use Map Amendment LOCATION: 153 N. Cory Drive (PID# 841205000280) AREA: .32± acres PROPOSED USE: Single Family Residence CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT:Volusia County R-3W (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant City Conservation City Public/Semi-Public East Single Family Residence Volusia County Urban Low Intensity Volusia County R-3W (Urban Single Family Residential) South Vacant Volusia County Urban Low Intensity Volusia County R-3W (Urban Single Family Residential) West Single Family Residence Volusia County Urban Low Intensity Volusia County R-3W (Urban Single Family Residential) Background:The subject property is located on North Cory Drive and is within the Interlocal Service Boundary Area adopted in 2015,which allows the annexation of certain lands not contiguous to the City limits.The annexation of the subject property allows for more efficient delivery of municipal services.This property is currently vacant and there are plans to construct a single family home.As vacant,this property should generate approximately $325.68 in revenue annually for the City.Once the property is improved,the annual revenue to the City should be approximately $2,085.The Planning and Zoning Board recommended approval of this item on March 9, 2022. This item was approved at first reading by City Council on April 4, 2022. Land Use Compatibility:The subject property is located in a residential neighborhood known as Cory Estates. Adequate Public Facilities:The subject property has access via North Cory Drive.City water is available to the property; wastewater lines are not yet available. City of Edgewater Printed on 4/19/2022Page 1 of 2 powered by Legistar™ File #:2022-O-05,Version:2 Comprehensive Plan Consistency:The current Volusia County Future Land Use designation of Urban Low Intensity allows up four (4)dwelling units per acre and is primarily a residential designation but may allow for neighborhood convenience uses and individual office buildings as transitional uses that meet the Comprehensive Plans location criteria. The City Low Density Residential Future Land Use designation is most compatible to the County designation and allows up to four (4) dwelling units per net acre. RECOMMENDED ACTION Motion to approve Ordinance No. 2022-O-05. City of Edgewater Printed on 4/19/2022Page 2 of 2 powered by Legistar™ Strike through passages are deleted. 1 Underlined passages are added. 2022-O-05 ORDINANCE NO. 2022-O-05 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN, AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM VOLUSIA COUNTY URBAN LOW INTENSITY TO CITY LOW DENSITY RESIDENTIAL F OR .32± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 153 N. CORY DRIVE, EDGEWATER, FLORIDA; PROVIDING FOR PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Joseph Smith, applicant, has applied for an amendment to the Comprehensive Plan Future Land Use Map to include property located at 153 N. Cory Drive, within Volusia County, Florida as Low Density Residential. Subject property contains approximately .32± acres. WHEREAS, the Planning and Zoning Board, sitting as the City’s Local Planning Agency, held a Public Hearing pursuant to 163.3174, Fla. Stat., on Wednesday, March 9, 2022, and recommended that the City Council approve the proposed Plan Amendment; WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its Comprehensive Plan as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: PART A. AMENDMENT. Ordinance No. 81-O-10, as amended and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be amended to include property described in Strike through passages are deleted. 2 Underlined passages are added. 2022-O-05 Exhibits “A” and “B” on the Future Land Use Map as Low Density Residential. PART B. PUBLIC HEARINGS. It is hereby found that a public hearing held by the City Council to consider adoption of this ordinance on May 2, 2022, at 6:00 p.m. in the City Council Chambers at City Hall, 104 N. Riverside Drive, Florida, after notice published at least 10 days prior to hearing is deemed to comply with 163.3184, Fla. Stat. PART C. CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. The amendment shall also not be effective until certification is received from the Volusia Growth Management Commission. Strike through passages are deleted. 3 Underlined passages are added. 2022-O-05 PART E. 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 ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, with property, or circumstance. PART F. ADOPTION. After Motion to approve by Councilwoman Power, with Second by Councilwoman Bennington, the vote on the first reading of this ordinance held on April 4, 2022, was as follows: AYE NAY Mayor Mike Thomas Excused Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilwoman Megan O’Keefe X Councilman Jonah Powers X Strike through passages are deleted. 4 Underlined passages are added. 2022-O-05 After Motion to approve by , Second by, the vote on the second reading/public hearing of this ordinance held on , 2022, 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 day of , 2022. ATTEST: COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Zlotnik, 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 day of , 2022 under Agenda Item No 8_____ Strike through passages are deleted. 5 Underlined passages are added. 2022-O-05 EXHIBIT “A” LEGAL DESCRIPTION PARCEL 1: BEING ALSO THE EAST 1/2 OF PARCEL 28 AND ALL OF PARCEL 29, CORY ESTATES, AS RECORDED IN OFFICIAL RECORDS BOOK 233, PAGE 29 OF THE PUBUC RECORDS OF VOLUSIA COUNTY, FLORJDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTIIBRLY LINE OF LOT 3, BELLA VISTA UNIT N0.2, PER MAP BOOK II, PAGE 164, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND THE EASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. l, A 158 FOOT RlGHT-OF-WAY AS NOW LAID OUT; THENCE NORTH 68°41' EAST ALONG SAID NORTHERLY LINE OF LOT 3 A DISTANCE OF 2037.50 FEET TO TIIE PO.INT OF BEGINNING; THENCE CONTINUE NORTH 68°41' EAST,ADISTANCE OF 112.50 FEET; TIIENCE SOUTII 16° 19' EAST A DISTANCE OF 124.9 FEET TO THE NORTHERLY LINE OF NORTH CORY DRIVE; TIIENCE SOUTH 68°41' WEST ALONG SAID NORTHERLY LINE OF CORY DRIVE, A DISTANCE OF 112.50 FEET; THENCE NORTH 16°19' WEST A DISTANCE OF 124.9 FEET TO 1RE POJNT OF BEGINNING. ALL LYJNG AND BEING A PART OF LOT 3, BELLA VISTA UNIT N0.2, AS SHOWN ON THE MAP IN MAP BOOK 11, PAGE 164, OF TIIE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. TOGETHER WITH THE RIGHT TO USE A PORTION OF SOUTH CORY DRIVE AND NORID CORY DRIVE AS RECORDED IN CORY ESTATES PER OFFICIAL RECORDS BOOK 233, PAGE 29, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, HERRINAFTER MORE PARTICULARLY ' DESCRIDED AS FOLLOWS: A PORTION OF SOUTH CORY DRIVE PER CORY ESTATES AS RECORDED IN OFFICIAL RECORDS BOOK 233, PAGE 29, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. COMMENCE AT TIIE INTERSECTION OF THE NORTIIERL Y LINE OF LOT 3, BELLA VISTA UNIT NO. 2, PER MAP BOOK 11, PAGE 164 OF TIIB PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, AND THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.I , THENCE SOUTH 16°19' EAST A DISTANCE OF 399.90 FEET ALONG THE SAJD EASTERLY RIGHT-OF- WAY LINE FOR THE POINT OF BEGINNING; TIIBNCE NORTH 68°41' EAST A DISTANCE OF 425 FEET; THENCE NORTH 16°19' WEST A DISTANCE OF 275 FEET; THENCE NORTH 68°41' EAST A DISTANCE OF 2225 FEET TO THE WESTERLY LINE OF EAST CORY DRIVE; THENCE SOUTH 16° 19' EAST A DISTANCE OF 50.19 FEET ALONG SAID WESTERLY LINE OF EAST CORY DRIVE, THENCE SOUTH 68°41' WEST A DISTANCE OF 2I75FEET; THENCE SOUTH 16°19' EAST A DISTANCE OF 299.99 FEET; THENCE SOUTH 68°41' WEST A DISTANCE OF 50.19 FEET; THENCE NORTH 16°19' WEST A DISTANCE OF 25 FEET; THENCE SOUTH 68°41' WEST A DISTANCE OF 425 FEET; THENCE NORTH J6019' WEST, A DISTANCE OF 50.19 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING A PART OF LOT I, BELLA VISTA UNIT 3, AS SHOWN ON MAP IN MAP BOOK 9, PAGE 298, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND LOT 3, BELLA VISTA UNIT NO. 2, AS SHOWN ON MAP IN MAP BOOK 11, PAGE 164, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. This legal description includes any/all adjoining right-of-way relating to the subject property. Strike through passages are deleted. 6 Underlined passages are added. 2022-O-05 EXHIBIT “B” E Cory DrS Cory Dr N Cory Dr . Subject Property Date: 1/7/2022 E Cory DrS Cory Dr N Cory Dr Volusia County Property Appraiser . Date: 1/7/2022 Subject Property Masthead Ln E Cory DrHelmsmenLn C h a r t e r L n StarboardAveNavigators Way Arbor Ln S Cory Dr N Cory Dr Hazelwood River Rd County: C County: ULI County: W City: CONSERV City: LDRCity: LDR City: PUBLIC City: MDR City: MDR City: MDR City: MDR City: MDR City: LDR City: LDR City: LDR City: LDR City: LDR County: ULI County: W County: C N Cory Dr S Cory Dr Arbor Ln Hazelwood River Rd Charter Ln Navigators WayStarboard AveE Cory DrHelm s m e n L n Masthead Ln City: CONSERV City: MDR City: LDR City: PUBLIC This map is for illustrative purposes only. The data represented is provided as a public service for general information and should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject Property Parcel: 8412-05-00-0280 Proposed City Future Land Use: Low Density Residential . . Date: 1/7/2022 Date: 1/7/2022 Existing Proposed This map is for illustrative purposes only. The data represented is provided as a public service for general information and should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject Property Parcel: 8412-05-00-0280 Current County Future Land Use: Urban Low Intensity City of Edgewater Future Land Use Map Subject Property Conservation Overlay Agriculture Recreation Conservation Public/Semi-Public High Density Residential Medium Density Residential Low Density Residential Low Density Transition Mixed Use Industrial Commercial Sustainable Community Development City of Edgewater Future Land Use Map Subject Property Conservation Overlay Agriculture Recreation Conservation Public/Semi-Public High Density Residential Medium Density Residential Low Density Residential Low Density Transition Mixed Use Industrial Commercial Sustainable Community Development City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2022-O-06,Version:2 ITEM DESCRIPTION: 2nd Reading -Ordinance No.2022-O-06 -Joseph Smith,requesting an amendment to the Official Zoning Map to include .32± acres of land located at 153 N. Cory Drive as R-3 (Single Family Residential) OWNER: Joseph Smith REQUESTED ACTION: Official Zoning Map Amendment LOCATION: 153 N. Cory Drive (PID# 841205000280) AREA: .32± acres PROPOSED USE: Single Family Residence CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT:Volusia County R-3W (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant City Conservation City Public/Semi-Public East Single Family Residence Volusia County Urban Low Intensity Volusia County R-3W (Urban Single Family Residential) South Vacant Volusia County Urban Low Intensity Volusia County R-3W (Urban Single Family Residential) West Single Family Residence Volusia County Urban Low Intensity Volusia County R-3W (Urban Single Family Residential) Background:The subject property is located on N.Cory Drive and is within the Interlocal Service Boundary Area adopted in 2015, which allows the annexation of certain lands not contiguous to the City limits.The annexation of the subject property allows for more efficient delivery of municipal services.Future development of the property shall consist of one (1)single family residence.The Planning and Zoning Board recommended approval of this item on March 9,2022.This item was approved at first reading by City Council on April 4, 2022. Land Use Compatibility:The subject property is located in a residential neighborhood known as Cory Estates. Adequate Public Facilities:The subject property has access via North Cory Drive.City water is available to the property; wastewater lines are not yet available. Comprehensive Plan Consistency:R-3 (Single Family Residential)is consistent with the proposed Future Land Use designation of City of Edgewater Printed on 4/19/2022Page 1 of 2 powered by Legistar™ File #:2022-O-06,Version:2 Comprehensive Plan Consistency:R-3 (Single Family Residential)is consistent with the proposed Future Land Use designation of Low Density Residential per Table III-1 of the Land Development Code. RECOMMENDED ACTION Motion to approve Ordinance No. 2022-O-06. City of Edgewater Printed on 4/19/2022Page 2 of 2 powered by Legistar™ Strike through passages are deleted. 1 Underlined passages are added. 2022-O-06 ORDINANCE NO. 2022-O-06 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY R-3W (URBAN SINGLE FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE FAMILY RESIDENTIAL) FOR .32± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 153 N. CORY DR., EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Joseph Smith is owner of the property located at 153 N. Cory Drive, within Volusia County, Florida. Subject property contains approximately .32± acres. 2. The owners have submitted an application for a change in zoning classification from County R-3W (Urban Single Family Residential) to City R-3 (Single Family Residential) for the property described herein. 3. On March 9, 2022, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification. 4. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 5. The proposed change in zoning classification is not contrary to the established land use pattern. 6. The proposed change in zoning classification will not adversely impact public facilities. 7. The proposed change in zoning classification will not have an adverse effect on Strike through passages are deleted. 2 Underlined passages are added. 2022-O-06 the natural environment. 8. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification is hereby changed from County R-3W (Urban Single Family Residential) to City R -3 (Single Family Residential), for the property described in Exhibits “A” & B”. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. 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 D. 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 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. Strike through passages are deleted. 3 Underlined passages are added. 2022-O-06 PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilwoman Power, with Second by Councilman Powers the vote on the first reading of this ordinance held on April 4, 2022, was as follows: AYE NAY Mayor Mike Thomas Excused Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilwoman Megan O’Keefe X Councilman Jonah Powers X Strike through passages are deleted. 4 Underlined passages are added. 2022-O-06 After Motion to approve by , Second by, the vote on the second reading/public hearing of this ordinance held on , 2022, 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 day of , 2022. ATTEST: COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Zlotnik, 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 day of , 2022 under Agenda Item No 8_____ Strike through passages are deleted. 5 Underlined passages are added. 2022-O-06 EXHIBIT “A” LEGAL DESCRIPTION PARCEL 1: BEING ALSO THE EAST 1/2 OF PARCEL 28 AND ALL OF PARCEL 29, CORY ESTATES, AS RECORDED IN OFFICIAL RECORDS BOOK 233, PAGE 29 OF THE PUBUC RECORDS OF VOLUSIA COUNTY, FLORJDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTIIBRLY LINE OF LOT 3, BELLA VISTA UNIT N0.2, PER MAP BOOK II, PAGE 164, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND THE EASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. l, A 158 FOOT RlGHT-OF-WAY AS NOW LAID OUT; THENCE NORTH 68°41' EAST ALONG SAID NORTHERLY LINE OF LOT 3 A DISTANCE OF 2037.50 FEET TO TIIE PO.INT OF BEGINNING; THENCE CONTINUE NORTH 68°41' EAST,ADISTANCE OF 112.50 FEET; TIIENCE SOUTII 16° 19' EAST A DISTANCE OF 124.9 FEET TO THE NORTHERLY LINE OF NORTH CORY DRIVE; TIIENCE SOUTH 68°41' WEST ALONG SAID NORTHERLY LINE OF CORY DRIVE, A DISTANCE OF 112.50 FEET; THENCE NORTH 16°19' WEST A DISTANCE OF 124.9 FEET TO 1RE POJNT OF BEGINNING. ALL LYJNG AND BEING A PART OF LOT 3, BELLA VISTA UNIT N0.2, AS SHOWN ON THE MAP IN MAP BOOK 11, PAGE 164, OF TIIE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. TOGETHER WITH THE RIGHT TO USE A PORTION OF SOUTH CORY DRIVE AND NORID CORY DRIVE AS RECORDED IN CORY ESTATES PER OFFICIAL RECORDS BOOK 233, PAGE 29, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, HERRINAFTER MORE PARTICULARLY ' DESCRIDED AS FOLLOWS: A PORTION OF SOUTH CORY DRIVE PER CORY ESTATES AS RECORDED IN OFFICIAL RECORDS BOOK 233, PAGE 29, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. COMMENCE AT TIIE INTERSECTION OF THE NORTIIERL Y LINE OF LOT 3, BELLA VISTA UNIT NO. 2, PER MAP BOOK 11, PAGE 164 OF TIIB PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, AND THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.I , THENCE SOUTH 16°19' EAST A DISTANCE OF 399.90 FEET ALONG THE SAJD EASTERLY RIGHT-OF-WAY LINE FOR THE POINT OF BEGINNING; TIIBNCE NORTH 68°41' EAST A DISTANCE OF 425 FEET; THENCE NORTH 16°19' WEST A DISTANCE OF 275 FEET; THENCE NORTH 68°41' EAST A DISTANCE OF 2225 FEET TO THE WESTERLY LINE OF EAST CORY DRIVE; THENCE SOUTH 16° 19' EAST A DISTANCE OF 50.19 FEET ALONG SAID WESTERLY LINE OF EAST CORY DRIVE, THENCE SOUTH 68°41' WEST A DISTANCE OF 2I75FEET; THENCE SOUTH 16°19' EAST A DISTANCE OF 299.99 FEET; THENCE SOUTH 68°41' WEST A DISTANCE OF 50.19 FEET; THENCE NORTH 16°19' WEST A DISTANCE OF 25 FEET; THENCE SOUTH 68°41' WEST A DISTANCE OF 425 FEET; THENCE NORTH J6019' WEST, A DISTANCE OF 50.19 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING A PART OF LOT I, BELLA VISTA UNIT 3, AS SHOWN ON MAP IN MAP BOOK 9, PAGE 298, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND LOT 3, BELLA VISTA UNIT NO. 2, AS SHOWN ON MAP IN MAP BOOK 11, PAGE 164, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. This legal description includes any/all adjoining right-of-way relating to the subject property. Strike through passages are deleted. 6 Underlined passages are added. 2022-O-06 EXHIBIT “B” E Cory DrS Cory Dr N Cory Dr . Subject Property Date: 1/7/2022 E Cory DrS Cory Dr N Cory Dr Volusia County Property Appraiser . Date: 1/7/2022 Subject Property P/SP - Public/Semi-Public R-3 - SF Residential R-3 - SF Residential R-3 - SF Residential MH-2 - Manufactured Home Subdivision MH-2 - Manufactured Home Subdivision R-3 - SF Residential R-3 - SF Residential R-2 - SF Residential R-3 - SF Residential R-3 - SF Residential Rock Oak TrMoori ngLnE Cory DrHelmsmen Ln M astheadLn Hollow Oak Tr C h a r t e r L n Arbor Ln NavigatorsWayStarboardAveS Cory Dr N Cory Dr Hazelwood River Rd County: CW County: RCW County: R-3W P/SP - Public/Semi-Public R-3 - SF Residential R-3 - SF Residential R-3 - SF Residential MH-2 - Manufactured Home Subdivision MH-2 - Manufactured Home Subdivision R-3 - SF Residential R-3 - SF Residential R-2 - SF Residential R-3 - SF Residential R-3 - SF Residential Rock Oak TrMoori ngLnE Cory DrHelmsmen Ln M astheadLn Hollow Oak Tr C h a r t e r L n Arbor Ln NavigatorsWayStarboardAveS Cory Dr N Cory Dr Hazelwood River Rd County: CW County: RCW County: R-3W Subject Property Parcel: 8412-05-00-0280 Proposed City Zoning: R-3 - Single Family Residential This map is for illustrative purposes only. The data represented is provided as a public service for general information and should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. . Date: 1/7/2022 Existing Proposed Subject Property Parcel: 8412-05-00-0280 Current County Zoning: R-3W - Urban Single-Family Residential ZONING AG - Agriculture RT - Rural Transitional R-1 - SF Residential R-2 - SF Residential R-3 - SF Residential R-4 - MF Residential R-5 - MF Residential RPUD - Residential Planned Unit Development RP - Residential Professional Office MH-1 - Mobile Home Park MH-2 - Manufactured Home Subdivision B-2 - Neighborhood Business B-3 - Highway Commercial B-4 - Tourist Commercial BPUD - Business Planned Unit Development I-1 - Light Industrial I-2 - Heavy Industrial IPUD - Industrial Planned Unit Development R - Recreation P/SP - Public/Semi-Public EC/CC - Employment Center/Community Center CN - Conservation MUPUD - Mixed Use Planned Unit Development City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2022-O-11,Version:1 COUNCIL AGENDA ITEM SUBJECT: 1st Reading - Ordinance No. 2022-O-11 - Fire Services Special Assessment DEPARTMENT: Finance / Fire SUMMARY: The City Council is in the process of reviewing the Fire Services Assessment that would be imposed against real property for the purpose of paying for fire protection services.The City has contracted with Government Service Group,Inc.to review and recommend a methodology and amount for fire service assessment.A workshop was held on April 18,2022 in which the consultants presented detailed information on the Fire Assessment Program. After review of the Fire Assessment program detail,the City Council provided consensus to move forward with the process of implementation of a Fire Service Assessment program. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No. 2022-O-11 City of Edgewater Printed on 4/19/2022Page 1 of 1 powered by Legistar™ Struck through passages are deleted. 1 Underlined passages are added. #2022-O-11 ORDINANCE NO. 2022-O-11 AN ORDINANCE OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, PROVIDING FOR THE IMPLEMENTATION OF FIRE SERVICES SPECIAL ASSESSMENTS; PROVIDING DEFINITIONS FOR THE PROPOSED FIRE ASSESSMENT AND COLLECTION METHOD; PROVIDING FOR LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT, GENERAL AUTHORITY, AND APPLICABILITY THROUGHOUT THE CITY; PROVIDING FOR INITIAL PROCEEDINGS; DIRECTING IMPOSITION OF INITIAL ASSESSMENT ROLL; PROVIDING NOTICE BY PUBLICATION AND MAIL; PROVIDING FOR ADOPTION AND EFFECT OF FINAL ASSESSMENT RESOLUTION; PROVIDING ANNUAL ADOPTION PROCEDURES; PROVIDING LIENS FOR AND REVISIONS TO FIRE SERVICES ASSESSMENTS; PROVIDING FOR PROCEDURAL IRREGULARITIES AND CORRECTION OF ERRORS AND OMISSIONS; PROVIDING FOR INTERIM ASSESSMENTS AND AN ALTERNATIVE METHOD OF COLLECTION; PROVIDING FOR CONFLICTS, CODIFICATION, AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Pursuant to Article VIII, section 2(b), Florida Constitution, and sections 166.021 and 166.041, Florida Statutes, the City Council has all powers of local self-government to perform municipal functions and to render municipal services in a manner not inconsistent with law, and such power may be exercised by the enactment of City ordinances. WHEREAS, the City Council desires to provide procedures and standards for the imposition of City-wide fire services assessments under the general home rule powers of a municipality to impose special assessments. WHEREAS, the City Council finds that the property assessed herein enjoys a special benefit from the provision of fire protection services. WHEREAS, the City Council of the City of Edgewater hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Edgewater. Struck through passages are deleted. 2 Underlined passages are added. #2022-O-11 NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida: Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference as legislative findings of the City Council. Section 2. The title to Chapter 16, of the City of Edgewater Code of Ordinances is hereby changed from “TAXATION” to “TAXATION AND RELATED FIRE SERVICES SPECIAL ASSESSMENTS.” Section 3. Chapter 16, Taxation, of the City of Edgewater Code of Ordinances is hereby amended as follows by adding a new Part VII ARTICLE II entitled “FIRE SERVICES SPECIAL ASSESSMENTS,” and shall read as follows: PART A. AMEND CHAPTER 16 TAXATION AND FIRE SERVICES SPECIAL ASSESSMENTS ARTICLE I – IN GENERAL Sec. 16-1. Definitions. As used in this chapter: Annual rate resolution means the resolution described in section 16-913 establishing the rate at which a fire services assessment for a specific fiscal year will be computed. The final assessment resolution shall constitute the annual rate resolution for the initial fiscal year in which a fire services assessment is imposed or reimposed. Assessed property means all parcels of land included on the assessment roll that receive a special benefit from the delivery of the fire services, programs or facilities identified in the initial assessment resolution or a subsequent preliminary rate resolution. Assessment roll means the special assessment roll relating to a fire services assessment approved by a final assessment resolution pursuant to section 16-912 or an annual rate resolution pursuant to section 16-913. Building means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel, or property of any kind, including mobile homes. This term shall include the use of land in which lots or spaces are offered for use, rent or lease for the placement of mobile homes, travel trailers, or the like for residential purposes. Certificate of occupancy means the written certification issued by the city that a building is ready for occupancy for its intended use. For the purposes of this part, a set up or tie down permit or its equivalent issued for a mobile home shall be considered a certificate of occupancy. City means the City of Edgewater, Florida. Struck through passages are deleted. 3 Underlined passages are added. #2022-O-11 City clerk means the clerk of the city council. City Council means the city council of the City of Edgewater, Florida. City manager means the chief administrative officer of the city, designated by the city council to be responsible for coordinating fire services assessments or such person's designee. County means Volusia County, Florida. Electronic transfer means the use of the automated clearing house (the "ACH"), or other electronic transfer system approved on a case-by-case basis, to send the taxes collected directly from the seller's bank to the bank designated by the city to receive such transfer. Final assessment resolution means the resolution described in section 16-911 hereof which shall confirm, modify, or repeal the initial assessment resolution and which shall be the final proceeding for the initial imposition of fire services assessments. Fire services assessment means a special assessment lawfully imposed by the city council against assessed property to fund all or any portion of the cost of the provision of fire services, facilities, or programs providing a special benefit to property as a consequence of possessing a logical relationship to the value, use, or characteristics of the assessed property. Fire services assessed cost means the amount determined by the city council to be assessed in any fiscal year to fund all or any portion of the cost of the provision of fire services, facilities, or programs which provide a special benefit to assessed property, and shall include, but not be limited to, the following components: (1) The cost of physical construction, reconstruction or completion of any required facility or improvement; (2) The costs incurred in any required acquisition or purchase; (3) The cost of all labor, materials, machinery, and equipment; (4) The cost of fuel, parts, supplies, maintenance, repairs, and utilities; (5) The cost of computer services, data processing, and communications; (6) The cost of all lands and interest therein, leases, property rights, easements, and franchises of any nature whatsoever; (7) The cost of any indemnity or surety bonds and premiums for insurance; (8) The cost of salaries, volunteer pay, workers' compensation insurance, or other employment benefits; (9) The cost of uniforms, training, travel, and per diem; (10) The cost of construction plans and specifications, surveys, and estimates of costs; (11) The cost of engineering, financial, legal, and other professional services; (12) The cost of compliance with any contracts or agreements entered into by the city to provide fire services; (13) All costs associated with the structure, implementation, collection, and enforcement of the fire services assessments, including any service charges of the tax collector, or property appraiser and amounts necessary to off-set discounts received for early Struck through passages are deleted. 4 Underlined passages are added. #2022-O-11 payment of fire services assessments pursuant to the uniform assessment collection act or for early payment of fire services assessments collected pursuant to section 16-913; (14) All other costs and expenses necessary or incidental to the acquisition, provision, or construction of fire services, facilities, or programs, and such other expenses as may be necessary or incidental to any related financing authorized by the city council by subsequent resolution; (15) A reasonable amount for contingency and anticipated delinquencies and uncollectible fire services assessments; and (16) Reimbursement to the city or any other person for any moneys advanced for any costs incurred by the city or such person in connection with any of the foregoing components of fire services assessed cost. In the event the city also imposes an impact fee upon new growth or development for fire services related capital improvements, the fire services assessed cost shall not include costs attributable to capital improvements necessitated by new growth or development that will be paid by such impact fees. The fire services assessed cost shall also not include costs for the provision of emergency medical services by the city. Fiscal year means that period commencing October 1st of each year and continuing through the next succeeding September 30th, or such other period as may be prescribed by law as the fiscal year for the city. Government property means property owned by the United States of America or any agency thereof, a sovereign state or nation, the State of Florida or any agency thereof, a county, a special district or a municipal corporation. Initial assessment resolution means the resolution described in section 16-910 which shall be the initial proceeding for the identification of the fire services assessed cost for which an assessment is to be made and for the imposition of a fire services assessment. Interstate, as applied to telecommunication services, means originating in the state but not terminating in this state, or terminating in this state but not originating in this state. Local telephone service means: (a) The access to a local telephone system, and the privilege of telephonic-quality communication with substantially all persons having telephone or radio telephone stations constituting a part of such local telephone system; or (b) Any facility or service provided in connection with a service described in paragraph (a). Local telephone service does not include any service which is a toll telephone service, private communication service, cellular mobile telephone or telecommunication service, specialized mobile radio, or pagers and paging service, including but not limited to beepers and any other form of mobile and portable one-way or two-way communication, or teletypewriter or computer exchange service. Maximum assessment rate means the highest rate of a fire services assessment established by the city council in an initial assessment resolution or preliminary rate resolution and confirmed by the city council in the final assessment resolution or annual rate resolution. Struck through passages are deleted. 5 Underlined passages are added. #2022-O-11 Ordinance means the fire services special assessments ordinance from which this part is derived. Owner shall mean the person reflected as the owner of assessed property on the tax roll. Part means this Part Article II, Sections 16-9 through 16-22, “Fire Services Special Assessments.” Person means any individual, partnership, firm, organization, corporation, association, or any other legal entity, whether singular or plural, masculine or feminine, as the context may require. Preliminary rate resolution means the resolution described in section 16-913 initiating the annual process for updating the assessment roll and directing the reimposition of fire services assessments pursuant to an annual rate resolution. Private communication service means: (a) A communication service furnished to a subscriber or user that entitles the subscriber or user to exclusive or priority use of a communication channel or groups of channels, or to the use of an intercommunication system for the subscriber's stations, regardless of whether such channel, groups of channels, or intercommunication system may be connected through switching with local telephone service, teletypewriter or computer exchange service, or toll telephone service; (b) Switching capacity, extension lines, and stations, or other associated services which are provided in connection with, and which are necessary or unique to the use of channels or systems described in paragraph (a); or (c) The channel mileage which connects a telephone station located outside a local telephone system area with a central office in such local telephone system. Property appraiser means the Volusia County Property Appraiser. Remit, remittance and remitting, for purposes of the tax imposed by this chapter, mean the sending by the seller and the receipt by the city of all taxes levied and collected pursuant to this chapter. Seller means a person, firm, corporation, or other legal entity who sells directly to the consumer. Tax collector means the Volusia County Tax Collector. Tax roll means the real property ad valorem tax assessment roll maintained by the property appraiser for the purpose of the levy and collection of ad valorem taxes. Telecommunication service means: (a) Local telephone service, toll telephone service, telegram or telegraph service, teletypewriter or computer exchange service, or private communication service; or (b) Cellular mobile telephone or telecommunication service, specialized mobile radio, and pagers and paging service, including but not limited to "beepers" and any other form of mobile and portable one-way or two-way communication, but does not include services or equipment incidental to telecommunication services enumerated in this paragraph such as maintenance of customer premises equipment, whether Struck through passages are deleted. 6 Underlined passages are added. #2022-O-11 owned by the customer or not, or equipment sales or rental for which charges are separately stated, itemized, or described on the bill, invoice, or other tangible evidence of the provision of such service. Teletypewriter or computer exchange service means the access from a teletypewriter, telephone, computer, or other data station of which such station is a part, and the privilege of intercommunication by such station with substantially all persons having teletypewriter, telephone, computer, or other data stations constituting a part of the same teletypewriter or computer exchange system, to which the subscriber or user is entitled upon payment of a charge or charges, whether such charge or charges are determined as a flat periodic amount, on the basis of distance and elapsed transmission time, or some other method. Teletypewriter or computer exchange service does not include local telephone service or toll telephone service. Toll telephone service means: (a) A telephonic-quality communication for which there is a toll charge which varies in amount with the distance and elapsed transmission time of each individual communication; or (b) A service which entitles the subscriber or user, upon the payment of a periodic charge which is determined as a flat amount or upon the basis of total elapsed transmission time, to the privilege of an unlimited number of telephonic communications to or from all or a substantial portion of the persons having telephone or radio telephone stations in a specified area which is outside the local telephone system area in which the station provided with this service is located. Toll telephone service includes interstate and intrastate wide-area telephone service charges. Uniform Assessment Collection Act means F.S. §§ 197.3632 and 197.3635, or any successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. Sec. 16-2. Taxes imposed: Electricity, metered or bottled gas, fuel oil, telecommunication services. (a) The tax previously imposed pursuant to former section 16-1 on each purchase of electricity and metered or bottled gas (natural liquefied petroleum gas or manufactured) in the corporate limits of the city in the amount of ten percent of the payments received by the seller of the service from the purchaser for the purchase of the service shall continue in effect. (b) The tax previously imposed pursuant to former section 16-1 on fuel oil in the amount of $0.04 per gallon shall remain in effect. (c) Effective October 1, 1996, there is hereby imposed on each purchase of water service in the corporate limits of the city a tax in the amount of ten percent of the payments received by the seller of the service from the purchase of the service. (d) Local communications services tax implementation. (1) The city hereby acknowledges that on October 1, 2001, a new local communications services tax conversion rate will go into effect without any formal action by the city. Struck through passages are deleted. 7 Underlined passages are added. #2022-O-11 (2) For the period beginning October 1, 2001, and ending September 30, 2002, the city hereby invokes its authority, in accordance with the Act [Florida Communications Services Tax Simplification Act], to impose a local communications services tax rate of 5.5 percent. This new local communications services tax rate is the sum of the rate set forth in F.S. § 202.19(2)(a), plus the difference between the conversion rates set forth in F.S. §§ 202.20(1)(a) and (1)(b). The Act is designed to be revenue neutral. Consistent with this specific legislative intent of the act that the new tax structure provide revenue neutrality for local governments, the city hereby makes this adjustment. (3) F.S. § 202.20, requires that the city notify the department of revenue, by certified mail postmarked on or before July 16, 2001, of whether the city will elect to adjust its conversion rate to the maximum rate. This statutory section permits the city to adjust its local communications services tax rate by ordinance or resolution. In accordance with these prerogatives the city adopts this subsection. Likewise, the city hereby declares that this subsection shall be its notice to the department of revenue of the city's election to require an upward adjustment of the local communications services tax for the period beginning on October 1, 2001, and ending on September 30, 2002. (4) For the period beginning October 1, 2002, and continuing thereafter, the city hereby invokes its authority, in accordance with the Act, to impose the local communications services tax rate of 5.1 percent as set forth in F.S. § 202.19(2)(a). The city hereby declares that this subsection shall be its notice to the department of revenue of the city's election to require an adjustment of the local communications services tax for the period beginning on October 1, 2002, and continuing thereafter unless and until expressly repealed or preempted. The Act is designed to be revenue neutral. Consistent with this specific legislative intent of the Act that the new tax structure provide revenue neutrality for local governments, the city hereby makes this adjustment. (e) Local communications services tax rate. (1) Authority. The city hereby invokes its authority, in accordance with F.S. § 337.401(3)(c)1., to adjust its local communications services tax rate by the addition of 0.12 percent in lieu of requiring and collecting permit fees from any provider of communications services. The Act is designed to be revenue neutral. Consistent with this specific legislative intent of the Act that the new tax structure provide revenue neutrality for local governments, the city hereby makes this adjustment. (2) Adjustment. This adjustment shall be applied to the same communications services subject to the local communications services tax set forth in F.S. §§ 202.20(1)(a) and (1)(b), and F.S. § 202.19(2)(a). (3) Notification. F.S. § 337.401(3)(c)1. requires that the city notify the department of revenue, by certified mail postmarked on or before July 16, 2001, of whether the city will elect to forego the collection of permit fees. This statutory section permits the city to adjust its local communications services tax rate by ordinance or resolution. In accordance with these prerogatives the city adopts this subsection. Likewise, the city hereby declares that this subsection shall be its notice to the Struck through passages are deleted. 8 Underlined passages are added. #2022-O-11 department of revenue of the city's election to require an adjustment of the local communications services tax in lieu of collecting permit fees. (4) Term. The city hereby declares that this adjustment shall remain in effect until and unless otherwise expressly repealed by the city, irrespective of whether the city, in its discretion, maintains a local communications services tax rate under F.S. §§ 202.20(1)(a) and (1)(b) or F.S. § 202.19(2)(a). Sec. 16-3. Collection; liability of seller. (a) Pursuant to F.S. § 166.231, it shall be the duty of every seller of electricity, metered or bottled gas (natural liquefied petroleum gas or manufactured), water service, telecommunications service or fuel oil to collect from the purchaser at the time of payment for such service any tax imposed and levied pursuant to the provisions of this chapter. The seller shall then report and pay over to the finance director of the city on or before the 20th day of each calendar month all such taxes imposed and levied pursuant to the chapter for the preceding calendar month, whether or not such taxes were collected from the purchaser by the seller. In the event the 20th day falls on a Saturday, Sunday or holiday, the time shall be extended to the next business day following the Saturday, Sunday or holiday. The date of receipt of such taxes by the city will be the date post marked by the U.S. Postal Service, the day received by the finance director or if by electronic transfer, the date received by the bank as indicated on the bank statement. The finance director is authorized to prescribe the forms on which the reports shall be made. (b) It shall be unlawful for a seller to collect the purchase price of electricity, metered or bottled gas, water service, telecommunications service or fuel oil without collecting, reporting, and paying over to the city the tax imposed and levied pursuant to this chapter. (c) If a seller fails to pay the tax within the time required, there shall be added to the tax a penalty in the amount of ten percent for the first 30 days or fraction thereof, plus an additional five percent for each additional 30 days or fraction thereof during the time which the failure continues. (d) For the purpose of compensating the seller of telecommunications service, the seller shall be allowed one percent of the amount of the tax collected and due to the city in the form of a deduction from the amount collected for remittance. The deduction shall be allowed as compensation for the keeping of records and for the collection and remittance of the tax. Sec. 16-4. Records of purchases; inspection. (a) Each seller of electricity, metered or bottled gas (natural, liquefied, petroleum gas or manufactured), water service, telecommunication service or fuel oil shall keep complete records showing all purchases in the city of the service, which records shall show the purchase price, the date of purchase, and the date of payment. The records shall be kept open for inspection by the duly authorized agents of the city during business hours on all business days. The duly authorized agents of the city shall have the right, power and authority to audit, examine, and make transcripts of any and all business and/or sales records including those records stored on computer software or otherwise kept by electronic means, in any way pertaining to the sale, within the city limits during such times as they may desire. Struck through passages are deleted. 9 Underlined passages are added. #2022-O-11 (b) Sellers of telecommunications services taxable pursuant to the provisions of this chapter shall provide to the city, upon 60 days' notice, access to all applicable records for such telecommunications service. However, any information received by the city in connection with such audit is confidential and exempt from the provisions of F.S. § 119.07(l). (c) Records not located within the municipal limits of the city must be furnished by the seller to the city within 14 days of written demand except for telecommunication service which must be given 60 days' notice. Should the seller fail to comply with the written demand, the city may authorize an agent or officer of the city to conduct an audit at the location where the records are maintained, at the seller's expense. Sec. 16-5. Exemptions. The following are exempt from payment of the tax levied and imposed pursuant to this chapter: (1) The United States, the state and political subdivisions and agencies thereof. (2) Purchases by any recognized church for use exclusively for church purposes. (3) The purchase of natural gas or fuel oil by a public or private utility, either for resale or for use as fuel in the generation of electricity, or for the purchase of fuel oil or kerosene for use as an aircraft engine fuel or propellant or for use in internal combustion engines. (4) Purchases of local telephone service or other telecommunication services for use in the conduct of a telecommunication service for hire or otherwise for resale. (5) Sales of bottled water. Sec. 16-6. Computation of tax. The tax imposed and levied pursuant to the chapter may be computed on the aggregate amount of purchase during the monthly period, provided that the amount of the tax to be collected shall be the nearest whole cent to the amount computed. Sec. 16-7. Scope of tax. The purchase upon which a tax is imposed and levied pursuant to this chapter shall embrace and include any part of the transaction of purchase occurring in the city, whether it is the entering into of a contract for the purpose of the utility service, the payment of the charges or the use of lines, poles, pipes, wires or the streets for the transmission or delivery of the service. Sec. 16-8. Occupational license. The city clerk shall refuse to issue an occupational license to an applicant or to renew the same if the tax levied and imposed pursuant to this chapter applicable to the business has become delinquent or remains unpaid. ARTICLE II – FIRE SERVICES SPECIAL ASSESSMENTS Sec. 16-9 Introduction (a). Interpretation; title and citation. 1) Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto", "hereunder," Struck through passages are deleted. 10 Underlined passages are added. #2022-O-11 and similar terms refer to this part; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of the Ordinance from which this part derives. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 2) This part, being necessary for the welfare of the inhabitants of the city, shall be liberally construed to effect the purposes hereof. 3) This part shall be known and cited as “Fire Services Special Assessments Ordinance.” (b). General findings. It is hereby ascertained, determined, and declared that: (1) Pursuant to Article VIII, section 2(b), Florida Constitution and F.S. §§ 166.021 and 166.041, the city council has all powers of local self government to perform municipal functions and to render municipal services in a manner not inconsistent with law, and such power may be exercised by the enactment of city ordinances. (2) The city council may exercise any governmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and the city council may legislate on any subject matter on which the Florida Legislature may act, except those subjects described in of F.S. § 166.021(3) (a), (b), (c), and (d). The subject matter of F.S. § 166.021(3)(a), (b), (c), and (d), are not relevant to the imposition of assessments related to fire services, facilities or programs of the city. (3) The purpose of this part is to: a. Provide procedures and standards for the imposition of citywide fire services assessments under the general home rule powers of a municipality to impose special assessments; b. Authorize a procedure for the funding of fire services, facilities, or programs providing special benefits to property within the city; and c. Legislatively determine the special benefit provided to assessed property from the provision of the city's fire services. (4) The annual fire services assessments, to be imposed using the procedures provided in this part, shall constitute non-ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act. (5) The fire services assessments to be imposed using the procedures provided in this part are imposed by the city council, not the Volusia County Board of County Commissioners, property appraiser or tax collector. The duties of the property appraiser and tax collector under the provisions of this part and the Uniform Assessment Collection Act are ministerial. (c). Legislative determinations of special benefit. It is hereby ascertained and declared that the fire services, facilities, and programs provide a special benefit to property because fire services possess a logical relationship to the use and enjoyment of property by: (1) Protecting the value and integrity of the improvements and structures through the provision of available fire services; Struck through passages are deleted. 11 Underlined passages are added. #2022-O-11 (2) Protecting the life and safety of intended occupants in the use and enjoyment of property; (3) Lowering the cost of fire insurance by the presence of a professional and comprehensive fire program within the city; and (4) Containing the spread of fire incidents occurring on unimproved property with the potential to spread and endanger the structures and occupants of improved property. (d). Applicability. This part and the city council's authority to impose assessments pursuant hereto shall be applicable throughout the city. (e) Alternative method. (1) This part shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. (2) Nothing herein shall preclude the city council from directing and authorizing, by resolution, the combination with each other of: a Any supplemental or additional notice deemed proper, necessary, or convenient by the city; b Any notice required by this part; or c Any notice required by law, including the Uniform Assessment Collection Act. Sec. 16.-10. - Annual Fire Services Assessment (a). General authority. (1) The city council is hereby authorized to impose an annual fire services assessment to fund all or any portion of the fire services assessed cost upon benefited property within the incorporated area of the city at a rate of assessment based on the special benefit accruing to such property from the city's provision of fire services, facilities, or programs. All fire services assessments shall be imposed in conformity with the procedures set forth in this part. (2) The amount of the fire services assessment imposed in a fiscal year against a parcel of assessed property shall be determined pursuant to an apportionment methodology based upon a classification of property designed to provide a fair and reasonable apportionment of the fire services assessed cost among properties on a basis reasonably related to the special benefit provided by fire services, facilities, or programs funded with assessment proceeds. (3) Nothing contained in this part shall be construed to require the imposition of the fire services assessment against government property. (b). Initial proceedings. The initial proceeding for the imposition of a fire services assessment shall be the adoption of an initial assessment resolution by the city council: (1) Containing a brief and general description of the fire services, facilities, or programs to be provided; (2) Determining the fire services assessed cost to be assessed; Struck through passages are deleted. 12 Underlined passages are added. #2022-O-11 (3) Describing the method of apportioning the fire services assessed cost and the computation of the fire services assessment for specific properties; (4) Establishing an estimated assessment rate for the applicable fiscal year; (5) Establishing a maximum assessment rate, if desired by the city council; and (6) Directing the city manager to: a. Prepare the initial assessment roll, as required by section 16-910(c); b. Publish the notice required by section 16-910(d); and c. Mail the notice required by section 16-910(e) using information then available from the tax roll. (c). Initial assessment roll. (1) The city manager shall prepare, or direct the preparation of, the initial assessment roll, which shall contain the following: a A summary description of all assessed property conforming to the description contained on the tax roll. b The name of the owner of the assessed property. c The amount of the fire services assessment to be imposed against each such parcel of assessed property. (2) The initial assessment roll shall be retained by the city manager and shall be open to public inspection. The foregoing shall not be construed to require that the assessment roll be in printed form if the amount of the fire services assessment for each parcel of property can be determined by use of a computer terminal available to the public. (d). Notice by publication. (1) Upon completion of the initial assessment roll, the city manager shall publish, or direct the publication of, once in a newspaper of general circulation within the city a notice stating that at a meeting of the city council on a certain day and hour, not earlier than 20 calendar days from such publication, which meeting shall be a regular, adjourned, or special meeting, the city council will hear objections of all interested persons to the final assessment resolution which shall establish the rate of assessment and approve the aforementioned initial assessment roll. (2) The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Such notice shall include: a. A geographic depiction of the property subject to the fire services assessment; b. A brief and general description of the fire services, facilities, or programs to be provided; c. The rate of assessment including a maximum assessment rate in the event one was adopted; d. The procedure for objecting provided in section 16-911; e. The method by which the fire services assessment will be collected; and Struck through passages are deleted. 13 Underlined passages are added. #2022-O-11 f. A statement that the initial assessment roll is available for inspection at the office of the city manager and all interested persons may ascertain the amount to be assessed against a parcel of assessed property at the office of the city manager. (e). Notice by mail. (1) In addition to the published notice required by section 16-910, the city manager shall provide notice, or direct the provision of notice, of the proposed fire services assessment by first class mail to the owner of each parcel of property subject to the fire services assessment. (2) Such notice shall include: a. The purpose of the fire services assessment; b. The rate of assessment to be levied against each parcel of property, including a maximum assessment rate in the event one was adopted; c. The unit of measurement applied to determine the fire services assessment; d. The number of such units contained in each parcel of property; e. The total revenue to be collected by the city from the fire services assessment; f. A statement that failure to pay the fire services assessment will cause a tax certificate to be issued against the property or foreclosure proceedings to be instituted, either of which may result in a loss of title to the property; g. A statement that all affected owners have a right to appear at the hearing and to file written objections with the city council within 20 days of the notice; and h. The date, time, and place of the hearing. (3) The mailed notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Notice shall be mailed at least 20 calendar days prior to the hearing to each owner at such address as is shown on the tax roll. Notice shall be deemed mailed upon delivery thereof to the possession of the United States Postal Service. The city manager may provide proof of such notice by affidavit. Failure of the owner to receive such notice due to mistake or inadvertence shall not affect the validity of the assessment roll nor release or discharge any obligation for payment of a fire services assessment imposed by the city council pursuant to this part. Sec. 16-11. - Adoption of final assessment resolution. (a) At the public hearing as noticed pursuant to sections 16-910, or to which an adjournment or continuance may be taken by the city council, the city council shall receive any oral or written objections of interested persons and may then, or at any subsequent meeting of the city council adopt the final assessment resolution which shall: (1) Confirm, modify, or repeal the initial assessment resolution with such amendments, if any, as may be deemed appropriate by the city council; (2) Establish the rate of assessment to be imposed in the upcoming fiscal year; (3) Establish a maximum assessment rate that may be imposed in the event such rate was adopted; Struck through passages are deleted. 14 Underlined passages are added. #2022-O-11 (4) Approve the initial assessment roll, with such amendments as it deems just and right; and (5) Determine the method of collection. (b) The adoption of the final assessment resolution by the city council shall constitute a legislative determination that all parcels assessed derive a special benefit from the fire services, facilities, or programs to be provided or constructed and a legislative determination that the fire services assessments are fairly and reasonably apportioned among the properties that receive the special benefit. (c) All written objections to the final assessment resolution shall be filed with the city manager at or before the time or adjourned time of such hearing. The final assessment resolution shall constitute the annual rate resolution for the initial fiscal year in which fire services assessments are imposed or reimposed hereunder. Sec. 16-12. - Effect of final assessment resolution. The fire services assessments for the initial fiscal year shall be established upon adoption of the final assessment resolution. The adoption of the final assessment resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the assessed property; the method of apportionment and assessment; the initial rate of assessment; the maximum assessment rate, if any; the initial assessment roll; and the levy and lien of the fire services assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of the city council action on the final assessment resolution. The initial assessment roll, as approved by the final assessment resolution, shall be delivered to the tax collector, as required by the Uniform Assessment Collection Act, or if the alternative method described in section 16-923 is used to collect the fire services assessments, such other official as the city council by resolution shall designate. Sec. 16-13. - Adoption of annual rate resolution. (a) The city council shall adopt an annual rate resolution during its budget adoption process for each fiscal year following the initial fiscal year for which a fire services assessment is imposed hereunder. (b) The initial proceedings for the adoption of an annual rate resolution shall be the adoption of a preliminary rate resolution by the city council: (1) Containing a brief and general description of the fire services, facilities, or programs to be provided; (2) Determining the fire services assessed cost to be assessed for the upcoming fiscal year; (3) Establishing the estimated assessment rate for the upcoming fiscal year; (4) Establishing or increasing a maximum assessment rate, if desired by the city council; (5) Authorizing the date, time, and place of a public hearing to receive and consider comments from the public and consider the adoption of the annual rate resolution for the upcoming fiscal year; and (6) Directing the city manager to: a. Update the assessment roll; Struck through passages are deleted. 15 Underlined passages are added. #2022-O-11 b. Provide notice by publication and first class mail to affected owners in the event circumstances described in subsection (f) of this section so require; and c. Directing and authorizing any supplemental or additional notice deemed proper, necessary or convenient by the city. (c) The annual rate resolution shall (1) establish the rate of assessment to be imposed in the upcoming fiscal year and (2) approve the assessment roll for the upcoming fiscal year with such adjustments as the city council deems just and right. The assessment roll shall be prepared in accordance with the method of apportionment set forth in the initial assessment resolution, or any subsequent preliminary rate resolution, together with modifications, if any, that are provided and confirmed in the final assessment resolution or any subsequent annual rate resolution. (d) Nothing herein shall preclude the city council from providing annual notification to all owners of assessed property in the manner provided in sections 16-910 or any other method as provided by law. (e) The city council may establish or increase a maximum assessment rate in an initial assessment resolution or preliminary rate resolution and confirm such maximum assessment rate in the event notice of such maximum rate assessment has been included in the notices required by section 16-910 herein. (f) In the event (1) the proposed fire services assessment for any fiscal year exceeds the rates of assessment adopted by the city council including a maximum assessment rate, if any, that were listed in the notices previously provided to the owners of assessed property pursuant to section 16-910, (2) the purpose for which the fire services assessment is imposed or the use of the revenue from the fire services assessment is substantially changed from that represented by notice previously provided to the owners of assessed property pursuant to sections 16-910 and 16-9, (3) assessed property is reclassified or the method of apportionment is revised or altered resulting in an increased fire services assessment from that represented by notice previously provided to the owners of assessed property pursuant to section 16-910, or (4) an assessment roll contains assessed property that was not included on the assessment roll approved for the prior fiscal year, notice shall be provided by publication and first class mail to the owners of such assessed property as provided by law. Such notice shall substantially conform with the notice requirements set forth in section 16- 910 and inform the owner of the date, time, and place for the adoption of the annual rate resolution. The failure of the owner to receive such notice due to mistake or inadvertence shall not affect the validity of the assessment roll nor release or discharge any obligation for payment of a fire services assessment imposed by the city council pursuant to this part. (g) As to any assessed property not included on an assessment roll approved by the adoption of the final assessment resolution or a prior year's annual rate resolution, the adoption of the succeeding annual rate resolution shall be the final adjudication of the issues presented as to such assessed property (including, but not limited to, the determination of special benefit and fair apportionment to the assessed property, the method of apportionment and assessment, the rate of assessment, the establishment or increase of a maximum assessment rate, the assessment roll, and the levy and lien of the fire services assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of the city council action on the annual rate resolution. Nothing contained herein shall be construed or interpreted to affect the finality of any fire services assessment Struck through passages are deleted. 16 Underlined passages are added. #2022-O-11 not challenged within the required 20-day period for those fire services assessments previously imposed against assessed property by the inclusion of the assessed property on an assessment roll approved in the final assessment resolution or any subsequent annual rate resolution. (h) The assessment roll, as approved by the annual rate resolution, shall be delivered to the tax collector as required by the Uniform Assessment Collection Act or if the alternative method described in section 16-923 is used to collect the fire services assessments, such other official as the city council by resolution shall designate. If the fire services assessment against any property shall be sustained, reduced, or abated by the court, an adjustment shall be made on the assessment roll. Sec. 16-14. - Lien of fire services assessments. Upon the adoption of the assessment roll, all fire services assessments shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other prior liens, mortgages, titles, and claims, until paid. The lien for a fire services assessment shall be deemed perfected upon the city council's adoption of the final assessment resolution or the annual rate resolution, whichever is applicable. The lien for a fire services assessment collected under the Uniform Assessment Collection Act shall attach to the property included on the Assessment Roll as of the prior January 1, the lien date for ad valorem taxes imposed under the tax roll. The lien for a fire services assessment collected under the alternative method of collection provided in section 16-923 shall be deemed perfected upon the city council's adoption of the final assessment resolution or the annual rate resolution, whichever is applicable, and shall attach to the property on such date of adoption. Sec. 16-15. - Authorization for exemptions and hardship assistance. (a) The city council, in its sole discretion, shall determine on an annual basis whether to provide exemptions from payment of the fire services assessment for government property or institutional property whose use is wholly or partially exempt from ad valorem taxation under Florida law. (b) The city council, in its sole discretion, shall determine on an annual basis whether to provide a program of hardship assistance to city residents who are living below or close to the poverty level and are at risk of losing title to their homes as a result of the imposition of the fire services assessments. (c) On an annual basis, the city council shall designate the funds available, if any, to provide any exemptions or hardship assistance. The provision of an exemption or hardship assistance in any one year shall in no way establish a right or entitlement to such exemption or assistance in any subsequent year and the provision of funds in any year may be limited to the extent funds are available and appropriated by the city council. Any funds designated for exemptions or hardship assistance shall be paid by the city from funds other than those generated by the fire services assessment. (d) Any shortfall in the expected fire services assessment proceeds due to any hardship assistance or exemptions from payment of the fire services assessments required by law or authorized by the city council shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the fire services assessments. In the event a court of competent jurisdiction determines any exemption or reduction by the city council is improper or otherwise adversely affects the Struck through passages are deleted. 17 Underlined passages are added. #2022-O-11 validity of the fire services assessment imposed for any fiscal year, the sole and exclusive remedy shall be the imposition of a fire services assessment upon each affected tax parcel in the amount of the fire services assessment that would have been otherwise imposed save for such reduction or exemption afforded to such tax parcel by the city council. Sec. 16-16 - Government property. (a) In the event fire services assessments are imposed against government property, the city council shall provide fire services assessment bills by first class mail to the owner of each affected parcel of government property. The bill or accompanying explanatory material shall include: (1) A brief explanation of the fire services assessment; (2) A description of the unit of measurement used to determine the amount of the fire services assessment; (3) The number of units contained within the parcel; (4) The total amount of the parcel's fire services assessment for the appropriate period; (5) The location at which payment will be accepted; and (6) The date on which the fire services assessment is due. (b) Fire services assessments imposed against government property shall be due on the same date as all other fire services assessments and, if applicable, shall be subject to the same discounts for early payment. (c) A fire services assessment shall become delinquent if it is not paid within 30 days from the date payment was due, as identified in paragraph (a)(6) of this section. The city council shall notify the owner of any government property that is delinquent in payment of its fire services assessment within sixty (60) days from the date such assessment was due. Such notice shall state that the city council will initiate a mandamus or other appropriate judicial action to compel payment. (d) All costs, fees and expenses, including reasonable attorneys’ fees and title search expenses, related to any mandamus or other action as described herein shall be included in any judgment or decree rendered therein. All delinquent owners of government property against which a mandamus or other appropriate action is filed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the city, including reasonable attorneys’ fees, in collection of such delinquent fire services assessments and any other costs incurred by the city council as a result of such delinquent fire services assessments and the same shall be collectible as a part of or in addition to, the costs of the action. (e) As an alternative to the foregoing, a fire services assessment imposed against government property may be collected as a surcharge on a utility bill provided to such government property in periodic installments with a remedy of a mandamus action in the event of non- payment. The city council may contract for such billing services with any utility, whether or not such utility is owned by the city. Sec. 16-17. - Revisions to fire services assessments. If any fire services assessment made under the provisions of this part is either in whole or in part annulled, vacated, or set aside by the judgment of any court, or if the city council is satisfied that any such fire services assessment is so irregular or defective that the same cannot be Struck through passages are deleted. 18 Underlined passages are added. #2022-O-11 enforced or collected, or if the city council has failed to include or omitted any property on the assessment roll, which property should have been so included, the city council may take all necessary steps to impose a new fire services assessment against any property benefited by the fire services assessed costs, following as nearly as may be practicable, the provisions of this part and in case such second fire services assessment is annulled, vacated, or set aside, the city council may obtain and impose other fire services assessments until a valid fire services assessment is imposed. Sec16-18. - Procedural irregularities. Any informality or irregularity in the proceedings in connection with the levy of any fire services assessment under the provisions of this part shall not affect the validity of the same after the approval thereof, and any fire services assessment as finally approved shall be competent and sufficient evidence that such fire services assessment was duly levied, that the fire services assessment was duly made and adopted, and that all other proceedings adequate to such fire services assessment were duly had, taken, and performed as required by this part; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. Sec. 16-19 - Correction of errors and omissions. (a) No act of error or omission on the part of the property appraiser, tax collector, city manager, city council, or their deputies or employees, shall operate to release or discharge any obligation for payment of a fire services assessment imposed by the city council under the provision of this part. (b) When it shall appear that any fire services assessment should have been imposed under this part against a parcel of property specially benefited by the provision of fire services, facilities, or programs, but that such property was omitted from the assessment roll; or such property was erroneously assessed; or was not listed on the tax roll as an individual parcel of property as of the effective date of the assessment roll approved by the annual rate resolution for any upcoming fiscal year, the city council may, upon provision of a notice by mail provided to the owner of the omitted or erroneously assessed parcel in the manner and form provided in section 16-120, impose the applicable fire services assessment for the fiscal year in which such error or omission is discovered, in addition to the applicable fire services assessment due for the prior two fiscal years. Such fire services assessment shall constitute a lien against assessed property equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments, and superior in rank and dignity to all other prior liens, mortgages, titles, and claims in and to or against the real property involved, shall be collected as provided in Subpart 3 of this partsection 16-22 or section 16-23, and shall be deemed perfected on the date of adoption of the resolution imposing the omitted or delinquent assessments. (c) Prior to the delivery of the assessment roll to the tax collector in accordance with the Uniform Assessment Collection Act, the city manager shall have the authority at any time, upon his or her own initiative or in response to a timely filed petition from the owner of any property subject to a fire services assessment, to reclassify property based upon presentation of competent and substantial evidence, and correct any error in applying the fire services assessment apportionment method to any particular parcel of property not otherwise requiring the provision of notice pursuant to the Uniform Assessment Collection Act. Any such correction shall be considered valid ab initio and shall in no way affect the enforcement Struck through passages are deleted. 19 Underlined passages are added. #2022-O-11 of the fire services assessment imposed under the provisions of this part. All requests from affected property owners for any such changes, modifications or corrections shall be referred to, and processed by, the city manager and not the property appraiser or tax collector. (d) After the assessment roll has been delivered to the tax collector in accordance with the Uniform Assessment Collection Act, any changes, modifications, or corrections thereto shall be made in accordance with the procedures applicable to correcting errors and insolvencies on the tax roll upon timely written request and direction of the city manager. Sec. 16-21 - Interim assessments. (a) An interim fire services assessment may be imposed against all property for which a certificate of occupancy is issued after the adoption of the annual rate resolution. The amount of the interim fire services assessment shall be calculated upon a monthly rate, which shall be one-twelfth of the annual rate for such property computed in accordance with the annual rate resolution for the fiscal year for which the interim fire services assessment is being imposed. Such monthly rate shall be imposed for each full calendar month remaining in the fiscal year. In addition to the monthly rate, the interim fire services assessment may also include an estimate of the subsequent fiscal year's fire services assessment. (b) Issuance of the certificate of occupancy without the payment in full of the interim fire services assessment shall not relieve the owner of such property of the obligation of full payment. Any interim fire services assessment not collected prior to the issuance of the certificate of occupancy may be collected pursuant to the Uniform Assessment Collection Act as provided in section 16-22 of this part, under the alternative collection method provided in section 16-23 or by any other method authorized by law. (c) Any interim fire services assessment shall be deemed due and payable on the date the certificate of occupancy was issued and shall constitute a lien against such property as of that date. Said lien shall be equal in rank and dignity with the liens of all state, county, district or municipal taxes and special assessments, and superior in rank and dignity to all other liens, encumbrances, titles and claims in and to or against the real property involved and shall be deemed perfected upon the issuance of the certificate of occupancy. Sec. 16-22. - Method of collection (a) Unless otherwise directed by the city council, the fire services assessments shall be collected pursuant to the uniform method provided in the Uniform Assessment Collection Act, and the city shall comply with all applicable provisions of the Uniform Assessment Collection Act. Any hearing or notice required by this part may be combined with any other hearing or notice required by the Uniform Assessment Collection Act or other provision of law. (b) The amount of a fire services assessment to be collected using the uniform method pursuant to the Uniform Assessment Collection Act for any specific parcel of benefited property may include an amount equivalent to the payment delinquency, delinquency fees and recording costs for a prior year's assessment for a comparable service, facility, or program provided: (1) The collection method used in connection with the prior year's assessment did not employ the use of the uniform method of collection authorized by the Uniform Assessment Collection Act; (2) Notice is provided to the owner as required under the Uniform Assessment Collection Act; and Struck through passages are deleted. 20 Underlined passages are added. #2022-O-11 (3) Any lien on the affected parcel for the prior year's assessment is supplanted and transferred to such fire services assessment upon certification of a non-ad valorem roll to the tax collector by the city. Sec. 16-23. - Alternative method of collection. In lieu of using the Uniform Assessment Collection Act, the city council may elect to collect the fire services assessments by any other method which is authorized by law or under the alternative collection method provided by this section: (a) The city manager shall provide fire services assessment bills by first class mail to the owner of each affected parcel of property that is subject to the fire services assessment. The bill or accompanying explanatory material shall include: (1) A brief explanation of the fire services assessment; (2) A description of the unit of measurement used to determine the amount of the fire services assessment; (3) The number of units contained within the parcel; (4) The total amount of the fire services assessment imposed against the parcel for the appropriate period; (5) The location at which payment will be accepted; (6) The date on which the fire services assessment is due; and (7) A statement that the fire services assessment constitutes a lien against assessed property equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. (b) A general notice of the lien resulting from imposition of the fire rescue assessments shall be recorded in the official records of the city. Nothing herein shall be construed to require that individual liens or releases be filed in the official records. (c) The city council shall have the right to foreclose and collect all delinquent fire services assessments in the manner provided by law for the foreclosure of mortgages on real property or appoint or retain an agent to institute such foreclosure and collection proceedings. A fire services assessment shall become delinquent if it is not paid within 30 days from the date payment was due, as identified in accordance with subsection (1)f.(a)(6) of this section. The city manager or his or her designee shall notify any property owner who is delinquent in payment of his or her fire services assessment within 60 days from the date such assessment was due. Such notice shall state in effect that the city manager or his or her designee will either (1) initiate a foreclosure action or suit in equity and cause the foreclosure of such property subject to a delinquent fire services assessment in a method now or hereafter provided by law for foreclosure of mortgages on real property, or (2) cause an amount equivalent to the delinquent fire services assessment, not previously subject to collection using the uniform method under the Uniform Assessment Collection Act, to be collected on the tax bill for a subsequent year. (d) All costs, fees and expenses, including reasonable attorneys’ fees and title search expenses, related to any foreclosure action as described herein shall be included in any judgment or decree rendered therein. At the sale pursuant to decree in any such action, the city may be the purchaser to the same extent as any person. The city manager or his or her designee may join Struck through passages are deleted. 21 Underlined passages are added. #2022-O-11 in one foreclosure action the collection of fire services assessments against any or all property assessed in accordance with the provisions hereof. All delinquent owners whose property is foreclosed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the city and its agents, including reasonable attorneys’ fees, in collection of such delinquent fire services assessments and any other costs incurred by the city as a result of such delinquent fire services assessments and the same shall be collectible as a part of or in addition to, the costs of the action. (e) In lieu of foreclosure, any delinquent fire services assessment and the costs, fees and expenses attributable thereto, may be collected pursuant to the Uniform Assessment Collection Act; provided however, that (1) notice is provided to the owner in the manner required by the Uniform Assessment Collection Act and this part, and (2) any existing lien of record on the affected parcel for the delinquent fire services assessment is supplanted by the lien resulting from certification of the assessment roll, as applicable, to the tax collector. (f) Notwithstanding the city council's use of an alternative method of collection, the city manager shall have the same power and authority to correct errors and omissions as provided to the city manager or other city officials in section 16-19 herein. (g) Any city council action required in the collection of fire services assessments may be by resolution. 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 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 Struck through passages are deleted. 22 Underlined passages are added. #2022-O-11 This ordinance shall take effect upon adoption. PART F. ADOPTION After Motion to approve by _______________________________with Second by ____________________________________________________________the vote on the first reading of this ordinance held on, ________________________________was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilwoman Megan O’Keefe Councilman Jonah Powers After Motion to approve by _______________________________ with Second by ____________________________________________________________the vote on the second reading of this ordinance held on _________________________________, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilwoman Megan O’Keefe Councilman Jonah Powers Struck through passages are deleted. 23 Underlined passages are added. #2022-O-11 PASSED AND DULY ADOPTED this _____ day of __________________, 2022. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Mike Thomas Mayor ATTEST: Bonnie Zlotnik, CMC City Clerk 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 day of , 2022 under Agenda Item No 8_____ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2022-R-08,Version:1 COUNCIL AGENDA ITEM SUBJECT: Resolution No.2022-R-08;amending the required number of board members and quorum of the Environmental Advisory Board. DEPARTMENT: City Clerk SUMMARY: On August 3,2020 City Council adopted Resolution 2020-R-20;creating an Environmental Advisory Board. Section 2 of Resolution 2020-R-20 required the Board to consist of seven (7)members with five (5)members constituting a quorum.At their regular meeting of July 12,2021 City Council determined the Board would be more effective with five (5) members. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to adopt Resolution 2022-R-08. City of Edgewater Printed on 4/19/2022Page 1 of 1 powered by Legistar™ 2022-R-08 1 RESOLUTION NO. 2022-R-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING RESOLUTION 2020-R-20 BY MODIFYING THE REQUIRED NUMBER OF MEMBERS AND QUORUM OF THE ENVIRONMENTAL ADVISORY BOARD; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during the August 3, 2020 City Council Meeting, Council adopted Resolution 2020-R-20; creating an Environmental Advisory Board for the betterment of the City of Edgewater; and WHEREAS, Section 2 of Resolution 2020-R-20 required the Board to consist of seven (7) members with five (5) members constituting a quorum; and WHEREAS, during the July 12, 2021 City Council Meeting, Council determined the Board would be more effective with five (5) members; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. Membership of the Environmental Advisory board shall be modified as follows: […] The Board shall consist of five (5) members; the majority (3) shall be residents of the City of Edgewater and the remaining (2) may reside anywhere within the County of Volusia. Two (2) members of the board shall have environmental work experience and are professionals in this specialized area. Applicants who wish to apply for board appointment shall submit a resume’ indicating their experience and/or qualifications in environmental management, comprehensive planning or development in an environmentally friendly manner. These applicants shall be interviewed by the Mayor and City Council and shall be appointed by Council with consensus of a quorum of Council. 2022-R-08 2 Upon acceptance and taking oath of office, each member shall uphold the duties and responsibilities of the position. A quorum of the Board shall constitute three (3) members. […] Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. This resolution shall take effect upon adoption. After Motion to approve by ________________________________________ with Second by ___________________________________________, the vote on this resolution was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilwoman Megan O’Keefe Councilman Jonah Powers 2022-R-08 3 PASSED AND DULY ADOPTED this day of , 2022. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Mike Thomas Mayor ATTEST: Bonnie Zlotnik, CMC City Clerk 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 day of , 2022, under Agenda Item No 8_____ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2022-0190,Version:1 ITEM DESCRIPTION: SD-2201 - Cody Bogart, requesting Preliminary Plat approval for Riverfront Estates OWNER:Lennar Homes, LLC REQUESTED ACTION: Preliminary Plat approval LOCATION: East of South Ridgewood Avenue and south of Jones Fish Camp Road AREA:28.54± acres PROPOSED USE: Single Family Residential and Townhome Subdivision CURRENT LAND USE: Vacant FLUM DESIGNATION: Low Density Residential with Conservation Overlay ZONING DISTRICT:RPUD (Residential PUD) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant/Single Family Residence Low Density Residential with Conservation Overlay/High Density Residential with Conservation Overlay/ Volusia County Urban Medium Intensity RPUD (Residential Planned Unit Development/Volusia County R- 4W (Urban Single Family Residential) East Single Family Residence/River Volusia County Urban Medium Intensity Volusia County R-4W (Urban Single Family Residential) South Single Family Residential/Manufactured Homes Volusia County Urban Medium Intensity Volusia County R-4W (Urban Single Family Residential)/MH- 1W (Mobile Home Park) West Vacant/Boat Storage & Sales Volusia County Urban Medium Intensity Volusia County R-4W (Urban Single Family Residential) Background:The subject property was annexed into the City in 2020;a PUD Agreement was approved on May 4,2020.The City of Edgewater Printed on 4/19/2022Page 1 of 2 powered by Legistar™ File #:AR-2022-0190,Version:1 Background:The subject property was annexed into the City in 2020;a PUD Agreement was approved on May 4,2020.The development includes 52 single family lots with a minimum size of 50’ x 115’ and 88 townhome units. The Preliminary Plat and construction plans have been reviewed by the Technical Review Committee (TRC);the Preliminary Plat substantially meets the requirements of the Land Development Code and PUD Agreement.The Planning and Zoning Board recommended approval of this item on April 13, 2022. Land Use Compatibility:Development of the subject property is consistent with the approved PUD Agreement. Adequate Public Facilities:The subject property has access via Jones Fish Camp Road;improvements per the PUD Agreement shall be required.Installation of all infrastructure,including but not limited to,roads,sidewalks,streetlights,stormwater retention,utilities will be the responsibility of the developer. Comprehensive Plan Consistency:Development of the subject property is consistent with the Comprehensive Plan,Land Development Code and PUD Agreement. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for SD-2201 City of Edgewater Printed on 4/19/2022Page 2 of 2 powered by Legistar™ CedarC tWI ndi a nRi ver Dr Mackeral Cir Ma p l e Av eSa ilfi s h Ci r Clinton C e m e te r y R dCypress Way P in e S tCe d a r Wa y Red Bass LnAli c e S t Dolphin WayW h itin g W ayN In d ia n R iver D rJ o n e s F is h C a m p R d S Ri d g e wo o d Av e . Su bject Prope rty Date: 8/1/201 9 CedarC tMackeral CirSa ilfi s h Ci r A sh S tClinton C e m e te r y R dW I n d i a n Ri v e r Dr Ma p l e Av eCe d a r Wa y Cypress Way Red Bass LnAli c e S t Dolphin WayP in e S tW h itin g W ayN In d ia n R iver D rJ o n e s F is h C a m p R d S Ri d g e wo o d Av e Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS U ser Community . Date: 8/1/201 9 Su bject Prope rty City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2022-0191,Version:1 ITEM DESCRIPTION: SP-2201 -James Hodges,requesting site plan approval for indoor and outdoor storage on property land located at 4175 S. Ridgewood Avenue OWNER:Seminole Storage Units 2, LLC REQUESTED ACTION:Site Plan Approval LOCATION:4175 S. Ridgewood Avenue AREA:14.47± acres PROPOSED USE: Indoor and Boat/RV Storage CURRENT LAND USE: Vacant FLUM DESIGNATION: Industrial ZONING DISTRICT:I-1 (Light Industrial) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Boston Whaler Industrial MUPUD (Mixed Use Planned Unit Development) East Indian River Indian River Indian River South Vacant Volusia County Industrial Volusia County I-3W (Waterfront Industrial) West Florida Roadhouse Commercial B-3 (Highway Commercial) Background This property is located adjacent and south of the Boston Whaler manufacturing facility.This property was annexed into the City in January 2022.The applicant proposes to construct a 76,000 square foot air conditioned building and two non-conditioned buildings (16,500 square feet and 12,250 square feet).The project will also have outdoor boat and RV storage.Section 21-93.03 of the Land Development Code requires site plan review from the Planning and Zoning Board and City Council for buildings over 25,000 square feet. The Planning and Zoning Board recommended approval of this item on April 13, 2022. Land Use Compatibility:Indoor and Boat/RV storage is compatible with the industrial usage adjacent to the north. Adequate Public Facilities:The site has vehicular access via South Ridgewood Avenue and has access to sanitary sewer and potable City of Edgewater Printed on 4/19/2022Page 1 of 2 powered by Legistar™ File #:AR-2022-0191,Version:1 water. Comprehensive Plan Consistency:The proposed use is compatible with the Industrial Future Land Use. RECOMMENDED ACTION Motion to approve SP-2201 City of Edgewater Printed on 4/19/2022Page 2 of 2 powered by Legistar™ 1" = 100'C1014H DEVELOPMENT, LLC 2107512/03/21NPNP Alice StClintonCemeteryRd RiverColonyRdJones Fish Camp Rd Whaler Way SRidgewoodAve. Subject Property Date: 9/24/2021 Alice StClintonCemeteryRd RiverColonyRdJones Fish Camp Rd Whaler Way SRidgewoodAveVolusia County Property Appraiser . Date: 9/24/2021 Subject Property City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2022-0195,Version:1 COUNCIL AGENDA ITEM SUBJECT: Police Vehicle Purchase DEPARTMENT: Police SUMMARY: Purchase of seven (7)police vehicles to replace aging vehicles and non-police rated vehicles.The purchase would include one (1)Interceptor SUV K9,one (1)Interceptor SUV Patrol,two (2)F-150 Police Rated Detective/Administrative,and three (3)Interceptor SUV Police Rated Detective/Administrative.The purchase will include trading in several non-police rated vehicles and aging police vehicles which have value in today’s used vehicle market.Additionally,with supply chain shortages there are many uncertainties of waiting to purchase vehicles until October 2022.The estimated purchase price for the seven vehicles is $335,000 with an estimated trade credit of $82,800.The budget adjustment requested is approximately $252,200.The Police Department staff and City Fleet staff worked closely to analyze the current police vehicle fleet prior to making this request. BUDGETED ITEM:☐ Yes ☒ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable RECOMMENDED ACTION: Motion to approve the budget amendment and the purchase of the seven (7) police vehicles. City of Edgewater Printed on 4/19/2022Page 1 of 1 powered by Legistar™ April 18, 2022 Edgewater Police Chief Joseph Mahoney W1P 2022 F-150 Police Responder, Crew Cab 4x4 145" WB XL 998 3.5L V6 EcoBoost Engine 44G 10 Speed Automatic Transmission 150A Equipment Package Includes: Selectable drive modes: normal/tow-haul/snow-wet/EcoSelect/sport and SelectShift automatic with progressive range select, Electronic Locking w/3.31 Axle Ratio, GVWR: 7,050 lbs Payload Package, Tires: LT265/70R18 BSW A/T, Wheels: 18" 6-Spoke Silver Aluminum, Cloth 40/Blank/40 Front-Seats Includes reduced bolsters, 8-way power driver/manual passenger, center-section deleted, (Restraint control module cover provided) and vinyl rear bench, Radio: AM/FM Stereo w/6 Speakers SYNC 4 Includes 8" LCD capacitive touchscreen with swipe capability, wireless phone connection, cloud connected, AppLink with App Catalog, 911 assist, Apple CarPlay and Android Auto compatibility, digital owners manual and wireless software updates capability. 53A Trailer Tow Package 17C Front & Rear Chrome Bumpers 60C Pre-Collision Assist w/Pedestrian Detection 595 Fog Lamps 67T Integrated Trailer Brake Controller 76R Reverse Sensing System 67P Remote Keyless Entry - Includes 4-key fobs Factory Invoice $46,768.00 Government Price Concession Discount $7,600.00 4.27% Contract Discount $1,672.47 Whelen FST CORE DUO Inneredge Lightbar Blue/Blue with Full LED Take Down Lights, Whelen DUO CORE TADF8 Blue/Amber Rear Inneredge, Whelen Carbide CORE 21 Button Touch Pad Siren Controller, (2) Whelen SA315P 100 Watt Speakers Mounted Forward on Push Bumper, Whelen External Amplifier, Whelen Howler Low Frequency Siren, (4) Whelen DUO ION's Blue Mounted Forward in Push Bumper, Headlight Flasher, (2) Whelen Clear Vertex Mounted in Rear Tail light, Whelen 5 Module Blue/White DUO Tracers Mounted in Running Board Area, (2) Whelen Thin DUO ION's Blue Mounted in Lower Rear Tailgate Area, Arges Profocus remote spotlight with Control Head, 24" Console with Dual Self Adjusting Cup Holder, Arm Rest, Havis PKG-PSM-185 Laptop Stand with Havis UT-1006 Universal Laptop Tray, 500 Watt Power Inverter, Pro Gard 1/2 Cell with Widow Bars, Go Rhino Push Bumper with HD Wraps, Santa Cruz Universal Dual Weapons mount, Deep Tint, Spray in Bedliner, Decked truck bed organizer with (4) T Shaped Drawer Dividers, (2) Locks, (2) 48" Tie-Down Tracks, Bartow Ford Custom Installation, Run Power & Ground for 800Mhz Radio, Circuit Breaker thermal with manual reset $14,127.00 Yellow CITY Tag $119.55 Window Tint $135.00 TOTAL PURCHASE AMOUNT PER UNIT $51,877.08 Pricing in accordance with the Charlotte County contract # 2021000541 If you have any questions or need any additional information please feel free contact me anytime. Sincerely Yours, Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863) 533-8485 DESCRIPTION 2800 US Hwy North Bartow, Florida 33830 April 18, 2022 Edgewater Police Chief Joseph Mahoney K8A 2021 Ford Interceptor Utility 99B 3.3L V6 Direct-Injection Engine 44U 10 Speed Automatic Transmission Front Headlamp Prep 86T Rear Taillight Prep Package 43D Dark Car Feature 60A Factory Grill, Lamp, Siren & Speaker Wiring 51T Whelen Factory Pillar Mounted LED Spotlight Voice Activated Bluetooth 55F Keyless Entry Fob 76R Reverse Sensing 52T Class III Trailer Tow Lighting Package 76P Pre-Collision Assist w/Pedestrian Detection Factory Rear View Camera 18D Global Lock / Unlock 17A Rear Auxiliary Air Conditioning Factory Invoice $39,355.00 Government Price Concession Discount $2,650.00 4.27% Contract Discount $1,567.30 Whelen ISFW50Z DUO Inneredge Lightbar Blue/Blue with Full LED Take Down Lights, Cruise Lights, ITRAYW10 Rear Blue/Amber DUO Rear Inneredge, Whelen Carbide CORE 21 Button Touch Pad Siren Controller, OBD II CANPORT Plug, (2) Whelen SA315P 100 Watt Speaker Mounted Forward on Push Bumper, Whelen Eternal Amplifier, Whelen Howler Low Frequency Siren, (2) Whelen SOLO Blue/White Tracers, (2) Whelen ION's DUO Blue/White Mounted Forward in Push Bumper, (4) Whelen Clear Vertex LED's 2 Front & 2 Rear Mounted in Headlights & Taillights, (2) Whelen ION Blue Mounted in Side Rear 1/4 Glass, (6) Whelen ION's Mounted Exterior Rear Pillars (Blue/Blue), Havis K9-F28-1-B K9 Transport System with LED Dome Light & 10" Fan with Window Guard, Ace K9 Hot-N-Pop PRO Temperature Alarm & Door Opening System Includes Horn Activation, Siren Activation, Light Activation, Dual Window Drop and One Door Pop Remote with Holster, No K9 Left Behind, AceWatchDog for use with Pro Alarm Systems AceWatchDog Server Service is $168.00 Per Year and the First Year is Included with New Unit. Go Rhino 5344A-2L61 Push Bumper with Heavy Duty Wraps, Santa Cruz Dual Weapons Mount, Havis C-VS-1012-INUT Console with C-PM-125 Brother PocketJet Printer Mount, CUP2-1001 Self Adjusting Cup Holder, C-ARM-101 Arm Rest & 2 Charging USB (Includes all required faceplates), Havis C-MD-112 11" Slide Out Locking Swing Arm with Motion Adapter with UT-1006 Laptop Tray, 100 AMP Fuse, Bartow Ford Raised Rear Weapons Box, 8 Block Panel Fuse, Install Customer Provided 800 MHz Radio, Speaker & Antenna, Edgewater POLICE K9 Graphics Bartow Ford Custom Installation $16,989.00 Yellow CITY Tag $119.85 Window Tint $135.00 TOTAL PURCHASE AMOUNT PER UNIT $52,381.55 Pricing in accordance with the Charlotte County contract # 2021000541 If you have any questions or need any additional information please feel free contact me anytime. Sincerely Yours, Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863) 533-8485 DESCRIPTION 2800 US Hwy North Bartow, Florida 33830 2800 US Hwy North Bartow, Florida 33830 April 18, 2022 Edgewater Police Chief Joseph Mahoney K8A 2022 Ford Interceptor Utility 99B 3.3L V6 Direct-Injection Engine 44U 10 Speed Automatic Transmission Front Headlamp Prep 86T Rear Taillight Prep Package 43D Dark Car Feature 60A Factory Grill, Lamp, Siren & Speaker Wiring 51T Whelen Factory Pillar Mounted LED Spotlight Voice Activated Bluetooth 55F Keyless Entry Fob 76R Reverse Sensing 52T Class III Trailer Tow Lighting Package 76P Pre-Collision Assist w/Pedestrian Detection Factory Rear View Camera 18D Global Lock / Unlock Factory Invoice $39,191.00 Government Price Concession Discount $2,400.00 4.27% Contract Discount $1,570.98 Whelen 55" Legacy DUO Lightbar Blue/Blue with Full LED Take Down Lights, Cruise Lights, LED Alley Lights & Full Rear Amber Traffic Advisor, (2) Rear Brake Pods, Mounting Kit, Whelen Carbide CORE 21 Button Touch Pad Siren Controller, OBD II CANPORT Plug, (2) Whelen SA315P 100 Watt Speaker Mounted Forward on Push Bumper, Whelen Eternal Amplifier, Whelen Howler Low Frequency Siren, (2) Whelen SOLO Blue/White Tracers, (2) Whelen ION's DUO Blue/White Mounted Forward in Push Bumper, (4) Whelen Clear Vertex LED's 2 Front & 2 Rear Mounted in Headlights & Taillights, (2) Whelen ION Blue Mounted in Side Rear 1/4 Glass, (6) Whelen ION's Mounted Exterior Rear Pillars (Blue/Blue), Go Rhino 5700WA Partition Polycarbonate with Center Sliding Window with Metal Mesh Screen, Lower Extension Panel & Recessed Panel, Rear Expanded Metal Partition, Upper & Lower Filler Panels, Mounting Brackets & Hardware, Go Rhino Steel Window Bars, Go Rhino 5344A-2L61 Push Bumper with Heavy Duty Wraps, Santa Cruz Dual Weapons Mount, Havis C-VS- 1012-INUT Console with C-PM-125 Brother PocketJet Printer Mount, CUP2-1001 Self Adjusting Cup Holder, C-ARM-101 Arm Rest & 2 Charging USB (Includes all required faceplates), Havis C-MD-112 11" Slide Out Locking Swing Arm with Motion Adapter with UT-1006 Laptop Tray, 100 AMP Fuse, Bartow Ford Raised Rear Weapons Box, 8 Block Panel Fuse, Install Customer Provided 800 MHz Radio, Speaker & Antenna, Edgewater POLICE Graphics Bartow Ford Custom Installation $11,984.00 Yellow CITY Tag $119.85 Window Tint $135.00 TOTAL PURCHASE AMOUNT PER UNIT $47,458.87 Pricing in accordance with the Charlotte County contract # 2021000541 If you have any questions or need any additional information please feel free contact me anytime. Sincerely Yours, Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863) 533-8485 DESCRIPTION 2800 US Hwy North Bartow, Florida 33830 2800 US Hwy North Bartow, Florida 33830 2800 US Hwy North Bartow, Florida 33830 April 18, 2022 Edgewater Police Chief Joseph Mahoney K8A 2022 Police Interceptor Utility AWD 99B 3.3L V6 Direct-Injection Engine 44U 10 Speed Automatic Transmission 65U Interior Upgrade Package Includes: 1st & 2nd Row Carpet Floor Covering Includes front and rear floor mats, Unique HD Cloth Front Bucket Seats w/Cloth Rear Includes driver 6-way power track (fore/aft. up/down, tilt with manual recline, 2-way manual lumbar) and passenger 2-way manual track (fore/aft. with manual recline), Center Floor Console Less Shifter Includes console and top plate with 2 cup holders. (Maintains column shifter), SYNC 3 Communications & Entertainment System Includes 911 Assist, VHR, SYNC Services, AppLink, Bluetooth, steering wheel controls, USB port and auxiliary input jack. 64E 18" Painted Aluminum Wheels 86T Tail Lamp/Police Interceptor Housing Only 43D Dark Car Feature 60A Grille LED Lights, Siren & Speaker Pre-Wiring 55F Remote Keyless Entry Key Fob - Includes 4-keys & fobs 76P Pre-Collision Assist w/Pedestrian Detection 76R Reverse Sensing System Factory Invoice $39,611.00 Government Price Concession Discount $2,400.00 4.27% Contract Discount $1,588.91 Whelen FST DUO Inneredge Lightbar Blue/Blue with Full LED Take Down Lights, Whelen ISTRAY10 Rear Inneredge, Whelen Carbide HHS4200 with CANCTL5 Hand Held Touch Pad Siren Controller, (1) Whelen SA315P 100 Watt Speaker Mounted Forward in Grill Area, (2) Whelen SOLO Blue/White Tracers, (2) Whelen MICRON's Blue/Blue Mounted Forward in Grill, (4) Whelen Clear Vertex LED's 2 Front & 2 Rear Mounted in Headlights & Taillights, Bartow Ford Raised Rear Weapons Box, 8 Block Panel Fuse, Install Customer Provided 800 MHz Radio, Speaker & Antenna, Bartow Ford Custom Installation $5,952.00 Yellow CITY Tag $119.85 Window Tint $135.00 TOTAL PURCHASE AMOUNT PER UNIT $41,828.94 Pricing in accordance with the Charlotte County contract # 2021000541 If you have any questions or need any additional information please feel free contact me anytime. Sincerely Yours, Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863) 533-8485 DESCRIPTION 2800 US Hwy North Bartow, Florida 33830 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2022-0196,Version:1 COUNCIL AGENDA ITEM SUBJECT:1. Acceptance of a Real Property Donation from Volusia County, 2. Request to Declare Same as Surplus Property of the City of Edgewater, 3. Direct Staff to Deed Same Property to a Business within Edgewater. DEPARTMENT:Administration SUMMARY:Several months ago,the proprietor of an office building located at 103 Connecticut Avenue called and advised she had purchased the Chiropractic business and wanted to update the face of the business sign located just west of the building on US 1.Unfortunately,she found out the sign was actually on a separate parcel owned by Volusia County.The strip of land runs a full block from Connecticut Avenue north to Ocean Avenue along US 1 and is approximately 20 feet in width.The County Manager’s Office was contacted by the City and asked how to go about transferring the strip of land to the Chiropractic office and was told they could only transfer it to the City.Several months later,a ‘County Deed’was recorded transferring ownership to the City of Edgewater after the County deemed the property surplus. The property is unusable as a building site and the City of Edgewater has no use for it (likely of no real value). Staff fully believes it should be declared surplus by the City and ownership transferred to the owner of the Chiropractic building. BUDGETED ITEM: N/A BUDGET AMENDMENT REQUIRED:No RECOMMENDED ACTION: 1.Motion and vote to accept the donation of real property by Deed from Volusia County, Motion and vote to declare the same property as City surplus and direct ownership be transferred to the City of Edgewater Printed on 4/19/2022Page 1 of 2 powered by Legistar™ File #:AR-2022-0196,Version:1 owner of 103 Connecticut Avenue (the Chiropractic Office). City of Edgewater Printed on 4/19/2022Page 2 of 2 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2022-0197,Version:1 COUNCIL AGENDA ITEM SUBJECT: Purchase of New Garbage Truck DEPARTMENT: Environmental Services SUMMARY: As discussed and presented on March 4th, the Environmental Services Department currently has three (3) small 18 cy trucks that are 10-12 years old. In total, the city has eight (8) garbage trucks and needs at least seven (7) every day to complete established sold waste routes. Recently, two of the older units broke down and required multiple days for their repair. This left six (6) operational units on the road to meet the Department’s level of service. A new garbage truck to replace one of these smaller units was included in this year’s budget and ordered in October 2021, yet is not expected to be received until October 2022. Thus, we need to find another purchasing option to meet this critical need. As also discussed, supply chain issues are causing shortages, and dealers are not taking orders for new units built to the customer’s specifications. On March 4th, City Council authorized Staff to find and purchase a used 27 cu/yd garbage truck for a cost not to exceed $200,000. As an alternate and through the diligence of Staff, a vendor has been found that will sell the city a new model year 2023, 25 yd rear loader refuse truck and accept two of the city’s older city units as in trades toward the purchase price of the new truck. The transaction breakdown is as follows: ·2023 Freightliner M2-106 with a 25 yd capacity rear loader refuse truck for $269,900 ·The trade-in of two (2) T370 Kenworth refuse trucks for $38,000 ·The approved dollar amount to purchase a used garbage truck from the March 4th Council meeting of $200,000 ·Requesting Council authorize additional funds to complete purchase- $31,900, pending further negotiations regarding trade-in value of older trucks. While the purchase of a second garbage truck was not budgeted for the current fiscal year, the number of new homes constructed exceeded expectations and thus additional revenue and reserves can support the purchase without incurring debt. Staff plans to budget for three (3) new garbage trucks for the next fiscal year, but again, there will likely be a 12-18 month lag between the order date and delivery. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable City of Edgewater Printed on 4/19/2022Page 1 of 2 powered by Legistar™ File #:AR-2022-0197,Version:1 BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: Motion to augment the authorized amount for Staff to acquire a garbage truck by $31,900 to a total of $231,900 plus trade-in value of existing equipment. City of Edgewater Printed on 4/19/2022Page 2 of 2 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2022-0200,Version:1 COUNCIL AGENDA ITEM SUBJECT:American Rescue Plan (ARPA) - Use of Funds DEPARTMENT:Administration SUMMARY:The US Treasury has set aside a total of $11,979,418 for use by the City of Edgewater as a result of COVID-19.When funding was first announced,staff approached Council about using all of the funds for rehabilitation of sewer lines due to the limited allowed use of the funds and the need to have this specific work done.As time has passed,the Treasury’s rules began to change and today the use of funds is much more lenient.The biggest change is the first $10 million can be used to reimburse the city for past expenses and a huge qualifier is for wages and benefits paid to employees.This would free up monies to be used for any general government need.As is widely known,Edgewater has outgrown its City Hall and as the City continues experiencing unprecedented growth,more employees will become necessary as will more meeting rooms.This reimbursement of expenditures can be used for this purpose.Remaining funds ($1,979,418) must be used for initially specified projects, such as relining sewer pipe. During calendar year 2021,a Space Needs Analysis was conducted by Jay Pendergast a New Smyrna Beach Architect.He estimated based on current needs a new City Hall would need a minimum of 33,000 square feet. Staff believes the need has now grown to a minimum of 40,000 square feet,which would allow for some future growth.Staff also believes Hawks Park would be good place for it to be situated if this size building would fit. It should be understood $10 million is likely not enough to construct a 40,000 square foot building.Case in point,a new DeLand fire station was recently completed at a cost of $5.6 million.It is 16,000 square feet and cost $350 per square foot.It is believed construction should be estimated to cost between $350 and $500 per square foot.An average would put the cost of 40,000 square feet at $17 million.However,the true cost will not be unknown until the project is engineered and construction bids returned.There are also ways to reduce initial costs.One way would be to construct a smaller footprint to be added to in the future as funds become available.There would be no need to keep the current city hall location,which could be sold and monies used toward construction of a new facility. The Federal Government continues to say more relief funding is slated for future State and Local government projects such as water and sewer infrastructure.This funding is going to apparently be limited in scope and City of Edgewater Printed on 4/19/2022Page 1 of 2 powered by Legistar™ File #:AR-2022-0200,Version:1 not available for construction of City Halls. BUDGETED ITEM:No BUDGET AMENDMENT REQUIRED:At some point, yes. RECOMMENDED ACTION::Direct staff to formulate future steps to use the funds that were freed up by the ARPA funding “standard allowance”to construct a new City Hall and keep the Council informed along the way as to progress. City of Edgewater Printed on 4/19/2022Page 2 of 2 powered by Legistar™